Young indie dev get's bullied with cease & desist by iNXile for using word "Wasteland" in $1.99 Stea

Discussion in 'Wasteland Discussion' started by NotAcasul, May 3, 2016.

  1. NotAcasul

    NotAcasul meanie

    328
    Mar 17, 2016
  2. Einhanderc7

    Einhanderc7 Vat dipped, grown and still oozing with perfection

    858
    Apr 22, 2016
    Sadly this is a common theme in the IP tug of war. So common in fact you should look up the "edge" stupidity and the lawsuits surrounding the use of edge in titles all the way back from the 70's or 80's (cant remember but was a long time ago.) which only recently ended. Or another example would be Bethesda taking legal action against Mojang for using "scrolls" in one of their game titles.
     
  3. Radiosity

    Radiosity Writiosity

    464
    Sep 9, 2015
    Unfortunately it's a reality of current trademark law that if you don't aggressively protect your property you're likely to lose it. Yes, it sucks, and yes, it's probably a bit heavy handed, but InXile have way too much to lose compared to a one-guy (or super small team) indie dev and can't afford to take risks like that. Wasteland is a big game for them, losing the trademark would be a huge problem.

    Pretty much everything about copyright and trademarks and all that jazz really needs overhauling for the internet age, but alas, it ain't likely any time soon.
     
  4. DoktorVivi

    DoktorVivi First time out of the vault

    63
    May 31, 2008
    The EFF disagrees, actually. I thought the same way but I was directed to this recently:

    https://www.eff.org/deeplinks/2013/...-require-companies-tirelessly-censor-internet

    Refers to a case from 2013.. most of it is about freedom of speech, but here's the relevant bit:

     
  5. 0wing

    0wing Все умрут, а я волномут

    Mar 23, 2015
    From InXile? I thought IP 'Wasteland' still belongs to Electronic Arts and they just let InXile use it for WL2.
     
  6. FlashBash64

    FlashBash64 The High Roller

    73
    Mar 20, 2016
    Didn't Bethesda also threaten some guy to change the name of his game from "Fortress Fallout" to something else? I recall Mr.MattyPlays and his fuckwit friends attempting to defend Bethesda over it.
     
    • [Like] [Like] x 1
  7. TorontoReign

    TorontoReign WHO DO YOU THINK THAT IS THERE? Staff Member Moderator

    Apr 1, 2005
    Honestly it would be better to think of a unique title instead of using the generic "wasteland" which has been used a thousand times over. Use your brains folks.
     
  8. Juza The Cloud

    Juza The Cloud Nanto Goshasei

    606
    Jun 3, 2015
    It puts the comments InXile's said about Beth's Wasteland Workshop name in more context .
     
  9. Mr Fish

    Mr Fish Snug Rubber

    Sep 11, 2010
    What comments? Could you link me?
     
  10. eissa

    eissa Altáriel, Lady of Radiant Garland

    Jan 7, 2016
    what

    and the upcoming mad max movie were supposed to be have "wasteland" in its working title
     
  11. Mr Fish

    Mr Fish Snug Rubber

    Sep 11, 2010
    I like it.

    Anyway, I really don't know how the trademark laws work and how "if you don't protect your IP then you're gonna lose it" works either so I have no idea whether or not I can agree with InXile about all of this. I mean, if the copyright/Ip laws and shit are that bad that you have to constantly protect the word "Wasteland" being used as an IP or else you're going to lose it and anyone will be able to call their whatever "Wasteland" then sure, I get it. And if it is true that InXile is trying to find amicable solutions to all of this then they are far better than others out there. But I don't know the full story and I don't fully understand how this kinda stuff works so... Yeah. I'm indifferent. I don't think less of InXile and I don't necessarily think highly of them either. On one hand they have to deal with the shitty system (which I dislike) but on the other hand they're trying to go about it in an amicable way that helps out both parties rather than just slapping others with lawyers (which I like. So yeah. I'm neutral on all of this.

    But I love Bry-Bry taking potshots at Bethesda tho.
     
  12. Risewild

    Risewild Carbon Dated and Proud
    Modder Orderite

    Jun 14, 2014
    Better this young indie dev learns early what kind of industry he is getting into it than later.

    I consider trademark laws ridiculous sometimes, but the gaming industry is today a multimillion business and so companies have to safeguard their IPs and stuff, including calling the lawyers onto the weak and oppress them...

    It's a war zone out there in the gaming industry and any new indie dev should know what he/she is getting into before it is too late...

    Now for real, if you're making a game do not use in your game title any word that is in the title of already released games and IPs, those are always copyrighted and/or trademarked, specially if the word identifies the full IP (like Fallout, Wasteland, Doom, etc)... As stupid as that is.
     
    Last edited: May 5, 2016
  13. AskWazzup

    AskWazzup Sonny, I Watched the Vault Bein' Built!

    Aug 21, 2008
    What a bunch of bullshit, you can't use generic words all of a sudden. How is "The Alien Wasteland" even remotely infringing anything? What dicks....
     
    • [Like] [Like] x 1
  14. zegh8578

    zegh8578 Keeper of the trout Orderite

    Mar 11, 2012
    I agree with this. Trademark protection is about _the actual brand_, not words that happen to be the same, that's ridiculous. With that logic, nobody can have "Die" or "Hard" in titles anymore, paleontologists can no longer publish articles with the word "Jurassic" in them, Paramount Pictures would sue every museum that mentions the Titanic by name, and so on.
     
    • [Like] [Like] x 3
  15. Black Angel

    Black Angel Grand Inquisitor of the Ordo Hereticus

    Mar 21, 2016
    Umm, to be fair, Bethesda did that with some small devs making a game called "Fallout Fortress" and "The Scrolls". I know, I know, two wrongs don't make a right, but there has been many discussion on the matter, and I'm honestly don't know what's more to say.

    Besides, Brian Fargo also taking shots at Bethesda regarding 'Wasteland Workshop', yet he didn't go for cease and desist, most probably because he knew well how insidious Bethesda is when it comes to this kind of business.

    Also, OP's title kind of making inXile looks bad, by typing 'Young indie devs got bullied'. Honestly, you should scream at Bethesda who did the same, like, twice at around a same time.
     
  16. Crni Vuk

    Crni Vuk M4A3 Oldfag oTO Orderite

    Nov 25, 2008
    You mean paleontologist papers are not about Jurassic Park and finding ways to clone Dinosaurs?
     
  17. zegh8578

    zegh8578 Keeper of the trout Orderite

    Mar 11, 2012
    If they were, they would definitely be infringing upon Universal Pictures and Steven Spielberg.
     
  18. Jogre

    Jogre So Old I'm Losing Radiation Signs

    Oct 25, 2015
    I am going to grab a dictionary, and copyright every single world in it, so I can sue every company ever made.
     
  19. Einhanderc7

    Einhanderc7 Vat dipped, grown and still oozing with perfection

    858
    Apr 22, 2016
    Plenty of people have already beaten you to it, literally.
    If you want to copyright work, make up a piece of crumbly ip and find a word that isn't currently owned, then name it that. Then do the legal paperwork. And now you have to protect your work, have fun.