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Gangrene
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 Posted: 03-Jan-2004 20:16 Post subject: FanPro and Megamek |
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Has anyone heard of any plans for FanPro to purchase Megamek or make their own PC version of the boardgame? Official support would be nice. I think it would be a good move for the game as it would put it on a platform that has a greater audience and it would probably sell well.
The only reason I bring it up is that I noticed Eagle Games has started doing it with some of their strategy games. I just got War:Age of Empirialism for my PC and its a lot of fun. I would pick up Megamek, but I would prefer a licensed, regulated product.
[ This Message was edited by: Gangrene on 2004-01-03 20:24 ]
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chihawk
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| Posted: 03-Jan-2004 20:42 Post subject: RE: FanPro and Megamek |
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MegaMek is a violation of Microsoft's Battletech licence with Wizkids so you'll never see any sort of agreement between MegaMek and FanPro.
If MegaMek were charging money for the service you can be damn sure they'd be shut down very quickly...
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Gangrene
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| Posted: 03-Jan-2004 21:57 Post subject: RE: FanPro and Megamek |
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On 2004-01-03 20:42, chihawk wrote:
MegaMek is a violation of Microsoft's Battletech licence with Wizkids so you'll never see any sort of agreement between MegaMek and FanPro.
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I know MS has rights to use Battletech names and logos for their MW franchise, but are they exclusive? After all, Rick's software uses those same names and logos and MS has not moved against them.
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Nightmare
Lyran Alliance
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| Posted: 04-Jan-2004 00:35 Post subject: RE: FanPro and Megamek |
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On 2004-01-03 21:57, Gangrene wrote:
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On 2004-01-03 20:42, chihawk wrote:
MegaMek is a violation of Microsoft's Battletech licence with Wizkids so you'll never see any sort of agreement between MegaMek and FanPro.
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I know MS has rights to use Battletech names and logos for their MW franchise, but are they exclusive? After all, Rick's software uses those same names and logos and MS has not moved against them.
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Rick is licensed to create the official design software for Classic Battletech. MS has the rights to produce computer games. They can't muscle in on Rick. Well, they could, but it's probably not worth their time and money.
This text appears on the HM Pro site: HeavyMetal Pro was developed by Rick Raisley of RCW Enterprises, and is Copyrighted by WizKids, LLC, © 2002.
BattleTech®, 'Mech® and BattleMech® are registered trademarks of WizKids, LLC. All Rights Reserved. Used under license.
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chihawk
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| Posted: 04-Jan-2004 09:04 Post subject: RE: FanPro and Megamek |
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M$ can't go after Rick because his licence is for 'mech creation software and M$'s licence only covers compuer versions of the games.
MegaMek being a computer version of the game.... 
[ This Message was edited by: chihawk on 2004-01-04 09:04 ]
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Gangrene
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| Posted: 04-Jan-2004 12:40 Post subject: RE: FanPro and Megamek |
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Well, I don't quite agree with you guys. Nightmare, the text you mentioned said "used under license" and makes no mention of MS, which makes me believe that Wizkids still has the ability to license the trademarks for entertainment use. After all, HMP could be described as entertainment software. Chihawk, Microsoft's Mechwarrior series is a simulation based on the game, it is not a computerized version of the game. We don't know whether the license covers that or not, as usually these things are spelled out quite accurately in legal contracts. It is possible that MS owns exclusive rights to the name "Mechwarrior" and other rights, not exclusive, to trademarks and logos. I doubt there is a clause that states that no other company may make a computer game based on the universe, but if there is then you guys are right.
Lacking any access to the contract itself or someone who really knows it, all we have to go on is speculation.
Assuming FanPro could make a computerized version of the board game, would you think that is a good move?
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chihawk
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| Posted: 04-Jan-2004 12:48 Post subject: RE: FanPro and Megamek |
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What I state is fact. It's been discussed many times and many places, but the fact remains that MegaMek is a violation of M$'s licence because M$'s licence covers computer simulations of the game.
The HM programs are not a game, but a licenced suplement to the board game.
I think having something like MegaMek is a great idea, but you won't see any official affiliation under the current arrangements.
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Rarich
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| Posted: 04-Jan-2004 12:59 Post subject: RE: FanPro and Megamek |
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Rick has a liscense from WizKids for Design Programs.
M$ has a liscense from WizKids for Game programs.
There is no conflict or problem there.
Megamek Does not have a Liscense from Wizkids, That is where the problem lies. WizKids AND M$ would go after Megamek if they started selling their program. WizKids to protect their Branding of Battletech, M$ to protect their liscense.
It doesn't matter if anyone agrees, that is simple law.
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Gangrene
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| Posted: 04-Jan-2004 13:17 Post subject: RE: FanPro and Megamek |
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On 2004-01-04 12:48, chihawk wrote:
What I state is fact. It's been discussed many times and many places, but the fact remains that MegaMek is a violation of M$'s licence because M$'s licence covers computer simulations of the game.
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I must have missed those. Anyways, I have never heard any official word on it from FanPro or FASA.
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I think having something like MegaMek is a great idea, but you won't see any official affiliation under the current arrangements.
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That's too bad. FASA really screwed themselves in that deal.
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chihawk
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| Posted: 04-Jan-2004 16:26 Post subject: RE: FanPro and Megamek |
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On 2004-01-04 13:17, Gangrene wrote:
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On 2004-01-04 12:48, chihawk wrote:
What I state is fact. It's been discussed many times and many places, but the fact remains that MegaMek is a violation of M$'s licence because M$'s licence covers computer simulations of the game.
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I must have missed those. Anyways, I have never heard any official word on it from FanPro or FASA.
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Conjecture here, but I think one of the reasons there's never been anything said by FanPro/WizKids is if they say anything they'll have to try and shut it down. If they say nothing it can go on.
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Gangrene
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| Posted: 04-Jan-2004 16:40 Post subject: RE: FanPro and Megamek |
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Megamek is not in violation of anything because its free and nobody is making any profit off of it. There might be a copyright violation, but I don't think that's necessarily true (its called "mek", not "mech").
Ok, let's say you guys are right and MS owns the rights to any current or future videogames based on the Btech universe. I still don't see why that is an impossible barrier to entry for a computerized version of the boardgame. It just means MS has to be brought into the deal. You never know, they could rent the license for a fixed amount or some profit share. Or better yet, maybe MS would make the game themselves. They did a good job on both the Mechwarrior series and the MechCommander series.
[ This Message was edited by: Gangrene on 2004-01-04 16:40 ]
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chihawk
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| Posted: 04-Jan-2004 16:47 Post subject: RE: FanPro and Megamek |
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On 2004-01-04 16:40, Gangrene wrote:
Megamek is not in violation of anything because its free and nobody is making any profit off of it. There might be a copyright violation, but I don't think that's necessarily true (its called "mek", not "mech").
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Bullshit. 100% Bullshit.
It matters not if it's free or not it still violates the licence between FanPro/Wizkids and MS.
That is not debateable, it is a fact.
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Ok, let's say you guys are right and MS owns the rights to any current or future videogames based on the Btech universe. I still don't see why that is an impossible barrier to entry for a computerized version of the boardgame. It just means MS has to be brought into the deal. You never know, they could rent the license for a fixed amount or some profit share. Or better yet, maybe MS would make the game themselves. They did a good job on both the Mechwarrior series and the MechCommander series.
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Correct. Until the agreement with MS is over the only way you'd get anyting "legal" is with them involved in some way.
And going by the way M$ does business they aren't going to get involved.
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Gangrene
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| Posted: 04-Jan-2004 17:11 Post subject: RE: FanPro and Megamek |
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On 2004-01-04 16:47, chihawk wrote:
Bullshit. 100% Bullshit.
It matters not if it's free or not it still violates the licence between FanPro/Wizkids and MS.
That is not debateable, it is a fact. |
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You are wrong. Licenses do not prevent private citizens from making their own works, only from not profiting from trademarks and logos expressed within the license. Copyrights can prevent someone from distributing a free item that claims to be based on a trademark or logo, but when that trademark or logo is removed it is no longer a copyright violation.
In other words Megamek does not violate any license, and if every reference to Battletech was removed I doubt you could say it was copyright violation. I saw a game in a videogame store recently (Titans of Steel or something like that) that was a hex-based, turn-based large fighting robot strategy game, in every way a ripoff of Btech, but they were not in violation of the license or copyrights.
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chihawk
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| Posted: 04-Jan-2004 17:22 Post subject: RE: FanPro and Megamek |
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Bullshit.
There doesn't need to be money changing hands for it to be a violation of a licence.
You want proof?
Go over to Rick Raisley's forum and ask him if The Drawing Board violates his agreement to create 'mech creation software.
The answer he gives will be the exact same for MegaMek.
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Ronin
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| Posted: 04-Jan-2004 17:32 Post subject: RE: FanPro and Megamek |
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A violation of license or contract can also occur if something is substantially similar to the property covered by the license or copyright.
Like chihawk said, Megamek is a violation of copyright, plain and simple. Just because they haven't been taken to court over it doesn't mean that they are legally ok. The decision to pursue or not pursue a lawsuit to protect a copyright can be complex, based on factors such as brand identity and the dilution of such, estimated loss of profit, and the attitudes of the market. The backlash against the music industry for fighting Napster and even individuals who violated copyrights by dowloading music illegally has certainly made other businesses that rely on copyrights and licenses take notice, and possibly even reconsider their actions based on possible PR effects.
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