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Look, Feel, and the DMCA

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2y Jan 4, 2019
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With Paul Reiche III and Fred Ford having now disclosed evidence of their claims against Stardock and Star Control: Origins, it's clear that they are challenging infringement based on the "look and feel" of the game, rather than the component assets.

Why should such a claim make the industry nervous?

And just how can the DMCA be better drafted to prevent more spurious claims?

Regardless of how you feel about Brad Wardell, Stardock, or Star Control, if you like games, or the game industry, this is a story you are going to want to follow closely.

FULL DISCLOSURE: Hoeg Law is located near Stardock's headquarters and has had numerous personal and professional contacts with the company. No part or portion of the matters discussed in this video have been discussed by Hoeg Law with Stardock or any of its personnel.


Discussed in this episode:

"Star Control creators defend their DMCA claim against Star Control: Origins"
Polygon, January 3, 2019
(https://www.polygon.com/2019/1/3/18167140/star-control-origins-creators-dmca-stardock)

Denial of Preliminary Injunction
December 27, 2018
(https://www.scribd.com/document/396682032/Stardock-Systems-Inc-vs-Paul-Reiche-III-and-Robert-Frederick-Ford-Order-Denying-Motion-for-Preliminary-Injunction)

"Injunction Junction"
Reiche/Ford Blog Post, January 3, 2019
(https://www.dogarandkazon.com/blog/2019/1/2/injunction-junction-court-instruction)

"Star Control: Origins yanked from storefronts in latest chapter of legal battle"
Gamedaily.biz, January 2, 2019
(https://gamedaily.biz/article/478/star-control-origins-yanked-from-storefronts-in-latest-chapter-of-legal-battle)

US Copyright Act, Section 512
(https://www.law.cornell.edu/uscode/text/17/512)


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!


Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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