KQIX Project shuts down

[JonStoll]

One thing I want to point out: take into consideration Weird Al Yankovich, he doesn't have permission from the artists to redo their songs. In fact, many of them were offended and angry but couldn't do anyting about it. What does the law have to say about that?

[sivvrianBARRY]

That is covered under parody laws I believe, because his songs are comedic in nature. Just like how SNL can't get sued for slander, or how you can rip off a well known logo and sell it as long as the merchandise is intended to be humor.

[awesomeasapossum]

Well lets just "pretend" that this game is 'comedic' after all, the death scenes are funny...right?

[Link_and_sheik]

HEY I HATE THIS SO MUCH IM GONNA EAT SOMEONES HEAD OFFFFFFFFFFFFF!!!!!!   I HATE THIS SO MUCH IM GONNA KILL CORY!!!!!!!!!!!!!!!!!!!!!!!!!!!   4 LIFE

[danne]

I'm in shock. Words cannot describe the disappointment i feel about this merciless act by VUG.
Obvious They are blinded by greed, and can't see what you guys "for free" are doing for them.
They may have the law on their side, yes... but where do they have their heart.

I hope for the very best outcome.

- Daniel.

[awesomeasapossum]

In my American History class a few weeks ago, we were talking about a law that states that if you do something for X amount of time without rousing any complaint, then you become legally able to continue the action regardless of whether or not there are complaints. For example, if you've cut across someone's lawn on the way to school every day for the past X amount of time, the owner of the property can't all of a sudden legally stop you from doing so.

Actually the law is on our side.

[koko_99_2001]

I'm still in shock. I know that the team is making the right decision by cooperating with Vivendi, but I feel so horrible for ya'll because of how much work you put into it. It's absolutely crazy for Vivendi to have shut you down now instead of a year or two ago. I believe it was Erpy who said that it was possibly the release of the trailer and release date that sparked this. I can see that. Maybe they didn't think much of the project until they saw what a wonderful job ya'll were doing. Anyway, as always, I support ya'll and will in whatever endevers you decide to take (hopefully, it will include the completing of the game).

[Quarky42]

I am dissappointed.  I have never had any reason to like Vivendi.  If they do something about continuing the series instead of killing fan-fiction which has precident in the past, then maybe...

How about a petition to get them to use the material to create a new game.

I, like so many, was ever looking forward to the release of this. 

How come song artists, painters, and so many other artists can make "mock" versions of songs without the rights to the song?  I would think you could make a mock version of a game/story the same way as long as you aren't charging for it.  (heck Weird Al makes money on all the songs he parodies.)

This situation is Bogus/BS.

[Incognito...]

Well... I am very disappointed.

FINALLY someone was making a decent sequel (oldschool-style) of an adventure game serie, which undoubtely, was one of the best in the earlier years. Great graphics, great voiceacting, a great team behind it and great gameplay? The last is something we will never know...

Anyways, I just send an email to Sierra / Vivendi (not that it will help); stating I will never ever "buy" a game which has there name on it. Hopefully more people will do the same, so they will go out of business and stop making action based adventure games...
E.g. LSL Cum Laude anyone. A great adventure game, RUINED by Vivendi and Co.

Oh well, ship happens... I already see SQ7.org coming to an end as well. Sheesh.

Bah I just had to get this of my test... Vivendi should change their name into; Vivendi Universal Greed, Inc.

My 2 Eurocents...

[zac353]

I am dissappointed.  I have never had any reason to like Vivendi.  If they do something about continuing the series instead of killing fan-fiction which has precident in the past, then maybe...

How about a petition to get them to use the material to create a new game.

I, like so many, was ever looking forward to the release of this. 

How come song artists, painters, and so many other artists can make "mock" versions of songs without the rights to the song?  I would think you could make a mock version of a game/story the same way as long as you aren't charging for it.  (heck Weird Al makes money on all the songs he parodies.)

This situation is Bogus/BS.

A petition... now that's an idea.. I don't know if that would work because that would take LOTS of signatures...

[Luke]

Hi everyone,

Nobody except a handful of people from the KQIX team know who I am, but I co-founded the project with a friend of mine just under 5 years ago.

Neither of us are still involved with the project.  It's a long story, and I can't divulge details out of respect for the current team and all it has managed to accomplish up until this honestly devastating blow.

KQIX was, in the grand scheme of things, a wonderful experience for me.  It's funny, but the saying I derived the game's subtitle from turned out to be nothing short of prophetic.  I felt compelled to leave the team about 18 months after its founding for reasons of conscience, and it was a very painful, difficult, almost heartbreaking decision.  However, as a result of what happened I met two people who are extremely important in my life now, one of whom is KQIX's own Michael Fortunato.

At its most basic level, King's Quest was all about those little, and not-so-little, lessons we learn through life, and the qualities we all seek to emulate.  Courage, perserverance, love, ingenuity, trust...  I literally grew up on the series, as I'm sure many of you also did, and devoured each new episode (with the notable exception of MoE  ) as soon as it was released.  In the same way I might not have realized those "hidden morals" the games were teaching, I had no way of knowing how much founding, working on, and even leaving KQIX would lead me to discover about myself.  Every cloud really does have a silver lining.

One of the first truly realistic ideas I had for a carreer as a teenager was an adventure game designer.  I had the privelege of investigating that interest no fewer than three different times between 1999 and 2004, one of which was working on KQIX.  While none of those efforts "worked" and I came to the realization that game design wasn't for me, it did help me realize that I am a born writer.  In fact, don't be surprised if you see a published novel by yours truly within the next few to several years, based on an idea for a game I worked on extensively following my time with KQIX.  The second person I met besides Mike as a result of my involvement with the team worked with me on a totally new story idea we'd hoped to turn into a game but now plan on writing as a novel.  And just wait 'til you read the end product!   

In hindsight, KQIX wasn't going to turn out exactly as I'd intended or hoped, but I'm glad things turned out the way they did.  In the same way, while KQIX may never come to fruition in the precise way it was originally hoped, something good will come out of the team's tireless efforts.

Congratulations, Team KQIX, on a valliant effort and an amazing accomplishment.  Let the inspiration for the game's subtitle be your battle cry.

EVERY CLOUD HAS A SILVER LINING!

Warm regards to you all, and love to Mike.

Luke Jensen
Co-founder, KQIX

[awesomeasapossum]

  That was great. And that is what this series is about. Vivendi can't pour that spirit into their game. No, only someone who's grown up with it can tell us what King's Quest truly is. I am sorry to say that Vivendi is a money hungry corporation and nothing more. KQIX team good luck to you all.

~Awesomeasapossum

[sivvrianBARRY]

In my American History class a few weeks ago, we were talking about a law that states that if you do something for X amount of time without rousing any complaint, then you become legally able to continue the action regardless of whether or not there are complaints. For example, if you've cut across someone's lawn on the way to school every day for the past X amount of time, the owner of the property can't all of a sudden legally stop you from doing so.

Actually the law is on our side.

Well to be fair I'm not very certain about the extent of that law, or the conditions under which it has to operate. However I'm sure a case could be made about the trademark policing.

[awesomeasapossum]

   Many people have different dreams, all unique in their own way. My dream is for Phoenix Freeware Online, a company dedicated to making freeware fan versions of 80’s adventure games, to complete their first project: KQIX: Every Cloak Has A Silver Lining. Others’ dreams are most likely about their goals, but mine is about another group of people. These people have been working over four years on developing a game that would add some closure to the much popular adventure game series, King’s Quest, created by Roberta Williams. The first part of their incredible computer game was going to be released this winter, but because of Vivendi, the company that owns the rights to King’s Quest and has known about the project for the entirety of it’s life, they must stop. They received a letter on September 30th requesting that they stop the project immediately. Over forty people are on that team and have dedicated their time, talents, and money to it for four years. Good luck team.

[Oldbushie]

At any rate a clear case could be made that both the original creators of King's Quest (Ken and Roberta Williams) are in full support of the game. Have they heard of this disparaging news? Perhaps they might have an idea of what to do.

[sivvrianBARRY]

That's also another possibility, to add Ken and Roberta (if they're willing, of course) to the PO Studios team as consultants, and then try to argue that PO Studios owns the intellectual rights to the series, in addition to the faulty trademark thingy.

[Neal]

I, like many other fans on this forum and around the world, received grave news with the announcement of the cancellation of the KQIX Project.  I truly looked forward to the release of this game purported to bring closure to the series.  While I wish the King's Quest universe could never end, it seems only fitting some sort of closure would come to the series.  And what better group of people to give King's Quest a more fitting ending than its fans?

Now, we must wait, as we had to before, for an official sequel.  No one knows for sure if any company will ever release an official sequel.  I honestly wish we could ask Roberta Williams how she would end the series.  No family in fiction deserves an official ending more than the Grahams of Daventry.

However, like many of the fans who read this forum undoubtedly wonder, would it ever be possible for us to know the story you had planned for this game?  Even if it is unofficial, I would very much like to know the basic plot.  Everyone might theorize as to how King's Quest progresses from Mask of Eternity.  I, for one, would like to know just what the authors had in mind in Every Cloak Has a Silver Lining.

Regardless of the availability of this story, I commend your efforts.  I hope you decide to make original adventure games, or even games of another genre.  I remain very impressed by the quality of the work produced by this talented team, and I urge you to progress forward, if at all possible.  Perhaps you might follow the dreams of many reading this forum and obtain the rights to King's Quest, thereby enabling you the privilege of adding your own story to the marvelous world comprising this truly legendary game.

[za105]

You could still continue work on the project and release it on P2P progs and bittorrent. They can't prevent a release like that, and if you keep your work private and a secret they shouldn't be able to stop you either. When it comes time to release, let some "anonymous" people seep the release information out to let people know to start searching the torrents and P2P progs like eMule and Limewire, and that information should spread by itself.

I should forge an email to Vivendi with a source address of one of their business partners, threatening to cease cooperation with them if they continue their horrendous business ethics. Make them crap their pants at least until they reply and find out that the email was a spoof.

Matt

[awesomeasapossum]

I am a freelance video game writer and a publisher with a company I will  not name here.

This decision by Vivendi has outraged me.

You have been in development for years. And now their filthy, greedy hands rip at your hard work.

They are a joke and will be recieving some interesting letters in the upcoming month as we may not be willing to work with them on a future project as originally planned.

Just wanted you to know that Vivendi did a bad thing.

I wish you well.

You don't need to worry about that za105.

[Goober5000]

You guys are taking this far too meekly.  What Vivendi did is unconscionable, in both the moral and legal senses of the word.  Don't roll over as if this were the final word on the matter.  It's not.  This is an outrage, and the fans of this game need to respond.  Don't settle for digg.com - post this on BluesNews, Slashdot, Drudge... everywhere you can think of.  And hire a lawyer.  I'm prepared to write a check right now if someone tells me where to send it.

Vivendi's letter is not the last word on the subject.  Fan fiction and fan-made media have been allowed on the web for quite a long time now.  AGDI's KQI and KQII may be remakes, but what about Space Quest 0 and the others?  Don't limit yourself to Sierra stuff, either.  Star Trek: New Voyages (http://www.newvoyages.com/) is billing itself as "season 4" of the Original Series and even has Walter Koenig reprising his role as Chekov in an upcoming episode.  And Starship Exeter (http://exeterstudio.com/) uses characters from the Original Series and looks like it came right out of the TV show.

As far as copyright law is concerned, you do not violate Sierra copyright because you are not making money from your work and you are not preventing them from making money on their work.  If you were going to charge money for this they'd have a case, but you aren't, so they don't.  And you are not infringing on their trademark because you are making it quite clear that the project is not sponsored or endorsed by them.

The clincher here is the amount of work that's already been spent on it.  You've been at this project for years and years with not a peep out of Vivendi, and here they come along when you're only a month or two away from release!  Here's where the legal sense of "unconscionable" comes in.  I'm not a lawyer, but in my opinion you have a very strong case for getting this order dismissed via reliance-based estoppel:

It comes to this: when a man, by his words or conduct, has led another to believe in a particular state of affairs, he will not be allowed to go back on it when it would be unjust or inequitable for him to so." in Moorgate Mercantile v Twitchings [1976] 1 QB 225, CA at 241 per Lord Denning MR.

And again:

Where one person (‘the representor’) has made a representation of fact to another person (‘the representee’) in words or by acts or conduct, or (being under a duty to the representee to speak or act) by silence or inaction, with the intention (actual or presumptive) and with the result of inducing the representee on the faith of such representation to alter his position to his detriment, the representor, in any litigation which may afterwards take place between him and the representee, is estopped, as against the representee, from making, or attempting to establish by evidence, any averment substantially at variance with his former representation, if the representee at the proper time, and in proper manner, objects thereto.

Under the second definition, Vivdendi was under a duty to speak or act in the early stages of this project.  Their silence and inaction induced you guys to continue work on your project to your detriment, because you've poured hundreds and hundreds of man-hours into this.

Finally, not only was there absence of evidence that Vivendi would shut this down, but there was presence of evidence that Vivendi would not shut it down based on their behavior toward AGDI and other fan-made games.

Do not give up on this.  Too many battles are lost because an army was deceived into thinking it had no chance of victory, when in fact quite the opposite was true.