KQIX Project shuts down

[Warlock]

I just thought of something! Why don't you ask Ken and Roberta Williams to support you? Failing that, you could just change all the character and place names. Have you considered releasing the game over a file-sharing service without telling Vivendi?

(Yes, I'm being sarcastic)

*silly slaps* 

[awesomeasapossum]

I just thought of something! Why don't you ask Ken and Roberta Williams to support you? Failing that, you could just change all the character and place names. Have you considered releasing the game over a file-sharing service without telling Vivendi?

(Yes, I'm being sarcastic)

If you've watched my video (click on KQIX FOREVER! in my sig) You'll see a quote from Roberta AND a quote from Ken.

[Sinue]

[sarcasm]Here's an idea to get some national coverage on the King's Quest IX project... someone Email Jack Thompson and claim the "violence and smut mongers" at Vivendi are trying to kill a peaceful and good-moraled game series, going so far as to "pick on the little guys" who are just trying to make a fan-game since they won't. Legality in the matter apperantly doesn't figure in, so long as he can make a headline out of it.

Oh wait... that's the reason why he's about <-> that close to being disbared isn't it?[/sarcasm]

[dark-daventry]

I was thinking... What do you all think if I could attempt to get a news station to report on your situation and direct people to the website and the Save KQIX site and stuff. The thought just suddenly burst into my mind... I wanted to get your opinion though first. I was thinking it could increase notice of the game and the cause and possibly potential KQ fans that stopped KQ ages ago with no idea of KQIX... Just a thought though... Tell me what you think... (there has to be a way to contact News Center 5 about something like this...)

[Deloria]

Well look at that, I think I've been (finally) banend from the VU forums. 

[TheReturnofDMD]

Hi

I haven't posted here in a while. This whole situation has been very upsetting to me, and I know it has been for everyone else too )= I've been a big fan *cough obsessed cough* of King's Quest for 10 years now, been playing the games since I was 5. I'm now 15, and there are really no games out there that are quite as enjoyable to me as KQ is. With POS' KQIX in the works, it seemed (especially this year) the Sierra fan community, and the gaming community itself was really anticipating KQIX. I know I was.
There was so much happiness within the fan network of KQ that most likely hadn't been seen in years. It seemed King's Quest, and adventure gaming itself was beginning a big revival. The KQ Omnipedia, the number of fan games in the work, the upcoming KQ Compilation. King's Quest was beginning to regain it's old popularity. That's also confirmed by the previous KQ Compilation sale rankings on such a large vendor as Amazon.com. Even the major game press was beginning to take notice of this new KQIX. Then, bad things began to happen. First Sierraplanet.com was closed, then came  SpaceQuest.net site tragedy, then POS received that horrible C+D letter.
When I heard of it, I was crushed. Then the KQ Compilation was pushed back to January. It seemed, to me, the world of KQ, after coming back from the dead, was being killed all over again. The King's Quest Omnipedia, no one really updates it these days.
I'm sorry for ranting, but....
Anyway, this last month and 1/2 has been upsetting, and I truly hope that the team can come to some arrangement with Vivendi, and hopefully soon. You guys, the work you lived and breathed on KQIX for the last four years, the awesome job you did, it will not go to waste. I've written two letters to VU myself, and hopefully the letters and support of everyone else here will be heard!

[snabbott]

Its just after the insult of Vivendi shutting the project down... Well, I'd find it more than a bit insulting if Vivendi tried to steal the work of a fanbase project and sell it for their own gain... It would come across as the greedy little Frenchman in the Tower in a Monty Python movie... the one with the o'rrible accent .. you know.
<<Monty Python's Holy Grail for those who don't>>

Perhaps if we built a large wooden badger...

Seriously, though, I've been a big fan of the project since I first heard about it a few years ago.  I was really disappointed when it was shut down, and I hope the team can work something out with VU to allow it to be released.  Oh, and I don't think anyone has suggested changing the names of the characters or releasing the game over a P2P network in the last 5 minutes...

[Raistlin75]

I've never posted to this board, but I've been following the progress of the game for a long time now. I grew up on the King's Quest series. My friend would tease me because I would upgrade my computer everytime a new King's Quest game came out. That's how I knew it was time to start saving up my money.

I don't see why a letter from a lawyer would bring this noble venture to its knees.  There is a fine fine line between copyright infringement and a "homage". Maybe the lawyers have a point where you can't offcially call your game "King's Quest IX". Just make a couple of name changes and you'll be fine. Does anyone here actually think they would try to sue over a FREELY DISTRIBUTED game that alludes to a long dead franchise of games? People don't sue where there's no money to be had. These are good people who are carrying on what they fondly remember as the "Golden Years" of adventure gaming.

This point was brought up, but I don't believe that it was properly addressed. I don't believe that there is any legal grounds for stopping this game. This is really bothering me. Isn't there an experienced lawyer, paralegal or friend/brother/sister/cousin of one out there who can give some advice to the saints that are trying to make Daventry come alive again?

We cannot let this project die on a couple of legal technicalities. Don't let a heap of crap like "Mask of Eternity" be the end of the greatest adventure series of all time.  IS THERE NOTHING WE CAN DO?

Jonathan

[darthkiwi]

I don't see why a letter from a lawyer would bring this noble venture to its knees.  There is a fine fine line between copyright infringement and a "homage". Maybe the lawyers have a point where you can't offcially call your game "King's Quest IX". Just make a couple of name changes and you'll be fine. Does anyone here actually think they would try to sue over a FREELY DISTRIBUTED game that alludes to a long dead franchise of games? People don't sue where there's no money to be had. These are good people who are carrying on what they fondly remember as the "Golden Years" of adventure gaming.

This point was brought up, but I don't believe that it was properly addressed. I don't believe that there is any legal grounds for stopping this game. This is really bothering me. Isn't there an experienced lawyer, paralegal or friend/brother/sister/cousin of one out there who can give some advice to the saints that are trying to make Daventry come alive again?

You're right, the point has been brought up. As the POS team seems to be working something out with VU, I think we should just let them get on with it and hope they can reach a satisfactory agreement. If they suddenly start working on the game again without VU's approval, then the chances of it being released are going to be diminished.
You do have a point, though, when you say a sueing won't happen because there's no money to be made. After all, that's what sueing is: Squeezing money out of people. I just don't think we should go down that road yet, not unless VU turn down any reasonable offers the team makes. 

[GunHoMac]

Well to put it simply...yes...there is nothing we can do.  These minor legal technicalities are still, by their very nature, legal barriers.  There is no degree to which an act is illegal...either it is or it isn't.  VU holds the rights to KQ; therefore, any production, free or not, is under the discretionary discipline of VU.

Also, to assume VU wouldn't sue because the game had a freely-distributed aspect is a fallacy and an endeavor in wishful thinking.  The PO Studios team consists of several members, and those members receive incomes of some sort.  VU can't sue for effect on its own profit margin; they will merely sue to a point that it both harms and deters future and present developers from taking similar action.  The point of a large company suing individuals is not for the company's monetary gain, but for making the offenders feel the sting of the lawsuit.  It's a recurrence deterrent. 

The ideas of KQ: the lands, the colors, the characters, the names, the orientations, and the essences are all under the copyright.  Changing the names doesn't change the lawsuit game.

[Flubly]

The only thing left is public response.  As Gunhomac said, legally there is no case and no slight tweaking to the content that can be made.  All that needs to happen is that VU will view the release of the game to be beneficial to the company as opposed to possibly negative.  I encourage you to submit ideas of public awareness at this thread at savekqix.org:

Clicky

EDIT: Forum Stretching

[TheDave]

I agree that public response is all that's left to do.  Although, if POS (or whatever organization owns KQIX) is organized correctly, VU could end up suing without any potential of monetary gain.

Let me explain: If KQIX is owned by a non-profit organization / corporation, then VU's lawsuit would have to be against that corporation, which is legally the "individual" that owns KQIX.  Let's pretend that the coporation that owns KQIX is called "KQIXCorp".  Now, if VU wanted to sue KQIXCorp for copyright infringement over KQIX, then, upon winning the lawsuit, VU would be entitled to some portion (perhaps all) of KQIXCorp's assets.  Note, however, that although KQIXCorp may be owned by any number of other individuals or entities (the POS team, etc), the owner's assets should remain untouchable--that's one of the purposes of a corporation, by acting as a legal entity it protects other individuals (owners, employees, etc.) from being liable for things the corporation does.

So, if KQIXCorp has NO monetary assets, then VU very well couldn't collect any money from winning a lawsuit, even if every one of KQIXCorp's employees/owners were a multi-billionaire.  However, one important thing to remember, is that KQIXCorp had better have been organized perfectly (with respect to the law), or its owners and/or employees could be held liable.

Finally, although KQIXCorp may not have any monetary assets, is definitely has to have some assets; most importantly KQIX itself.  So, even though VU wouldn't get any money out of a lawsuit with KQIXCorp, it would most likely attain rights to KQIX itself, which I'm sure we'd all like to avoid.

At any rate, this example shows that tempting VU to file suit is a bad idea, even if no money is involved.  First of all, if whoever owns KQIXis not a legally well-planned organization, then encouraging a lawsuit is just plain dumb, because the team members could get hurt.  Secondly, even if VU weren't to get any money out of it, they'd certainly get KQIX source code, designs, drawings, etc.  So, essentially, proceeding with the project wihtout VU's permission would only be recommended if VU's gain (KQIX resources) were less than the cost of filing suit.  I just don't think KQIX is worth betting on that chance.

[Flubly]

by the way, since when did this thread get closed to guests.  I might of missed an announcment.

[Yonkey]

by the way, since when did this thread get closed to guests.  I might of missed an announcment.

Sorry about that, I was changing some forum settings earlier and it might have removed the access.  It should now be working again.

[hollywood]

Just change the name and the charachters.   We all know what it's about.

[GunHoMac]

Oh, is that all?  Ok...done.

[Sinue]

These minor legal technicalities are still, by their very nature, legal barriers.  There is no degree to which an act is illegal...either it is or it isn't.

Well... not quite. In an ideal world, perhaps - but we live in a world where money rules the law. That the's whole point of lawyers - to bend and strech the law as if it were a tangable and malable substance. When laws can't be bent, they are bypassed by loopholes and technicalities. Weither your a prosecuter or defence lawyer - your job is to bend the law in a fashion which your client finds satisfactory.

However, to find a good enough lawyer to tackle the legal team at Vivendi Universal and sway the judge to rule in POS's favor would require a lot of effort and a LOT of money. Not to mention that with things currently as they are - it's better to just let them hammer out their deal as best they can without spiting VU and damaging negotiations by even hinting at legal action. Then you could be sure 100% that KQIX would never be released if the court were to rule in VU's favor.. and admitantly - the odds are weighed HEAVILY in VU's favor.

[Stan]

According to Amazon.com --- The King's Quest, Space Quest, Leisure Suit Larry and Police Quest are going to be released January 30, 2006 by VU.  This makes me wonder if VU will end up making a KQ 9 after all?

[GunHoMac]

When laws can't be bent, they are bypassed by loopholes and technicalities. Weither your a prosecuter or defence lawyer - your job is to bend the law in a fashion which your client finds satisfactory.

This is true in matters dealing with people, but the subject here is property.  There is no grey area with the ownership of rights.  Plus the fact that the game itself is labeled as a King's Quest fan-based game.  The only area a lawyer would be effective here is in mitigating or avoiding monetary penalties.  However, getting PO Studios the right to develop and publish the game doesn't have any loopholes since they don't own any explicit rights to the domain.  The only areas open would be if they were given permission, if it was a parody, if they owned the rights, or if it was owned and used solely for educational purposes.  Not one of these things has occurred, and PO never made a claim to any of these situations.

[snabbott]

I dreamed VU released KQIX - it was horrible!  They turned it into an arcade game!  From what I have heard about Leisure Suit Larry: MCL, I'm a bit afraid of what a KQIX from VU would look like.