Legality of KQ9

[Moodyblues]

I had a few concerns about whether or not King's Quest IX violates copyright or not.  I checked the FAQ, but it didn't quite satisfy me.  Therefore, allow me to act like a lawyer-type :

[devilsadvocate]

"The only elements we are utilizing from the previous King's Quest games are the names of principal characters and the names of some in-game locations. All other elements of the game (plot, art, music, dialogue, etc.) are purely our own.  As we interpret Title 17 of the United States Code, this does not constitute an infringment of copyright, because the game indeed is our own, and the ratio of 'borrowed' material to original content is very small."

The referred part of Title 17 can be found here: http://www.copyright.gov/title17/92chap1.html#107

So far, the game isn't just "borrowing" names of characters and places; they're replicating how they look as well.  For example, no one familiar with King's Quest could mistake this character (on the left, of course)  (Clicky) for anyone other than King Graham.

"If, however, Sierra does request that we stop the project because of Copyright issues, we will continue the project under a different title (probably "Royal Quest IX") and with different but similar character and location names (for example we may use 'Princess Rose' instead of Princess Rosella or the "Land of the Emerald Islands" instead of the Land of the Green Isles). However, the underlying plot will remain the same, so that veteran King's Quest players will feel 'at home' despite the changes. "

Has Phoenix Online contacted Sierra?  If so, it seems that Sierra has not responded, which does not constitute permission to use its copyrighted material.
[/devilsadvocate]

Can anybody help me with this?  I want to help with the game - but with a clear conscience. 

Edited: Forum Stretching

[Yonkey]

So far, the game isn't just "borrowing" names of characters and places; they're replicating how they look as well.  For example, no one familiar with King's Quest could mistake this character (on the left, of course)  (Clicky) for anyone other than King Graham.

Fortunately, Vivendi only owns the trademark of "King's Quest" and not the physical look of Graham or any character for that matter.  And while Graham looks similar to previous Graham's in the series (based on his costume mainly), he is obviously not an exact duplication, since he was never 3D. 

Has Phoenix Online contacted Sierra?  If so, it seems that Sierra has not responded, which does not constitute permission to use its copyrighted material.

We haven't contacted them yet, and we do not have their permission either.  But this is clearly indicated in our disclaimer at the bottom of every page on our site as well:

All original content © 2005 Phoenix Online Studios. "KQIX: Every Cloak Has A Silver Lining" is a work of fan fiction. It is based on the popular King's Quest series, which is wholly Copyright of Sierra Entertainment, Inc. 1979-2005. It is being produced in accordance with the "Fair Use" provision of Section 107 of the United States Code, without the express permission of Sierra Entertainment, Inc. "King's Quest", "Quest for the Crown", "Romancing the Throne", "To Heir is Human", "The Perils of Rosella", "Absence Makes the Heart Go Yonder", "Heir Today, Gone Tomorrow", "The Princeless Bride", "Mask of Eternity", characters, and related material are registered trademarks of Sierra Entertainment, Inc. No profits were made in the production of this game. This site is neither sponsored nor endorsed by Sierra Entertainment, Inc.

EDIT: Forum stretching.

[Farquhar]

From what I always understood, KQIX would only be illegal if prophet was being made from it. Seeing as it is going to be free, I don't think Vivendi is really going to care.

[Cez]

Right, let's put it this way. We, and all fan-games made are not 100% "legal". In the same way, nor are fan-sites of any project, movie fan sites, etc, etc, etc. Given Sierra doesn't exist anymore, and Vivendi owns the copyrihgts and they are not doing anything about it, and because we are not making any profit out of the game, and we'll offer it for free, there's nothing we should really worry about.

You can really have a clear conscience. A lot of people will enjoy the game once out

[Yonkey]

The one thing I should mention is that AGDI were given expressed permission from Vivendi after having developed KQ1VGA and KQ2VGA without permission.  They were not sued, nor forced to recall all copies of their games (which wouldn't even be possible if they tried ), so I seriously don't think there is much need to worry when we are not making any profits from this game whatsoever.

[Cez]

I should also mention that you've been cast as one of the most intriguing characters in the game. A lot of people would die to have your role if they knew what it was all really about

[Moodyblues]

All right, it sounds legit to me.  *whew!*  And, after looking through other sites that address this issue, it seems that KQ9 fulfills at least two of the four criteria for fair use.

Thank you very much for settling everything, everybody.

I should also mention that you've been cast as one of the most intriguing characters in the game. A lot of people would die to have your role if they knew what it was all really about

  Seriously?  *breaks a jam (dances) excitedly*

[Rosedragon]

I seriously doubt that Vivendi will sue or do anything to stop thsi game, since it is sort of like free advertising for the King's Quest series. Someone playing this game who has no expereince with the KQ series might get interested and buy the KQ collection form Sierra. Or, someone who's played only a few KQ games might also buy the King's Quest series so they cna learn more about this awesome adventure game series.

[Petter Holmberg]

Did AGDI really receive official permission? I did not know that. Well, that's good news for us!

Another interesting sign that KQ is not totally forgotten by VU Games is the news that it looks like they are going to re-release the four main classic adventure game series next month, updated for Windows XP compability! If you don't believe me, look here:

Clicky

Amazon is the only indication that these collections will actually be released, so I still don't know if it's true. It sure would be a positive surprise! Maybe this is happening for the single reason that fan projects like the AGDI one and ours have gained attention. If these collections come out and are any good, I will probably buy them myself. Could it be that they are checking how much interest these games will gather?

Edited: Forum Stretching

[Yonkey]

Did AGDI really receive official permission? I did not know that. Well, that's good news for us!

Yup!  I believe they first mentioned it in an interview with Wired News:

[AGDI] ultimately established a licensing agreement with Vivendi Universal Games, the owner of Sierra On-Line's old titles.

The other noticable place is here: http://www.agdinteractive.com/legal.php

King's Quest, Quest for Glory and all related material are copyrighted by Sierra Entertainment, Inc. and are used with permission.

I'm not sure how true the KQ Compilation is, given that there is very little information about it, and it is no where to be found on Vivendi's site.  But since it's supposed to be XP compatible, it's possible that AGDI's games may be in there, possibly replacing KQ1.

[Warlock]

I'm not sure how true the KQ Compilation is, given that there is very little information about it, and it is no where to be found on Vivendi's site.  But since it's supposed to be XP compatible, it's possible that AGDI's games may be in there, possibly replacing KQ1.

That's outragous! 

Let's hope and pray it never happens

[TheReturnofDMD]

Did AGDI really receive official permission? I did not know that. Well, that's good news for us!

Yup!  I believe they first mentioned it in an interview with Wired News:

[AGDI] ultimately established a licensing agreement with Vivendi Universal Games, the owner of Sierra On-Line's old titles.

The other noticable place is here: http://www.agdinteractive.com/legal.php

King's Quest, Quest for Glory and all related material are copyrighted by Sierra Entertainment, Inc. and are used with permission.

I'm not sure how true the KQ Compilation is, given that there is very little information about it, and it is no where to be found on Vivendi's site.  But since it's supposed to be XP compatible, it's possible that AGDI's games may be in there, possibly replacing KQ1.

So could that mean it could be possible that KQ2+ might be an official KQ with this release?

[awesomeasapossum]

As far as I know the KQ Compilation is legit cause it's on 2 websites BESIDES Amazon. By the way have you checked out the thread "Check This Out!" ?


EDIT (By Yonkey): Added link to thread.

[Yonkey]

So could that mean it could be possible that KQ2+ might be an official KQ with this release?

I doubt it, since AGDI still maintains that their KQ games are remakes rather than replacements.  Not to mention the major plot changes with KQ2+.  If anything, KQ1VGA would be more likely since it's a 1:1 XP-compatible remake.