What I would do...

[MangoMercury]

Very true, Racxy.  He just likes to be the forum pessimist.

[racx_00]

Yeah, I like to think he has standards. I personally love that guy...

[Erpy]

How could Beernutts leak something if he wasn't part of the team? He wouldn't join a team he didn't think would succeed, would he?

If it was really a contract issue.... why would Activision file a C&D?  Thats what I don't get.  I am familiar with the Vivendi license that was granted and it could be revoked at any time.

That being the case, why not simply revoke the license?  

That's what doesn't add up here and Erpy is simply assuming it's a contract issue.  If it was a contract issue, there would be no need for a C&D.

I was indeed assuming it was a contract issue, but you're right, it doesn't add up. But what exactly are you suggesting? If C&D's are only used to adress unauthorized IP use, that meant there was either no license to begin with or a license that expired at some point. In that case, you're right, you can restart the fair use debate again.

But even so, good luck finding a judge who interprets "fair use" as "take whatever you want", rather than "take whatever you absolutely need". Especially since the team already acknowledged VU's right to shut down fangames by complying with their C&D to begin with. (it's kinda contradictory to respectfully comply with their wishes and shut down and then turn around and claim the law was never on their side to begin with) But we've already been there before.

[Delling]

But even so, good luck finding a judge who interprets "fair use" as "take whatever you want", rather than "take whatever you absolutely need".

Hrmm... not to throw my hat too far into this conversation, but the term "absolutely need" might be arguable in this case as need could be determined by the intent of the project. As the original script IIRC from what has been said, eventually had one leaving the lands of canon KQ, it might be arguable that the inclusion of the KQ lands was a necessity to complete the stated purpose of tying up loose ends, etc.

[Erpy]

Hrmm... not to throw my hat too far into this conversation, but the term "absolutely need" might be arguable in this case as need could be determined by the intent of the project. As the original script IIRC from what has been said, eventually had one leaving the lands of canon KQ, it might be arguable that the inclusion of the KQ lands was a necessity to complete the stated purpose of tying up loose ends, etc.

If the intent of the project was to create a fantasy adventure in the general spirit of the KQ series, then by taking characters/locations from the KQ series you are taking "more than is needed", since you don't need those elements to create an fantasy adventure that is merely inspired by the KQ games. (such as A Tale of Two Kingdoms, which started its life as KQ2.5)

If the intent of the project is to create a game that fits into and adds specifically to the existing KQ canon (which is what "tying up loose ends" does), then you're already admitting to doing something that according to copyright law only the IP holder is allowed to do...modify or finish up a series' canon.