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Hosted Projects - Standalone => Diaspora => Topic started by: General Battuta on October 07, 2011, 10:44:23 am

Title: NBC Universal: ULTRA DIQUES
Post by: General Battuta on October 07, 2011, 10:44:23 am
Raise a glass to the BSG ModDB presence. (http://i.somethingawful.com/forumsystem/emoticons/emot-smith.gif)

Kara, you champing stallion of manhood, assure me this: it's just a ModDB takedown thing, right? Not a cease and desist?
Title: Re: NBC Universal: ULTRA DIQUES
Post by: newman on October 07, 2011, 10:52:24 am
I talked to Kara earlier today, and he didn't know what happened yet. Unless he found out something in the last few hours, we still don't know what happened, and to the best of my knowledge we haven't received any c&d's. Would be a bit strange if it happened now, as Universal has known about Diaspora for quite some time and some of us were even hired to work on the official game.
I can't even be sure this has anything to do with Universal, though it does seem like a probable scenario. What would they have to gain by pulling a bunch of non profit mods off a modding site well after the official game has been released is beyond me, though.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: FraktuRe on October 07, 2011, 11:03:35 am
oh noes, hope everything isn't all balls up.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: karajorma on October 07, 2011, 12:53:05 pm
AFAIK the ModDB simply decided to purge anything which hadn't been updated in 4-5 months. Until I receive confirmation that it was due to something else, that's why I'd imagine it's gone.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: General Battuta on October 07, 2011, 12:57:56 pm
welp

http://www.moddb.com/forum/thread/calling-out-to-all-battlestar-galactica-modders/#693027

Not exactly confirmation but indicative, I guess? Every single BSG mod gone but stuff like Black Mesa Source and TBP, which haven't updated in a while, still fine.  :blah:
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Mars on October 07, 2011, 09:03:57 pm
What does this mean for Diaspora?
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Black Wolf on October 07, 2011, 09:44:07 pm
Hopefully nothing. There are several reasons why this might have happened at ModDB without it neccesariy affecting here, such as ModDB being run by a for-profit enterprise, or an overreaction by ModDB to a C&D delivered to an unrelated Battlestar mod (who may have done something more specific to irritate NBC).

Of course, that might be the wrong direction entirely. NBC might be coming for you Diaspora guys. Better hurry up and release, get the genie out of the bottle before NBC put a permanent cork on it. :p
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Mongoose on October 07, 2011, 10:17:20 pm
One thing I've always wondered about projects that legitimately do get shut down because of legal bull**** is why it seems like no one ever goes ahead and finishes things up in private anyway, even if it's just to pass around to a few friends via closed downloads.  There's obviously no stopping that particular method, and at least all of that work doesn't go to waste.  Then maybe you wait several months to a year, maybe the mod "appears" on some file-sharing site, and voila.  No way to prove that the original team authorized the release or even created the content themselves, so the fans get what they want, and the lawyers don't have any recourse.

(Obviously, I sincerely hope that nothing like that will have to apply to Diaspora.)
Title: Re: NBC Universal: ULTRA DIQUES
Post by: LordPomposity on October 07, 2011, 11:17:27 pm
One thing I've always wondered about projects that legitimately do get shut down because of legal bull**** is why it seems like no one ever goes ahead and finishes things up in private anyway, even if it's just to pass around to a few friends via closed downloads.  There's obviously no stopping that particular method, and at least all of that work doesn't go to waste.  Then maybe you wait several months to a year, maybe the mod "appears" on some file-sharing site, and voila.  No way to prove that the original team authorized the release or even created the content themselves, so the fans get what they want, and the lawyers don't have any recourse.

(Obviously, I sincerely hope that nothing like that will have to apply to Diaspora.)
Or move the project to a Russian server. :p

But, hopefully this is just a hiccup.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: karajorma on October 08, 2011, 12:04:22 am
Hopefully nothing. There are several reasons why this might have happened at ModDB without it neccesariy affecting here, such as ModDB being run by a for-profit enterprise, or an overreaction by ModDB to a C&D delivered to an unrelated Battlestar mod (who may have done something more specific to irritate NBC).

Whatever the cause, I must say that I'm immensely disappointed by the way ModDB handled things. It would not have taken much effort for them to have sent an email to the project leads saying what had happened. Instead it seems I have to send them a letter asking them what happened and wait over 24 hours for a response.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: newman on October 08, 2011, 02:31:43 am
Apparently they did notify the Nexus guys it was due to an NBC copyright claim. Why didn't we get the same treatment, I fail to understand.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Mars on October 08, 2011, 12:04:30 pm
Perhaps one mod did something unfortunate (used a non-free asset) and got warned, ModDB flipped out and dumped bsg?
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Thaeris on October 08, 2011, 12:32:32 pm
If I might pose a... perhaps silly?.. hypothesis, might it be that the Nexus mod would not result in a stand-alone product, and that the source product (Nexus itself) would require the end user to purchase a licence for the game? Diaspora will not match that criteria, as the game will be completely stand-alone, and a price cannot legally be applied to the software regardless.

That said, if the BSG mods were being canned due to concerns of profit infringement for Bigpoint's MMO (which Diaspora might still be a case thereof), Diaspora at least does not divert actual monetary assets from that product. Well, besides the point of not bothering to play said MMO...
Title: Re: NBC Universal: ULTRA DIQUES
Post by: newman on October 08, 2011, 12:55:05 pm
That said, if the BSG mods were being canned due to concerns of profit infringement for Bigpoint's MMO (which Diaspora might still be a case thereof), Diaspora at least does not divert actual monetary assets from that product. Well, besides the point of not bothering to play said MMO...

If that was the motivation, it's pretty silly. BGO has been out for quite some time and has already lived through it's "new and exciting" phase. If they were concerned a bunch of non profit mods that aren't out yet would infringe on their profits, it would have made sense to act before BGO came out. Not go hiring artists from said mods and then have them removed from moddb months after BGO came out.
Anyway, if this stops just at moddb it's all good. And for now it seems to me that's indeed the case.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Mars on October 08, 2011, 01:20:17 pm
Has anyone contacted NBC already? (I assume so, just curious)
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Master_Drow on October 09, 2011, 05:33:18 am
Why draw the attention, don't poke the sleeping dragon. For you are crunchy and go good with ketchup.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: joncfc on October 09, 2011, 09:25:39 am
Why draw the attention, don't poke the sleeping dragon. For you are crunchy and go good with ketchup.

The legal bods at NBC will be aware of the mod.  It is what they are paid for.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: JGZinv on October 09, 2011, 03:21:26 pm
http://kotaku.com/5848073/takedown-notice-sends-battlestar-galactica-modders-fleeing-from-the-nbc-university-tyranny

Kotaku's gotten around to picking up the issue...

Title: Re: NBC Universal: ULTRA DIQUES
Post by: Aardwolf on October 09, 2011, 04:26:44 pm
The legal bods at NBC will be aware of the mod.  It is what they are paid for.

These are the same people who are getting paid to piss off their fans? Maybe it's time they stopped getting paid. NBCU should fire the dumbasses.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Halleck on October 09, 2011, 07:23:04 pm
Sorry to hear about this - I saw the article in the Escapist and decided I should check in. It's good to know that Diaspora has not received a cease and desist.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Darius on October 09, 2011, 07:24:45 pm
Quote from: http://www.moddb.com/forum/thread/calling-out-to-all-battlestar-galactica-modders/page/2#694217
Let it be known, that using an IP you do not own will eventually lead to your closure after significant growth.

Sounds like they're outright saying if your project is based on others' IP, it's gonna get shut down.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: karajorma on October 09, 2011, 07:47:56 pm
I've called that particular admin on his unprofessional attitude already.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Darius on October 09, 2011, 07:51:39 pm
Good to hear  :yes:
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Mongoose on October 09, 2011, 08:07:06 pm
That statement's full of ****, too, considering how many huge IPs turn a blind eye to, or even outright encourage, freely-released fan content.  Hell, both Star Wars and Star Trek have each generated full-fledged fan films/series, not to mention dozens of game mods.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: JGZinv on October 09, 2011, 08:18:23 pm
Frankly Kara... I expect the thread @ModDB to be locked soon with the excuse that they've said all they are going to say,
the rules are their rules, don't let the door smack you on the way out. By the guy's tone, they aren't going to budge.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: karajorma on October 09, 2011, 08:21:34 pm
I know, that's why I thought 'd go for the throat and point out that his attitude was suggesting that no mod based on those universes should use Desura.

Once it starts affecting THEM personally, they might start to care.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Rodo on October 09, 2011, 10:49:13 pm
So you haven't been contacted by NBC so far, right?
Title: Re: NBC Universal: ULTRA DIQUES
Post by: karajorma on October 10, 2011, 12:10:24 am
Nope.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Something on October 10, 2011, 09:00:32 am
Any chance you guy might avoid the purge? I mean, some of you helped make a game of theirs IIRC.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: karajorma on October 10, 2011, 09:35:35 am
Whose? The ModDB's? NBC Universal's? Neither option is likely to either be offered or accepted anyway.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: joncfc on October 10, 2011, 02:32:08 pm
Well this is all going tits up isn't it?!  :confused:

What is the contingency for when and if you get the c&d? 

Move to a Russian server and carry on as if nothings happened (is this feasible)?
Release the half finished mod on torrent?
Swap all the models out and call it something else?
Call it a day and go outside and play instead?

 :banghead:



Title: Re: NBC Universal: ULTRA DIQUES
Post by: newman on October 10, 2011, 03:12:14 pm
Hasn't come to that yet, and probably won't. So far it would seem to be limited to moddb, and if it remains that way the actual damage will be minimal.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Sushi on October 10, 2011, 03:21:46 pm
Right. With any luck, this is more about moddb trying to make money (and therefore getting a lot more scrutiny about what they're allowed to host) than about the mods themselves. Until someone knocks on our door, we're moving right ahead. It's certainly given us motivation to hurry up, though, before anything does get complicated. :)
Title: Re: NBC Universal: ULTRA DIQUES
Post by: karajorma on October 11, 2011, 06:26:03 am
Interesting, it appears that the ModDB DID reply, they just sent it to the obscure, rarely used webmail address I used to sign up rather than their own internal email for some bizarre reason

Quote
Hi Karajorma,

Sorry about the lack of a response, basically a law firm representing NBCU
contacted us regarding this mod:
http://www.moddb.com/mods/nexus-battlestar-galactica

We comply with all IP/takedown requests so as a result we removed the mod
profile and were advised to do so with all other BSG content. At this stage
there isn't anything more to it, and we are unable to do anything unless
NBCU allows fan-made content, or BSG content is removed from your game.

Regards,

Scott Reismanis
Founder, End Boss
DesuraNET Pty Ltd

(310) 933-5640
[email protected]
http://www.moddb.com
http://www.indiedb.com
http://www.desura.com
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Alan Bolte on October 12, 2011, 02:54:51 am
An odd thought - I wonder if this was precipitated by the video on Kotaku that used the very recognizable "Watchtower" music rather than something original.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: newman on October 12, 2011, 03:03:14 am
It's possible, but doesn't matter much either way now.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: JCDNWarrior on October 12, 2011, 04:16:39 am
Whenever a company does this, it shoots itself in the foot. Fan-made content is the best kind of compliment and support you can get, especially when you know it's 100% free. It brings in many more customers and thus much more revenue. Oh well.. Hope Diaspora won't have to shut down.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: newman on October 12, 2011, 04:56:34 am
The problem arises from the fact that the people in legal departments that deal with this sort of thing know jack about modding communities, and what they do. So if you have a misfortune of running into someone short sighted and ignorant enough who's out to impress the boss by stomping on "copyright infringement", then this sort of thing happens.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: karajorma on October 12, 2011, 06:51:40 am
I've said elsewhere that I think the best response to this would be to work out exactly how much it would cost to get adverts in places like The Escapist and Kotaku and then send a whole cost projection estimate to the PR/Advertising department at Universal with a cover note asking them why the legal department thought this was a good idea. :p

Fans arguing with legal will probably get ignored. Advertising Dept arguing with Legal Dept is a completely different matter.

Unfortunately we'd need someone who works in advertising to work this sort of thing out professionally, I doubt they'd pay any attention to the sort of thing an amateur could put together.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: arrtee on October 13, 2011, 12:04:37 pm
Kara, I am already working on that.. I have a friend who worked ads/PR with me for Alienware, and Dell (ienware). She has tons of knowledge in this field, especially in regards to IP's and the like. I will PM you with ANY information she can provide that may help. She is also a huge BTRL/Diaspora fan and is quite pissed about this..

That is, if you think it's necessary. Please let us know!
Title: Re: NBC Universal: ULTRA DIQUES
Post by: newman on October 13, 2011, 01:06:07 pm
It would help us a lot, artee, we'd be grateful for exactly that!
Title: Re: NBC Universal: ULTRA DIQUES
Post by: karajorma on October 13, 2011, 05:42:55 pm
Yep, that's exactly what I meant. If she needs any information about where BtRL/Diaspora has been featured tell her to not hesitate to contact us.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Goober5000 on October 13, 2011, 11:38:06 pm
Well, crap.

Is the text of the law firm's comminuqué available anywhere?  Part of me wonders whether this was caused by a hotshot lawyer trying to make a name for himself, and acting on his own initiative rather than any orders from above.  The timing doesn't seem related to any particular event that would have triggered sudden attention from NBC, and the phrase "we were advised to pull all other BSG content" strikes me as suspiciously open-ended.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: karajorma on October 13, 2011, 11:57:43 pm
Actually it happened less than a week after Kotaku featured the Nexus mod (the ones who the C&D was actually aimed at).

The request appears to have come from a law firm representing NBCU rather than NBCU itself so the hotshot theory is possible.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: newman on October 14, 2011, 01:24:56 am
Ace&Hall Legal Services Ltd.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: swashmebuckle on October 14, 2011, 02:38:43 am
Ace&Hall Legal Services Ltd.
More like Ass & Hole Unlimited
Title: Re: NBC Universal: ULTRA DIQUES
Post by: newman on October 14, 2011, 02:45:16 am
That's pretty much what I meant.. I have no idea what the company is really called :P
Title: Re: NBC Universal: ULTRA DIQUES
Post by: swashmebuckle on October 14, 2011, 03:15:10 am
In that case I will buy a vowel.  Probably should not be posting on this amount of sleep.

p.s.-- go diaspora!  You show those corporofascists how a real game is made
p.p.s.-- the secret is more dakka
Title: Re: NBC Universal: ULTRA DIQUES
Post by: SpardaSon21 on October 14, 2011, 11:55:53 am
More dakka?  Usually more dakka is the best thing ever, but right now Diaspora is threatening to break FreeSpace Open with all the dakka it adds.  The only solution is for Valathil and Swifty to modify FSO to accept more dakka.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Sushi on October 14, 2011, 12:09:54 pm
More dakka?  Usually more dakka is the best thing ever, but right now Diaspora is threatening to break FreeSpace Open with all the dakka it adds.  The only solution is for Valathil and Swifty to modify FSO to accept more dakka.

You don't know how unfortunately true this is. :( The number of weapon particles seriously strains the object limits.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Dragon on October 14, 2011, 01:11:24 pm
The one already bumped, or a different one?
Anyway, I'd welcome any increase in limits (since I'm a fan of more dakka too).
Title: Re: NBC Universal: ULTRA DIQUES
Post by: arrtee on October 15, 2011, 04:34:25 pm
Kara, newman, I want this mod to get off the ground as much as you do, therefore I'll do whatever the hell I can to help. Please send me a PM with YOUR description/intentions with the mod, and how this is NON-PROFIT/FREE and I'll go from there. I'll have information for you as she gives it to me.

Thanks guys! Trying to get you answers ASAP
Title: Re: NBC Universal: ULTRA DIQUES
Post by: Gisteron on October 16, 2011, 03:20:56 am
of this one (http://www.moddb.com/mods/galactica-20) i know, it is not quite active, but it exists and is quite advanced. somehow they overlooked it.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: starlord on October 16, 2011, 11:35:57 am
this borders on outrageous, if not downright ridiculous!

I'm sorry to say so (well actually, not that much), but diaspora and BTRL are amongst the best things that ever did happen to BSG fan communities, given the fact that current trends seem to overlook the potential an official BSG space sim would have (and not that isometric shooter crap).

now would be the time for some people to add two and two...

Anyhow, I think this fabulous community of which I am proud to now be a member deserves unlimited amounts of thanks (possibly veneration/adulation) for taking space sim in general (BSG included) to the always thought to be impossible to reach next level!
Title: Re: NBC Universal: ULTRA DIQUES
Post by: KewlToyZ on October 17, 2011, 12:17:11 am
Amazingly ridiculous SMH.....
I hope the attorney handling this crap ends up fired for bad PR lmao!!
NBC really isn't doing itself any favors the last 10 years treating communities and fans like this.
I do not see Diaspora having any issues from it.
Plenty of Torrent shares to keep the stuff alive anyhow.
I got space for it too =)
Keep up the great work gents!!
Title: Re: NBC Universal: ULTRA DIQUES
Post by: PhRey on October 23, 2011, 12:29:14 pm
Although this doesn't prevent anything, it complicates things in a certain way, and spoils a bit the party...
I do not want to sound pessimistic, but it will be very difficult to change their minds...
Title: Re: NBC Universal: ULTRA DIQUES
Post by: PhRey on October 27, 2011, 05:29:31 am
The more I think about it, the more I think it's really a strange attitude to ban a mod under the pretext that it can be a concurrency if any, for its own game This means that if someone does not like my game, I prefer him to go enrich concurrency (rather than allowing free play in a similar game) ?

It's a strange approach ... Unless it is a story of intellectual property, the strict (and stupid) enforcement of a right, without discernment... which could be more easily negotiable than a matter of concurrency...

It's irritating not to know which way came the shot, or who is holding the gun !
Title: Re: NBC Universal: ULTRA DIQUES
Post by: joncfc on November 05, 2011, 06:11:31 pm
Is there any chance of an update? have you had the c&d yet?
Title: Re: NBC Universal: ULTRA DIQUES
Post by: karajorma on November 05, 2011, 07:53:13 pm
If we get one, you'll know.

In the meanwhile I apologise if these events mean we go quieter than usual. It doesn't mean we're dead.
Title: Re: NBC Universal: ULTRA DIQUES
Post by: starlord on November 06, 2011, 02:53:32 am
yep! better safe than sorry!