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The Skulltag gamemode name

Posted: Thu Jun 14, 2012 8:48 am
by Replicant
I had an idea to prove Torr wrong by waiting until Carn trademarks "Skulltag" for use in his new game.
Torr Samaho wrote: I don't see any reason to rename the game mode and have no plans to do so.
You will:
Wrack Forums wrote: Announcing Multiplayer!

...[snip]...

Currently features three game modes, but more are on the way:
  • Race your buddies online in Robo Race, a Competitive Time Attack game
  • Join up and face off against multitudes of machines in Cooperative mode
  • Back by popular demand is my very own favorite team vs game: Skulltag
edit:
At least we know why he held onto the 'useless' domain name so fiercely. That's the first thing a trademark lawyer asks, "Do you have the domain?" Bobby Prince's lawyers are already trying to tighten things up legally, they already made Carn get documented proof of asset ownership from his ProjectVega contributors (ask 'em and see). IMHO, change the ST mode name now just to be safe. It's only a matter of time before the IP lawyers recommend a 'Cease and Desist' order. If you don't protect your mark you lose it. Their hands are tied even if Carn & his Booby don't care about us using the name; It's about covering their asses down the road and remaining valuable to future publishers.

Cross fingers & hope the zarkwads don't file a legit DMCA takedown. We could be picking a new domain name sooner than getting this one back up again. Oh well, the zarking name was dumb anyway.

edit: (the saga continues)
Will the Skulltag mode be using the same code as the Zandronum Skulltag? I don't know how this works, but can I use any Zandronum mods in Wrack now you have Skulltag mode?
No. The data formats aren't compatible. I can see how that might be confusing though. Hmm, we might have to do something about that...
Torr, you said yourself we don't own the Skulltag brand. Our 'confusing' use of the name is clearly brand pollution. When it comes to IP trademark law, You fail it!

edit:
ZAAARK! He just deleted the thread.
Where did the multiplayer announcement go? Will you be having multiplayer still? Did it get canceled?!
We will be announcing something a little later after some legal issues get squared away. :) Stay tuned.
Protip: Just in case, bookmark this link so you'll be able to reach Zandronum by IP address: 66.288.33.44
What the Zark?! Stupid shared hosting plans! Without the HTTP "HOST: zandronum.com" line it doesn't know what page to serve by just the IP address!

Welp, no one ever accused you of having amazing foresight, Torr. Weee! Let's trust Carn again! What can possibly go wrong?! Now the fate of the project is once again needlessly in jeopardy just because you "don't see any reason to rename the game mode and have no plans to do so."

You don't see ANY reason... Tell us. Is that because you dismissed the idea out of hand or because you gave it some serious thought before saying: Zark it, that wasn't my idea.

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 12:04 pm
by Disguise
This is not a relevant post to the Project Ideas thread.

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 1:52 pm
by Ænima
Does this mean that projects such as Super Skulltag and Tricky Skulltag need to be renamed too? Because that would really rustle my jimmies.

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 3:30 pm
by Marcaek
What is with the zark seriously

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 3:41 pm
by Hypnotoad
There is much butthurt in the OP, if there are issues Carn will contact Torr, in which case the game mode can be easily renamed.

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 4:46 pm
by XutaWoo
So, basically, we're not allowed to replicate (in a sense) game modes with the same name.

Even though that's what commercial FPSs have been doing for years.

Brilliant observation!

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 6:53 pm
by UnTrustable
SkullFrag..... instead of SkullTag.... the name is completely different, and even if the gamemode is the same or simular, no lawyer can do anything about this one.
A lawyer can only bluff at you.
Or take an other name...?
This SkullFrag name came suddenly to me while reading this thread about the Skulltag 'mark' as for a game mode.
SkullFrag is a simple namechange you can get away with safely as far as i see. SkullFrag is free too sofar as Google can see it.

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 7:04 pm
by Replicant
Hypnotoad wrote: There is much butthurt in the OP, if there are issues Carn will contact Torr, in which case the game mode can be easily renamed.
Wow, your totally right, there's nothing to worry about. Thanks for enlightening me.

It makes sense that if there were issue with Skulltag, Carn would have contacted Torr, in which case the forum would have been locked and left available so folks could get their content out, and phpBB databases and user community could be transferred smoothly. Carn would obviously link to the new website from the old one for a while if the name couldn't be used anymore.

I mean it's not like Carn would ever lock everyone out or delete the forum database or anything, right?
XutaWoo wrote: So, basically, we're not allowed to replicate (in a sense) game modes with the same name. Even though that's what commercial FPSs have been doing for years.
That's not how it works. You can replicate every bit of the game mode so long as you don't call it the unique name the other creator came up with or use their copyrighted code -- In this case, we're doing both.

You can make a Doom Clone so long as you don't call it "Doom", that name's trademarked. See? You're just none too knowledgeable about trademark law... and have thus conflated the issue needlessly. We could easily swap the name with KillTag or FragFest for Zark's sake and be fine. Capture the Flag, Last Man Standing, ect, are weak to the point of being non trademarkable because they are exactly what they say they are (eg: Gary's Mod doesn't have to worry about folks suing them for trademark infringement). The more unique a name is the more trademarkable it is. Arbitrary names like Skulltag, Zarkoid Rush, or Timed Yukevilm are easily protected by marks because you could easily name it something else, and they don't really have a predefined meaning except for what the creators assigned to them. Sure the word "Doom" isn't unique, but it was unique in the field of video games, and that's what matters to the PTO.

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 7:22 pm
by UnTrustable
SkullTagger?? Its still is a different name, although any lawyer might believe otherwise, still, its your word against his/her's.
It IS different.
Anyways Skull-Tag'm...? its sounds more and more rediculous. :wink: :rolleyes: i think....

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 7:27 pm
by Bloax
Guys, are you honestly suggesting Carn's gonna go in and go all Cease & Desist?

Doing stupid stuff, maybe. But honestly, I doubt he's such a dickwad that he'd go ahead and "Wrack" this.

Or well, what should I know. I'm just a silly bystander.

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 7:30 pm
by Dusk
Well we can just as simply just go and change the name of the Skulltag gamemode to something else if we can't have the name.

Also cut it with the immaturity, it doesn't make you look any better.
UnTrustable wrote: SkullTagger?? Its still is a different name, although any lawyer might believe otherwise, still, its your word against his/her's.
It IS different.
Anyways Skull-Tag'm...? its sounds more and more rediculous. :wink: :rolleyes: i think....
What the hell is this supposed to even mean?

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 7:40 pm
by UnTrustable
So am i, and i also don't believe Carn would go do this.
But Replicant does made a good point.
If, and we only say that IF carn want to 'wrack' Zandronum this way, then he can.
Skulltag is actually the brand name for the port, im not sure if this also counts for a gamemode name, so, to be on the safe side, a simple
name change will be sufficient, and there is no code change needed.
I don't know Carn, but what i have observed on several forums where he was on, i dont think he will take any lawsuit actions about the brand name Skulltag for a gamemode.
And if he does he will contact Torr respectfull....
Then he is given some time to take some actions about it.
If you don't act properly, then someone responcible gets in front of the court as far as i know.
And if carn would do so, then his former community will see his real him too some day.
I can't believe he will do such a thing. Impossible.

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 8:00 pm
by Synert
There's no need to rename the gamemode, because it's just that: the gamemode.

The port itself has already been renamed to Zandronum, but the gamemode doesn't need to be changed- it's not going against any kind of copyright or anything because it's the name of the gamemode.

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 8:36 pm
by Qent
See the first post. What if Carn trademarks "Skulltag" and sics his lawyers on us?

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 8:37 pm
by Marcaek
I don't think Carn would risk alienating his potential userbase with legal shenanigans, even if he were advised to do so.

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 8:39 pm
by Qent
He would indeed. See: the past few weeks.

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 8:40 pm
by Marcaek
That would be suicidal. The negative backlash would be considerable.

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 8:57 pm
by Qent
Indeed. But regardless, we know from experience that he will act against his own best interests, and we just have to deal with it.

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 9:04 pm
by Synert
Qent wrote: See the first post. What if Carn trademarks "Skulltag" and sics his lawyers on us?

Code: Select all

21:59:44  <Synert>	it isn't trademarked
22:01:28  <Synert>	and hey if he does just randomly trademark it for some reason
22:01:34  <Synert>	then yeah it can be changed easily
Just gotta see what happens, I guess.

RE: The Skulltag gamemode name

Posted: Thu Jun 14, 2012 9:14 pm
by Dynamo
Well I don't understand what the problem is. If he copyrights and forces us to change the name we will do so. If he won't, then we won't. What else is there to discuss?