I probably shouldn't be writing this, as it may not be good for my friend and coworker Anthony Burch, but he's on his way to GDC and I can't get a hold of him. There is the chance that posting this will somehow negatively effect his ongoing lawsuit against Gaijin Games, the creators of Bit.Trip RUNNER, but I can't risk not getting this info to him ASAP. If someone reading this can tell him to read the site as soon as possible, thank you in advance. That would be a huge relief.
Anthony, it looks like you may not have acquired the copyright to the name and concept to Runner (the game we worked on together), so now you may actually be found at fault be at fault for using the name and concept, at least legally.
I'm torn about this. On one end, I still consider the guys at Gaijin Games to be some of my favorite game developers, and I don't want to ruin my working relationship with them. On the other hand, you're my friend and collaborator, and I don't want you to get screwed either. Also, if you get sued, are you going to make me pay your fines with you? I know I did a lot of the graphics for Runner, but I'm not sure that it's fair that I be involved with this legal stuff.
Anyway, past the jump is the email I got from Alex Neuse, CEO of Gaijin Games, forwarded from his lawyer. Anthony, please read this as soon as you can, and if it's not too late to get Runner copy-written, do so immediately. I don't like being caught in the crossfire like this.
To whom it may concern,
As General Counsel to Gaijin Games, Inc. I oversee all legal matters of the corporation, to include response to litigation and the threat of litigation.
I have reviewed the claim put forth by Destructoid that they somehow have exclusive rights to the word "runner".
I have researched all pertinent data banks with regard to copyright protection and found no evidence of that word being protected by any party.
Imagine if you would, a world wherein any person can claim any word as "his".
Their claim to the word "runner" has no more merit than an individual claiming all rights to the word "crap". For instance, a husband leaving his house to take his dog for a walk would no longer be able to say to his spouse "Honey, I'm taking Fido out for a walk so that he can take a crap". That poor slob would instead have to substitute something like "Honey, I'm taking Fido out so that he can lay some pipe. I would have used the word 'crap' but some bastard has that all locked up".
If Destructoid goes forth with their meritless claim, be assured that we will respond with a counter-suit that will tie them up tighter than a gnat's scrotum. We will include a count for frivolous litigation and will extract from them all of my legal fees incurred defending their defenseless claim. Come to think of it, I could use a replacement sail for my yacht.
Regards, Atty. Lawrence A. Osborn, J.D.
Contest:
6:20 PM on 03.08.2010
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And lol @ Osborn's concluding line
Please tell me shit's not really going down. Cuz I'm really out of it, and so help me god, if this isn't a joke on behalf of the guys at Gaijin, I will have to find somebody to murder.
Clearly fake.
1) An obvious satirical joke, given that Dtoid has pimped Gajin more than ANY other site on the web, and the author knows Anthony personally.
2) A tongue and cheek serious response to Anthony's faux claim (but a claim nonetheless).
Anything's possible!
Make it happen! Wahahahah
Legal Proceedings!
Round One!
Fight!
Ever heard of Jack Thompson? :D
HarrasmentPanda! Use "Legal Consul"!
Second, you obtain copyright in your work the moment it is created, whether you register it or not.
Third, you can't just copyright a word--this would more likely be a trademark issue.
Fourth, I enjoyed the last Bit Transmission.
That's actually kind of brilliant! Hey Dtoid people, you've already been doing maintenance to the website lately, right? The site should be temporarily renamed "Dtoid RUNNER" in protest!
It is my professional opinion that we settle these and future legal matters through taco eating contests, followed by arm wrestling. Actually, both at the same time. While para-sailing.
1) To assert copyright infringement one must have a valid copyright; while all materials are given copyright protection from the point of expression (where they go past an idea and into a more fixed realm), one must have registered a copyright in order to bring a suit forward in Federal court.
Basically here's your primary formula:
1) Proof of Valid Copyright
2) Proof of Unauthorized Access of 106 Rights (the basic rights of a copyright holder) via...
2a) Copying in Fact (via direct evidence or circumstantial) OR
2b) Improper Appropriation (via substantial similarity)
There's a whole bunch of nuances and factors that'll have to be addressed like access, the "overall impression" to the ordinary individual, etc. Claiming copyright on the name "Runner" though seems like borderline malpractice. That being said, Mr. Osborn there didn't exactly write a response letter correctly, and it would make for some humorous court documents.
I'm not an attorney, and the ABA requires me to say this. Do not interpret any of this as professional legal advice or establishing any professional relationship. Sorry if this is long, copyrights excite me.
I liked it.
Take a look at your testimony if you please:
"...it looks like you may not have acquired the copyright to the name and concept to Runner..."
Anything created by someone (at least in the US) is automatically under copyright protection.
Straight from copyright.gov (that's right, I got a source bitches):
"When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device."
But I still lol'd
Good to see Gaijin has a sense of humor.
I'm not sure how someone claiming to be a lawyer (Osborn) would fail to know or address that.
I AM a lawyer, but you're not paying me. Do not interpret any of this as professional legal advice or establishing any professional relationship unless you pay me. Then it's okay. If you don't pay me, my remarks should be construed as points for discussion with future legal counsel.
In other news, I lol'd.
What about "Edge"? xD
It's hard to tell either way since some lawyers can talk like that. And by googling the lawyers name (middle initial included), I did get a hit showing that this is possibly real. So I honestly have no idea.