At this point, we don't know why two of the fan-inspired productions got the finger wagging (only one winding up in court) and others did not. Only the lawyers really know for sure. The above opinions and speculation are just that.
As it stands, CBS is getting it's way. The lawsuit against Axanar won't actually unfold until right about the time that the new, all-access series is set to debut. Well after Star Trek Beyond had hit and departed the theaters. And well after the 50th anniversary has been milked for marketing profit by the IP holder. All of which pushes a completed Axanar project completely away from that same 50th anniversary celebration. Which, IMO, is a shame.
To redirect toward the topic of The Foundry, have any authors created missions inspired by such things as Prelude to Axanar? I might be interested in playing through them. Or, once assets from AoY become available, will any author consider doing so?
(/\) Exploring Star Trek Online Since July 2008 (/\)
i didnt hear anywhere that axenar is making "profit" you have to pay people wages and they will not be able to "sell" the film for profit they will have to make it available as public domain. That was my understanding of "non profit" if i want to pay someone to make somthing as long as I dont make money from that then its non profit. but i suppose US law is different to UK.
The funds were going towards building Ares Studios. Money made from CBS' ST IP was being used to build a studio to produce film to generate profit for Peters.
And that alone still does not mean anything, especially since the second part is pretty much speculation - would it be used for for profit, or just for making further non-profit projects? Just because you're non-profit doesn't mean you cannot plan ahead or invest into the future.
It's clear that he has gone too far for CBS, but the point of contention are only the copyright/trademark issues, not whether it was non-profit or not.
Star Trek Online Advancement: You start with lowbie gear, you end with Lobi gear.
Because the foundry missons are using, Sceneries, Fictional Characters and sometimes even situation's, from the Star Trek Franchise. Which is the, only halfway's, founded base of CBS'S lawsuit.
No word about "fair use" from them.
THE FOUNDRY TERMS OF USE
The Program ("Star Trek Online") contains certain design, programming and processing utilities, tools, assets and other resources ("The Foundry") for use with the Program that allow you to create customized new game levels and other related game materials for personal use in connection with the Program ("New Game Materials"). The use of the Foundry is subject to the following additional license restrictions:
New Game Materials may be created only if such New Game Materials can be used exclusively in combination with the online version of the Program. New Game Materials may not be designed to be used as a stand-alone product.
New Game Materials you create using the Foundry are subject to the following rules and restrictions:
Star Trek Properties are defined as including:
Star Trek - The Original Series
Star Trek - The Next Generation
Star Trek - Deep Space Nine
Star Trek - Voyager
Star Trek - Enterprise
Star Trek - The Motion Picture
Star Trek II - The Wrath of Kahn
Star Trek III - The Search for Spock
Star Trek IV - The Voyage Home
Star Trek V - The Final Frontier
Star Trek VI - The Undiscovered Country
Star Trek - Generations
Star Trek - First Contact
Star Trek - Insurrection
Star Trek - Nemesis
New Game Materials may utilize the Star Trek Properties as provided by CBS and Cryptic Studios unless otherwise specified in the Prohibited Section below. You may use the names of characters (past or present) from the Star Trek Properties.
Prohibited Uses of the Star Trek Properties:
You may not use the first or last names, likenesses, or other depictions of any actors appearing in, or writers, directors, or producers of the Star Trek Properties.
You may not use copyrighted content from the Properties, including but not limited to web content, promotional materials (posters, advertisements) or existing licensed merchandise (novels, trading cards, figurines).
Other Prohibited uses of New Game Materials published using The Foundry:
You may not use New Game Materials to endorse or appose any political party, association (e.g., republican, democrat, candidates, or otherwise) or any side of any issue.
You may not use New Game Materials to depict a likeness of any real person (historical or present day).
You may not use New Game Materials to advertise any businesses, products or services of any party.
You may not publish web URLs in your content.
You may not use New Game Materials to convey any profanity, vulgar, hate language explicit sexual language, derogatory references to race, gender, religion, age, mental or physical impairment, obesity or sexual orientation, or reference any drugs (legal or illicit) or medication.
You many not make use of any copyrighted or trademarked material of third parties, and only may use the Star Trek Properties as explicitly defined in this agreement, without irrevocable licenses granted specifically for that purpose
You may not use New Game Materials to infringe on the rights of privacy and publicity of third parties.
Cryptic Studios and CBS reserve the right to remove any New Game Materials for any reason at any time, without providing cause or recompense.
You agree that, all New Game Materials produced using the Foundry becomes the property of Cryptic Studios, to use as they see fit.
As a condition to your using the Foundry, you will not use or allow third parties to use the Foundry or New Game Materials created by you for any commercial purposes, including but not limited to selling, renting, leasing, licensing, distributing, or otherwise transferring the ownership of such New Game Materials, whether on a standalone basis or packaged in combination with the New Game Materials created by others, through any and all distribution channels, including, without limitation, retail sales and on-line electronic distribution. You agree not to solicit, initiate or encourage any proposal or offer from any person or entity to create any New Game Materials for comercial distribution. You agree to promptly inform Cryptic Studios in writing of any instances of your receipt of any such proposal or offer. If you decide to make available the use of the New Game Materials created by you to other gamers, you agree to do so solely without charge.
Bipedal mammal and senior Foundry author.
Notable missions: Apex [AEI], Gemini [SSF], Trident [AEI], Evolution's Smile [SSF], Transcendence
Looking for something new to play? I've started building Foundry missions again in visual novel form!
What scares me is folks that post stuff like this, and don't even realize they haven't got a clue about what's really going on.
smh
STO Member since February 2009. I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born! Forever a STO Veteran-Minion
The box office results show that to be a ridiculous statement.
True. "We" can be glad if the 2017 show is actually not set in the AU as it would make perfect sense to make it the only installment of Star Trek from a business standpoint.
^ Memory Alpha.org is not canon. It's a open wiki with arbitrary rules. Only what can be cited from an episode is. ^
"No. Men do not roar. Women roar. Then they hurl heavy objects... and claw at you." -Worf, son of Mogh
"A filthy, mangy beast, but in its bony breast beat the heart of a warrior" - "faithful" (...) "but ever-ready to follow the call of the wild." - Martok, about a Targ
"That pig smelled horrid. A sweet-sour, extremely pungent odor. I showered and showered, and it took me a week to get rid of it!" - Robert Justman, appreciating Emmy-Lou
We all know that Axanar is the only Fan film project, that indeed is a piece of quality work, that actualy comes realy close to what Star Trek was and could be again (After they finaly end the terrible way, they are treating JJ Verse)
We also know that from the producer team to the actors, many people are involved that once where part of the Star rek producing teams.
For my "special friend" Azrael. http://www.axanarproductions.com/category/cast/ That paramount and CBS are sueing them now, (with no good case at all, to back that up.) Is showing us that they fear that project for some reason.
Other Big companys are actualy treating Fanfilm projects as something so important, they giving out awards for that. ( Star Wars Lukasarts for example).
If that goes on...
If they should win this, realy dirty lawsuit case...
What would that mean for, ST Continues, New Voyages, Renegades and ultimately STO?
Since CBS has the rigts for televison, but still acts as if some Fan project would take anything away from them. Is it possible, that they might even actualy start to make life didficult for our nice little game?
Because the foundry missons are using, Sceneries, Fictional Characters and sometimes even situation's, from the Star Trek Franchise. Which is the, only halfway's, founded base of CBS'S lawsuit.
No word about "fair use" from them.
I dont know.
Protip: Before you talk about the law, do a little actual research first instead of just reading the first two lines of a Wikipedia article.
Fair use doesn't enter into this. The reason why we in the Foundry are absolutely not under threat is because we have permission in writing from CBS to manufacture content for this game, within particular parameters. That permission takes the form of an End User License Agreement specifying what we can and cannot do with CBS material (for example, we can talk about canon characters but we can't really use any of them because their likenesses belong to the actors, not CBS). STO itself also holds official permission from CBS to exist.
As for Alec Peters, he is an embezzling fraud with delusions of grandeur and he is going to be rightly crucified in court, and I'm going to be sitting by my computer with popcorn in hand waiting to hear the verdict.
"Great War! / And I cannot take more! / Great tour! / I keep on marching on / I play the great score / There will be no encore / Great War! / The War to End All Wars"
— Sabaton, "Great War"
STO won't feel a thing as the game is licensed. Modders for other games might feel edgy, but should be alright as like 99.9% of mods out there are non profit and just for fun.
I'm not worried, but I've never tried to make any money off any of my work.
I think people get confused because YouTube and it's inability to grasp "fair use" has been talked about a lot recently.
"Fair Use" is more meant for news and review. Probibly the best way to explain it is "Siskel & Ebert" and later "Ebert and Roeper". the show could use copyrighted materal, for profit making purposes, without having to pay the studios for using the clips of the films they reviewed.
"Anaxr" does not comment on Star Trek, it's not a parody of Star Trek (it would get off easier if it was), it's not a documentary on Star Trek. It is simply trying to make Star Trek, to make money, without the consent of the copywright holders.
Some companies just really want to protect their image and the images of their properites. Go read up on how and why Disney ended up making "Saving Mr. Banks"
Everywhere I look, people are screaming about how bad Cryptic is.
What's my position?
That people should know what they're screaming about!
(paraphrased from "The Newsroom)
Just a friendly reminder - This discussion is not about Axanar & Alec Peters. There is at least one thread about that in Ten Forward. Let's keep this discussion related to the Foundry & potential concerns you may have, as stated by OP.
Thank you.
[10:20] Your Lunge deals 4798 (2580) Physical Damage(Critical) to Tosk of Borg.
Star Trek Online Volunteer Community Moderator "bIghojchugh DaneH, Dumev pagh. bIghojqangbe'chugh, DuQaHlaH pagh." "Learn lots. Don't judge. Laugh for no reason. Be nice. Seek happiness."~Day[9] "Your fun isn't wrong."~LaughingTrendy
Just to make it clear. The Foundry it part of an officially-licenced product, i.e. Star Trek Online. The EULA is there to specify what is considered OK for a Foundry mission. This is why we in the Foundry community take the EULA so seriously. If you're not in violation of the EULA, you are essentially operating with the blessing of CBS, albeit with PWE/Cryptic Studios operating as an intermediary.
Just for a fun comparison, Cafe Press, a website specializing in custom-design merchandise that people can submit and sell, has a similar umbrella Star Trek license agreement and it looks very similar to our own.
Just to make it clear. The Foundry it part of an officially-licenced product, i.e. Star Trek Online. The EULA is there to specify what is considered OK for a Foundry mission. This is why we in the Foundry community take the EULA so seriously. If you're not in violation of the EULA, you are essentially operating with the blessing of CBS, albeit with PWE/Cryptic Studios operating as an intermediary.
Right, this is what people need to understand. STO is a licensed product, EVERY aspect of it is essentially protected by that license and that includes the Foundry. As part of the license anything added to the game (ie the Foundry) must be approved by CBS. So the Foundry (and its EULA) were approved by CBS to be included in the game, Follow the EULA and you are golden.
Profit argument aside, the rabid-dog-with-a-bone attitude does have me wondering how long fanfic writers, visual artists and the like have before CBS and/or Paramount chase them down screaming about IP violations.
Fanfic authors and artists are safe. We do it for fun, not to make money off of it. And typically we have a disclaimer in our works saying who owns what, be it in an Author's note or in the description of a piece of art.
This is about copyright infringement, not profit. Disclaimer note will not protect you. Anything in STO should be fine though.
"Great men are not peacemakers, Great men are conquerors!" - Captain Archer" "When diplomacy fails, there's only one alternative - violence. Force must be applied without apology. It's the Starfleet way." - Captain Janeway #Support Mirror Universe I.S.S. Prefixes
"Great men are not peacemakers, Great men are conquerors!" - Captain Archer" "When diplomacy fails, there's only one alternative - violence. Force must be applied without apology. It's the Starfleet way." - Captain Janeway #Support Mirror Universe I.S.S. Prefixes
Axanar and Darth Peters have nothing to do with the Foundry, and it should stay that way.
I have to say that the idea of taking the premise of Axanar and making a foundry mission out of it amuses me. Not enough that I would actually make one mind you, but still. Or maybe make a story about Garth's heroism that doesn't even vaguely resemble Axanar.
Axanar and Darth Peters have nothing to do with the Foundry, and it should stay that way.
I have to say that the idea of taking the premise of Axanar and making a foundry mission out of it amuses me. Not enough that I would actually make one mind you, but still. Or maybe make a story about Garth's heroism that doesn't even vaguely resemble Axanar.
Interesting idea ... I think the first thing I'd do is put him in a Daedalus class ... I don't know the plot they were planning to use for Axanar though so I can't go much further than that for now, but I'd definitely have a redshirt named Ensign Peters featured prominently in the first 10 seconds of the ground portion of the mission ...
Just to make it clear. The Foundry it part of an officially-licenced product, i.e. Star Trek Online. The EULA is there to specify what is considered OK for a Foundry mission. This is why we in the Foundry community take the EULA so seriously. If you're not in violation of the EULA, you are essentially operating with the blessing of CBS, albeit with PWE/Cryptic Studios operating as an intermediary.
Just for a fun comparison, Cafe Press, a website specializing in custom-design merchandise that people can submit and sell, has a similar umbrella Star Trek license agreement and it looks very similar to our own.
With this response, I think this is answered sufficiently. No need to derail this with more Axanar & similar issues discussion, since this is a Foundry-related forum.
/Closed
[10:20] Your Lunge deals 4798 (2580) Physical Damage(Critical) to Tosk of Borg.
Star Trek Online Volunteer Community Moderator "bIghojchugh DaneH, Dumev pagh. bIghojqangbe'chugh, DuQaHlaH pagh." "Learn lots. Don't judge. Laugh for no reason. Be nice. Seek happiness."~Day[9] "Your fun isn't wrong."~LaughingTrendy
Comments
As it stands, CBS is getting it's way. The lawsuit against Axanar won't actually unfold until right about the time that the new, all-access series is set to debut. Well after Star Trek Beyond had hit and departed the theaters. And well after the 50th anniversary has been milked for marketing profit by the IP holder. All of which pushes a completed Axanar project completely away from that same 50th anniversary celebration. Which, IMO, is a shame.
To redirect toward the topic of The Foundry, have any authors created missions inspired by such things as Prelude to Axanar? I might be interested in playing through them. Or, once assets from AoY become available, will any author consider doing so?
And that alone still does not mean anything, especially since the second part is pretty much speculation - would it be used for for profit, or just for making further non-profit projects? Just because you're non-profit doesn't mean you cannot plan ahead or invest into the future.
It's clear that he has gone too far for CBS, but the point of contention are only the copyright/trademark issues, not whether it was non-profit or not.
Notable missions: Apex [AEI], Gemini [SSF], Trident [AEI], Evolution's Smile [SSF], Transcendence
Looking for something new to play? I've started building Foundry missions again in visual novel form!
smh
I Was A Trekkie Before It Was Cool ... Sept. 8th, 1966 ... Not To Mention Before Most Folks Around Here Were Born!
Forever a STO Veteran-Minion
True. "We" can be glad if the 2017 show is actually not set in the AU as it would make perfect sense to make it the only installment of Star Trek from a business standpoint.
Get the Forums Enhancement Extension!
Protip: Before you talk about the law, do a little actual research first instead of just reading the first two lines of a Wikipedia article.
Fair use doesn't enter into this. The reason why we in the Foundry are absolutely not under threat is because we have permission in writing from CBS to manufacture content for this game, within particular parameters. That permission takes the form of an End User License Agreement specifying what we can and cannot do with CBS material (for example, we can talk about canon characters but we can't really use any of them because their likenesses belong to the actors, not CBS). STO itself also holds official permission from CBS to exist.
As for Alec Peters, he is an embezzling fraud with delusions of grandeur and he is going to be rightly crucified in court, and I'm going to be sitting by my computer with popcorn in hand waiting to hear the verdict.
— Sabaton, "Great War"
Check out https://unitedfederationofpla.net/s/
My character Tsin'xing
"Fair Use" is more meant for news and review. Probibly the best way to explain it is "Siskel & Ebert" and later "Ebert and Roeper". the show could use copyrighted materal, for profit making purposes, without having to pay the studios for using the clips of the films they reviewed.
"Anaxr" does not comment on Star Trek, it's not a parody of Star Trek (it would get off easier if it was), it's not a documentary on Star Trek. It is simply trying to make Star Trek, to make money, without the consent of the copywright holders.
Some companies just really want to protect their image and the images of their properites. Go read up on how and why Disney ended up making "Saving Mr. Banks"
What's my position?
That people should know what they're screaming about!
(paraphrased from "The Newsroom)
Thank you.
Star Trek Online Volunteer Community Moderator
"bIghojchugh DaneH, Dumev pagh. bIghojqangbe'chugh, DuQaHlaH pagh."
"Learn lots. Don't judge. Laugh for no reason. Be nice. Seek happiness." ~Day[9]
"Your fun isn't wrong." ~LaughingTrendy
Find me on Twitterverse - @jodarkrider
Just for a fun comparison, Cafe Press, a website specializing in custom-design merchandise that people can submit and sell, has a similar umbrella Star Trek license agreement and it looks very similar to our own.
Right, this is what people need to understand. STO is a licensed product, EVERY aspect of it is essentially protected by that license and that includes the Foundry. As part of the license anything added to the game (ie the Foundry) must be approved by CBS. So the Foundry (and its EULA) were approved by CBS to be included in the game, Follow the EULA and you are golden.
Tell that to Warner Bros.
http://www.cinemablend.com/games/Warner-Bros-Shuts-Down-Fan-Made-Skyrim-Lord-Rings-Mod-46799.html
This is about copyright infringement, not profit. Disclaimer note will not protect you. Anything in STO should be fine though.
"When diplomacy fails, there's only one alternative - violence. Force must be applied without apology. It's the Starfleet way." - Captain Janeway
#Support Mirror Universe I.S.S. Prefixes
http://www.arcgames.com/en/forums/startrekonline/#/discussion/comment/12942201
"When diplomacy fails, there's only one alternative - violence. Force must be applied without apology. It's the Starfleet way." - Captain Janeway
#Support Mirror Universe I.S.S. Prefixes
I have to say that the idea of taking the premise of Axanar and making a foundry mission out of it amuses me. Not enough that I would actually make one mind you, but still. Or maybe make a story about Garth's heroism that doesn't even vaguely resemble Axanar.
My character Tsin'xing
Interesting idea ... I think the first thing I'd do is put him in a Daedalus class ... I don't know the plot they were planning to use for Axanar though so I can't go much further than that for now, but I'd definitely have a redshirt named Ensign Peters featured prominently in the first 10 seconds of the ground portion of the mission ...
My character Tsin'xing
So there's no risk of being accused of theft then?
My character Tsin'xing
My character Tsin'xing
/Closed
Star Trek Online Volunteer Community Moderator
"bIghojchugh DaneH, Dumev pagh. bIghojqangbe'chugh, DuQaHlaH pagh."
"Learn lots. Don't judge. Laugh for no reason. Be nice. Seek happiness." ~Day[9]
"Your fun isn't wrong." ~LaughingTrendy
Find me on Twitterverse - @jodarkrider