Pantheon - anyone been keeping track?

[Lhancelot]

Originally Posted by Silvurwolf [You must be logged in to view images. Log in or Register.]

I remember being so hyped up for Diablo 3.. like years worth of hype then it dropped and I didn't like it nearly as much as d2. Hope that doesn't happen with this game

I remember Vanguard, Rift, EQ2, WAR, Age of Conan, basically every new MMO that came out after EQ1 was a disappointment that either took years to get on track with future patches or simply died where it stood never improving.

[supermonk]

there's a lot of assumptions and misinformation here. I deal with technology contracts, such as IP infringement, as part of my day job so here's my unofficial legal answer.

I just did a quick google search for Everquest to look for (C) vs (R) and saw that latter. Based off that assumption, Everquest is protected by trademark (R), not copyright (C)..those are not one in the same and are two distinct types of intellectual property. in layman's terms, think of trademark like coca-cola; it's a brand...pepsi is the exact same shit, but it has a different brand. trademarks protect the name and copyrights protect the creative work. Pantheon does not infringe on IP trademark because nowhere does it say Everquest, even though for all intensive purposes it tastes like Everquest. If it were copyright, it would be a whole different story, but Pantheon is within it's legal bounds to make their game as long as no direct EQ references are mentioned (this includes unique and distinguishable zones, items, mobs, etc.)

Now hypothetically speaking, even if Daybreak tried to lawyer the hell out of Pantheon and sue Mr. McQuaid, it's not a profitable move. Pantheon, which i'm sure will be profitable, is not the likes of Apple or Google...litigation fees for taking them to court are expensive. Realistically speaking, they would never sue Mr. McQuaid, but rather they would just let Pantheon marinate to see if it has profit potential. The smart move, which they will do, is just buy Pantheon from Brad and make it a Daybreak game. Similar to Verant --> Sony. In the end, it's all about the monayyyy

[fadetree]

Originally Posted by supermonk [You must be logged in to view images. Log in or Register.]

for all intensive purposes

Because you are someone who works with legal documents and copyright/trademark law, I assume you know that it is really "for all intents and purposes".

[Ennewi]

"For all intended purposes" would also be acceptable, with its use dating back to the late 1800s.

[supermonk]

Originally Posted by welly321 [You must be logged in to view images. Log in or Register.]

He's just another internet lawyer/paralegal that has no idea wtf he's talking about.

almost fooled you

[Murri]

i'm so excited for pantheon [You must be logged in to view images. Log in or Register.]

[supermonk]

If you want to want to really get deeper in the rabbit hole, Daybreak has a much better chance suing Rogean & Co. for P99 than Pantheon, because legally, P99 is infringing on Everquest's trademark. Rogean & Co. are smart because they are mitigating the likelihood of litigation by A.) not making money on the front end by charging us a subscription based off EQ's trademark (they're only asking for donations) B.) making it very clear the trademark is Everquest (he's technicaly giving them free marketing) and not his IP and ultimately C.) this is an old ass game man, who the fuck cares; Daybreak would lose more money in litigation fees even if they took Rogean to court...it's just not profitable. No offense to Rogean, but he's a small speck in the grand scheme of things in terms of Daybreak's balance sheet and just aren't worth their time. This is an extreme example, but you don't see Louis Vuitton taking Mr. Wang Chung to court for selling knockoffs of their handbags in the streets of NY.

[Rygar]

Originally Posted by supermonk [You must be logged in to view images. Log in or Register.]

If you want to want to really get deeper in the rabbit hole, Daybreak has a much better chance suing Rogean & Co. for P99 than Pantheon, because legally, P99 is infringing on Everquest's trademark. Rogean & Co. are smart because they are mitigating the likelihood of litigation by A.) not making money on the front end by charging us a subscription based off EQ's trademark (they're only asking for donations) B.) making it very clear the trademark is Everquest (he's technicaly giving them free marketing) and not his IP and ultimately C.) this is an old ass game man, who the fuck cares; Daybreak would lose more money in litigation fees even if they took Rogean to court...it's just not profitable. No offense to Rogean, but he's a small speck in the grand scheme of things in terms of Daybreak's balance sheet and just aren't worth their time. This is an extreme example, but you don't see Louis Vuitton taking Mr. Wang Chung to court for selling knockoffs of their handbags in the streets of NY.

Thought it was common knowledge they entered an agreement with daybreak... Don't see them suing unless they violate said agreement (believe they can't charge subscriptions or have pay to win or use donations that don't directly go to server maintenance).

Just going off what I gathered on the forums

[loramin]

Originally Posted by Rygar [You must be logged in to view images. Log in or Register.]

Thought it was common knowledge they entered an agreement with daybreak... Don't see them suing unless they violate said agreement (believe they can't charge subscriptions or have pay to win or use donations that don't directly go to server maintenance).

Just going off what I gathered on the forums

That an agreement exists is common knowledge (there was even an official announcement post), but the exact details of what both parties agreed to are not known. There are many theories (eg. that P99 agreed never to open a new server), but only the P99 team and Daybreak know for sure.

[supermonk]

Originally Posted by loramin [You must be logged in to view images. Log in or Register.]

That an agreement exists is common knowledge (there was even an official announcement post), but the exact details of what both parties agreed to are not known. There are many theories (eg. that P99 agreed never to open a new server), but only the P99 team and Daybreak know for sure.

what is rogean was brad mcquaid all along...