Ultima Revived
Sierpinski writes: "Wired.com has an article about a group of people who are trying to bring back some of the classic (older) games. I don't know what a lot of you gamers are into now... personally I'm into Max Payne and the like, but I still remember those old favorites. Thought some of you slashdotters would like to know." We've mentioned one of these games already, but I see The Bard's Tale is coming back from the dead too.
After actually reading the article, I notice a few things in passing.
One of the companies demanded contact from the developers because, in some way, shape, or form the game resembled one of "theirs". A passing resemblance is enough to trigger a lawyer.
The companies seemed to think that a non-profit independent venture using some of "their" ideas is under their purvue -- ie, no Fair Use for anyone. No parody or tribute allowed.
These companies did not create these franchises (mostly) -- they didn't design them, or write the code, or even have the original developers on hand. They just bought the "property". Lord British was referred to as "Toto" to their lordly Frank Baum.
Kicker: they have refused to do anything with these "properties" for years. Even though fans begged them to. There was not enough profit, and they let them lie fallow.
That is an ample demostration of why current copyright and IP is a perversion of what Jefferson et al created copyright for -- to encourage the creation of new art for the good of all, not to only profit the holder of the mark. By converting "Bard's Tale" and other games to the status of paperclip inventory on a shelf, the art it engendered lies dead, hostage to greed for property.
As for my opinion, if the mark holders are letting it lie in an intellectual property grave, a non-profit knock-off is an expression of democratic disapproval. The PROPER course of action for these IP holders is to hire these people and release the new games, and sheepishly admit that they should have done it long ago.