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Ultima IV — EA Takedowns Precede Official Reboot

Kevin Fishburne writes "According to posts at the Ultima fan site Ultima Aiera, both the browser-based Ultima IV Sega Master System emulation at Master System 8 and the IBM-PC port at Phi Psi Software have received cease and desist letters from Electronic Arts, the current IP holder of the Ultima franchise. The post states that despite the widely held belief that Origin had allowed the Ultima Dragons to distribute Ultima IV freely in 1997, in fact that is no longer the case. It further suggests that the EA takedowns are preceding an upcoming browser-based Ultima IV reboot by Bioware Mythic. Has EA lost an eighth, or are they well within their rights by going DMCA on a 26-year-old game they had no hand in developing?"

19 of 194 comments (clear)

  1. If they own the copyright... by Derekloffin · · Score: 5, Informative

    As far as I know, doesn't matter that it is older, or that they didn't personally develop it. It is still copyrighted, and unless someone can show it was given to public domain, EA is within their rights to do this.

    1. Re:If they own the copyright... by Anonymous Coward · · Score: 2, Insightful

      It being within their rights certainly doesn't make it right, though.

      As for Mythic making an Ultima reboot, yeah, no.

    2. Re:If they own the copyright... by PopeRatzo · · Score: 3, Informative

      Because it's old doesn't make it right to just publish it using an emulator or something

      Of course it does. Copyrights aren't supposed to be eternal for a very good reason, despite the best efforts and desires of culture vultures who believe that they should have a license to get paid forever for work someone else did.

      --
      You are welcome on my lawn.
    3. Re:If they own the copyright... by delinear · · Score: 2

      Ironically it's probably the emulator crowd that's helped to keep many of these old games alive in people's minds. If it wasn't for people preserving and giving an avenue for others to carry on playing said games, a load of them would have fallen into obscurity - now there's a demand for fun but technically unchallenging games for mobile devices, or browser-based play it's suddenly a revenue stream. Once money re-enters the equation all bets are off, but the industry should be giving a big thank you to the emulator crowd, not sending out threatening legal letters.

    4. Re:If they own the copyright... by mlts · · Score: 2

      On the contrary, it actually benefits the game companies if the old stuff gets forgotten. This way, they can dredge up forgotten IP, market it as a gritty reboot and have something to sell.

      Take EA for instance. I wonder how long it will be before they decide to make a Wing Commander reboot for the consoles. Cybermage? The old Origin IP they are sitting on can provide them with decades of IP to attach to what would be another boring FPS.

    5. Re:If they own the copyright... by LocalH · · Score: 2

      If EA or whomever they bought the IP from failed to make reasonable efforts to protect their copyrights, then they can lose them. If these games existed for quite a while and EA or the original holder knew of them and did NOTHING to stop them, then it's possible that a judge could throw the works into public domain.

      This is so incorrect. You can't lose your copyright because you don't defend it. You can lose trademarks that way, but nothing will ever force the work into the public domain.

      --
      FC Closer
  2. Never understood why ultima IV was so great by quietwalker · · Score: 2

    I remember abandoning it for Might and Magic (I & II), and then returning to the series when I got a hold of Ultima V. Ultima V kicked serious butt!

    How come no one ever wants to remake/re-release/re-whatever that one?

    *goes in a corner and plays the stones song*

    1. Re:Never understood why ultima IV was so great by Tapewolf · · Score: 4, Insightful

      You might want to look up Lazarus. It was a total conversion for Dungeon Siege - fan made, but very well done. I was one of those folks who couldn't really get into anything pre-Ultima 6, though I did play Ultima 4 end to end.

  3. Just so long as it remains readily playable by RogueyWon · · Score: 5, Insightful

    If EA are sending out takedown notices, then they really had better have an official port in the pipeline. I'm going to leave aside the moral dimensions of copyright law for a moment and focus on something else - the fact that this is a game that needs preserving in an accessible form.

    Ultima IV is, to my mind, one of the most important games in the history of computer and video gaming as a medium. While the first three Ultima games (and Akalabeth) had been relatively straightforward "hack and slash" type RPGs, Ultima IV was revolutionary. It was a game based around morality, where the objective wasn't to defeat the big bad and save the world, but rather become a paragon of virtue. It was an early sign that the medium was capable of "growing up" and its influence over the years has been immense. While hack and slash still predominates, you can see the influence of Ultima IV underpinning pretty much every Bioware RPG, as well as a whole host of other games which attempt to tell more sophisticated stories or allow the player a degree of freedom in how to accomplish objectives.

    In terms of significance to the development of the RPG genre, I'd rank Ultima IV as sitting alongside the second installments in the Final Fantasy and Baldur's Gate series - the former for its development of what we now recognise as the standard model for Japanese RPG storytelling and the latter for re-popularising the genre in the West following a major period of decline in the mid-90s.

    It's a sad fact that because people at the time saw them as ephemeral, many of the significant early works in film and television have been lost forever. It would be nice - and no doubt welcomed by future generations - if we could actually preserve the most important early gaming titles in a readily playable form.

  4. That's correct from a legal standpoint by Sycraft-fu · · Score: 5, Insightful

    Though one can ask if it is correct from a moral one, and also if it SHOULD be correct from a legal standpoint.

    My feeling is no. Copyright is far too long. The idea of a limited time copyright is to keep people creating new works. You make a work, you get to make money off of it, but only for a little while. After that it belongs to the public and you need to make new works if you wish to keep making money.

    Seems fair to me as that is how most professions work. If I fix a computer, I do not continue to receive pay for that computer so long as it is in use or functional. I am paid for doing the job. If I want more pay I need to keep working.

    Personally I'd do copyright something like this:

    You get 10 years, upon the creation of the work, no registration needed. That way everyone has a chance to profit from a creation of theirs that is valuable. Once the 10 years are up you've three choices:

    1) Do nothing and allow the work to fall in to the public domain. If you do this there are, as they say on the playground, "no taksies backsies." The work is public now and forevermore.

    2) Register and renew the work with an exclusive license for another 10 years. You get to dictate everything about its usage, just like the first 10, you've complete control. After that, it falls in to the public domain, no further extensions permitted.

    3) Register and renew the work with a mandatory license agreement for another 20 years. In this case you get to keep copyright longer, however part of the terms are that the government mandates a reasonable and non-discriminatory licensing of it. People can make derivatives and pay you a set fee for that and you cannot stop it. You can still profit from your work, but on fixed terms. After that, the work falls in to the public domain.

    This was people still have plenty of time to profit from their works, but they can't hold on to them forever and ever and just milk a single gravy train. Also, if someone abandons a work and doesn't bother to register, it falls in to the public domain quicker. After all, if you are still making money 10 years later, you can take the time to register. If you can't be bothered, obviously it isn't that valuable to you.

    So while under current law they are 100% in the right, I feel they are being dicks and I feel current copyright law should be changed. You shouldn't be allowed to just hold on to something forever. Many of our more modern favourite works are directly possible because of the use of public domain earlier works (like most of the famous Disney cartoons). That needs to continue.

    1. Re:That's correct from a legal standpoint by MPolo · · Score: 2

      I could even see allowing additional extensions beyond the first, but the cost of these should increase exponentially. If Disney is convinced that derivatives of Steamboat Willie are going to drive them into the ground, they can pay an ever-increasing fee to protect it. Something like first renewal costs $10,000 (or more), second is $20,000, third is $40,000 and so on. At a certain point, even Disney would be moved to let things slip into the public domain... The reason for the high renewal fee is that if the work isn't generating serious income, there is no point in renewing the copyright, and if the work is that valuable, the public has a vested interest in getting it into the public domain

  5. Has EA lost an eighth by deniable · · Score: 2

    Um, what?

  6. It's an 'in-joke' by Tigger's+Pet · · Score: 5, Informative

    Quote from http://everything2.com/title/Thou+hast+lost+an+eighth%2521 - to stop me wasting my time re-wording;-

    A warning that first appeared in Ultima IV: Quest of the Avatar. Earning all eight pieces of the ankh is a major part of the aforementioned quest. You have to act in harmony with all eight virtues in order to earn each piece. If you act unvirtuously, by cheating a blind herb-seller, attacking a peaceful citizen, etc., you will lose that virtue. If you've earned that virtue's piece of the ankh, you will also lose that eighth.
    On the Ultima-related newsgroups, "Thou hast lost an eighth!" is used as a rebuke when someone asks a stupid question.
    "Thou hast lost an eighth" also appears in Doom II -- when you want to quit the game, the confirmation dialog occasionally warns you that "Thou hast lost an eighth" for wanting to quit!

  7. Re:Who developped does not matter by ShakaUVM · · Score: 2

    >>buy 30 karma for 0.99 $ !"

    Brings new meaning to the dungeons in Ultima IV:
    Deceit
    Despair
    Despise
    Wrong
    Covetous
    Shame ...all apply equally well to the developers of microtransaction, spam-based social games, and the players that play them.

    (Pedants: Yes, I'm ignoring Destard and Hythloth. Whatever.)

  8. Virtues by alephnull42 · · Score: 2

    EA fails on Humility, Honor and Compassion at least.... off to the dungeons!

    --
    Not confused enough? http://translate.google.com/translate?u=www.slashdot.jp&hl=en&ie=UTF8&sl=ja&tl=en
  9. Can still be downloaded legally by no+known+priors · · Score: 5, Interesting

    You can still download the Ultima IV legally. Or, at least, according to both that page and the first article linked to from the summary. And, from that page there is a link to a Usenet post with the permission:

    >I've been the recipient of a forward from Edward Franks (Fortran)
    >regarding the distribution of Ultima IV and I'm mighty confused..

    sorry for the confusion... let's see if I can clarify

    1. the U4 distribution in the magazine was intended to be an 'exclusive'
    for the mag.
    2. Once the mag distribution was over, it was felt nothing much could be
    done to stop redistribution of U4 after that
    3. KickAss was offering U4 for d/l, but the Dragons couldn't (per a
    previous 'restriction' by Origin?)
    4. I said, that's not fair to the Dragons... They've been honest about
    this. Why not let them offer it as well.. Answer: Your absolutely right..
    5. Ergo: email to Fortran Dragon 'OK'ing' the ability to offer U4 for free
    d/l by Dragons

    So, I just went and downloaded the game. Go me!

    As far as I can tell, EA is only going after those who didn't have permission in the first place. Which, is perfectly legal, and not even that dickish when considered from that perspective. (From another perspective, that copyright is shit, and/or that copyright for a 26 year old game is shit, it is dickish. Whatever.)

    But yeah, to bad nobody reads the article around here hey. Too bad the summary didn't mention this little point about the game still being available from some places.

    --
    Appended to the end of comments you post. The maximum is 120 characters.
  10. I really don't understand by yamamushi · · Score: 2

    Why do people keep spending money on EA Games? They treat the gaming community like utter crap at every opportunity, yet people continue to keep eating it up constantly. I refuse to spend a dime on any EA product, and I have no doubt many /.'ers share my sentiments.

    --
    - Aetheral Research -
  11. Re:Why Ask Moronically Stupid Questions? by GooberToo · · Score: 2

    One of the arguments companies have used over time is that if they do not police their copy right they somehow lose it legally.

    Wrong. That's trademarks. You must actively defend your trademark or lose it. You are confused. Copyright is commonly ignored until market reasons can justify otherwise. This behavior is actually pretty common.

  12. "thou hath lost an eighth" by v1 · · Score: 3, Interesting

    I seem to recall if you were stupid enough to attack a villager in a town, you'd not see that once, but about six times over. (I don't recall which few virtues you didn't lose)

    But EA probably is within their rights to do this. It does no good to get upset at them because they're playing by the rules. As we all know, it's the rules that are broken.

    BUT, the reason the rules are broken are because companies (like EA) have brib...er lobbied congress critters to write those laws. But again, that's still them playing within the rules, and again leads back to the rules being broken. It's a problem that's two levels deep, and in both cases comes down to a defective legislative system. Defective, not malfunctioning. It's working as designed, it's just designed wrong. Unfortunately certain aspects of its design (such as lobbying) make it a problem that's self-perpetuating to a large degree.

    --
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