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CBS Shuts Down Stage 9, a Fan-Made Recreation of the USS Enterprise (torrentfreak.com)

An anonymous reader writes: For those unfamiliar with the project, Stage 9 is a beautiful virtual recreation of the Enterprise ship from Star Trek: The Next Generation for Windows, Mac and Linux. More experience than game, Stage 9 was built by fans over two years in the Unreal Engine. "There were two things that we were always pretty careful with," says project leader 'Scragnog'. "We made it as clear as we possibly could that this was NOT an officially licensed project. We had no affiliation with CBS or Paramount and the IP we were trying our hardest to treat with respect was not our own. We were fans, just creating fan art."

In an announcement this week, Scragnog reminded fans that no one involved in the project was in it for any financial reason and everyone was well aware that throwing money into the mix could be a problem. However, the team says it has always known that they could be shut down at any time on the whim of a license holder because in this world, that's what can happen. Unfortunately, that day has come all too soon for the impressive project. Stage 9 was hit with an intellectual property complaint from CBS just over two weeks ago and has now been shut down.

"This letter was a cease-and-desist order," Scragnog explains. "Over the next 13 days we did everything we possibly could to open up a dialog with CBS. The member of the CBS legal team that issued the order went on holiday for a week immediately after sending the letter through, which slowed things down considerably."

40 of 209 comments (clear)

  1. That's not all they've shut down by drinkypoo · · Score: 4, Interesting

    They've also shut down my desire to continue to watch Star Trek. Maybe I'll see what Picard is up to via the bay, though.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:That's not all they've shut down by genfail · · Score: 3, Informative

      ally CBS only shuts down fan projects for Star Trek when it's better than whatever they are making. For example, a fan project, Axanar about the first Federation Klingon war, was originally given the blessing of the studio to proceed so the fan production company made Prelude to Axanar and got a Kickstarter going to fund it. After CBS watched Prelude and realized that it had a more engaging story, more recognized actors and more faithful to canon (not to mention had a better-looking ship which is a big deal to ST fans) than their own property in development, the much-maligned abomination that is Star Trek: Discovery, they immediately began a legal war to stop the project for reasons that didn't become clear until ST:D launched. So this tells us two things, one they have a commercial project that uses a recreation of the Enterprise and two they don't want comparisons with whatever they're making with sweatshop pixel monkeys and something made with love by fans. I was going to pass on this whole thing because I figured it would suck but now they are doing this I'm going to find a place I can download it from as soon as I get home.

    2. Re:That's not all they've shut down by drinkypoo · · Score: 3, Informative

      Many people in the technical crowd, which Star Trek tends to appeal to, are willing to shell out actual real $$$ to watch their shows, but not to pay $$$ AND have to watch commercials. That's *not* payment avoidance.

      Yep. We're about to let Prime expire, because the alleged two-day shipping isn't two-day if you live anywhere interesting (in this case, near Mendocino) and because Prime shows commercials. If either of those things weren't true we'd probably keep it, but... meh. Super fucking tired not just of the ads, but of how Amazon keeps showing the same completely misplaced ones over, and over, and over, and over...

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re: That's not all they've shut down by drinkypoo · · Score: 4, Funny

      Sorry you can't afford to spend ten bucks a month in expedited shipping priority, and, I guess the music and movies and books they throw in for some people too.

      Sorry you can't afford an email address. It would let you get a Slashdot login, so people might care about your opinions.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:That's not all they've shut down by Megane · · Score: 2

      They shut down my desire to watch more Star Trek a long time ago, with the "reboot" movies. But ST:D made me want to watch it even less.

      The good news is that season 2 of the Orville starts in three months.

      --
      #naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
  2. free advertising by wgoodman · · Score: 5, Insightful

    When will media companies figure out that fan projects are good for them? They maintain/increase interest in an IP, even when the media company is being sloppy and putting out no/terrible content.

    1. Re:free advertising by dgatwood · · Score: 2

      I'm shocked — shocked that the same company that cancelled the original Star Trek doesn't understand the geek market. The best thing CBS could do for Star Trek would be to sell off its interest in the series entirely.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    2. Re:free advertising by cayenne8 · · Score: 4, Informative

      AFAIK copyright law requires the holder to take reasonable actions to maintain and protect their copyright. Not doing so makes it more vulnerable to challenge (and in the worst case, invalidation).

      I believe that is more applicable to trademarks than to copyright.

      And with copyright, you can license use of your copyrighted work...and you can do it for nothing or maybe like $1, which would be good to do with some fan project like this.

      If you actually sanctioned them, licensed them....you'd generate more goodwill and revenue for your commercial sales/uses of your copyrighted material.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    3. Re:free advertising by commodore64_love · · Score: 2

      > the same company that cancelled the original Star Trek doesn't understand the geek market

      CBS didn't cancel the original

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:free advertising by houstonbofh · · Score: 2

      Amazon Prime Video. I have enjoyed there productions quite a bit. The Tick was amazing!

    5. Re: free advertising by SirSlud · · Score: 2

      If a copyright holder wants to claim damages, they can't sit on it (waiting for damages to pile up for an example of what the incentive of doing that might be.)

      But you cannot lose your copyright ownership via inaction as you can trademark.

      --
      "Old man yells at systemd"
    6. Re:free advertising by stevew · · Score: 2

      Yeah - I believe it was on NBC wasn't it?

      --
      Have you compiled your kernel today??
    7. Re:free advertising by lgw · · Score: 4, Informative

      When will media companies figure out that fan projects are good for them?

      The more successful ones have. George Lucas was always OK with fan content, even very insulting fan content. The most striking is Jim Davis, owner of possibly the most financially successful modern IP, reached out to the creator of the "Garfield without Garfield" web site and, instead of a cease and desist, said "hey, want to publish a book".

      Perhaps there's a reason those just made many billions of dollars.

      Marvel is aggressive in protecting trademarks, but is otherwise surprisingly OK with fan content that doesn't get in the way of their merch sales. Heck, the Comics Explained YouTube channel is exactly the sort of thing that inept IP owners (including other parts of Disney) routinely shut down, and he probably makes more money from his Patreon than Marvel does from comic book sales these days.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    8. Re: free advertising by mark-t · · Score: 4, Informative

      No both copyright holders and trademark holders must defend their IP

      You are mistaken. Trademark holders do, but there is absolutely no requirement that copyright holders do likewise. At most it sitting on a known copyright infringement without taking action may limit or even entirely block the damages that the copyright holder could collect for that particular infringement, but it would not at all impact one's ability to sue for later infringements by different parties, as would be the case for not taking action on a trademark violation.

      And even if this *were* being alleged to be a trademark violation, they could probably rightfully claim nominal use of the trademark and be done with it (as long as they also explicitly said that it was not endorsed by CBS or Paramount, etc).

    9. Re: free advertising by k2r · · Score: 2

      > reasonable actions to maintain and protect their copyright.

      Whether trademark or copyright, a reasonable reaction could have been to license it to them for $0 until further notice.
      IIRC was the reasonable reaction of some food or beverage company a while (years) ago, but I canâ(TM)t find a reference.

  3. Lucas by JBMcB · · Score: 5, Interesting

    Say what you want about Lucas, he was usually pretty cool with people doing Star Wars parodies and homages. He even voiced himself on the Robot Chicken Star Wars episode.

    --
    My Other Computer Is A Data General Nova III.
    1. Re:Lucas by commodore64_love · · Score: 5, Interesting

      Warner Brothers is also lenient when it comes to fan-made Babylon 5 sites. They only require we include a Trademark and Copyright notice on the bottom of the page to protect WB's IP.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re: Lucas by UnknowingFool · · Score: 4, Informative

      It depends on what is on the site and what the fans added to make their creation different or transformative. For example JK Rowling sued one Harry Potter encyclopedia fan site a few years back but whole heartedly endorses two others. So she's not against fan site but why did sue that one site?

      The site that was sued just quoted her book for nearly all of their articles. Many times, the articles didn't properly use quotation marks or attributions to note that the entirety of the text came from one of her books. Without any original text, it's hard to argue that that site didn't infringe. In this case, other than remaking it in another format, what original work was contributed?

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    3. Re: Lucas by mrclevesque · · Score: 2

      " other than remaking it in another format, what original work was contributed? "

      I wonder what would have happened if the project hadn't also used the likenesses and voices of the original actors.

  4. Don't want no klingons by Anonymous Coward · · Score: 2, Insightful

    I would be happy to pay for media with no advertising.

    But I refuse to pay you to sell to me.

    1. Re:Don't want no klingons by stevew · · Score: 5, Informative

      Yep - after CBS started playing commercials on their streaming service within TV shows that are available over-the-air I canceled my subscription. Only got it to watch Star Trek Discovery - and honestly it was the worst Trek yet! I've been a fan since the original show originally aired! I can live without this!

      --
      Have you compiled your kernel today??
  5. Re:Fix the laws by Anonymous Coward · · Score: 5, Informative

    They don't HAVE to shut everything down.

    They could just GIVE STAGE 9 A CONTRACT TO SIGN, stating that they will continue to be noncommercial and that CBS owns all the rights.

    So long as Stage 9 is authorized, then there is no issue with them suing other, unauthorized, people who rip them off.

  6. Corporations hold culture hostage ... by UnknownSoldier · · Score: 5, Insightful

    /s I'm shocked, shocked, I tell you that Corporations hold culture hostage!

    There is something wrong when companies see fans as competition instead of free advertising.

    1. Re:Corporations hold culture hostage ... by Rick+Schumann · · Score: 2

      You speak truth and wisdom. Remember in the 80's when the original Model 5150 IBM PC came out? Shortly thereafter there were clones of it all over the place. Did IBM throw a hissy-fit over it? Not really, and because of that the PC took off like a rocket. If CBS wasn't such total wankers about this their Star Trek-flavored shows might be doing better.

    2. Re:Corporations hold culture hostage ... by stevew · · Score: 3, Interesting

      Interesting point - but it was a lot more involved. IBM was just out of a years long case with the US government about them being a monopoly. They were walking on glass from that perspective. The were the 1000 lb elephant in the room - think Amazon or MS of not that long ago. They also learned a lesson from Apple and published technical schematics and the BIOS for the system! Apple didn't do that for the Mac, but had for the Apple II. Apple II was an open bus architecture - Mac not so much. IBM PC followed the open bus architecture paradigm and created a whole new industry. The clones were enabled by the concept of a Clean-room version of the BIOS becoming available. The rest as they say was history.

      --
      Have you compiled your kernel today??
  7. Rolled-over too easily by commodore64_love · · Score: 5, Interesting

    >"This letter was a cease-and-desist order,"

    Most of these letters have ZERO legal weight, and get thrown-out when submitted to courts. While CBS owns the appearance of the TNG Enterprise, the law clearly allows derivative works (such as parodies and fan-inspired art).

    Only a JUDGE has the power to shutdown this endeavor, not some Intern at CBS writing cut-and-paste form letters.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    1. Re:Rolled-over too easily by wgoodman · · Score: 4, Insightful

      Hiring lawyers to go before the judge costs money and when you're doing something because you like it, spending all your money in court to fight the company that owns it isn't entirely worth it. CBS has infinite lawyer funds whereas fans don't.

    2. Re:Rolled-over too easily by stevew · · Score: 2

      Read what the guys said. They knew who owned the IP - and what that could mean. Once they got called on it - they folded because they do know who owns the IP. It would have been great if the company had instead licensed the name to them for a nominal fee... but they didn't want too. Fighting this was a losing proposition legally. Pissing in the wind.

      --
      Have you compiled your kernel today??
    3. Re:Rolled-over too easily by commodore64_love · · Score: 2

      Most cease-and-desist letters go no further.
      There is no lawsuit, and no need to defend yourself in court.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:Rolled-over too easily by commodore64_love · · Score: 2

      They VOLUNTARILY shutdown their project. They didn't have to shut it down..... not until a judge issues an official order, which did not happen in this case (there's not even a lawsuit yet). /u/stevew

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  8. Barking up the wrong tree. by hey! · · Score: 5, Insightful

    You don't want to contact the legal team; they're job is to secure everything they can for their client, regardless of whether it is reasonable or even legally justifiable. In their world view there's no reason to ever back down from a C&D letter unless that letter is somehow itself illegal, and it's not illegal to exaggerate your rights.

    The people you want to get to are the marketing and PR types, who are more concerned about the court of public opinion.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:Barking up the wrong tree. by Comrade+Ogilvy · · Score: 2

      Exactly.

      Most likely...

      Stage 9 was probably found by an outsourced contractor that looks for copyright violations, and submitted the information to fill out the forms to its client, the law office. The law office had a moderately paid clerk print out a monthly batch of these things, to be "robosigned" by an actual lawyer who spends as little time as possible. The law office bills Paramount for all this wonderful work, with an hourly pricing for everyone involved that includes a fat profit for the law office.

      When you contact the lawyer, a clerk prepares a response letter, and hands the original and response to the lawyer. The lawyer inspects the original C&D, signs the response (which says nothing more than "The original C&C is in order. Yes, you must comply."), and charges Paramount for an hour of the clerk and the lawyers time. Ka-ching! Even moar money.

      They are never going to back down unless you actually pay for enough lawyer fees yourself to see this into a courtroom, but Paramounts lawyers here are going to laugh all the way to the bank. They are not going to apply their brains to the question of Stage 9 IP unless it looks like they might actually lose big in front of a real judge.

  9. Complain to them: by GarySalter · · Score: 3, Informative
  10. Re:Still Haven't Seen The New Trek by UnknownSoldier · · Score: 3, Insightful

    You aren't missing anything with STD. It's crap.

    The Orville is the spiritual successor to Star Trek. I originally wrote it off as a dumb Galaxy Quest show but once you get past the first 2 episodes it starts to get good.

  11. Re:That's for trademarks by lgw · · Score: 3, Interesting

    otherwise they lose it and "star trek" becomes generalized (such as band-aid, velcro, thermos, dumpster, aspirin, etc.

    The trademark to "Aspirin" was not lost due to "generalization" in the US: it, along with the trademark to "Heroin", was lost in the Treaty of Versailles as punishment to Bayer for making chemical weapons for the Germans.

    Band-Aid is still a trademark, and I wouln't bet on its lack of enforceability. Velcro is still a trademark, and they made this hilarious video as part of defending it, and they definitely sue over it.

    Loss of trademark due to "genericide" is incredibly rare - I think "thermos" is the only one on your list that is true.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  12. still widely available by jlv · · Score: 5, Informative

    As pointed out a HN (https://news.ycombinator.com/item?id=18085119), the Internet Archive of the download page still has the well-seeded torrent links...

    magnet:?xt=urn:btih:ce1cf2847d8303a8e7e708cb378d9e7ab1534628&dn=Stage9-Mac-v009.zip
    magnet:?xt=urn:btih:f2b84daf5a60ad9a452c933523de7ec786bbb0bd&dn=Stage9-Windows-v10.exe

  13. Re:Fix the laws by dissy · · Score: 2

    They lose the right to sue people who really rip them off (as opposed to Stage 9) unless they defend their rights across the board. I wish this law was changed.

    Care to point out the exact number in title 17 of this non-existent law?

    Here, this will get you started: https://www.law.cornell.edu/uscode/text/17

    With any luck, while searching for your non-existent law, it will have the side effect that you actually read and learn about what exactly is in copyright law.

    In fact I'd like to draw your attention to chapter 1, section 106a, under "E) Transfer and Waiver"
    Seems to me the law explicitly allows a waiver of rights, far from disallowing such a thing and forcing a copyright holder to lose any rights by not exercising such a wavier as you claim.

    Why would copyright law provide the optional ability to grant a waiver if as you say the law forces a holder to never be allowed to grant a waiver?

    And as I'm sure someone will reply such, let me explicitly say, I am not claiming Stage 9 is *entitled* to a wavier, nor is CBS required to even entertain the option.
    I only claim the *option* for CBS to do so is right there encoded into law, versus the parent poster claiming such a thing doesn't exist (it's awfully right here for not existing)

  14. Re:Fuck CBS sideways with a rusty chainsaw by Anonymous Coward · · Score: 3, Insightful

    Just watch the Orville instead. It's a hundred times better than anything labeled Trek has been in a generation, and more true to the original Trek concepts while actually being entertaining.

    And it'd be especially funny to see the Orville outlast Trek proper if CBS keeps up this attitude with its fans.

  15. Re:Fuck CBS sideways with a rusty chainsaw by Rick+Schumann · · Score: 4, Interesting

    I have, do, and will watch The Orville, it's a good show even from what little there's been of it so far, and I'm surprised it's on Fox.

  16. Star Wreck by Antony+T+Curtis · · Score: 2

    Can they reskin their work to be for Star Wreck?

    --
    No sig. Move along - nothing to see here.