[Josho]

Hi, Jeysie!

It's certainly fair to find Vivendi's actions (and timing) bizarre, but I think it's safe to presume that's only because neither you nor I nor most of the people here are privy to the decision-making process. Odds are very good that there was some rationale for it. Just because we don't know what that rationale is doesn't mean we can assume it was just an evil whim.

Originally Posted by Jeysie

Point 1: There's been two SQ fangame prequels released so far, possibly other Sierra-based fangames too, and a number of other fangames in development. Nothing from Vivendi. Nothing that has caused those games to be closed/removed, anyway.

I can think of many reasons that Vivendi might act differently with one fangame than with another. For one, as I've said, the KQIX team has taken a singularly high-profile approach (one which I encouraged Cesar NOT to take, and, as you know, have always encouraged Colin not to take with SQ7, either). For another, this is certainly not the first time that Vivendi has meddled with fangame developers. For yet another, the KQIX team (again, against my advice when they sought it) has made a show of saying that the series "needed to move in another direction" and that they were the ones to do it, and, by labeling the game "KQ IX," have also insinuated that they are releasing *the* next game in the series. Any number of these things may've helped lead Vivendi to want to call a halt to the project. Many more are easily imaginable.

Originally Posted by Jeysie

Point 2: AGDI has permission to release remakes. Now, I would think that games that are essentially free and improved replacements for the original games would be a nightmare for a company's IP and sales, yet Vivendi's granted permission for AGDI to release them.

I'm really not at liberty to discuss the terms of AGDI's agreement, as I was involved in that agreement, but let us just say that it was not without cost to AGDI. I'd also argue that free and improved replacements for original games that are no longer being sold (and, at the time of the agreement, that was true) are less of a problem for a publisher than games that purport to be the NEXT game in the series, and thus might easily "muddy the waters" for any future release.

Originally Posted by Jeysie

Point 3: The KQIX fangame has been in production for something like 4 years, and, as you said, has received quite a bit of publicity. Vivendi has had years to shut them down, yet they wait until 2-3 months before it was going to be released.

Perhaps it was the much-hyped release of the trailer that made Vivendi stockholders go, "Enough is enough." That was an extremely recent turn of events, wasn't it?

Originally Posted by Jeysie

Point 4: Colin from the SQ7.org team has been in contact with Vivendi for quite some time. Yet the project is still going. You'd think if Vivendi was really worried about cancelling fangames they'd have also given the SQ7.org folks a cease & desist, yet they have not.

That might be the reason right there: Colin took the initiative and has had "good faith" contact with Vivendi, recognizing and trying to address the fact that the project is a violation of copyright. Perhaps the KQIX team didn't. That might count for something in Vivendi's book. It might also help that Sierra does not own the rights to the name "Space Quest," but it does own the rights to the name "King's Quest."

Originally Posted by Jeysie

Also, last I heard KQIX did not have any previous agreement/contact with Vivendi (although they did have contact with Roberta and Ken Williams). So I don't think this is a result of failed negotiations.

Impossible to say. If someone on the KQIX team had had dealings with Vivendi, they might very well not be allowed to acknowledge them. Also, the point you make here is not a point in KQIX's favor. Depending on the relationship between the Williams family and Vivendi, it might've been seen as a hostile move on the KQIX team's part to have contacted the Williams, but never to have contacted the rightful copyright owners.

Originally Posted by Jeysie

So, while I don't dispute the fact that Vivendi has the right to close down a fangame, I find the IMHO inconsistency of their behavior towards fangames to be strange. I feel like I'm putting two and two together and getting five.

Well, that's simply because we don't have all the information, and we're unlikely to get it. We *might* get one side of the story, but we're highly unlikely to get both sides of the story. Until such point as we do, I'd suspend judgment.

--Josh