Stardock Systems, Inc. v. Reiche#Final settlement

Star Control and Star Control II were created by Paul Reiche III and Fred Ford and published by Accolade.{{cite web|last=Hutchinson|first=Lee|date=February 22, 2018|title=Star Control countersuit aims to invalidate Stardock's trademarks|url=https://arstechnica.com/tech-policy/2018/02/star-control-countersuit-aims-to-invalidate-stardocks-trademarks/|access-date=January 2, 2019|work=Ars Technica}} Released in 1990 and 1992 respectively, both games received numerous awards.{{cite web|author=Staff|date=2005|title=Control & Conquer|url=http://publicaciones.retromuseo.com:8123/Revistasv1/Retro%20Gamer%20%5Ben-UK%5D/retro%20gamer%20%5Ben-uk%5D%20014.pdf|archive-url=https://web.archive.org/web/20190706201713/http://publicaciones.retromuseo.com:8123/Revistasv1/Retro%20Gamer%20%5Ben-UK%5D/retro%20gamer%20%5Ben-uk%5D%20014.pdf|archive-date=2019-07-06|publisher=Retro Gamer|pages=85–87}} Journalists have listed Star Control among their best games of all time,{{cite web|author=Polygon Staff|date=2017-11-29|title=500 Best Games of All Time|url=https://www.polygon.com/features/2017/11/29/16693094/polygon-500-best-games-of-all-time-300-201|publisher=Polygon}} with Star Control II earning even more "best game" rankings through the 1990s,{{plainlist|* {{Cite news|date=August 1994|title=PC Gamer Top 40: The Best Games of All Time|pages=32–42|work=PC Gamer US, Issue 3}}

• {{Cite news|date=April 1994|title=The PC Gamer Top 50 PC Games of All Time|publisher=PC Gamer, Issue 5|pages=43–56}}
• {{cite news|date=November 1996|title=150 Best Games of All Time|pages=64–80|magazine=Computer Gaming World|url=http://www.cgwmuseum.org/galleries/index.php?year=1996&pub=2&id=148|access-date=March 25, 2016}}
• {{Cite news|date=February 1999|title=The Fifty Best Games of All Time|work=Next Generation, Issue 50}}}} 2000s,{{plainlist|* {{cite web|author=Chris "shaithis" Buecheler|date=September 2000|title=The Gamespy Hall of Fame - Star Control 2|url=http://www.gamespy.com/legacy/halloffame/sc2_a.shtm|url-status=live|archive-url=https://web.archive.org/web/20010430133458/http://www.gamespy.com/legacy/halloffame/sc2_a.shtm|archive-date=2001-04-30|access-date=August 6, 2020|publisher=GameSpy}}
• {{cite web|author=Greg Kasavin|date=June 27, 2003|title=The Greatest Games of All Time - Star Control 2|url=http://www.gamespot.com/gamespot/features/all/greatestgames/p-7.html|url-status=live|archive-url=https://web.archive.org/web/20050814235252/http://www.gamespot.com/gamespot/features/all/greatestgames/p-7.html|archive-date=2005-08-14|access-date=August 6, 2020|publisher=Gamespot}}
• {{Cite web|date=November 23, 2005|title=IGN's Top 100 Games of All Time (2003)|url=http://top100.ign.com/2003/51-60.html|archive-url=https://web.archive.org/web/20051123024006/http://top100.ign.com/2003/51-60.html|archive-date=2005-11-23|access-date=August 6, 2020|website=IGN}}
• {{Cite web|date=August 2, 2005|title=IGN's Top 100 Games (2005)|url=http://top100.ign.com/2005/011-020.html|archive-url=https://web.archive.org/web/20050802002523/http://top100.ign.com/2005/011-020.html|archive-date=2005-08-02|access-date=August 6, 2020|website=IGN}}}} and 2010s.{{plainlist|* {{Cite news|date=February 19, 2011|title=The 100 best PC games of all time|language=en|work=PC Gamer|url=https://www.pcgamer.com/the-100-best-pc-games-of-all-time/5/|url-status=live|access-date=August 6, 2020|archive-url=https://web.archive.org/web/20110219013135/http://www.pcgamer.com/2011/02/16/the-100-best-pc-games-of-all-time/5|archive-date=February 19, 2011}}
• {{cite web|date=December 5, 2015|title=HG101 Presents: The 200 Best Video Games of All Time|url=http://www.hardcoregaming101.net/books/hg101-presents-the-200-best-video-games-of-all-time/|url-status=live|archive-url=https://web.archive.org/web/20171029065018/http://www.hardcoregaming101.net/books/hg101-presents-the-200-best-video-games-of-all-time/|archive-date=2017-10-29|access-date=August 6, 2020|publisher=Hardcore Gaming 101}}
• {{Cite news|last=Hamilton|first=Kirk|date=September 19, 2013|title=The Game That "Won" Our Classic PC Games List (If It Had A Winner)|work=Kotaku|url=http://kotaku.com/the-game-that-won-our-classic-pc-games-list-if-it-ha-1349952997|access-date=August 6, 2020}}}} It is also ranked among the best games in several creative areas, including writing,{{plainlist|* {{cite web|date=March 2, 2000|title=GameSpot's Best 10 Endings|url=http://www.gamespot.com/features/tenspot_bestending/page8.html|url-status=live|archive-url=https://web.archive.org/web/20050219174742/http://www.gamespot.com/features/tenspot_bestending/page8.html|archive-date=February 19, 2005|access-date=August 6, 2020|publisher=GameSpot}}
• {{cite web|date=March 1, 2000|title=GameSpot's Ten Best Endings: RC|url=http://www.gamespot.com/features/tenspot_readers_endings/5.html|url-status=live|archive-url=https://web.archive.org/web/20000301230429/http://www.gamespot.com/features/tenspot_readers_endings/5.html|archive-date=March 1, 2000|access-date=August 6, 2020|publisher=GameSpot}}}} world design,{{plainlist|* {{cite web|title=8 Games That Capture the Infinite Potential of Space|url=https://www.pastemagazine.com/games/8-games-that-capture-the-infinite-potential-of-space/|author=Patrick Lindsey|date=January 7, 2015|publisher=Paste magazine}}
• {{cite web|date=October 18, 2000|title=GameSpot's Top 10 Gameworlds|url=http://www.gamespot.com/features/tenspot_readers_worlds/p2_01.html|url-status=live|archive-url=https://web.archive.org/web/20050228215510/http://www.gamespot.com/features/tenspot_readers_worlds/p2_01.html|archive-date=February 28, 2005|access-date=August 6, 2020|publisher=GameSpot}}
• {{cite web|author=Jeff Drake|date=November 10, 2019|title=The 10 Biggest Open World Games|url=https://gamerant.com/open-world-games-biggest-maps/|access-date=August 6, 2020|publisher=Game Rant}}}} character design,{{plainlist|* {{cite web|date=October 13, 1999|title=The Ten Best Computer Game Villains - The Ur Quan|url=http://www.gamespot.com/features/tenspot_villains/page11.html|url-status=live|archive-url=https://web.archive.org/web/20020823223224/http://www.gamespot.com/features/tenspot_villains/page11.html|archive-date=August 23, 2002|access-date=August 6, 2020|publisher=GameSpot}}
• {{cite web|date=October 12, 1999|title=Reader's Choice: Best Villains - Villains 5-1|url=https://www.gamespot.com/features/tenspot_villains_rc/page8.html/|url-status=live|archive-url=https://web.archive.org/web/19991012071819/https://www.gamespot.com/features/tenspot_villains_rc/page8.html/|archive-date=October 12, 1999|access-date=August 6, 2020|publisher=GameSpot}}}} and music.{{plainlist|* {{cite web|author=Brad Stabler |author2=John Twells |author3=Miles Bowe |author4=Scott Wilson |author5=Tom Lea |date=April 18, 2015|title=The 100 best video game soundtracks of all time|url=https://www.factmag.com/2015/04/28/the-100-greatest-video-game-soundtracks-best-ost/|access-date=August 6, 2020|publisher=FACT}}
• {{cite web|date=October 13, 1999|title=The Ten Best Game Soundtracks|url=http://www.gamespot.com/features/tenspot_music/page9.html|url-status=live|archive-url=https://web.archive.org/web/20030406171219/http://www.gamespot.com/features/tenspot_music/page9.html|archive-date=April 6, 2003|access-date=August 6, 2020|publisher=GameSpot}}
• {{cite web|date=September 1, 1999|title=The Ten Best Game Soundtracks: RC|url=http://www.gamespot.com/features/tenspot_soundtrack/page7.html|url-status=live|archive-url=https://web.archive.org/web/19991012094815/http://www.gamespot.com/features/tenspot_soundtrack/page7.html|archive-date=October 12, 1999|access-date=August 6, 2020|publisher=GameSpot}}}}

Star Control was Ford and Reiche's first collaboration.{{cite book|author=Rusel DeMaria|url=https://books.google.com/books?id=dAF-DwAAQBAJ|title=High Score! Expanded: The Illustrated History of Electronic Games 3rd Edition|date=December 7, 2018|publisher=CRC Press|isbn=978-0-429-77139-2}}{{Cite web|last=Barry White|title=Celebrating 25 years of 'Toys for Bob'|url=https://www.abc10.com/article/tech/gaming/celebrating-25-years-of-toys-for-bob/103-277637813|access-date=May 22, 2020|website=abc10.com|date=May 21, 2014 |publisher=ABC 10}} The sequel was more ambitious, forcing the duo to ask their creative friends for help,{{cite web|last=Kasavin|first=Greg|date=June 27, 2003|title=Greatest Games of All Time - Star Control II (Interview Feature)|url=http://www.gamespot.com/gamespot/features/all/greatestgames/starcon22.html|url-status=live|archive-url=https://web.archive.org/web/20050305195839/http://www.gamespot.com/gamespot/features/all/greatestgames/starcon22.html|archive-date=2005-03-05|access-date=August 6, 2020|website=GameSpot}} and forcing Ford to financially support the team when the production went over schedule.{{cite web|author=Pelit|date=March 21, 2006|title=Star Control - Kontrollin aikakirjat|url=https://www.pelit.fi/artikkelit/star-controlbrkontrollin-aikakirjat/|access-date=August 6, 2020|publisher=Pelit}} Accolade asked Ford and Reiche to make a third game at the same budget, which they turned down to pursue other projects.{{cite book|author=Matt Barton|url=https://books.google.com/books?id=UV7OBQAAQBAJ&pg=PA203|title=Honoring the Code: Conversations with Great Game Designers|date=April 19, 2016|publisher=CRC Press|isbn=978-1-4665-6754-2|pages=203–}} As Reiche and Ford held the copyrights over first two Star Control games, Accolade licensed Reiche and Ford's designs to make Star Control 3 with a different team.{{cite web|author=Alice O'Connor|date=February 23, 2018|title=Star Control lead devs fire back at Stardock lawsuit|url=https://www.rockpapershotgun.com/2018/02/23/star-control-stardock-lawsuit-countersuit/|access-date=August 6, 2020|website=Rock Paper Shotgun}} Released in 1996, Star Control 3 did not enjoy the acclaimed legacy of the first two games, with reviewers noting the change in authorship.{{cite web|author=Logan Booker|date=January 12, 2013|title=Relive The Glory Of Star Control II In Delicious High Definition With Ur-Quan Masters HD|url=https://www.kotaku.com.au/2013/01/relive-the-glory-of-star-control-ii-in-delicious-high-definition-with-ur-quan-masters-hd/|archive-url=https://web.archive.org/web/20130217201928/http://www.kotaku.com.au/2013/01/relive-the-glory-of-star-control-ii-in-delicious-high-definition-with-ur-quan-masters-hd/|url-status=dead|archive-date=February 17, 2013|publisher=Kotaku}}{{cite web|author=Kurt Kalata|date=September 11, 2018|title=Star Control 3|url=http://www.hardcoregaming101.net/star-control-3/|publisher=Hardcore Gaming 101}} Accolade's plans for a fourth Star Control game were ultimately cancelled during development,{{Cite web|last=Dunkin|first=Alan|date=April 28, 2000|title=Star Control 4 Renamed|url=https://www.gamespot.com/articles/star-control-4-renamed/1100-2462887/|access-date=2020-11-24|website=GameSpot|language=en-US}}{{Citation|title=Accolade's Starcon Cancelled - IGN|date=7 October 1998|url=https://www.ign.com/articles/1998/10/07/accolades-starcon-cancelled|language=en|access-date=2020-09-08}} and fans continued to demand a new Star Control game well into the late 2000s.{{Citation|title=Classics Reborn! Vol. 3 - IGN|date=22 April 2004|url=https://www.ign.com/articles/2004/04/22/classics-reborn-vol-3|language=en|access-date=2020-11-16}}{{Citation|title=The Wednesday 10: Franchises We Want Resurrected - IGN|date=4 December 2008|url=https://www.ign.com/articles/2008/12/04/the-wednesday-10-franchises-we-want-resurrected|language=en|access-date=2020-09-08}}File:Star_Control_II_reverse_cover.png cover describes Paul Reiche III and Fred Ford as the Copyright holders, with Accolade holding the trademark.|left]]

By the early 2000s, the Accolade's publishing agreement with Reiche and Ford expired.{{Cite web|last1=Ahmad|first1=Syed|last2=Perez|first2=Adriana A.|date=September 26, 2019|title=When communications with public relations firms are privileged|url=https://www.huntonak.com/images/content/6/0/v2/60127/when-communications-with-public-relations-firms-are-privileged.pdf|access-date=December 13, 2020|website=Westlaw / Thomson Reuters}} This was triggered by a contractual clause when the games were no longer generating royalties, allowing the copyrighted content to revert to Reiche and Ford.{{cite web|author=Hutchison|first=Lee|date=July 7, 2020|editor-last=Dacanay|editor-first=Sean|editor2-last=Niehaus|editor2-first=Marcus|title=Star Control Creators Paul Reiche & Fred Ford: Extended Interview|url=https://arstechnica.com/gaming/2020/07/an-extended-interview-with-star-control-creators-fred-ford-paul-reiche-iii/|url-status=bot: unknown|archive-url=https://web.archive.org/web/20200707194115/https://arstechnica.com/gaming/2020/07/an-extended-interview-with-star-control-creators-fred-ford-paul-reiche-iii/|archive-date=July 7, 2020|archive-format=Transcript|access-date=July 7, 2020|publisher=Ars Technica|quote=Fred Ford: Star Control II, well and Star Control I have always been near and dear to our hearts. It's the first things we worked on, the first things we poured our passion in together. We have some diehard fans as a result of those two games and we wanted to service them and lay the groundwork for a return and keep the games in the fronts of their minds as much as possible so that when we were finally able to return to it we would still have a living audience. {{break}} Paul Reiche: There was a confluence of events that helped this. One was Accolade stopped selling the game and we stopped earning royalties right around your 2000 and that triggered the termination of their exclusive right to sell our game. So we got our game back. What we didn't have was the name Star Control. That was a trademark that the publisher owned and we negotiated back and forth with them, but ultimately we weren't able to come to terms for the name. So we decided, well we can't use that name, let's give it a new name, so we used the Ur-Quan Masters ... So the "Ur-Quan Masters" project, the open-source release of the game we created as Star Control II, that really kept our game alive in the doldrums between say 2001 or 2002 and then 2011 when our games began to be sold again through Good Old Games, known as GOG, which is an electronic distributor of classic games.}}{{Cite web|date=May 15, 2001|title=Interview with Fred Ford|url=http://www.classicgaming.com:80/starcontrol/history/fford4.shtml|archive-url=https://web.archive.org/web/20010515133200/http://www.classicgaming.com:80/starcontrol/history/fford4.shtml|archive-date=May 15, 2001|access-date=November 29, 2020|website=classicgaming.com|quote=Fred Ford: [Accolade] owe us another payment for our portion of the property. They have told us they are going to default on this payment which means we are back to owning the characters and settings. They still own the trademark/name and continue to look for someone to buy it from them.}} As the games were no longer available in stores, Reiche and Ford wanted to keep their work in the public eye, to maintain an audience for a potential sequel. Reiche and Ford still owned the copyrights in Star Control I and II, but they could not successfully purchase the Star Control trademark, leading them to consider a new title for a potential follow-up.{{cite web|last=Hutchinson|first=Lee|date=October 18, 2016|title=A first look at Star Control: Origins gameplay—prequel due for release in 2H17|url=https://arstechnica.com/gaming/2016/10/a-first-look-at-star-control-origins-gameplay-prequel-due-for-release-in-2h17/|access-date=January 2, 2019|work=Ars Technica}} This led them to remake Star Control II as The Ur-Quan Masters,{{cite web|author=Trey Walker|date=2002-06-26|title=Star Control II remake in the works|url=https://www.gamespot.com/articles/star-control-ii-remake-in-the-works/1100-2872407/|work=GameSpot}} which they released in 2002 as a free download under an open source copyright license.{{cite web|last=Wen|first=Howard|date=11 August 2005|title=The Ur-Quan Masters|url=http://www.linuxdevcenter.com/pub/a/linux/2005/08/11/ur-quan.html|archive-url=https://web.archive.org/web/20160316091529/http://www.linuxdevcenter.com/pub/a/linux/2005/08/11/ur-quan.html|archive-date=2016-03-16|work=linuxdevcenter.com|publisher=O'Reilly Media|quote=When the original developers of Star Control 2 contacted the online Star Control fan community, they presented an enticing question: if they released the source to the 3DO version of Star Control 2 under GPL, would anybody be interested in porting it to modern-day computers? Michael Martin, a 26-year-old Ph.D. student at Stanford University, answered the call. After removing proprietary 3DO-specific components from the code, the developers released the source for Star Control 2 to the public.}} The official free release prevented the game from becoming abandonware.{{Cite book|last=Fox|first=Matt|url=https://books.google.com/books?id=LVc1QNGo_g0C&q=abandonware+star+control&pg=PA372|title=The Video Games Guide: 1,000+ Arcade, Console and Computer Games, 1962-2012, 2d ed.|date=2012-12-01|publisher=McFarland|isbn=978-1-4766-0067-3|language=en}}

Meanwhile, the Star Control trademark was transferred to Infogrames Entertainment. This happened when Star Control publisher Accolade sold their company to Infogrames in 1999,{{Cite news|date=April 20, 1999|title=Company News; Accolade is Bought by Infogrames Entertainment |work=The New York Times|url=https://www.nytimes.com/1999/04/20/business/company-news-accolade-is-bought-by-infogrames-entertainment.html|access-date=October 21, 2020|issn=0362-4331}} who merged with Atari and re-branded under the Atari name in 2003.{{Cite web|last=Haywald|first=Justin|date=May 29, 2009|title=Atari Sheds Infogrames Branding: News from 1UP.com|url=http://www.1up.com/news/atari-sheds-infogrames-branding|archive-url=https://web.archive.org/web/20160608160103/http://www.1up.com/news/atari-sheds-infogrames-branding|archive-date=June 8, 2016|access-date=October 21, 2020|website=1up}} In 2011, GOG.com began selling a Star Control re-release on their digital store.{{Cite web|title=New release: Star Control 1+2|url=https://www.gog.com/news/new_release_star_control_1_2|access-date=2020-11-15|website=GOG.com}} Ford contacted the sales platform, saying they could not sell the games without permission, leading GOG.com to separately license the Star Control trademark from Atari, and the games themselves from Reiche and Ford.{{Cite web|date=September 17, 2018|title=Stardock Systems, Inc. v. Paul Reiche III, et al. - Reiche and Ford's Opposition to Stardock's Ex Parte Motion: Exhibit 8|url=https://www.courtlistener.com/recap/gov.uscourts.cand.320268/gov.uscourts.cand.320268.64.9.pdf}}

Atari declared bankruptcy in 2013, and their assets were listed for auction.{{Cite web|title=World of Tanks Dev Bids on Auctioned Atari Assets {{!}} The Escapist|url=https://v1.escapistmagazine.com/news/view/126181-World-of-Tanks-Dev-Bids-on-Auctioned-Atari-Assets|access-date=2020-11-15|website=v1.escapistmagazine.com|date=July 22, 2013 |language=en|archive-date=September 25, 2020|archive-url=https://web.archive.org/web/20200925015102/https://v1.escapistmagazine.com/news/view/126181-World-of-Tanks-Dev-Bids-on-Auctioned-Atari-Assets}} Stardock became the top bidder on Atari's Star Control intellectual property.{{Cite magazine|last=Hilliard|first=Kyle|title=Wargaming And Stardock Entertainment Obtain Atari Franchises At Bankruptcy Auction|url=https://www.gameinformer.com/b/news/archive/2013/07/21/atari-auctioning-off-assets-to-wargaming-and-stardock-entertainment.aspx|archive-url=https://web.archive.org/web/20130724031200/http://www.gameinformer.com/b/news/archive/2013/07/21/atari-auctioning-off-assets-to-wargaming-and-stardock-entertainment.aspx|url-status=live|archive-date=July 24, 2013|access-date=2020-11-15|magazine=Game Informer|language=en}} Upon hearing the news, Paul Reiche indicated that he still owned the copyright in the original Star Control games, so Stardock must have purchased the Star Control trademark, and this was confirmed by Stardock.{{Cite web|date=2013-07-23|title=Open source Star Control 2 team express doubts over Atari IP sale|url=https://www.pcinvasion.com/open-source-star-control-2-team-express-doubts-over-atari-ip-sale/|access-date=2020-11-15|website=PC Invasion}}{{Cite web|title=There's a new Star Control coming!|url=https://www.criticalhit.net/gaming/theres-a-new-star-control-coming/|access-date=2020-11-16|website=Critical Hit|date=24 July 2013|language=en-GB}} Indeed, the Atari asset purchase agreement listed two assets sold to Stardock: the Star Control trademark and the Star Control III copyright. As Stardock began developing their new Star Control game, they re-iterated that they did not acquire the copyright to the first two games, and that they would need a license from Reiche and Ford to use their content and lore.{{cite web|last=Hutchinson|first=Lee|date=July 24, 2013|title=Stardock acquires Star Control rights in fire sale, plans reboot|url=https://arstechnica.com/gaming/2013/07/stardock-acquires-star-control-rights-in-fire-sale-plans-reboot/|access-date=January 2, 2019|work=Ars Technica}}{{Cite web|last=Bradley Wardell|date=September 3, 2015|title=Star Control: September 2015 update|url=http://forums.starcontrol.com/471109/page/3|url-status=live|archive-url=https://web.archive.org/web/20160826230848/http://forums.starcontrol.com/471109/page/3|archive-date=2016-08-26|access-date=January 2, 2019|website=Stardock|quote=... my position is that Stardock doesn't have the legal rights to the original lore either. Or, if we did, we have long since refuted those rights. The Star Control classic lore are the copyright of Paul Reiche and Fred Ford.}} Reiche and Ford echoed this understanding in a 2015 Game Developer Conference interview, stating that Stardock's game would use the Star Control trademark only.{{cite web|author=Fred Ford & Paul Reiche III|date=June 30, 2015|title=Classic Game Postmortem: Star Control|url=https://www.youtube.com/watch?v=Napx0MjivCM|access-date=October 22, 2020|via=YouTube|publisher=Game Developers Conference|quote=Paul Reiche III: When Accolade / Atari / the various companies that acquired it went out of business, they had the trademark Star Control. All of the material, all the aliens, all of the story belongs to Fred and myself. So they're taking the Trademark and moving forward with that.}}

File:Star-Control-Universe-1280x1081.png in September 2017,{{Cite web|last=Axon|first=Samuel|date=2017-10-19|title=Stardock CEO talks Star Control: Origins' player crafting and upcoming beta|url=https://arstechnica.com/gaming/2017/10/stardock-ceo-talks-star-control-origins-player-crafting-and-upcoming-beta/|access-date=2020-11-18|website=Ars Technica|language=en-us}} illustrating Stardock's planned connection between Star Control: Origins and a "Future Fred Paul Sequel"]]

In September 2015, Stardock announced that their new game Star Control: Origins would be a prequel to Star Control.{{cite web|author=Bradley Wardell|date=September 3, 2015|title=Star Control: September 2015 update|url=http://forums.starcontrol.com:80/471109/page/3|url-status=live|archive-url=https://web.archive.org/web/20190103001617/http://forums.starcontrol.com:80/471109/page/3|archive-date=2019-01-03|access-date=January 2, 2019|publisher=Stardock|quote=The new Star Control is a prequel. It takes place before the events of the original series.}} Through email, Stardock asked Reiche and Ford for a license to use their character designs, but the duo repeatedly declined. By 2016, Stardock described Origins as an alternative timeline in the same Star Control multiverse, but with none of the older games' characters, to avoid infringing on Reiche and Ford's copyrighted lore. Despite Stardock's continued offers, Reiche and Ford declined to collaborate on Origins, citing a desire to create their own sequel once they finished their ongoing projects with Activision.

In October 2017, Stardock began selling the older Star Control games via the Steam store, as a promotion for Origins.{{cite web|last=Horti|first=Samuel|date=October 21, 2017|title=Classic '90s space strategy games Star Control 1 & 2 land on Steam|url=https://www.pcgamer.com/early-90s-space-strategy-games-star-control-1-2-land-on-steam/|access-date=January 2, 2019|work=PC Gamer}} Through email, the parties began to dispute what legal rights Stardock had purchased from Atari,{{cite web|last=Hall|first=Charlie|date=February 23, 2018|title=Star Control's original creators and new owners are in a legal war|url=https://www.polygon.com/2018/2/22/17041632/star-control-stardock-brad-wardell-lawsuit|access-date=January 2, 2018|work=Polygon}} and whether that included distribution rights over the original series. Despite private negotiations, Stardock declined to stop selling the games, leading Reiche and Ford to formally request that Steam remove the original series from their store via a Digital Millennium Copyright Act (DMCA) takedown notice. Stardock formally contested the notice, and the sales continued. When Reiche and Ford publicly announced that they did not consent to Stardock's sale of the original series, Stardock announced that they had purchased the Star Control publishing rights from Atari, while Reiche and Ford responded that Atari's publishing rights had lapsed by Atari's own admission.{{cite magazine|last=Parfitt|first=Ben|date=December 6, 2017|title=Star Control devs and Stardock locked in dispute|url=https://www.mcvuk.com/business/star-control-devs-and-stardock-locked-in-dispute|access-date=January 2, 2018|magazine=MCV}}

Also in October, Reiche and Ford announced Ghosts of the Precursors as a direct sequel to Star Control II.{{cite web|last=O'Conner|first=Alice|date=October 11, 2017|title=Star Control 2 creators finally making sequel|url=https://www.rockpapershotgun.com/2017/10/11/star-control-ii-devs-finally-making-sequel/|access-date=January 2, 2019|website=Rock Paper Shotgun}} Initially, Stardock supported this announcement for Ghosts of the Precursors as a "true sequel to Star Control 2",{{cite web|author=Austin Wood|date=October 10, 2017|title=25 years later, Star Control 2 is getting a direct sequel|url=https://www.pcgamer.com/25-years-later-star-control-2-is-getting-a-direct-sequel/|publisher=PC Gamer|quote=Bradley Wardell: [Paul Reiche] asked us not to try to make a sequel to Star Control 2 and said that he hoped one day to be able to return to the universe he and Fred Ford created. Recently, Paul told me the good news: Activision was going to let him do a true sequel to Star Control 2.}} and claimed their new Origins game would take place in an alternate universe that split off from the original series' universe.{{cite web|last=Axon|first=Samuel|date=October 19, 2017|title=Stardock CEO talks Star Control: Origins' player crafting and upcoming beta|url=https://arstechnica.com/gaming/2017/10/stardock-ceo-talks-star-control-origins-player-crafting-and-upcoming-beta/|access-date=January 2, 2019|work=Ars Technica}} By December 1, Reiche and Ford announced that Stardock had not negotiated their legal permissions, and that "our games' universe has absolutely no connection, hyper-dimensional or otherwise".{{Cite web|title=Star Control's future may be in jeopardy because of legal squabbling|url=https://www.criticalhit.net/gaming/star-controls-future-may-jeopardy-legal-squabbling/|access-date=2020-09-08|website=Critical Hit|date=4 December 2017|language=en-GB}}{{Cite web|last=Shoemaker|first=Richie|date=2018-01-17|title=The galactic tussle at the heart of Star Control: Origins|url=https://www.eurogamer.net/articles/2018-01-17-the-galactic-tussle-at-the-heart-of-star-control-origins|access-date=2020-09-08|website=Eurogamer|language=en}} Responding to allegations that Stardock threatened to stop Reiche and Ford from releasing Ghosts of the Precursors, Stardock announced their lawyers would handle the dispute.{{cite news|author=James Cunningham|date=December 2, 2017|title=Bad Blood, IP Issues Have Stardock, Toys for Bob Squabbling for Star Control|publisher=Hardcore Gamer|url=https://www.hardcoregamer.com/2017/12/02/bad-blood-ip-issues-have-stardock-toys-for-bob-squabbling-for-star-control/281726/}}

File:Star_Control_II_cover.jpg claimed that Reiche and Ford's blog post about Ghosts of the Precursors infringed the Star Control trademark by featuring the Star Control II cover art.]]

On December 8, 2017, Stardock filed a lawsuit against Reiche and Ford in the U.S. District Court for the Northern District of California. Stardock's main contention was that their Star Control trademark was infringed when Reiche and Ford announced Ghosts of the Precursors as a "direct sequel" to Star Control II. Stardock further contended that Reiche and Ford were not the creators of Star Control, and were misleading consumers about their involvement in the series. In the months that followed, Stardock applied for more than 20 new trademarks, and filed an amended claim in March 2018 to claim ownership over them. These trademark applications included names of alien races from the original Star Control, and the mark The Ur-Quan Masters.{{cite web|date=March 21, 2018|title=Battle over Star Control franchise escalates, settlement offer leaked online|url=https://www.polygon.com/2018/3/21/17146940/star-control-leak-settlement-offer-stardock-reiche-ford-wardell|access-date=January 2, 2019|work=Polygon}} If authorized by the United States Patent and Trademark Office, Stardock's new trademarks could have the effect of preventing Reiche and Ford from using those aliens in a new game.{{Cite web|date=2017-12-02|title=Star Control's future is in question as Ghosts of The Precursors devs legally clash with Stardock {{!}} PCGamesN|url=https://www.pcgamesn.com/ghosts-of-the-precursors/ghosts-of-the-precursors-legal-clash-star-control|access-date=2020-11-16|archive-url=https://web.archive.org/web/20171202172004/https://www.pcgamesn.com/ghosts-of-the-precursors/ghosts-of-the-precursors-legal-clash-star-control|archive-date=2017-12-02}} When correspondence surfaced that Stardock planned to use The Ur-Quan Masters and Star Control trademarks to shut down criticism from both games' fan forums, Stardock CEO Brad Wardell responded that this was a moment of anger and he had no intention of actually doing so.{{Cite web|last=Wardell|first=Brad|date=September 23, 2018|title=Regarding 'Star Control: Origins' and Stardock|url=https://forum.uqm.stack.nl/index.php?topic=7396.msg79430#msg79430|url-status=live|archive-url=https://web.archive.org/web/20200815020002/https://forum.uqm.stack.nl/index.php?topic=7396.msg79427#msg79427|archive-date=August 15, 2020|access-date=2020-11-17|website=forum.uqm.stack.nl|quote=Bradley Wardell: ... members of the community insisted that we needed to send Serge and co a trademark license in order to send a message that Stardock would not interfere with the UQM project. Thus, this past Summer, I relented and asked the lawyers to draft up a very short licensing agreement for the trademarks in question and sent it over. Your first response was simply to state that you didn't think you needed to sign a licensing agreement which echoed my position and I've seen no reason to pursue it further. If I don't see a reason and you don't see a reason then when should we invest time and energy pursuing it further? With regards to my *private* venting regarding some of the extremely toxic and hate-filled posts that have been directed at me *personally* from this forum. It is true that on occasion I have vented that this forum (not the project but the forum) should be shut down. ... But I would like to think that most of you understand the difference between being angry versus acting on that anger. We have not, nor do we plan to, take any action against any Star Control fan community.}}

In February 2018, Reiche and Ford answered Stardock's complaint by asserting several defenses, as well as raising a counterclaim against Stardock for copyright infringement.{{Cite web|date=2018-02-23|title=Stardock Counter-Sued for Copyright Theft by Star Control Creators|url=https://in.ign.com/star-control-origins/119193/news/stardock-counter-sued-for-copyright-theft-by-star-control-creators|access-date=2020-11-15|website=IGN India|language=en-in}} Reiche and Ford argued that their Ghosts of the Precursors announcement did not infringe Stardock's trademark, and suggested that Atari's trademark renewal was invalid given that Star Control was not used in trade for several years. Reiche and Ford also counterclaimed that Stardock was liable for copyright infringement due to Stardock's unauthorized use of characters and designs from Star Control I and II, and unauthorized sale of the original games. Reiche and Ford further pointed out that Stardock had no valid copyright or distribution rights because, under their original contract, Accolade had lost those rights in 2001 when it ceased to sell the games in stores. Reiche and Ford also represented that they never authorized Atari or Stardock to distribute their games, but that they did authorize GOG.com. Reiche and Ford further contested Stardock's claim over The Ur-Quan Masters trademark, and alleged that Stardock had misled customers about the duo's involvement with Origins.

File:Classic_Game_Postmortem-_Star_Control_(16552069930).jpg interview, Reiche and Ford stated that they held the copyright in the first two games. Stardock later sued them personally in 2017.]]

In March 2018, Reiche and Ford described an alleged settlement offer made by Stardock, asking Reiche and Ford to compensate Stardock {{USD|225,000}} in damages, assign their Star Control intellectual property to Stardock, and refrain from making any game in the same genre as Stardock for five years. Reiche and Ford rejected this settlement as "unfathomable". Stardock responded that the two has misrepresented the terms of the confidential settlement offer, leading Reiche and Ford to publish the settlement offer publicly.{{cite web|last=Batchelor|first=James|date=March 22, 2018|title=Star Control legal battle intensifies as alleged settlement offer surfaces|url=https://www.gamesindustry.biz/articles/2018-03-22-star-control-legal-battle-intensifies-as-alleged-settlement-offer-surfaces|access-date=January 2, 2019|work=GamesIndustry.biz}}{{Cite web|title=Stardock's Settlement Agreement, March 12, 2018|url=https://issuu.com/dogarandkazon/docs/settlement_agreement__stardock_vs_r|access-date=2020-11-16|website=Issuu|date=March 25, 2018 |language=en}} A week later, the court ordered the parties to keep all settlement negotiations confidential.{{Cite web|last=Spero|first=Joseph C.|date=March 29, 2018|title=Order Regarding Settlement Discussions|url=https://www.courtlistener.com/recap/gov.uscourts.cand.320268/gov.uscourts.cand.320268.36.0.pdf|access-date=December 13, 2020|website=United States District Court - Northern District of California}} As Reiche and Ford were sued personally, they turned to crowdfunding to pay for some of their legal costs.{{Cite web|date=2018-06-25|title=Star Control Creators Crowdfunding $2M to Defend Against Stardock Lawsuit|url=https://www.gamerevolution.com/news/400177-star-control-creators-crowdfunding-2m-to-defend-against-stardock-lawsuit|access-date=2020-11-16|website=GameRevolution}}

File:Judge Saundra Brown Armstrong official portrait by Scott Johnston, oil on linen 38x26 inches, collection of the United States District Court of Northern California, Oakland.jpg denied Stardock's motion for an injunction against Reiche and Ford.]]

On September 7, 2018, Stardock filed a motion with the Court requesting a preliminary injunction preventing Reiche and Ford from issuing a DMCA takedown notice against Stardock's forthcoming Origins game.{{cite news|date=January 2, 2018|title=Star Control: Origins removed from Steam by DMCA|website=Rock Paper Shotgun|url=https://www.rockpapershotgun.com/2019/01/02/star-control-origins-removed-from-steam-by-dmca/|access-date=January 2, 2018}}{{cite web|last=Hall|first=Charlie|date=January 2, 2018|title=Star Control: Origins removed from Steam, GOG following DMCA claim|url=https://www.polygon.com/2019/1/2/18165274/star-control-origins-removed-from-steam-gog-dmca|access-date=January 2, 2018|work=Polygon}} Judge Saundra Brown Armstrong denied Stardock's request on December 27, 2018, agreeing with Reiche and Ford that Stardock had been aware of the intellectual property issues by their own admission, but still started work on a potentially infringing product, calling the situation one of Stardock's own making. Describing some of the claims as "frivolous", Judge Armstrong wrote:{{blockquote

| quote = Defendants [(Reiche and Ford)] object to Wardell's declaration [that] "Stardock has not incorporated any copyrightable artwork from Star Control I, Star Control II or Star Control III into the Origins game itself," on the ground that Wardell lacks the expertise necessary to opine as to what constitutes "copyrightable artwork". Indeed, not only has Wardell failed to establish any such expertise, but his opinion as to whether the work in question is "copyrightable" constitutes an improper legal conclusion. Such legal conclusions are without evidentiary value.

...

Plaintiff [(Stardock)] had knowledge of Defendants' copyright claims from the outset. Despite that knowledge, it developed potentially infringing material without resolution of the IP ownership issues, and then publicized the release of that material during the pendency of this action. It now claims that its investment in Origins and reputation are on the line. Given that Plaintiff largely created the foregoing predicament, the Court is disinclined to extricate Plaintiff from a peril of its own making.

}}

After the ruling, Reiche and Ford issued a DMCA takedown notice to Steam and GOG.com. Stardock did not file a counter-notice, and the games were subsequently removed from sale at the beginning of 2019.{{cite web|author=Lee Hutchinson|date=January 2, 2019|title=Original Star Control Creators Deploy Nuclear Option Against Stardock|url=https://arstechnica.com/information-technology/2019/01/original-star-control-creators-deploy-nuclear-option-against-stardock/|access-date=January 2, 2019|website=Ars Technica}} Reiche and Ford defended the DMCA takedown requests by pointing out that the substantial similarities between Origins and Star Control II were evidence of intentional copying, in violation of copyright.{{cite web|last=Hall|first=Charlie|date=January 3, 2019|title=Star Control creators defend their DMCA claim against Star Control: Origins|url=https://www.polygon.com/2019/1/3/18167140/star-control-origins-creators-dmca-stardock|access-date=January 3, 2019|work=Polygon}} Later that month, both Steam and GOG.com restored Origins for sale. When Stardock owner Brad Wardell mentioned that the digital stores had reviewed and reconsidered the takedown, Polygon revealed correspondence where Stardock offered to accept potential copyright liability and secure both stores from the consequences of litigation.{{cite web|last=Hall|first=Charlie|date=January 30, 2019|title=Stardock says it's the victim of DMCA abuse as Star Control: Origins returns to Steam, GOG|url=https://www.polygon.com/2019/1/29/18202756/star-control-origins-returned-to-sale-steam-gog-dmca-ford-reiche-lawsuit|access-date=January 30, 2019|work=Polygon}}

In June 2019, the parties agreed to a settlement,{{Cite web |last=Hutchinson |first=Lee |date=2019-06-11 |title=Stardock and Star Control creators settle lawsuits—with mead and honey |url=https://arstechnica.com/gaming/2019/06/stardock-and-star-control-creators-settle-lawsuits-with-mead-and-honey/ |access-date=2020-11-16 |website=Ars Technica}} with Reiche and Ford owning the right to continue their series, while Stardock owns the right to use the Star Control name for a separate game.{{Cite web |last=Bailey |first=Dustin |date=2024-04-16 |title=After 32 years, the 1992 open-world space game that helped inspire Mass Effect is getting a proper sequel |url=https://www.gamesradar.com/after-32-years-the-1992-open-world-space-game-that-helped-inspire-mass-effect-is-getting-a-proper-sequel/ |access-date=2024-08-18 |website=GamesRadar+ |language=en}}{{Cite web |last=Cunningham |first=James |date=2024-02-19 |title=Star Control II Lands on Steam (Again) as Free Stars: The Ur-Quan Masters |url=https://hardcoregamer.com/star-control-ii-lands-on-steam-again-as-free-stars-the-ur-quan-masters/ |access-date=2024-08-18 |website=Hardcore Gamer |language=en}} Reiche and Ford would use a new name for their fictional universe,{{Cite web |last=Cunningham |first=James |date=2024-05-01 |title=Same Universe with a New Name, Discussing Free Stars: Children of Infinity |url=https://hardcoregamer.com/same-universe-with-a-new-name-discusssing-free-stars-children-of-infinity/ |access-date=2024-08-18 |website=Hardcore Gamer |language=en}} while Stardock promised to avoid using any plots, characters, or locations that would infringe on Reiche and Ford's copyrights. Both sides agreed that Stardock will own the Star Control trademark, and Reiche and Ford will own the Ur-Quan Masters trademark, with a perpetual trademark license to the Ur-Quan Masters fan community for their open source project.{{Cite web|last=O'Connor|first=Alice|date=2019-06-12|title=Star Control lawfight settled by bees|url=https://www.rockpapershotgun.com/2019/06/12/star-control-lawfight-settled-by-bees/|access-date=2020-11-29|website=Rock Paper Shotgun|language=en-US}} As part of this, Stardock dropped their trademark claims to the alien names from the first two games. Reiche and Ford also agreed to remain quiet about Ghosts of the Precursors for a few years, and rename their eventual sequel. Reiche and Ford later announced Free Stars: Children of Infinity as a sequel to The Ur-Quan Masters, which they re-released under the new "Free Stars" series name.{{Cite news |last=Smith |first=Graham |last2= |first2= |date=2024-04-20 |title=Free Stars: Children Of Infinity, name-swapped sequel to Star Control 2, has tripled its crowdfunding goal |url=https://www.rockpapershotgun.com/free-stars-children-of-infinity-name-swapped-sequel-to-star-control-2-has-tripled-its-crowdfunding-goal |access-date=2024-08-18 |work=Rock, Paper, Shotgun |language=en}}{{Cite web |last=Serin |first=Kaan |date=2024-05-19 |title=Free Stars, sequel to the 1992 open-world game that inspired Mass Effect, smashes its Kickstarter campaign over 600% funded |url=https://www.gamesradar.com/games/open-world/free-stars-sequel-to-the-1992-open-world-game-that-inspired-mass-effect-smashes-its-kickstarter-campaign-over-600-funded/ |access-date=2024-08-18 |website=gamesradar |language=en}}{{Cite web |last=Smith |first=Ed |date=2024-05-01 |title=32 years since it first launched, one classic PC space game is getting a big new sequel |url=https://www.pcgamesn.com/free-stars-children-of-infinity/steam-space-game |access-date=2024-08-18 |website=PCGamesN |language=en-US}}

• Copyright protection for fictional characters
• Anderson v. Stallone
• DC Comics v Mark Towle
• Nichols v. Universal Pictures Corp.
• Suntrust Bank v. Houghton Mifflin Co.

{{reflist}}

• [https://www.courtlistener.com/recap/gov.uscourts.cand.320268/gov.uscourts.cand.320268.102.0.pdf Order by Judge Saundra Brown Armstrong denying 56 Motion for Preliminary Injunction]
• [https://www.courtlistener.com/docket/6239751/stardock-systems-inc-v-paul-reiche-iii/ Legal filings by both parties]

{{Star Control}}

{{Video game copyright}}

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