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by wickedlogic 3152 days ago
We should start by not calling it intellectual property (IP). Clearly this is not servicemark, trademark, etc. Is copyright actually preventing this?
2 comments

Except it is exactly Trademark related. They weren't ask to turn off the server, they were asked to stop distributing EA assets:

Dear [REDACTED],

I write on behalf of Electronic Arts Inc. and its development studio DICE or, in other words, "those guys that make Battlefield."

We've noticed that Revive Network has several projects and websites devoted to being a Medic by reviving older Battlefield games, including Battlefield Heroes, Battlefield 2, and Battlefield 2142. It's great to see your enthusiasm for these titles. Not to brag, but we too get the nostalgia chills when booting up these classic entries in the Battlefield franchise.

We need a favor though: we must ask that you stop throwing down Ammo Crates. In other, more legal-styled terms, please stop distributing copies of our game clients and using our trademarks, logos, and artwork on your sites. Thing is, your websites may easily mislead visitors to believe that you are associated or affiliated with EA we're the only ones that get to wear the Official EA dog tag. Since you're Battlefield community members, we know that you are smart and helpful, and will respect that we must protect our intellectual property rights in the franchise.

Please drop us a line to let us know you're on board with this. Should you have any questions regarding all this, please do not hesitate to contact me via e-mail at [REDACTED]@ea.com.

Thanks,

[REDACTED] IP Counsel Electronic Arts Inc.

My comment still stands. Likely? they could have fixed their infringing acts.

Trademark infringement is not what took down this service (or so motivated these people to take down the service). I have yet to read an "IP" compliance request that was accurate, truthful, or aligned with achieving a correct legal understanding between parties. This is not an accident. The use of that term creates an artificial whole, which is then used to imply greater authority over the sum of the parts.

My comment is on the prior comment, which is about the concept... not this specific instance, even though it is still applicable.

IANAL but as I understand it video games are IP.

What I'm suggesting is that if an IP is abandoned in a meaningful way (such as server support for a multiplayer game) then the IP owner should not be allowed to prevent others from replicating that functionality.

A few details still have to be hashed out though: can people charge for the use of their third party servers? Are new players required to purchase the game from the owner? What rights, if any, does the owner have regarding online configuration and interaction for a game they no longer support? If the owner stops distributing the game do they lose the right to demand payment for each copy distributed by a third party, either for pay or for free? I don't know these answers, but it's a better alternative to our outdated IP system.

"Use It Or Lose It" should be the IP motto in the Information Age.

> as I understand it video games are IP

What I think wickedlogic means is that the term "IP" is often used as a catch-all term for legal frameworks that are very dissimilar, and the various sides of "IP" should be treated very differently.

As a catch-all term it might seem useful because it's short, but it's often used to confuse and divide.

As an example: for Free Software,

-software patents are just a terrible idea

-copyright is broken, but usable

-trademarks are important

Three different branches of "IP," with widely varying consequences and implications.

If someone talks to you about "IP," ask them to be specific, even if just to make sure you're talking about the same thing.