Smurf Bizkit 0 Report post Posted September 9, 2006 Halogen got foxed, and is as of now dead. They've been in production for years now (some of that time spent here at DS) and just now suddenly they get the "cease and desist" email. My sincere condolences go out to the Halogen team, since they are all great and talented guys and the mod itself was shaping up to be one for the C&C modding record books. This is a sad day for C&C modding. I do want to make it clear that it seems like Bungie doesn't like this at all, but is pressured into it by the all-mighty Microsoft. Dear Friends, For the last three years, we've worked incessantly to bring you the best Halo mod that we could. There have been a lot of ups and downs, but somehow Halogen has always managed to come out kicking. The problem with using copyrighted intellectual property as a base for a fan project is that you're very susceptible to legal action. We always figured that since Halogen was such a different take on the Halo franchise, we might manage to make it without incident. That changed today. Hours ago, we finally recieved the words we've been dreading since the mod started to get noticed. Microsoft has decided that we are infringing on the intellectual property of Bungie Studios and has asked us to stop development on Halogen. I was going to write a big sappy letter here, but what's the point. So..that's it then, I guess. The forums, site, and Moddb profile will all be shut down within the week. I can't say it hasn't been fun. It's a shame it has to end like this, but I suppose that's how it goes. Thanks, guys, for all the time you've spent supporting us. It's been a pleasure. We hate this as much as you do. - The Halogen Team Soapbox Lets play hypotheticals here, lets say they were making a Halo RTS game then yea I suppose they might have a slight justification but would Halogen really affect that game's sales? For one thing we're talking a Generals mod up against what I'd assume would be a next-gen RTS title backed by millions of dollars in marketing. Regarding the actual potential legal action, I doubt that in court it could hold up at all. Microsoft would have to proove that it would cause a loss of sales, and cite past examples. While on the other hand the Halogen team could cite that it might actually help sales. Of course this is all moot because last I checked no one on the Halogen team has the means to support a protracted legal action. I'd also like to point out the fact that Blitzkrieg 2 has the exact same name as a retail RTS game. Although the situation is different (you cannot trademark that word), the result is what I'd imagine would be the same a mutually beneficial arrangement. Google "Blitzkrieg 2" and see which comes up first, their game helped our visibility and I'm sure it helped them a bit as well (hell, we got more page-space in most magazines than they did). Share this post Link to post Share on other sites
AshJW 0 Report post Posted September 9, 2006 hey, thanks for the support. Good to know the folks back here dont harbor any ill will. Share this post Link to post Share on other sites
Opals25 0 Report post Posted September 9, 2006 hey, thanks for the support. Good to know the folks back here dont harbor any ill will. Indeed. It's good to see. Share this post Link to post Share on other sites
TopazFreno 0 Report post Posted September 9, 2006 I'm glad that DS is supportive of Halogen, and we now know that there is sufficient backing for our community to survive. ;) Share this post Link to post Share on other sites
Sc4Freak 0 Report post Posted September 9, 2006 Thanks, all. Share this post Link to post Share on other sites
Smartmlp 0 Report post Posted September 9, 2006 I’m pro-Microsoft for the most part, I’m just mad because they didn’t do this sooner. It would have saved you guys so much wasted time. You could consider making a “clone” that is, changing it so it’s not the same but the same, if you catch my drift. Share this post Link to post Share on other sites
Mister Ninja 0 Report post Posted September 9, 2006 heh, I thought it was a joke when it was posted over at ssp. Since it's posted here to though, I guess not. Share this post Link to post Share on other sites
Count von Phoib 0 Report post Posted September 9, 2006 Good god... This is a bad dream, from which I should awake...? Share this post Link to post Share on other sites
flyby 0 Report post Posted September 9, 2006 Damn, they had done an excellent job so far. I regret the loss of all the work and effort... What it teaches us here at DS is NOT to be tempted to remake any commercial available games. You can not dodge the copyright issues, ceratinly not if your mod has given them some ideas... http://forums.slipstreamproductions.net/in...t=0entry78855 Share this post Link to post Share on other sites
Goblin 0 Report post Posted September 9, 2006 Aww man. I don't even know what to say about this... Share this post Link to post Share on other sites
PsiSoldier28 0 Report post Posted September 9, 2006 (edited) Bullcrap... You can't copywrite a bunch of 1's & 0's! Edited September 9, 2006 by PsiSoldier28 Share this post Link to post Share on other sites
Sc4Freak 0 Report post Posted September 9, 2006 Unfortunately, they can. And they have. Share this post Link to post Share on other sites
BoB 0 Report post Posted September 9, 2006 (edited) I'm all for copyright protection, but in this case I dont think the mod would cause any harm to the brand at all, and it is not a commercial mod (to make any money). As Smurf says, it'd be very interesting to see in court if someone in the community wins the lottery... -Edit taking this a bit further... if they can stop a mod with little or no impact on their retail games which people are doing in their spare time for fun... then surely the same principle could be used to stop little kids to run around pretending to be Superman because any future MMORPG of Superman would be adversely affected by people actually doing the same fantasy stuff in the real world an in their own heads? Edited September 9, 2006 by BoB Share this post Link to post Share on other sites
flyby 0 Report post Posted September 9, 2006 The error made here was to ride the brand name wagon. They’ve used the reference to HALO in their name, used the same typographic and used the units that are presented in the game. As a result they're "stealing" (not intentionally) the game's image branding, but the models are theirs. Period. The only sensible way to not waste all the work, is to get rid of all the HALO branding and rename all units and structures so that no link exists with the HALO universe. Then technically, there is nothing Microsoft can enforce upon them. Call the game "Aurora Prime" or something and you're freed of any copyright burden... Share this post Link to post Share on other sites
flyby 0 Report post Posted September 9, 2006 I guess you didn't read between the lines there... They are planning an RTS themselves, so it is logical, from a business point of view, to eliminate anyone that is using the brand without permission. The point is not whether or not you make money of using the brand, but whether you're authorized to use it. Even a moral appreciation whether or not the mod hurts their retail game is not at stake here. Even if your motive was to fund a charity project, you're still not allowed to use the HALO branding without permission... It's really simple actually: Do you have permission or NOT to use the HALO name branding? If not, keep of the grass! It's their prairie... Share this post Link to post Share on other sites
Sasquatch 0 Report post Posted September 9, 2006 microsoft owns our lives. Just think of how much damage they could do with a patch that kills all windows computers.... Power grids, Hospitals, Commerce..... Share this post Link to post Share on other sites
darkjedi 0 Report post Posted September 9, 2006 microsoft owns our lives. Just think of how much damage they could do with a patch that kills all windows computers.... Power grids, Hospitals, Commerce..... that woulda sucked...but then again, who knows if they're doing it already . Then again, I guess one positive way of looking at this is that Microsoft or Bungie is going to make a RTS version of HALO Share this post Link to post Share on other sites
usafirewarrior 0 Report post Posted September 9, 2006 They killed halogen, YOU BASTARDS. Share this post Link to post Share on other sites
pinbag 0 Report post Posted September 9, 2006 I was looking out for that mod :( So if i get it right, you have to make a parody of the real game to make a mod ? Share this post Link to post Share on other sites
the_annihilator 0 Report post Posted September 9, 2006 NOOOO!!!! I come back to the site and i see this! I was looking forward to Halogen :( Share this post Link to post Share on other sites
Accele 0 Report post Posted September 9, 2006 Regarding the actual potential legal action, I doubt that in court it could hold up at all. Microsoft would have to proove that it would cause a loss of sales, and cite past examples. No they don't. They have every legal right to shut down Halogen. The loss of sales doesn't factor into this kind of case. Share this post Link to post Share on other sites
Fragger 0 Report post Posted September 9, 2006 Oh (Insert random cussword here), just rename the mod and units. You guys have wasted 3 years of your lives if your just going to delete it all. At least release what you have done so far. Guess that makes it offical I no longer have a reason to have generals installed. (I have been waiting for a very long time for this mod to finally come out and I see this crap on moddb) Share this post Link to post Share on other sites
Smurf Bizkit 0 Report post Posted September 9, 2006 @Accele, Of course its a factor, its the entire reason why Halogen was shut down in the first place. Halogen isn't making any money off of this. I really wish someone would step in and actually bring this to court...just to see what would happen. Share this post Link to post Share on other sites
Accele 0 Report post Posted September 9, 2006 @Accele, Of course its a factor, its the entire reason why Halogen was shut down in the first place. Well I'm sure it's why Microsoft decided to go after it, but saying "they aren't losing sales by Halogen existing" in court is going to get you nowhere. Going to court with Microsoft on this one would just be a waste of time and money. Fact is, they own the property, they get to decide who uses it, regardless of how it will effect sales. Share this post Link to post Share on other sites
Smurf Bizkit 0 Report post Posted September 9, 2006 Yea, I do have to concede to you there. Meh...this is one of those times where I wish I could do something, anything to help. Share this post Link to post Share on other sites
