Lead for Dead: Call of the Dead page 11

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I gave in, I’ve started on a new top down shooter game in AS3. The alpha is done, and I’m working on the beta. Do anyone want to be a beta tester for me?

 
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Originally posted by Godzillasrabbid:
Originally posted by mrjesse99:

w8……..it got taken off of kongregate……..but then black ops steals the name ‘call of the dead’ for a zombie map? wow……….. sue someone then take their ideas….wow……………

I cannot… Belive it.

It probably went like this: Lawer 1:“Allright, we sued the poor bastard, now what?” Lawer 2:"How about we go get some coffe and doughnuts, and then we take the “Call of the Dead” name, and send it to Activision, and get money!" Lawer 1:“Great idea man!” Lawers are such a fcking $#%$%. And Activision, a major gaming company, sueing a flash game maker, than stealing his ideas……da fck. I have half a mind to boycot Activision and throw eggs at lawers.
 
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Originally posted by ehaugw:

I gave in, I’ve started on a new top down shooter game in AS3. The alpha is done, and I’m working on the beta. Do anyone want to be a beta tester for me?

Don’t give up man! It was such a fckin’ good game!!!

 
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Originally posted by ehaugw:

I gave in, I’ve started on a new top down shooter game in AS3. The alpha is done, and I’m working on the beta. Do anyone want to be a beta tester for me?

i could be a beta tester.

 
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You need to add co-op so you can play with other peoplr and make friends. You can also add more mags for the gun or make where oyu can keep stocking up on ammo so your not lower than 5.

 
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put back call of dead or i say lead of the dead lollolololololololololololoolololololololloololololololololollolloolloloollloololololololololololololololololololololloloololollolololloollololololololoolloloololoollo

 
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Hey guys, I just wanted to say that I am back to kongregate, and is developing a new game quite similar to Lead for Dead together with my old flash artist. It will be a free roaming survival zombie game, just so you know… Any suggestions for new features are welcome.

 
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Originally posted by GameBuilder15:
Originally posted by ehaugw:

the game is down, because of copyright things.

I told you! Who contacted you, Treyarch?

Do you think Duracell will sue me for using their battery design in my new game?

 
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Originally posted by ehaugw:
Originally posted by GameBuilder15:
Originally posted by ehaugw:

the game is down, because of copyright things.

I told you! Who contacted you, Treyarch?

Do you think Duracell will sue me for using their battery design in my new game?

Best to stay safe, just change it a bit or make your own.

 
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Originally posted by 6thgraderhere:
Originally posted by ehaugw:
Originally posted by GameBuilder15:
Originally posted by ehaugw:

the game is down, because of copyright things.

I told you! Who contacted you, Treyarch?

Do you think Duracell will sue me for using their battery design in my new game?

Best to stay safe, just change it a bit or make your own.

True that. I don’t really think they will care though. Like, who would sue someone for having a picture of a battery in their game?!

 
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Activision would.

 
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Originally posted by AvalancheO:

Activision would.

Activison can suck ma balls, Treyarch is much better :3

 
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Originally posted by AvalancheO:

Activision would.

True that, they are assholes. But I will not let they ruin our fun this time =D

 
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Originally posted by ehaugw:
Originally posted by 6thgraderhere:
Originally posted by ehaugw:
Originally posted by GameBuilder15:
Originally posted by ehaugw:

the game is down, because of copyright things.

I told you! Who contacted you, Treyarch?

Do you think Duracell will sue me for using their battery design in my new game?

Best to stay safe, just change it a bit or make your own.

True that. I don’t really think they will care though. Like, who would sue someone for having a picture of a battery in their game?!

In order to maintain copyrights, a company must actively pursue known copyright violations. Otherwise it can be claimed that the copyright has been abandoned and then anyone can start using Duracell’s trade dress.

This means it IS in their best interest to sue you (or at least send you a Cease-And-Desist). And because Duracell is a big company with many lawyers in their employ, and you are … just a guy … with 0 lawyers, then it’s also a low cost, zero risk option because they know they will win.

Plus, the fact that you want to use their copyright and trade dress effectively undermines your implied argument that it isn’t worth anything. If it wasn’t worth anything, then why do you want to use it? Make your own battery. It’s not like the geometry is complicated. And a fake ‘battery’ logo is pretty easy to whip up as well.

 
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Originally posted by 6thgraderhere:
Originally posted by Godzillasrabbid:
Originally posted by mrjesse99:

w8……..it got taken off of kongregate……..but then black ops steals the name ‘call of the dead’ for a zombie map? wow……….. sue someone then take their ideas….wow……………

I cannot… Belive it.

It probably went like this: Lawer 1:“Allright, we sued the poor bastard, now what?” Lawer 2:"How about we go get some coffe and doughnuts, and then we take the “Call of the Dead” name, and send it to Activision, and get money!" Lawer 1:“Great idea man!” Lawers are such a fcking $#%$%. And Activision, a major gaming company, sueing a flash game maker, than stealing his ideas……da fck. I have half a mind to boycot Activision and throw eggs at lawers.

You’re making some huge assumptions here. I realize it’s the “in” thing to demonize the “evil corporation,” but take a look at the facts:

  • Call of the Dead was in production before this thread was started. A leaked flyer advertising the map pack’s release was posted on April 6, 2011 (this thread was started on April 11).
  • Treyarch included several celebrities in the map, voiced by their real life counterparts. That’s not something you do at the drop of a hat. This project took time. It also took a lot of money. Celebrities don’t work for free in most cases. Treyarch not only paid them for their work, but also paid them for the right to use their likenesses. They aren’t just bullying you, they’re also holding themselves to that legal standard.
  • One of the celebrities is none other than George A. Romero, the “Godfather of Zombies.”
  • What are Romero’s most famous works? Movies in the Living Dead series, titled “_____ of the Living Dead” and “_____ of the Dead.”
  • What’s the name of the game franchise? Call of Duty.
  • What’s an obvious choice for a name? Call of the Dead.

The claim that Activision stomped on the little guy and stole his idea is really little more than conspiracy theory with evidence to the contrary.

 
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Lead for Dead: Call of the Dead was released 10th of Mars 2011, this topic were made a little later (I can prove this if needed). If I knew this shit would come up, and trademarked my name, I could actually sell it to Activision for quite a lot. I didn’t bother to trademark anything, because 1) I were just a flash developer, who would care about me, and 2) How could I know Activision were going to take the same name?

But as IceWeaselX said, they had their rights to do this, and it was kind of reasonable, but why care about poor game developers at Kongregate?

 
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Originally posted by ehaugw:

Lead for Dead: Call of the Dead was released 10th of Mars 2011, this topic were made a little later (I can prove this if needed). If I knew this shit would come up, and trademarked my name, I could actually sell it to Activision for quite a lot. I didn’t bother to trademark anything, because 1) I were just a flash developer, who would care about me, and 2) How could I know Activision were going to take the same name?

But as IceWeaselX said, they had their rights to do this, and it was kind of reasonable, but why care about poor game developers at Kongregate?

A nearly dead big ass game developing company, what else can they do?

 
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Originally posted by IceWeaselX:
Originally posted by 6thgraderhere:
Originally posted by Godzillasrabbid:
Originally posted by mrjesse99:

w8……..it got taken off of kongregate……..but then black ops steals the name ‘call of the dead’ for a zombie map? wow……….. sue someone then take their ideas….wow……………

I cannot… Belive it.

It probably went like this: Lawer 1:“Allright, we sued the poor bastard, now what?” Lawer 2:"How about we go get some coffe and doughnuts, and then we take the “Call of the Dead” name, and send it to Activision, and get money!" Lawer 1:“Great idea man!” Lawers are such a fcking $#%$%. And Activision, a major gaming company, sueing a flash game maker, than stealing his ideas……da fck. I have half a mind to boycot Activision and throw eggs at lawers.

You’re making some huge assumptions here. I realize it’s the “in” thing to demonize the “evil corporation,” but take a look at the facts:



  • Call of the Dead was in production before this thread was started. A leaked flyer advertising the map pack’s release was posted on April 6, 2011 (this thread was started on April 11).

  • Treyarch included several celebrities in the map, voiced by their real life counterparts. That’s not something you do at the drop of a hat. This project took time. It also took a lot of money. Celebrities don’t work for free in most cases. Treyarch not only paid them for their work, but also paid them for the right to use their likenesses. They aren’t just bullying you, they’re also holding themselves to that legal standard.

  • One of the celebrities is none other than George A. Romero, the “Godfather of Zombies.”

  • What are Romero’s most famous works? Movies in the Living Dead series, titled “_____ of the Living Dead” and “_____ of the Dead.”

  • What’s the name of the game franchise? Call of Duty.

  • What’s an obvious choice for a name? Call of the Dead.
  • The claim that Activision stomped on the little guy and stole his idea is really little more than conspiracy theory with evidence to the contrary.

Goes to show you that the guy with money always wins.

 
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Originally posted by 6thgraderhere:

Goes to show you that the guy with money always wins.

No, the person who plays by the rules wins. Want to use someone else’s property? Get permission. This can be accomplished in some cases merely by asking, but often may require paying for a license. It’s the law. Fair Use allows people to use others’ work to an extent, but it’s not a license to use anything just because you’re poor.

Originally posted by ehaugw:

Lead for Dead: Call of the Dead was released 10th of Mars 2011, this topic were made a little later (I can prove this if needed). If I knew this shit would come up, and trademarked my name, I could actually sell it to Activision for quite a lot. I didn’t bother to trademark anything, because 1) I were just a flash developer, who would care about me, and 2) How could I know Activision were going to take the same name?


I don’t think you would have been approved for a trademark on the phrase “Call of the Dead.” You’ve made it very obvious that you were using assets from Call of Duty and other sources without permission. Trademarks based on other people’s property generally don’t happen. Trademarking a phrase to sell it to a company using a similar phrase? Not really feasible. This is similar to the more modern equivalent of Internet domain squatting, where someone registers a domain name that a large company would want, just to sell it. Courts have often considered that theft and granted immediate ownership to the company, not the squatter. Romero’s involvement with the game map gives pretty strong leverage to them to use “of the Dead” in the title.

Originally posted by ehaugw:

But as IceWeaselX said, they had their rights to do this, and it was kind of reasonable, but why care about poor game developers at Kongregate?


Using the “I’m poor” argument won’t garner sympathy. You were told repeatedly by other players/developers to get rid of the copyrighted assets. It’s really not hard to find audio files free to use legally.

Why care about poor game developers? Flip that around. Why insist on using other people’s property? Also, Mad_Machine brought up a legal requirement:

Originally posted by Mad_Machine:

In order to maintain copyrights, a company must actively pursue known copyright violations. Otherwise it can be claimed that the copyright has been abandoned and then anyone can start using Duracell’s trade dress.

 
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I don’t actually blame Activision, this did what they had to protect their copyrighted stuff. I just did not except them to even care about flash developers. Take a look at this for instance:

http://www.kongregate.com/games/LogansfvTemp/codp-call-of-duty-parody?acomplete=call+of+duty

That game has been on Kongregate for 2 years, and the name looks quite equal to “Call of Duty” to me.

 
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Originally posted by IceWeaselX:
Originally posted by 6thgraderhere:

Goes to show you that the guy with money always wins.

No, the person who plays by the rules wins. Want to use someone else’s property? Get permission. This can be accomplished in some cases merely by asking, but often may require paying for a license. It’s the law. Fair Use allows people to use others’ work to an extent, but it’s not a license to use anything just because you’re poor.

Originally posted by ehaugw:

Lead for Dead: Call of the Dead was released 10th of Mars 2011, this topic were made a little later (I can prove this if needed). If I knew this shit would come up, and trademarked my name, I could actually sell it to Activision for quite a lot. I didn’t bother to trademark anything, because 1) I were just a flash developer, who would care about me, and 2) How could I know Activision were going to take the same name?


I don’t think you would have been approved for a trademark on the phrase “Call of the Dead.” You’ve made it very obvious that you were using assets from Call of Duty and other sources without permission. Trademarks based on other people’s property generally don’t happen. Trademarking a phrase to sell it to a company using a similar phrase? Not really feasible. This is similar to the more modern equivalent of Internet domain squatting, where someone registers a domain name that a large company would want, just to sell it. Courts have often considered that theft and granted immediate ownership to the company, not the squatter. Romero’s involvement with the game map gives pretty strong leverage to them to use “of the Dead” in the title.

Originally posted by ehaugw:

But as IceWeaselX said, they had their rights to do this, and it was kind of reasonable, but why care about poor game developers at Kongregate?


Using the “I’m poor” argument won’t garner sympathy. You were told repeatedly by other players/developers to get rid of the copyrighted assets. It’s really not hard to find audio files free to use legally.

Why care about poor game developers? Flip that around. Why insist on using other people’s property? Also, Mad_Machine brought up a legal requirement:

Originally posted by Mad_Machine:

In order to maintain copyrights, a company must actively pursue known copyright violations. Otherwise it can be claimed that the copyright has been abandoned and then anyone can start using Duracell’s trade dress.

Ok, I’ve only read about 3 sentences in this (off topic) wall of text above me, so can we get back to how ehaugw’s new game is coming along?

 
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Originally posted by ehaugw:

I don’t actually blame Activision, this did what they had to protect their copyrighted stuff. I just did not except them to even care about flash developers. Take a look at this for instance:

http://www.kongregate.com/games/LogansfvTemp/codp-call-of-duty-parody?acomplete=call+of+duty

That game has been on Kongregate for 2 years, and the name looks quite equal to “Call of Duty” to me.

Just in case IceWeasel quotes what I said here and says more copyright stuff, lemme say this is my guess of why it’s still on kong. It has “parody” on the end of it, and the fact that the game is crap with good music, it wasn’t popular like call of the dead.

 
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Maybe in the next one there should be a story mode and survival so that players can experience the game in 2 different ways?

 
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Originally posted by popo9823:

Maybe in the next one there should be a story mode and survival so that players can experience the game in 2 different ways?

Working on a free roaming survival combined with tower defense.

 
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Originally posted by ehaugw:
Originally posted by popo9823:

Maybe in the next one there should be a story mode and survival so that players can experience the game in 2 different ways?

Working on a free roaming survival combined with tower defense.

Sooo….how’s it coming along?