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Elite: Dangerous Tabletop Kickstarter Hits Snag
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<blockquote data-quote="imagineGod" data-source="post: 7709118" data-attributes="member: 32454"><p>But the vexatious claim is important because if the judges entertain every single fraudulent lawsuit by newly-registered predatory firms, the courts will be swamped with everyone registering new firms as sub-licensees and suing every other sub-licensee. </p><p></p><p>(a) Hence, in this particular case it is crucial to review the date of the registration of "Bell Elite Rights LLP" (8th February 2017), which means this entity was NOT in existence when the Kickstarter by Spidermind Games was launched, so the "Elite Dangerous" Kickstarter could NOT infringe upon the Intellectual Property Rights of an entity that did NOT exist at the time David Braben created "Elite: Dangerous", did not exist when Frontier Develoments granted Spidermind Games the license to "Elite: Dangerous" (not the 1984 Elite) and did not exist when Spidermind Games launched. What we see is a victim being created by "Bell Elite Rights LLP" after the alleged IP crime. </p><p></p><p>(b) Furthermore, Bell Elite Rights LLP is a corporate entity separate from Ian Bell, thus once again, the original Intellectual Property rights that belonged to Ian Bell do not automatically belong to this entity. They only belong to this entity from the date they may have received a signed legal document from Ian Bell to sign away his rights to them and he must have specifically signed a contract for them to represent Ian Bell (I am yet to see this, so it is possible Ian Bell signed this contract).</p><p></p><p>(c) Following up on (b) since the original 1984 "Elite" IP belonged to both Ian Bell and David Braben but only David Braben is involved in the creation of the new Intellectual Property of "Elite: Dangerous" Ian Bell does not hold any Intellectual Property rights to "Elite: Dangerous" and only owns rights to those parts of "Elite: Dangerous" that inherited the original co-created 1984 "Elite" IP.</p><p> </p><p>(d) Spidermind Games licensed "Elite: Dangerous" the sole Intellectual Property of David Braben and Frontier Developments produced in 2012 as a separate Intellectual Property to the 1984 "Elite" co-created by Ian Bell and David Braben. Therefore, Spidermind Games cannot be infringing on the rights of Ian Bell since they received the "Elite: Dangerous" license and not Ian Bell's original 1984 Elite game license. So if "Elite: Dangerous" is NOT infringing upon the rights of Ian Bell, then a game licensed upon "Elite: Dangerous" (and NOT Ian Bell's co-created 1984 Elite) cannot infringe upon those rights either.</p></blockquote><p></p>
[QUOTE="imagineGod, post: 7709118, member: 32454"] But the vexatious claim is important because if the judges entertain every single fraudulent lawsuit by newly-registered predatory firms, the courts will be swamped with everyone registering new firms as sub-licensees and suing every other sub-licensee. (a) Hence, in this particular case it is crucial to review the date of the registration of "Bell Elite Rights LLP" (8th February 2017), which means this entity was NOT in existence when the Kickstarter by Spidermind Games was launched, so the "Elite Dangerous" Kickstarter could NOT infringe upon the Intellectual Property Rights of an entity that did NOT exist at the time David Braben created "Elite: Dangerous", did not exist when Frontier Develoments granted Spidermind Games the license to "Elite: Dangerous" (not the 1984 Elite) and did not exist when Spidermind Games launched. What we see is a victim being created by "Bell Elite Rights LLP" after the alleged IP crime. (b) Furthermore, Bell Elite Rights LLP is a corporate entity separate from Ian Bell, thus once again, the original Intellectual Property rights that belonged to Ian Bell do not automatically belong to this entity. They only belong to this entity from the date they may have received a signed legal document from Ian Bell to sign away his rights to them and he must have specifically signed a contract for them to represent Ian Bell (I am yet to see this, so it is possible Ian Bell signed this contract). (c) Following up on (b) since the original 1984 "Elite" IP belonged to both Ian Bell and David Braben but only David Braben is involved in the creation of the new Intellectual Property of "Elite: Dangerous" Ian Bell does not hold any Intellectual Property rights to "Elite: Dangerous" and only owns rights to those parts of "Elite: Dangerous" that inherited the original co-created 1984 "Elite" IP. (d) Spidermind Games licensed "Elite: Dangerous" the sole Intellectual Property of David Braben and Frontier Developments produced in 2012 as a separate Intellectual Property to the 1984 "Elite" co-created by Ian Bell and David Braben. Therefore, Spidermind Games cannot be infringing on the rights of Ian Bell since they received the "Elite: Dangerous" license and not Ian Bell's original 1984 Elite game license. So if "Elite: Dangerous" is NOT infringing upon the rights of Ian Bell, then a game licensed upon "Elite: Dangerous" (and NOT Ian Bell's co-created 1984 Elite) cannot infringe upon those rights either. [/QUOTE]
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