I checked on the site fairly regularly, didn't see the "almost weekly updates" you're referring to.
Is that so? We have actually had either a media or text (alternating) update to account on the project every week on the day since the site has come back online since the 1 year planned (as stated clearly in the progress forum "website" thread) downtime. Initially the downtime was along the same lines as ESF (oktagone's shoddy hosting) but eventually benefited the team without the hassle for website/forum maintenence allowing us to work significantly faster over the downtime -- thus extending it.
Why not release ZEQ2 as is? Simple. We'd have to recreate our content completely as to not be reconized, change the project name, include NO credits, and release completely anonymously over some file sharing or tracker. EVEN then though we wouldn't be able to provide the master global server that we had planned due to contraints. Furthermore, if they ever DID find out we were still working or if we ever DID release, we would face some very serious legal allegations. It's a huge risk.
Sorry that you feel you don't "owe" anything to the people you excited (myself not being one of them, but I'm sure there were many) over the years, but you're right--you don't "have" to do anything.
Interesting twist of SV's words, I'll give you that. He merely stated that we have no real requirement to defend ourselves against those that choose not to believe. We, however, do so at times to prevent a mob mentality to develop about a particular incident -- as could potentially be the case with this.
I'd say that the people who frequented your forum (when it was up) and wore ZEQ2 signatures had plenty of faith--and those were the people hurt by the "legal troubles." Not people like me.
So... you basically had no interest in the project whatsoever, knew a minimum about it, and based your opinion entirely from other mods/projects in general. Odd, that is. Had you actually known a bit about the project you would have known that ZEQ2 was unlike any mod/game in creation and as a result not comparable. Our goals stemmed far FAR deeper than merely DBZ-based aspects. The roots of the project were heavily based from config-driven interfaces that would allow any project to literaly create their games without the need or reliance on coders. We were attempting to save most mods from the ill-fated lack of coding knowledge by developing ours to a level of flexability that any average joe could use and develop on.
But hey, I guess you have complete rights to your own opinions and all. No offense intended, but it would probably be beneficial if you kept your thoughts to yourself if they don't effect you in some fashion though. It's one thing to dislike something, but it's an entirely different concept to openly address that contempt.
Let's hypothesize a similar situation. We shall assume you don't like a certain restaraunt because you do not enjoy fish. Would you honestly walk in and declare to the customers that they shouldn't eat here because you do not enjoy the products? I suppose you could. Thinking logically though, it would probably agitate the situation causing both issues with the management and customers.
If it would clearly benefit noone, has no real impact on you, and cause more issues than it could potentially help, why would you honestly want to propagate hatred?
Why would Funimation have given you one, but not mods that are actually out?
Once the ball is rolling and a game/mod is in mass distribution, it becomes quite a bit more difficult to actually stop the momentum. I assume by attacking a threatening game, such as ZEQ2, early on while in development, such issues of copies floating around anonymously could be avoided.
What troubles me is actually HOW they were contacted or how for that matter we were even found. ZEQ2 kept a VERY low profile as far things went. We declined all interviews/articles up to that point as well as keeping outside news pretty discrete. Our community was kept small for similar reasons. I suspect that we were probably reported (or the files were) manually by someone. At least that's the theory.
No, I'm afraid it's not narrowmindedness, it's "experience." I've seen dozens of mods fail--most do--and yours was no exception. Experience tells me, and with ESF and DMZ as precedent, that it's unlikely your mod was shut down by Funimation.
While the former part of your statement is completely true (mod's do use the legal babble as a scapegoat for inactivity or issues), having this mentality for all respects would null situations where it actually WAS true -- as is this one. Clearly you can look around at the evidence as many have pointed out. We had nothing but activity from our highly concentrated, skilled, and dedicated team.
...their marketing department had no idea what they were talking about--they had never sent any
If you're that concerned, I suggest you pick up the phone and give Funimation a call--and ask what happened.
Having such a confidence in your own words, surely you realize that Funimation probably outsources it's lawyers and, even in the event of a local legal department on-site, communication for legal affairs would probably be at a minimum. Funimation basically hires people to look out for it's intellectual property and leaves things at that.
Asking another department why it handled a certain legal affair a certain way would probably be fruitless. It's the equivalent of asking a police officer why he created a certain law. He didn't make the laws, he merely enforces those that were.
The fact that you guys are claiming that Funimation sent a cease and desist order is in itself suspicious--because, as people have said, ESF has been much more successful than ZEQ2 was, and has yet to receive any cease and desist orders. On the contrary, ESF has received special permission from people to use their intellectual property, like the main menu's use of one of Bruce Falconer's songs, the SSJ3 Accension Theme.
The fact that ESF has yet to recieve a C&D is partly because of it's engine attachments. From what I hear, Half-life has seperate licensing obligations to Steam as well as Valve. There are additional complications involved with handling a Cease & Desist in that regard.
Additionally, Funimation might not feel as much of a threat from ESF as it does ZEQ2. While ESF tramples any released DBZ game in terms of gameplay and mechanics, it does not do so in terms of graphical capability (due to the engine's limitations). Although I think some of us agree that gameplay and mechanics are primary factors in a game, the current market seems to say otherwise in favor of graphics being the favorite. ZEQ2 itself was probably deemed a threat to the current commercial DBZ games that are in development and released -- thus causing an effect on profits.
Also. As is with most composers, Bruce Faulconer was sub-contracted by Funimation to do the DBZ soundtrack. As a result he maintains rights independently to his musical works as well as far as granting permission.
I happen to think it's plainly obvious to see why ZEQ2 stopped...
Obvious, eh? Do share.
In the end, it doesn't matter how a mod dies. What matters is all the work people put into it.
This is all too true. What we've learned over the years on the project will stay with us forever. I personally appreciate comments such as these that have complete root to the primary benefit from working on a project with a group of individuals.
I seriously think ZEQ2 should think about making a non-DBZ-themed game. You could still use attacks and such, but just rename them, and create new characters. They could still be DBZ-ish, I bet, as long as they're not real DBZ characters.
ZEQ2's roots were heavily based on DBZ. Changing the shear level of accuracy we were striving for would not allow us to create the same game. We had already ignored all creative ideas in favor of strict DBZ series ones. Without the strict accuracy towards DBZ, we are nothing.
It'd be interesting to see what comes of Zeq2 now, I mean bfp just basically replaced the characters and attack names, would Zeq2 do the same? or take a new direction... Either way has its pro's/cons
Given the legal severity and serious nature of the charges, I am not completely convinced that BFP did truely recieve a C&D. The letters we have recieved are quite clear in the allegations and consequences for violating them. It'd be a huge risk, regardless. At this moment we are being watched by Funimation's legal department. Our actions will need to reflect their desires to avoid complications.
ESF is well protected by the Fair Use Act.
While "fair use" is the most common defense to copyright infringement, a court case would nevertheless be REQUIRED to prove it (or any defense whatsoever). These would literally mean thousands of dollars to handle court fee's and hire an attorney. Even with finances available, the four key areas that are examined in copyright cases would usually point the offender downhill -- which can actually cause more severe issues such as signing legal documentation prohibiting excessive development on any intellectial property of the defender in general; not to mention loss of money for the trial.
but maybe SV will consider releasing his trunks/gohan for the model replacer in 1.3 (me crosses fingers)
