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Author Topic: Legalities legalities: Beiswenger vs. Ubisoft  (Read 7209 times)

chaoticag

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Legalities legalities: Beiswenger vs. Ubisoft
« on: April 18, 2012, 06:02:22 pm »

So a recent story has emerged. Science fiction author John L. Beiswenger is suing Ubisoft over the content of Assassin's Creed.

Court Documents: http://www.bannerwitcoff.com/_docs/Ubisoft_Complaint.pdf

So if I understand correctly, the argument is this:

Beiswenger's work, Linked, deals with:

  • A device that allows people to relive the memories of their ancestors.
  • Using said device to relive memories of their ancestors.
  • Talking to Jesus.
  • Existence of assassins working in some sort of plot
  • Good versus Evil
  • Talking to Jesus

He also claims that Assassin's creed:

  • Has a device that let's people relive the lives of their ancestors
  • People using the device
  • Assassins
  • Good versus Evil
  • Talking to Mars and Minerva

You might wanna take a look at the court documents say, I'm just basing this off my memory here. Let me know if I ought to add anything to this list.

Now, there are a couple of things I'm not sure of yet, namely whether there are in fact other works that predate Beisweger's copyright that happen to have some of those themes (It was published in 2002). And whether this case is solid or doesn't have a snowball's chance in hell of going through. I don't think it does, but I'd like a second (or third, or forth) opinion on the matter, hopefully using legal reasoning and precedent.

This ought to be helpful, scope and subject matter of copyright: http://www.copyright.gov/title17/92chap1.pdf#Section106

At the very least, look up section 2

(ps. Do note this topic isn't here to discuss your opinion on Assassin's Creed, otherwise it would be in the Other Games section. Try to keep discussion on the game limited to how it may relate to the case here. I'd say the same for the author's work Linked, but I doubt anyone has read that. Thank you.)
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Fenrir

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Re: Legalities legalities: Beiswenger vs. Ubisoft
« Reply #1 on: April 18, 2012, 06:08:29 pm »

Except for the device, I see nothing in those lists that are not already all together in multiple earlier works. Even the Bible has manichean conflicts, assassins, and Jesus.

e: I suppose the point is that all of that together with the device makes him unhappy.
« Last Edit: April 18, 2012, 06:12:14 pm by Fenrir »
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Leafsnail

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Re: Legalities legalities: Beiswenger vs. Ubisoft
« Reply #2 on: April 18, 2012, 06:11:38 pm »

Ah, you clearly haven't seen the "good versus evil" point.  That is one that I think you'll find is ONLY present in these two works.
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nenjin

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Re: Legalities legalities: Beiswenger vs. Ubisoft
« Reply #3 on: April 18, 2012, 06:14:04 pm »

Seemed pretty specious on its face. And it takes a lot to prove someone stole a general set of concepts from you, the burden is enormous. He's pretty much doomed to failure and possibly the wrath of the internet. Which is funny, because that would be the most love Ubi has ever been shown (although it comes from the appreciation of the series, not the company.) The number of reviews on Link at Amazon went up 100% today :p

This almost seems like an elaborate troll making a statement about DRM. Because he couldn't have chosen a more ironic target. But he's probably just cruising for a quick settlement, unless Ubi is feeling punchy.
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Fenrir

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Re: Legalities legalities: Beiswenger vs. Ubisoft
« Reply #4 on: April 18, 2012, 06:20:18 pm »

It is probably some quick publicity for his book. This is likely the only means by which he could ever get his works in the press.
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chaoticag

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Re: Legalities legalities: Beiswenger vs. Ubisoft
« Reply #5 on: April 18, 2012, 06:36:29 pm »

I dunno, I honestly think that he thinks he has a chance. Going to court is expensive, though I looked up the legal firm that's representing him, and their website seems a little on the green side of things.

I wonder if settling this out of court would actually be cheaper for Ubisoft, since if he wants a big slice, then he's probably going to get crushed, and they can sue him back for legal costs. Oh boy.
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The Fool

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Re: Legalities legalities: Beiswenger vs. Ubisoft
« Reply #6 on: April 18, 2012, 06:48:17 pm »

Unless he wants the Assassin Creed series attributed to him as a co-author or an 'inspired by the works of' I don't see why he would sue them beyond a quick buck. He gains nothing as an author by suing over a series that has similar concepts to his books.

Unless the characters in his book are looking for the same kind of objects that do the same things I think the author has nothing on the series. The mentioned themes are common, and religious assassins are nothing new despite sounding odd.
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nenjin

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Cautivo del Milagro seamos, Penitente.
Quote from: Viktor Frankl
When we are no longer able to change a situation, we are challenged to change ourselves.
Quote from: Sindain
Its kinda silly to complain that a friendly NPC isn't a well designed boss fight.
Quote from: Eric Blank
How will I cheese now assholes?
Quote from: MrRoboto75
Always spaghetti, never forghetti

Nilik

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Re: Legalities legalities: Beiswenger vs. Ubisoft
« Reply #8 on: April 18, 2012, 10:01:38 pm »

Ah, you clearly haven't seen the "good versus evil" point.  That is one that I think you'll find is ONLY present in these two works.

The thing is, Assassin's Creed is anything but "good versus evil". The "good guys" commit hundreds of murders per game (if you count all of the nameless mook guards) and openly admit they're morally questionable at best. The "bad guys" have noble goals, but are going about it in the most horrible way possible.

Also unless Jesus shows up in brotherhood or revelations, Asscreed doesn't have Jesus either.
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lordcooper

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Re: Legalities legalities: Beiswenger vs. Ubisoft
« Reply #9 on: April 18, 2012, 10:04:46 pm »

I seem to recall a few references to Jesus on some of the glyph (glitch?) minigames.
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The Fool

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Re: Legalities legalities: Beiswenger vs. Ubisoft
« Reply #10 on: April 18, 2012, 10:11:50 pm »

I seem to recall a few references to Jesus on some of the glyph (glitch?) minigames.

Considering that the Templars worshiped him I'm not surprised. That and ACII took place in Italy. I'd be amazed if they went the entire game without saying that word once or twice.
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Flying Dice

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Re: Legalities legalities: Beiswenger vs. Ubisoft
« Reply #11 on: April 18, 2012, 11:42:13 pm »

Yeah. Expecting a depiction of Italy around then without any mention of the man is like expecting a depiction of NYC to never show or mention the Statue of Liberty.
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gildarumarth

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Re: Legalities legalities: Beiswenger vs. Ubisoft
« Reply #12 on: April 19, 2012, 12:31:23 am »

But copyright doesn't protect ideas and concepts, his lawyers will have a hard time trying to prove a game is a copy of a book.
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Sensei

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Re: Legalities legalities: Beiswenger vs. Ubisoft
« Reply #13 on: April 19, 2012, 12:35:12 am »

I think we can add this to the list of books we've only heard about because of a frivolous lawsuit on the author's part.
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Leafsnail

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Re: Legalities legalities: Beiswenger vs. Ubisoft
« Reply #14 on: April 19, 2012, 10:05:25 am »

I can't really remember any references to Jesus at all, actually.  Maybe one of the religious targets says it at some point?  Doesn't seem unlikely considering that many of them are officials in the Catholic church.
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