Star Wars Combine
Legal issues facing a
non-commercial online game
or
Never tell me the odds
Part II: The LucasArts Affair
By Jehan Snyers d’Attenhoven (Belgium, Sim Master, Star Wars Combine)
http://www.swcombine.com
Table of Contents
 Definition
 Ambiguous Situation
 Star Wars™ - Property of G. Lucas
 The LucasArts Affair
 The LucasArts Menace
 A new Hope
 LucasArts Strikes Back
 The Return of LucasArts
 Legal Entity - Impossible Quest
 Conclusions
Table of Contents
 Definition
 Ambiguous Situation
 Star Wars™ - Property of G. Lucas
 The LucasArts Affair
 The LucasArts Menace
 A new Hope
 LucasArts Strikes Back
 The Return of LucasArts
 Legal Entity - Impossible Quest
 Conclusions
Definition
 What is the Star Wars Combine ?
Free massively multi-player online role-playing simulation game,
Based on the Star Wars universe,
Developed by amateurs during their spare time.
 Where ?
www.swcombine.com
 When ?
In perpetual development since 1998
 How many ?
16,000+ registered players
10% playing very actively
Table of Contents
 Definition
 Ambiguous Situation
 Star Wars™ - Property of G. Lucas
 The LucasArts Affair
 The LucasArts Menace
 A new Hope
 LucasArts Strikes Back
 The Return of LucasArts
 Legal Entity - Impossible Quest
 Conclusions
Ambiguous Situation
 Star Wars Game:
 Star Wars gaming copyrights owned by LucasArts.
 Developers like Star Wars and do not want something else.
 World Wide Team:
 Volunteers from all around the world come and leave.
 Needs a legal entity to manage the project.
 Free Game:
 No profit is generated.
 Money is needed to cover charges.
Table of Contents
 Definition
 Ambiguous Situation
 Star Wars™ - Property of G. Lucas
 The LucasArts Affair
 The LucasArts Menace
 A new Hope
 LucasArts Strikes Back
 The Return of LucasArts
 Legal Entity - Impossible Quest
 Conclusions
Star Wars™
Property of G. Lucas
 Star Wars is under strict copyright.
 Policy to tolerate and/or encourage fan activities
 Fan clubs (501st Legion…)
 Private fan website (TheForce.Net…)
As long as it remains descriptive.
 And what about games ?
LucasArts Area
Table of Contents
 Definition
 Ambiguous Situation
 Star Wars™ - Property of G. Lucas
 The LucasArts Affair
 The LucasArts Menace
 A new Hope
 LucasArts Strikes Back
 The Return of LucasArts
 Legal Entity - Impossible Quest
 Conclusions
January 2002 (1)
The LucasArts Menace
 Email from [email protected]
VIA ELECTRONIC MAIL [email protected] / [email protected]
Mr. Frederic Weymann and Mr. Jehan Snyers
RE: Unauthorized Use of STAR WARS Properties: www.swcombine.com
(…) We therefore must request that you (…) immediately and
permanently discontinue the use of any and all STAR WARS Copyrights
and Trademarks including, without limitation, the online STAR WARS
simulation game conducted on your website, www.swcombine.com
entitled, "The STAR WARS Combine". (…)
January 2002 (2)
The LucasArts Menace
2. SWC Team reaction:
 Website is shutdown
 Exchange of phone calls and emails with LA/LF.
1. Why us and not the others ?
2. Why us, we’re non-profit ?
3. Where did we break the law, exactly ?
4. What can be done to continue ?
 Secretly alerting media:
SW Fan clubs, Game Mags, Press…
January 2002 (3)
The LucasArts Menace
3. The 1st round
 LucasArts was behind this, not LucasFilm.
 Long phone call with Business and PR Directors.
 SWC can re-open for undefined amount of time.
 No written agreement.
4. Conclusions:
 They respected our attitude and dedication.
 They cannot make their fans angry.
Table of Contents
 Definition
 Ambiguous Situation
 Star Wars™ - Property of G. Lucas
 The LucasArts Affair
 The LucasArts Menace
 A new Hope
 LucasArts Strikes Back
 The Return of LucasArts
 Legal Entity - Impossible Quest
 Conclusions
September 2002
A New Hope
Conference Call
 LucasArts looked for information:
 SWC financial system
 Possible confusion/concurrency with Galaxies
 Game mechanisms details
 SW Combine authorized to continue.
 Free Star Wars license could be possible.
Table of Contents
 Definition
 Ambiguous Situation
 Star Wars™ - Property of G. Lucas
 The LucasArts Affair
 The LucasArts Menace
 A new Hope
 LucasArts Strikes Back
 The Return of LucasArts
 Legal Entity - Impossible Quest
 Conclusions
Oct 02 – Dec 03
LucasArts Strikes Back
Patience, you must learn patience.
Table of Contents
 Definition
 Ambiguous Situation
 Star Wars™ - Property of G. Lucas
 The LucasArts Affair
 The LucasArts Menace
 A new Hope
 LucasArts Strikes Back
 The Return of LucasArts
 Legal Entity - Impossible Quest
 Conclusions
January 2004 (1)
The Return of LucasArts
Toward an agreement
 Back on tracks
VIA ELECTRONIC MAIL [email protected]
To: Jehan Snyers d’Attenhoven
RE: SWCombine-LucasArts Agreement
(…) My name is XXXX XXXX, and I work in the Business Affairs group at
LucasArts. I was asked to work with you on an agreement between our
organizations which will allow the continued progress and development of
SWCombine. I spent a little time on your website today and was very
impressed with the work so far. (…)
 Talks lead to 1st draft of agreement (2004-02-06)
January 2004 (2)
The Return of LucasArts
Discussing the agreement
 Agreement contained mistakes.
 Did not fit the SWC needs.
 Counter-proposal was sent.
 Counter-proposal was judged acceptable by LA.
 Technical problem: SWC source code !!!
 Still waiting for the final version of the agreement.
Table of Contents
 Definition
 Ambiguous Situation
 Star Wars™ - Property of G. Lucas
 The LucasArts Affair
 The LucasArts Menace
 A new Hope
 LucasArts Strikes Back
 The Return of LucasArts
 Legal Entity - Impossible Quest
 Conclusions
Legal Entity
Impossible Quest
Why a legal Entity for the SW Combine ?
 Easier management of resources and assets
 Protection of the team
 Protection of the work: source & game engine
Problems:
 What country laws ? US, Belgium, other ?
 What kind ?
 “De Facto” Entity …. Nothing more, nothing less
Conclusions
Copyright Issues
 Star Wars materials  Lucas, LucasArts …
Waiting for the agreement …
 Source code, website, other materials  “us”
But who are “us” ?
Legal Entity:
 We’re in a juridical hole.
 “us” represented by the Sim Master, by default …
Special Thanks
To Electronic Frontiers Forum
&
Scott Jones
For welcoming us in 2003 and 2004.
Questions ?
We feel much curiosity in you …