Calbeck
05/03/09 07:24 AM
72.208.240.8
|
Nope. To me.
http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First
Search on "Eridani Light Horse". The US Copyright Office managed to throw in a typo or two, but there it is. Created 1993, published 2002. For several years, it was part of the official historical section found on ClassicBattleTech.com.
Caveat: this History was never published in physical print. Because it was replaced in August 2005 with an update that left out all my original material --- and that because the new author, as he himself said, never knew it existed --- it lapsed into obscurity. In August 2007, to clear up confusion regarding issues of canon, Catalyst Game Labs announced that material not physically in print, and which does not appear on an official website at the time of asking, is not canon.
Therefore, it is not currently considered canon, but it has been in the past. It may also become canon again in the not-too-distant future.
Edited by Calbeck (05/03/09 07:26 AM)
|
Prince_of_Darkness
05/03/09 01:06 PM
205.202.120.216
|
This... this is too shocking for me to post an image or GIF about it.
|
Calbeck
05/03/09 05:38 PM
72.208.240.8
|
For quick and easy reference, here is the version on file with the Copyright Office, which the Wayback Machine archived from the CBT.com site in August 2002:
http://web.archive.org/web/20020804162508/http://www.classicbattletech.com/ELH.html
An earlier version, never intended for publication, appeared in January 2002 here:
http://web.archive.org/web/20020115112120/http://www.classicbattletech.com/ELH.html
I had not, however, authorized the use of this work. An agreement for use was hashed out with WizKids, which continued to use the work and credited me formally as the author in June 2002 here:
http://web.archive.org/web/20020806094813/www.classicbattletech.com/credits.html
As part of the agreement, since the first version had been a working draft created at FASA between 1993 - 1996, I created the second version, which was far more polished and extensive, with only a few paragraphs taken from previous sources with permission. That version appears in the first link, above.
Edited by Calbeck (05/03/09 06:08 PM)
|
Deathshadow
05/03/09 10:29 PM
66.65.224.128
|
Congratulations Scott, you just opened yourself up to prosecution for copyright fraud. Since large portions of your text are taken directly from a previous and currently valid copyright.
Yours:
Type of Work: Text
Registration Number / Date: TX0006907511 / 2008-03-12
Application Title: ERIDANI LIGHT HORSE HISTORY.
Title: ERIDANI LIGHT HORSE HISTORY.
Description: Print material, 17 p.
Copyright Claimant: SCOTT MALCOMSON, 1967- . Address: 4520 E. BASELINE, #1072, PHOENIX, AZ, 85042.
Date of Creation: 1993
Date of Publication: 2002-01-15
Nation of First Publication: United States
Authorship on Application: SCOTT MALCOMSON, 1967- ; Citizenship: United States.
Alternative Title on Application: ELHHISTORY
Pre-existing Material: BATTLETECH.
Basis of Claim: ADDITIONAL FICTIONAL HISTORY COVERING DETAILS OF THE FICTIONAL "ERIDANI LIGHT HORES" NOT ADDRESSED IN PREVIOUS PUBLICATIONS.
Copyright Note: C.O. correspondence.
Names: MALCOMSON, SCOTT, 1967-
Prior art:
Type of Work: Text
Registration Number / Date: TX0004008030 / 1995-03-27
Title: Mercenary’s handbook.
Imprint: Chicago : FASA Corp., c1987.
Description: 99 p.
Series: Battletech ; 1616
Copyright Claimant: FASA Corporation
Date of Creation: 1987
Date of Publication: 1987-02-24
Basis of Claim: New Matter: new text & new artwork.
Other Title: Battletech ; 1616
Names: FASA Corporation
and continuing to claim the work in it's entirety is only digging you a deeper hole. You really need to find a lawyer who will explain this stuff to you.
Though I wonder how you came up with 17 pages, since the offending text as it accidentally appeared on Classicbattletech.com is only 390 lines at 10 pica ruled single spaced format (what is supposed to be used for filing) aka 7 pages, and if you delete the parts from the prior 1987 text it's half that.
Kept my cool under lock and key,
and I never shed a tear,
another sign of my condidtion.
|
Deathshadow
05/03/09 11:01 PM
66.65.224.128
|
>> in August 2002
Yes Scott, a full year after you put it up in it's entirety on your own tripod page, the likely source for where it came from. It still sounds like one of our volunteers took a shortcut, copypasta'd from your site because they thought it was the original 1987 text (easy mistake to make given somewhere around half of it was never yours - despite your claims to the contrary).
Can't believe this ***storm, and all these wild nonsensical claims over a minor faction nobody but you gives a damned about anymore.
Kept my cool under lock and key,
and I never shed a tear,
another sign of my condidtion.
|
Calbeck
05/04/09 02:08 AM
72.208.240.8
|
Quote:
Congratulations Scott, you just opened yourself up to prosecution for copyright fraud. Since large portions of your text are taken directly from a previous and currently valid copyright.
*sigh*
Jason, I'm going to have to assume that, for the umpteenth time, you have not bothered to note that the material you're claiming I stole was used with permission when the work was created in 1993-1996. That obviates any claims of plagiarism no matter how justified you think they are. Nor have you bothered to note a basic element of copyright law: that an authorized compilation of pre-existing works creates a new work, even if there were ZERO new material added.
The rest of your complaint indicates you haven't bothered to read what you're responding to in this thread. Nor does it indicate you have any understanding of what comprises actual copyright law. You suggest I speak to a lawyer; I suggest you speak to the legal firm which is representing the defense, whose contact information I have already given you. You will need to eventually anyways, since, as you've already been advised, you have been named as a witness in this case.
Edited by Calbeck (05/04/09 02:41 AM)
|
Zandel_Corrin
05/04/09 02:41 AM
123.2.140.247
|
Cray... this seems like a random argument from so other forum brought here for the simple fact that it's been banned / locked everywhere else....
any chance we can do the same?
Galaxy Commander
Zandel Corrin
Night Dragon Clan
|
Calbeck
05/04/09 03:01 AM
72.208.240.8
|
Post deleted by Calbeck
Edited by Calbeck (05/05/09 02:29 AM)
|
Zandel_Corrin
05/04/09 03:51 AM
123.2.140.247
|
And we care about that why now?
Have you written anything recently? new novels? rules? or anything?
The rest is, as they say "history" and noone really care's anymore.... I mean the fact that the whole game was a jap anime ripoff doesn't seem to bother anyone now.
And PLEASE people... this is NOT an invitation to start THAT argument AGAIN!
Galaxy Commander
Zandel Corrin
Night Dragon Clan
|
Calbeck
05/04/09 05:45 AM
72.208.240.8
|
EDIT: Potentially-protected information redacted as per existing agreement between Plaintiff and Defendant Topps Inc.
No, and it isn't that. A key witness just asserted in a CC'ed email to myself and the defense lawyers for Topps about 20 allegations denying my copyrights and asserting all sorts of things.
Amongst these, he alleges he was told various things degrading my work, which are known by records on file with the defense to be flatly untrue, BY WIZKIDS, and then acted on their behalf in good faith to spread the word.
Why this key witness saw fit to send me all this in a CC, I don't know. I told him to contact a lawyer first, instead he contacted them AND ME at the same time.
As a result, since I now have contact information for this key witness in order that he may be subpeonaed to testify as to all these claims in court --- and try to explain them --- I've informed Topps that the window for lesser settlement offers already made is now closed, and ramped up demands for formal affirmation of my rights...as asserted by a guy who's trying to deny I have any.
Edited by Calbeck (05/05/09 02:18 AM)
|
Calbeck
05/04/09 05:49 AM
72.208.240.8
|
Now, what all THAT means is I can move ahead with new projects, once this is settled. While I haven't done "anything lately", I have plans for a product line to be created and published at my expense as formal canon, which will let players fight during the First and Second Succession Wars. This will pull on all available canon to flesh out that era and backfill as necessary to make the rest happen.
It has long been my position that the Battletech universe is loaded with fantastic stories and history that no one has seen fit --- or previously been able, due to realities of publishing --- to cover.
A BT MMO is also already in the preliminary planning stages, building off the Battleforce property (which MS does not own) and/or MegaMek (if they are willing to join forces).
|
Cray
05/04/09 08:02 AM
147.160.136.10
|
Quote:
Cray... this seems like a random argument from so other forum brought here for the simple fact that it's been banned / locked everywhere else....
That's tempting, Zandel, but this isn't an internet debate brought here from elsewhere in the usual since. Calbeck's claims are mostly "real world," and he's simply posting updates on his case to topical forums. That people respond much the same to Calbeck's posts might seem like an argument is being carried from forum to forum, but the commonality in the responses is due Calbeck's posts having the same points of irritation for the respondents over and over.
On the other hand, there are plenty of other reasons to lock down these threads. Namecalling seems to erupt pretty quickly.
Mike Miller, Materials Engineer
Disclaimer: Anything stated in this post is unofficial and non-canon unless directly quoted from a published book. Random internet musings of a BattleTech writer are not canon.
|
Prince_of_Darkness
05/04/09 07:20 PM
205.202.120.216
|
Quote:
On the other hand, there are plenty of other reasons to lock down these threads. Namecalling seems to erupt pretty quickly.
... along with some hefty doses of sarcasm 
You probably should considering some of the last posts, but it is up to you, Mr. Moderator 
|
Cray
05/04/09 09:05 PM
97.97.245.195
|
Quote:
You probably should considering some of the last posts, but it is up to you, Mr. Moderator
I'm running on the "give a man enough rope" theory.
Mike Miller, Materials Engineer
Disclaimer: Anything stated in this post is unofficial and non-canon unless directly quoted from a published book. Random internet musings of a BattleTech writer are not canon.
|
Calbeck
05/05/09 02:14 AM
72.208.240.8
|
To address Deathshadow's actual concerns:
1) A compilation of material from pre-existing works, even should it contain no new material, is a new work under US copyright law by virtue of the act of compilation. The only restriction is that all such material must be used with permission of the copyright holder. The new work in no way treads upon or invalidates the copyrights of the pre-existing works. The original seven-page work was developed in conjunction with FASA Corporation from 1993 - 1996. Battletech Line Developers which oversaw this development included Scott Jenkins, Mike Mulvihill, and Randall Bills.
Hence, all pre-existing material was used with permission, new material was added, and as such this is a new work to which I own copyright.
2) The seven-page version of the ELH History was a working draft, part of a much larger work solicited from me by Sam Lewis: the Eridani Light Horse Scenario Pack. It was not complete, contained various typos, and was sorely out of date when it was originally posted to ClassicBattleTech.com (without permission) in January 2002. The key witness being referenced claims in his statement to myself and Topps' legal defense that my work was directly "copypasta'd" by WizKids from my website.
Regardless of the justifications presented --- namely, that WizKids did not bother to proofread the work beyond the first few paragraphs --- that's copyright infringement.
3) When I found out about the illegal use of my work, I contacted WizKids via the website and we came to an agreement for its continued use, wherein I was credited as the author. Because what had been copied had been "copypasta'd" from an inferior and outdated working draft, I updated the work for the 3055 era. This new version, seventeen pages long (and referenced by link in the second post of this thread), was accepted by WizKids and published under the same terms, replacing the old version in August 2002. It contained only a few original paragraphs from preceding work, which WizKids had no problem with whatsoever, and included a lot of completely original "backfill" history which covered many gaps in the unit's timeline.
If at any time, FASA or WizKids had engaged me in a "work-for-hire" contract, all my rights would have automatically been transferred to the company. But FASA elected to use an "on speculation" agreement whereby they obtained none of my rights. WizKids published my material without imposing any sort of new terms whatsoever. So because both companies were owned by copyright owner Jordan Weisman, FASA's agreements held over to WizKids. This agreement, outlined in the 1996 Submission Guidelines, stated an intent to "merge your work cleanly into the game universe"...which is a statement of intent to create a joint work.
FASA's defense in this regard would simply have been NOT to publish the work without a work-for-hire contract in place...and they didn't. But WizKids did. And worse, Randall Bills was the Battletech Line Developer in both 1996 and 2002, being the gent who had personally sent me FASA's notice of decision not to further develop the work. He had foreknowledge that WizKids didn't have any rights to it.
In the end, the only reason I can make these claims is because WizKids pirated my work, and thereafter made multiple command decisions that they should not have, which ultimately resulted in merging my work with Battletech as a whole, whether they realized they were doing it or not. No matter how many times one wishes to assert that this happened because of negligence, however innocent or otherwise, that's not a defense in any court of law.
And because WizKids elected to create a joint work in this fashion, without any terms or conditions beyond those which were imposed by FASA in 1996, US copyright law defaults to completely equal ownership. Percentage of actual contribution means nothing; it's presumed that if the copyright owner cares enough to impose restrictions, those restrictions apply, otherwise none do.
Edited by Calbeck (05/05/09 04:49 AM)
|
Frabby
05/05/09 08:17 AM
87.164.226.129
|
Interesting as that may be, it seems to me that the legal aspects of this dispute have no impact on the BT community at large and, by extension, have no place here.
What is relevant is the (canonical) ELH history, no matter how or from what sources it was pieced together. And it's the line developer who exclusively has a say on what is canon and what is not, to the point of de-canonizing material through a retcon if he sees fit.
The current ELH article on the Sarna wiki is a mess that I may clear up if I find time, and I don't have any idea how much of the contested fiction by Calbeck was used so I cannot comment on that point as of yet.
The original piece of fiction written by Calbeck is certainly also relevant if it was really integrated into canon at a time (even if only partially and even if it was de-canonized since) and as such deserves inclusion on the wiki as a trivia item at least.
And that's that, as far as the wiki is concerned.
|
Calbeck
05/05/09 03:48 PM
72.208.240.8
|
If (and I realize of course it isn't a given) I win my case and obtain the rights I believe I have, I will own copyright to Battletech in the same way Topps does. Should CGL wish to obtain license for Battletech through me instead of Topps (see: bidding war), it will be required to implement one of the terms that WizKids had agreed to in order to settle this issue in mid-2008.
That deal would have had me, under a work-for-hire contract with no monetary compensation, combining all known canon and ex-canon versions of the ELH History into a Final Version. Since Loren Coleman helped mediate talks (though as an individual, and not as a representative of CGL), and in fact forwarded me the details of the proposal from WizKids with his own indications of approval, I don't think this would be an unlikely prospect.
Too bad this wasn't settled then. It would have handed ALL of my rights, for all Battletech-related works, to WizKids, lock stock and barrel. But since they weren't giving me anything they hadn't purported to give me in 2002 (credit for my work), I felt they needed to give up something else. I wanted the copyright, free and clear, to the character of Roy Calbeck. Nothing else.
Calbeck appears in the 1987 Mercenary Handbook as a Sergeant with the Eridani Light Horse, a Galleon tank commander with Veteran skill. That's all he was before I developed him further in my own published work, and also as an online persona. He held sentimental value for me.
WizKids balked at this one request and stopped communicating. The deal fell through.
And so here we are.
|
GiovanniBlasini
05/06/09 08:48 PM
64.183.4.46
|
Quote:
I wanted the copyright, free and clear, to the character of Roy Calbeck. Nothing else.
Calbeck appears in the 1987 Mercenary Handbook as a Sergeant with the Eridani Light Horse, a Galleon tank commander with Veteran skill. That's all he was before I developed him further in my own published work, and also as an online persona. He held sentimental value for me.
WizKids balked at this one request and stopped communicating. The deal fell through.
And so here we are.
So, to make sure I'm clear on this, you wanted the rights to a pre-existing, if undeveloped, character that belonged to FASA, and currently belongs to Topps as the current legitimate copyright holder for Battletech and the Eridani Light Horse, that you've since adopted as an online persona.
Member of the Pundit Caste
"Which side are we on? We're on the side of the demons, Chief. We're evil men in the gardens of paradise, sent by the forces of death to spread devastation and destruction wherever we go. I'm surprised you didn't know that." -- Col. Saul Tigh, BSG2003
|
Calbeck
05/06/09 11:01 PM
70.176.200.213
|
Quote:
So, to make sure I'm clear on this, you wanted the rights to a pre-existing, if undeveloped, character that belonged to FASA, and currently belongs to Topps as the current legitimate copyright holder for Battletech and the Eridani Light Horse, that you've since adopted as an online persona.
In return for giving up all rights to far more developed works which had been published online and used as canon for close to four years by WizKids, yes. I should note that I would also have been giving up the entirely original character of Major Kyle Sessions, the leading ELH Gunslinger of the Star League era, who appeared in the works I'd have been relinquishing.
Plus I'd have provided a new version of the ELH History under contract and according to WizKids specifications. For free.
So, I would have given up a character, lost all my other rights, done work for free that WizKids would own all rights to...and in return, I asked for a character with next to no development except for what I myself put into him. Not even a 'Mech pilot or officer, at that, but a tank sergeant.
Edited by Calbeck (05/06/09 11:02 PM)
|
Prince_of_Darkness
05/06/09 11:39 PM
205.202.120.216
|
You are beginning to sound more like a troll than a person seeking genuine legal action.
|
GiovanniBlasini
05/07/09 05:29 PM
64.183.4.46
|
Quote:
You are beginning to sound more like a troll than a person seeking genuine legal action.
He's got an actual court case filed in Arizona. We've been tracking this case for some time on Btechunits.com
Member of the Pundit Caste
"Which side are we on? We're on the side of the demons, Chief. We're evil men in the gardens of paradise, sent by the forces of death to spread devastation and destruction wherever we go. I'm surprised you didn't know that." -- Col. Saul Tigh, BSG2003
|
Calbeck
05/07/09 07:53 PM
70.176.200.213
|
After reading the posts there, Gio, looks like what's been going on from the beginning is dedicated flaming (even the thread title includes it). Most of the flames, though, appear to be a matter of folks simply not reading what they're quoting before responding to it.
In order to properly respond with the complete facts in the appropriate forum --- which I would not be bothering to do on that site, save that quite a few persons affiliated with CGL are posting in the same thread, including a pair of the witnesses called in this case --- I have filed for registration with the site.
I have no wish or interest for those flames to gravitate here through any personal issues you may have with my legal filings.
Edited by Calbeck (05/07/09 08:22 PM)
|
Prince_of_Darkness
05/08/09 01:08 AM
205.202.120.216
|
Quote:
Quote:
You are beginning to sound more like a troll than a person seeking genuine legal action.
He's got an actual court case filed in Arizona. We've been tracking this case for some time on Btechunits.com
I'm sorry, it's just that as time went on it seemed to become more of an elaborate trolling method than anything else to me.
|
GiovanniBlasini
05/08/09 06:08 AM
64.183.4.46
|
Quote:
In order to properly respond with the complete facts in the appropriate forum --- which I would not be bothering to do on that site, save that quite a few persons affiliated with CGL are posting in the same thread, including a pair of the witnesses called in this case --- I have filed for registration with the site.
Your application for the BtechUnits.com forums is under review by the moderator staff at this time, and you will be informed of our decision once it has been reached.
Member of the Pundit Caste
"Which side are we on? We're on the side of the demons, Chief. We're evil men in the gardens of paradise, sent by the forces of death to spread devastation and destruction wherever we go. I'm surprised you didn't know that." -- Col. Saul Tigh, BSG2003
|
Calbeck
05/08/09 08:40 AM
70.176.200.213
|
Quote:
I'm sorry, it's just that as time went on it seemed to become more of an elaborate trolling method than anything else to me.
In what way?
I've linked to reliable archives showing when CBT.com pubbed my stuff, both versions. The dates are embedded in the links. Showed the credits with my name, too. Cited the relevant law codes. Explained the entire mess in detail. If giving detailed, accurate info is trolling, you got me.
I've got 334 pages of filed documentation with the defense counsel backing all this up. And I don't have a Confidentiality Agreement that goes beyond protecting the personal contact info of witnesses and suspects.
You want a record I allege I have? Name it, I'll scan it, put it on my website and link it. Sam Lewis' original letter to me. FASA correspondence and Submission Guidelines. Emails and forum posts by Warner Doles and Loren Coleman.
I've got the goods, and I'm good for 'em.
Edited by Calbeck (05/08/09 09:49 AM)
|
Cray
05/12/09 11:03 PM
97.97.244.25
|
Calbeck, you've been approved by the mods on BTechUnits.com. Are you going to accept or not?
Mike Miller, Materials Engineer
Disclaimer: Anything stated in this post is unofficial and non-canon unless directly quoted from a published book. Random internet musings of a BattleTech writer are not canon.
|
GiovanniBlasini
05/14/09 03:44 PM
64.183.4.46
|
Quote:
Calbeck, you've been approved by the mods on BTechUnits.com. Are you going to accept or not?
Of course, someone, who is not me, and shall remain nameless (right, Ashenwelt?), forgot the domain renewal. It's been renewed now, and the site should be back up later today.
Edit: Aaaand we're back.
Member of the Pundit Caste
"Which side are we on? We're on the side of the demons, Chief. We're evil men in the gardens of paradise, sent by the forces of death to spread devastation and destruction wherever we go. I'm surprised you didn't know that." -- Col. Saul Tigh, BSG2003
Edited by GiovanniBlasini (05/14/09 09:40 PM)
|
Calbeck
05/21/09 11:13 PM
70.176.200.213
|
I've yet to receive a confirmation email, and the username/password I requested as part of the registration process does not work. Requested a resend, hasn't shown up.
Edited by Calbeck (05/21/09 11:21 PM)
|
GiovanniBlasini
05/22/09 06:29 PM
64.183.4.46
|
Quote:
I've yet to receive a confirmation email,
Might want to check your spam filter, then.
Quote:
and the username/password I requested as part of the registration process does not work.
Well, no, not without activation.
Quote:
Requested a resend, hasn't shown up.
I've checked *my* spam filter, and found no such request. Are you sure you sent said request?
But, don't worry, I went ahead and activated your account, anyway.
Member of the Pundit Caste
"Which side are we on? We're on the side of the demons, Chief. We're evil men in the gardens of paradise, sent by the forces of death to spread devastation and destruction wherever we go. I'm surprised you didn't know that." -- Col. Saul Tigh, BSG2003
|
Calbeck
05/28/09 12:22 PM
70.170.103.128
|
Thanks, it's working now. Strangely, I still couldn't login from the main page, but it worked fine on the re-entry page. Go figure...
|
|
|
Extra information
|
2 registered and 93 anonymous users are browsing this forum.
Moderator: Nic Jansma, Cray, Frabby, BobTheZombie
Print Topic
|
Forum Permissions
You cannot start new topics
You cannot reply to topics
HTML is enabled
UBBCode is enabled
|
Topic views: 16363
|
|
|
|
|
|
|