Save MERP

[Lefanis]

I would like to inform you of a Lord of the Rings fan modification of the Elder Scrolls Skyrim, has recently been issued a cease and desist letter from Warner Brothers Entertainment. The mod's name is MERP (Middle earth Roleplaying Project), which has been in development since before 2008 (though then for a different game). Since then, the team has matured and the mod has seen a huge boost in quality, fan support and development experience.

Now they need all the support they can get from fans, other modders, game websites, famous people and whoever can help to spread news about their current situation to show Warner Bros. how much everyone cares about their project.

After contact with Warner Brothers, they did not permit the modders to continue the project privately without public releases. They have contacted a lawyer who is trying to argue their case as transformative and under 'fair use', but they also need all the support they can get!

"There's some good in this world, Mr. Frodo... and it's worth fighting for!"
-Samwise Gamgee

http://www.gopetition.com/petitions/save-merp-from-corporate-greed/sign.html

So please sign this petition, and help get the !@#$ers at WB to back off. I'd hate to have to live in a world where people can't do brilliant and amazing things purely out of their passion for it, and only ventures with profit motives have any sort of legal rights. For me, BM has always been about that same passion, and so I can't think of anyplace better to ask for people to support this great mod.

Here's a link to the mod page.
http://www.moddb.com/mods/merp-middle-earth-roleplaying-project/

[Cren]

+ 1

[Lanyon]

+1

[Tom]

I don't support people who don't have a clue.

WB does have the rights to the movies, but unless I missed some very big news, the Tolkien Estate still holds the LOTRO rights. So WB only has a leg to stand on if the mod copies some likeness from the movies, e.g. their Gandalf looks exactly like in the movies and so does everyone else.

[Lefanis]

WB does have the rights to the movies, but unless I missed some very big news, the Tolkien Estate still holds the LOTRO rights. So WB only has a leg to stand on if the mod copies some likeness from the movies, e.g. their Gandalf looks exactly like in the movies and so does everyone else.

The Tolkien Estate sold the film and merchandise rights, which found their way to a firm called Middle-Earth/ Tolkien enterprises sometime in the seventies, a company controlled by Saul Zaentz. They licensed out the video games rights to WB. The Tolkien Estate has almost zero control over whatever Tolkien enterprises does with the IP.

Warner Bros. lawyer: As you may be aware, Warner Bros. has developed and is developing, either by itself or through a licensed third party, games based on the LOTR and Hobbit properties. From the description of MERP available publicly, we understand that it essentially amounts to a LOTR game, which contains numerous similar elements to legitimately licensed LOTR/Hobbit games. The release of MERP into the marketplace will likely result in customer confusion and cannibalization with respect to such legitimately licensed LOTR/Hobbit games and will detract from the value proposition bargained and paid for by legitimate licensees of the LOTR/Hobbit properties. Furthermore, projects and games like MERP will diminish and erode Warner Bros.’ ability to manage and protect the brand, reputation and quality of the LOTR/Hobbit properties that it has invested significant resources to cultivate over the years.

Warner Bros. lawyer: Thank you for your email. Unfortunately the removal of book content from MERP as outlined in your email does not sufficiently address our concerns, as MERP would still contain many infringing elements. Based on the information that you provided and in light of the current stage of development, we ask that all development efforts in connection with MERP be terminated at this time. This includes, among other things, cessation of the use of the name “Middle-earth”, which is the subject of a trademark registration owned by The Saul Zaentz Company d/b/a Middle-earth Enterprises. Please respond at your earliest convenience to confirm that you will comply with the foregoing demand.

The Modder- WB lawyer exchange is below.

http://www.pcgamer.com/2012/09/06/middle-earth-roleplaying-project-mod-for-skyrim-petitions-wb-to-revoke-cease-and-desist/

IMO, it's corporate bullying at its worst- most of the modders are high schoolers who were just paying homage to the book by making a mod for Skyrim.

[Indirik]

It's interesting that the article you linked specifically states, in the very first paragraph: "a detailed Skyrim mega-mod portraying the Lord of the Rings experience with quests, iconic characters, locations, and visuals lifted from the books and films." Sounds pretty incriminating to me.

Warner Brothers must legally pursue infringements and protect their IP claims. If they don't, then it is possible that others can point to this project and use it as evidence that WB doesn't care about infringement of their rights, and even use it as evidence in court. I forget exactly how it works, but someone I know who owns some trademarks explained it. Basically, you have to demonstrate that you are defending your IP rights, or you lose them. WB cannot allow something that, basically, uses all the content to which they legally own the rights.

[Tom]

Everyone gets confused about this "IP" bull!@#$ all the time.

First, "IP" stands for "Internet Protocol" and is the thing that the Internet runs on. It has nothing to do with copyright, trademarks and patents. Due to stupidity of lawyers and evilness of marketing drones, a similar term that I will not utter, is used to lump three entirely seperate things into one.

Copyright does not need to be defended, and neither do patents. On the contrary, you can wait until someone is making money hand over fist and then sue them. That's the business model of patent trolls.

Trademarks, on the other hand, do need to be actively defended or you could lose them.

[Indirik]

Ahh... that would make sense, since the guy who was talking about it was referring to his trademarked product name.

[Perth]

Sucks for those guys... but, what the heck did they think would happen? This happens to modder projects all the time. You can't just try to create a video game with exact content, characters, locales, etc. from someone else's video game/movie (especially one that would probably be better than their's) and expect them to just be okay with it.

I would much rather see the hard work, talent, and effort of people like this be put into original content and ideas. Maybe into a project like BM for example? 

[Draco Tanos]

A BattleMaster mod for Skyrim?   >.>

[Norrel]

First, "IP" stands for "Internet Protocol" and is the thing that the Internet runs on. It has nothing to do with copyright, trademarks and patents. Due to stupidity of lawyers and evilness of marketing drones, a similar term that I will not utter, is used to lump three entirely seperate things into one.

I'm pretty sure intellectual property existed before internet protocol...