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The Lara-Su Chronicles and Ken Penders topic - READ PAGE 164, POST 4096

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9 hours ago, Tylinos said:

So, Ken basically just confirmed he plans to use Scourge in TLSC.

 

Charming. The man spends years refusing to call Scourge by that name or acknowledge anything of Flynn's, and now suddenly he wants to piggyback off the man's popularity and the popularity he managed to grant Anti-Sonic by reinventing him as Scourge. 

I'd be more vitriolic about this, but considering Ken's laziness/abject refusal to actually bother with anything not written by himself and the fact its increasingly unlikely he'll ever release anything of substance pertaining to this, I can't really be bothered. It's just pitiful attention mongering, and in the end, yet another thing he'll never make any progress on. 

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So, how does Ken think he'll be allowed to use those stories if they aren't his own? More than likely, SEGA (or at least Archie) owns them, so he would probably need to consult them first. Though maybe he's just bluffing and wants to lure people in with bait.

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3 hours ago, horridus said:

The rationale still eludes me. Just because Flynn CAN'T use them doesn't mean that they aren't still owned by SEGA. Like, IDW getting the license doesn't magically cause everything Archie made to just evaporate into the legal ether, free for anyone to use. 

Keep in mind this is the guy who said he picked up "Mobius" at the Goodwill SEGA and Archie left it. It doesn't surprise me he thinks he can try to do that with something less generic or that people just need to be paid and he can do whatever he wants.

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2 hours ago, SenEDDtor Missile said:

Ken, you are currently the real life version of this:

tumblr_o1ja0pEuV51qlv9bto1_1280.jpg

Just get on with it already.

Nah, he's not the 'real-life' version of that, because that'd imply he's not responsible for this mess. It's not the fictional characters' fault that their creators are only qualified to let people down. The Penders version of that is Lara-Su, nothing more or less.

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40 minutes ago, DoubleXXCross said:

Nah, he's not the 'real-life' version of that, because that'd imply he's not responsible for this mess. It's not the fictional characters' fault that their creators are only qualified to let people down. The Penders version of that is Lara-Su, nothing more or less.

I meant his mentality. He's counting chickens before they hatch by planning a whole franchise before even getting a good comi- I mean graphic novel out, much like how Mighty No. 9 tried to be a media franchise before getting a good game out.

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3 hours ago, ShadowSJG said:

Can he even use Scourge?

He owns the rights to Evil Sonic, yes. Whether he could actually use a character that is literally Sonic the Hedgehog™ with a jacket and sunglasses is... doubtful. 

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1 hour ago, FFWF said:

A quick refresher on how copyright and trademark issues work, according to my understanding (with the disclaimer that I am not a qualified legal professional):

  • You cannot own an idea, only the expression of that idea - so things like specific names, designs, extended portions of associated text.  So my understanding is that Ken cannot own the idea of "an evil Sonic," but he can own the specific character "Evil Sonic" as depicted wearing a leather jacket and sunglasses - and if anyone else tried to create an evil Sonic of a similar description, he would be entitled to claim it as an infringement on his own property.
  • However, the elements of your expression which are themselves somebody else's property cannot become yours.  So my understanding is that an Evil Sonic who looks like Sonic the Hedgehog is something he cannot completely own, and Ken cannot use the design and name of Evil Sonic without Sega's permission - and vice-versa.  It's likely that there would be similar trouble with a version of Evil Sonic who was green, had scars, and was called Scourge; it seems that Sega owns the Sonic bit, he owns the stuff which comes from Evic Sonic specifically, and whichever individuals wrote and designed the Scourge-unique elements would own those.
  • Non-commercial infringements are still illegal but are rarely pursued.  So if Ken releases all this stuff for free, he would probably be fine.  However, if he charged for it, or if he presented it in such a way as to imply it was his legitimate intellectual property in a sphere which directly competed with other Sonic the Hedgehog products, he could be in trouble.
  • By extension, works which create confusion as to the proper ownership of the material they use or which dilute the uniqueness of somebody else's property are in danger.
  • Parody, satire, and academic commentary are defensible, but not automatically legal.

So, Ken is probably to have to do change some things to avoid a lawsuit. I really hope he wises up to what he's doing

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5 hours ago, FFWF said:

  It's likely that there would be similar trouble with a version of Evil Sonic who was green, had scars, and was called Scourge; it seems that Sega owns the Sonic bit, he owns the stuff which comes from Evic Sonic specifically, and whichever individuals wrote and designed the Scourge-unique elements would own those.

Which in turn actually means SEGA owns a possible total 2/3's  of Scourge.

 

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On ‎12‎/‎29‎/‎2017 at 12:29 PM, horridus said:

The rationale still eludes me. Just because Flynn CAN'T use them doesn't mean that they aren't still owned by SEGA. Like, IDW getting the license doesn't magically cause everything Archie made to just evaporate into the legal ether, free for anyone to use. 

There's not even anything saying he can't he just said he isn't going to, Right?

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5 minutes ago, Tylinos said:

Another reminder that Ken really didn't like Karl playing with his toys during their time on the book together.  Ken sure does seem to like the idea of continuity being kept and developed on unless it involves other writers developing on what he established.

Pfft. Amazing. One of the things that enhanced the popularity of BOTH characters, and he's STILL got a sore ass over the fact that it sprang from somebody other than him. To say nothing of all that talk about how EVERYTHING was gonna be in continuity and not contradict anything and all the other crap none of us believed from him for even an instant. 

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1 hour ago, Tylinos said:

Another reminder that Ken really didn't like Karl playing with his toys during their time on the book together.  Ken only seems to like continuity being kept and developed on if it doesn't involve other writers developing on what he established.

Not surprising.

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He's really grasping on every single possible way to get any attention right now, isn't he?

It'd be fun to see him say it's a satire/parody if he ever gets into legal troubles, though I suppose he wouldn't...

 

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