World of Goo 2 Legal Issues

24 replies [Last post]
Joined: 03/19/2010

Hey! I know I haven't posted in a while, but I just got a new computer, so . . . I guess I can talk.

If some of you haven't remembered, World of Goo 2 was still a really big fad (because 2DBOY wouldn't make it) and so it became real via fans' creativity.

Some legal issues have recently come to my attention. The name "World of Goo 2" is too closely related to 2DBOY's patented "World of Goo". The name can easily be expanded so that 2DBOY can sue me. They have contacted me about it and, regrettably, I must close down the project.

Please state any questions and comments here, thank you.

Joined: 06/19/2009

Sounds like an over-reaction on your part to me....

Lets be clear...
"World of Goo" is Trademarked.. so yes I can see they might, maybe have a problem with you using the name... "World of Goo 2" but...

Just change it... don't "close down the project" Puzzled

You say "They have contacted me about it"....
why not post a copy of the letter so that we can take a look.

Joined: 03/18/2009

Hello Enchanter.

I think you post this message as an answer to the one I posted on the http://goo2forums.webs.com forum, earlier this morning.

For those who hasn't registered on this other forum, here is what I typed :

Hello.
 
I wanted to create this thread to talk about possible issues with the name of our project.
 
I hope Martin33 doesn't mind, here is the copy of our chat on IRC about this topic :
 
Session Start: Sat Aug 28 15:29:16 2010
Session Ident: #world-of-goo
03[15:29:16] * Now talking in #world-of-goo
03[15:29:16] * Topic is 'WoG: Windows 1.30 Mac 1.30 Linux 1.41 | GooTool 1.0.2 | WogEditor 0.66 | We're all in it together!'
03[15:29:16] * Set by davidc!~david@2a01:550:8000:10a::1 on Sat May 01 13:29:03
05[15:29:17] -sargasso- xanax`: Welcome to #world-of-goo | Official website: http [:/] /2dboy.com | Official forum: http [:/] /2dboy.com/forum
 
12[16:58:27] <@xanax`> I have several questions ..
[16:58:44] <Martin33> hmm?
12[16:58:48] <@xanax`> what will be the official name of the project ? will it be really wog2 ?
[16:58:59] <Martin33> i think yes
[16:59:01] <Martin33> but i dont know
12[16:59:03] <@xanax`> I am afraid it's not possible.. because of copyright issues
12[16:59:25] <@xanax`> I am almost sure about that
[16:59:35] <Martin33> noo
[16:59:39] <Martin33> it's only a mod
12[17:00:00] <@xanax`> yes but I mean.. i am concerned about the name/word "wog2" in it
[17:00:13] <Martin33> oh.
[17:00:21] <Martin33> we can ask kyle r ron
[17:00:24] <Martin33> or ron*
12[17:00:27] <@xanax`> the name that will be chosed won't have to have it, i guess
12[17:00:43] <@xanax`> I already saw problems just like that..
[17:00:48] <Martin33> i think it shouldn't be problem
12[17:01:08] * @xanax` isn't sure..
12[17:01:20] <@xanax`> but nevermind :-°
[17:01:53] <Martin33> if it will be, we'll change name.
[17:01:54] <Martin33> [:D]

I am really worried about this subject, I think it's really serious and something we shouldn't take too lightly.

When I first heard about this project, it was months ago on the 2Dboy forum : http [:/] /2dboy.com/forum/index.php/topic,2201.msg15751.html#msg15751

Please read carefully the messages from the one I linked above. I do think these guys are right. Even if it's possible to create mods for WoG, thanks to gootool and WoG editor, noone has ever received the authorization. Why ? I guess because that doesn't hurt the publisher of the original WOG game (not 2Dboy but Brighter Minds Media) but they may not like to see another project called "wog2".

As I said in the 2Dboy forum :

I think it's copyrighted, so you'll have to chose another name.

And I do think GMMan is right when he says :

Just to let you know, though, World of Goo itself is not freeware, and if the name was a registered trademark, it would be infringement. Also, technically you're not supposed to make derivative works off of WoG, though no one really cares whether or not you do so. (Even Ron had uploaded some stuff to GooFans, so that must mean he's not against mods...)

I seriously suggest to rename the project (once it will be close to the end, or even from now) and avoid adding "world of goo 2" or "wog2" in the title.

Even if all mods are free, it's against the license, or at least it's not really said that we can make mods :

decompile, disassemble or reverse engineer the Game or otherwise attempt to gain access to its source code ...

and
create derivative works thereof ...

2Dboy or Brighter Minds Media might (one day) want to create a sequel.

I tend to think that we NEED an official letter (or email, or even better : a message on 2Dboy's blog) from the 2DBoy's team about their agreement to let us make mods. In the meantime, even goofans.com isn't 100% legal...

See you.

Come chat with us !
http://goofans.com/irc.php

Joined: 03/18/2009

In the meantime, why not just rename the project to "Escape to the Moon" or somthing like that ? (without any reference to "wog2" or "World of Goo" in the title).

Please, can we all see the letter, Enchanter ?
Thanks.

Come chat with us !
http://goofans.com/irc.php

Joined: 09/01/2009

Ron and Kyle might be concerned about us releasing a "World of Goo 2" that is standalone, rather in .goomod format like we were planning on. I'm not certain. But changing the name is a good idea.
As others have said ^^ can you copy the letter here?

Joined: 12/31/2009

I think you should just just call it "Goo 2" (It's catchy! XD) and yes, In a mod type format. Kyle and Ron had said long ago that If World Of Goo had a sequel, (2,3,4) It would get old quickly and the game wouldn't be as popular. Besides, they like what we are doing here. If you searched "Goofans" in the search bar at 2DBOY.com, you will get these results: http://2dboy.com/?s=Goofans THREE news pieces about Goofans and how they like what we are doing. We should continue with a new name, and make sure to give MAJOR Credit to Mr. Gabler and Mr. Carmel.

Joined: 03/19/2010

Okay I may have stretched the truth a little bit when I said they contacted me, but I still think we shouldn't work on it anymore.

Joined: 12/31/2009

Then what will we do with it? Far lands and TFR was released without problems, so if you don't like this, then lets continue Far Lands or something. btw meet on GOO chat.

Joined: 03/18/2009

Hi Enchanter.
Nice to meet you.

We don't know each other yet but I am sure you are attached to this project (well, I hope so). I tend to think you got a little scared after reading my post at: http://goo2forums.webs.com/apps/forums/topics/show/3315212-the-project-name.

The fact is... I am almost sure "world of goo" is copyrighted. And for "wog" or "goo" : I think they're too close to the original game to be able to use them.

What I DO think is that we NEED a real answer once for all from 2Dboy about mods, goofans, modding tools and about this project.

Here is the letter we plan to send them : http://ietherpad.com/rNEQJus2rU
I haven't sent it yet because I wanted David to come back from his holidays (next week I think) before, to let him read this letter.

The fact is ... we know nothing, we don't know if mods are legal or not (not only this project but all goofans mods). That's why I think we need their anwser.

And in the meantime, we still can continue this project but with another title, but not "wog2", "goo2" in it.

See you on the chatroom : http://goofans.com/irc.php

Come chat with us !
http://goofans.com/irc.php

Joined: 08/06/2010

Nice letter! Since Ron and Kyle have Goofans accounts, GooTool is probably safe, but it's good to check Wink

Another Planet finally has an official release! Download chapters 1 through 3 here! Thank you for waiting so long while I kept starting over.

Joined: 03/31/2009

@xanax letter

Two suggestions. Links to goo2forums don't work if your are not a contributor/moderator so you should remove them.
And You should send this letter directly do Kyle or Ron, not trough spam filtered contact at 2dboy.com. Email: ron(at)2dboy.com

Enchanter wrote:
Okay I may have stretched the truth a little bit when I said they contacted me, but I still think we shouldn't work on it anymore.

Same old Enchanter with his trickery Smile

My Gooish profile | Videos on YouTube | My WOG Mods

Joined: 06/19/2009

OK.. time for my "input"... Couple of things to clear up before we start....
If you're going to use "legal" terms... get them right...

1) The name "World of Goo" is Trademarked, not copyrighted.
2) The game .exe, data files, images and sounds are copyrighted.
3) "WoG" and "Goo2" (written like that) aren't copyrighted, trademarked or anything.
4) We know that they are aware of mods and the editors etc....
From Ron to davidc (25th June 2010 ish) on the subject of judging a future Level Design contest.

Ron wrote:
"david, we'd be honored, just give us a rough idea for the timeline to make sure we can be available for it.
also, wow, great work on the level editor! ...
props for me! Smile

5) The relevant part of the license agreement

World of Goo EULA wrote:

1.2 Restrictions. You may not
(i) decompile, disassemble or reverse engineer the Game or otherwise attempt to gain access to its source code, except to the extent that such restrictions are expressly prohibited by law;
(ii) copy, offer for public display or create derivative works thereof, except to the extent that such restrictions are expressly prohibited by law;
(iii) rent, lease, loan, sublicense or distribute the Game, or offer it on a pay-per-play, coin-op or other for charge (or free) basis;
(iv) use the Game to infringe the copyrights or other intellectual property rights of others in any way;
(v) modify or delete the copyright and other proprietary rights notices on or in the Game.

WoG2 is not... doing (i) or (iii) or (v)
So long as the creators are careful about what images and music they use, and get permission or adhere to any license agreements for them.. we're safe on (iv)

(ii) is the only place there might be an issue, and where my understanding starts to get "fuzzy"... "derivative work" is a specific legal term and, wiki aside, I'm not sure EXACTLY what it means.

But remember, so far as I know, neither Kyle nor Ron are lawyers... chances are they don't know very much more than us when it comes to this stuff.. that's why we ALL pay for lawyers!

Here's how I'd write the letter...

Hi 2DBoy,
I love you!... can I ask a question? (or two)

I'm not sure if you're aware but there's an on-going collaborative fan project to create a whole set of new chapters and levels for World of Goo with new graphics, new types of Goo Ball, continuing storyline etc.
Currently the project has the working title "World of Goo 2", but it's been pointed out that "World of Goo" is trademarked and that's got some folk a bit flustered about getting sued.

So the questions are...

i) Do you have any objections to us doing that?
Given that we intend to distribute the add-on for free via goofans.com.

ii) Do you think there will be any problem with using the name "World of Goo 2"?
or
Do you have any suggestions as to what we might ultimately call it?
As I said "World of Goo 2" is the working title so we're happy to change it, modify it, use "Unofficial" somewhere in there....

We eagerly await your reply,

{Senders Name}
The "World of Goo 2" Team

Joined: 09/01/2009

Nice letter, DaB!
You might also want to make the point somewhere (like in i) ) that this will not be a standalone application, users will have to have WOG installed already.

Enchanter: Nice to see you concerned about your/our legal safety, but next time please tell the truth, the whole truth, and nothing but the truth, ok? Wink

Joined: 08/06/2010

I like DaB's letter, too! But because Hany and GooGooAction didn't get in trouble for World of Goo: Far Lands and World of Goo: Time for Real, shouldn't it be okay if you just add a subtitle as well? (I've already taken Another Planet and Escape from the Corporation, so you can't have those Smile )

Another Planet finally has an official release! Download chapters 1 through 3 here! Thank you for waiting so long while I kept starting over.

Joined: 03/19/2010

MOM4Evr wrote:
Nice letter, DaB!
You might also want to make the point somewhere (like in i) ) that this will not be a standalone application, users will have to have WOG installed already.

Ron and Kyle already know what Gootool is and what it does. There's no need for that. I think DaB's letter is better than xanax's (no offence to you, and I already know who you are). Ron and Kyle may be more open to his.

These are my current thoughts. (PS Pavke, yes I love to use trickery on serious topics)

Joined: 03/18/2009

I knew they knew Gootool before writting this letter but I still wrote these lines to make things clear (with their written agreement).

1. if mod tools are allowed
2. if we can create goomod files (levels, gooballs)
3. what we can use in our title (I would like to know if we can use "World of Goo 2" (i seriously doubt it) but also "wog", "wog2", wog 2", "goo 2", "goo2", "goo²" ... all possibilities)
4. if we are allowed to make such an unofficial sequel

No offense to Dabs' letter but i think there are missing questions in his.

For the moment, let's focus on levels for this project and wait DavidC to come back from holidays.

Come chat with us !
http://goofans.com/irc.php

Joined: 11/04/2008

They made deliberate efforts to support modding (e.g. the 'launch a level from command line' feature in 1.30), so that's not a worry.

As far as the name goes, since it's the exact same engine, it's an expansion not a sequel, so I don't think the name 'World of Goo 2' is appropriate anyway. Perhaps something along the lines of 'World of Goo: The Asian Dynasties'... er you get the idea. You can ask them if they're happy with whatever you choose if you're concerned.

-davidc

Joined: 03/18/2009

I just sent them my letter (via the 2DBoy contact form).

Come chat with us !
http://goofans.com/irc.php

Joined: 08/06/2010

This brings up another thing...are we allowed to use images (such as the sky_blue2a or res/balls/common/body) in our own games, such as Goosweek's platform prototype or my GooFling if we own a copy of the game?

I'm sure the music is okay, because Kyle Gabler released the soundtrack.

Another Planet finally has an official release! Download chapters 1 through 3 here! Thank you for waiting so long while I kept starting over.

Joined: 01/19/2009

We did that all the time on here and they knew about it, so, as davidc said, no worries about that.

| Fly Her to the Moon (with Antigravity Goo) | Infinitive Windows Freezer (unlimited Goo playground) |

Joined: 08/06/2010

I mean using the images in another game or project, not in a goomod.

Another Planet finally has an official release! Download chapters 1 through 3 here! Thank you for waiting so long while I kept starting over.

Joined: 03/18/2009

I just received Kyle's response to my letter. Unfortunately he doesn't answer all my questions but it's still rather good for us.

Re: World of Goo modding and legal issues
 
Hey xanax, thanks for checking in, we're big fans of the modding 
community.
 
You guys are welcome to make any mod you want. 
We just ask that you use your best judgment not to create confusion with 
the "official" world of goo, or any possible sequels. 
 
So, something called "Big Dave's Big World of Goo Mod" would be fine, 
but something like "World of Goo 2" or even "wog2" would likely lead to 
customer confusion, and not good for the game or any sequels in the 
long run.
 
Hope that helps, and happy modding!
Kyle

So let's finish this mod, guys !

Come chat with us !
http://goofans.com/irc.php

Joined: 03/18/2009

xanax wrote:

So let's finish this mod, guys !

Hmm... I meant.. Let's start it, guys.. Cause there's a LOT of work left.

Come chat with us !
http://goofans.com/irc.php

Joined: 08/06/2010

So "unofficial WoG2" would be fine?

Also...didn't he specifically say a while ago that there would be NO official sequel? Hmmm...wonder what 2dBoy's working on Wink

Another Planet finally has an official release! Download chapters 1 through 3 here! Thank you for waiting so long while I kept starting over.

Joined: 09/01/2009

Sweet. Thanks for sending the letter, xanax. Let's keep on modding! Laughing out loud