Ok, here is the full email conversation, unmodified except for the removal of email addresses, response history present in emails, and email signatures.
The attachments are shown with the email to which they belong, but for convenience, I will link them here as well:
Date: Sat, 30 Jun 2018 16:16:37 +0200 (CEST)
From: Serge van den Boom
To: Henry Pailing
Subject: Contact information
Hello Henry,
I understand that you've been trying to contact me. I'm not on Steam or
Discord, but feel free to send me an email.
As you can see in the 'sender' header, my email address is
[REMOVED].
Regards,
Serge van den Boom
(Meep-Eep on the UQM forums)
Date: Sat, 30 Jun 2018 19:03:36 +0000
From: Henry Pailing
To: Serge van den Boom
Subject: Re: UQM Project
Hello,
I am the lead community manager here at Stardock. I'm contacting you to have a chat about the UQM project and Stardock's relationship with the project.
As you are probably aware, we have been developing a new Star Control<https://store.steampowered.com/app/271260/Star_Control_Origins/> title for some
time now (read: 4 years) which is scheduled for release this year in September.
In the meantime we have been going back and forth with founders and various members of the community and one issue that has been raised is idea of
preserving the UQM project for future generations. With many of us here being fans of the classic games, and some of the original talent involved with
SCO having worked on SC2 in the past, we wish to make it clear that we have no intention of interfering with the Ur-Quan Masters project now or anytime
in the future.
If you have time to talk properly I'd like to get you on something like Skype or Discord if possible or even IRC. This is more my preferred way of
discussing things since email is pretty much snailmail for me and I expect you will have quite a few questions which I can better answer in realtime. If
you want to join us on Discord all you need is to set up an account and poke me (Schism Navigator) on here:
https://discord.gg/starcontrol[https://discordapp.com/assets/ee7c382d9257652a88c8f7b7f22a994d.png]<https://discord.gg/starcontrol>
Discord - Free voice and text chat for gamers<https://discord.gg/starcontrol>
discord.gg
Step up your game with a modern voice & text chat app. Crystal clear voice, multiple server and channel support, mobile apps, and more. Get your free
server now!
On the other hand, if you prefer to have this chat all via email I'll do my best to accommodate you.
Kindest Regards,
Henry Pailing
Date: Tue, 3 Jul 2018 21:59:47 +0200 (CEST)
From: Serge van den Boom
To: Henry Pailing
Subject: Re: UQM Project
Hello Henry,
As you may or may not know, the UQM project is led by four core team
members. While I may have been the more visible person in the past, and
I am the one who administers the UQM forum and the Ultronomicon, I
cannot generally speak for all of us, and I certainly cannot make any
decisions about the future of the project on my own.
I therefor do prefer to use email, as this gives me the chance to
discuss your points with the others before responding.
I do apologise for the consequence that this will make the conversation
slower than it would otherwise be.
That said, I am certainly interested in hearing what Stardock's thoughts
are regarding the future of the UQM project.
Regards,
Serge
Date: Thu, 5 Jul 2018 01:49:26 +0000
From: Henry Pailing
To: Serge van den Boom
Subject: Re: UQM Project
Attachments:
UQM perpetual trademark license v1.pdfHello Serge,
I was not aware that there was a four-person core team involved. Is it the case that any decision has to be decided unanimously by all four then? You are
free to forward the contents of this email to the other core members of the UQM project as this is intended as an offer to the UQM Project as a whole.
We like UQM and our founders who have been helping us shape Star Control: Origins have explicitly asked us to support the Ur-Quan Masters project. You
may or may not be aware that Stardock has a long history of supporting the modding and fan communities of our games. In fact, some of our people were
hired from the modding community as well, that includes me by the way.
As a show of good faith from our end, we would like to grant your project a perpetual license to the "Ur-Quan Masters" trademark at no cost to
yourselves. This will allow you to continue using the Ur-Quan Masters name in connection with the project, so long as it remains a non-commercial
endeavour.
I know this might seem a little unusual, but it is all to make sure the lawyers are happy. The guys here, that is to say, the team working on Star
Control: Origins including the CEO himself want the Ur-Quan Masters project to continue on without any interference or legal technicalities getting in
the way. In the near future we also hope to release the Star Control 3 source code and assets.
As a bonus, we would also like to give you and the rest of the UQM core team copies of Star Control: Origins and invite you to try out the beta,
including the modding tools we have been building into it. One of our main goals is to create an engine which allows amazingly creative and dedicated
fans such as yourselves to tell, retell and remix your own adventures and we would appreciate your input.
Attached is a version of the perpetual license agreement. It has been pre-filled out with your name but it can be modified as required and sent through
DocuSign whenever possible. If you have any questions about it or anything else I've said here just ask and I will do my best to answer them.
Kindest Regards,
Henry.
Date: Tue, 17 Jul 2018 17:53:13 +0000
From: Henry Pailing
To: Serge van den Boom
Subject: Re: UQM Project
Hello Serge,
Just following up to check that you got my last message on the 5th. Hope to hear back from you soon.
Regards,
Henry Pailing
Date: Tue, 24 Jul 2018 20:12:46 +0000
From: Henry Pailing
To: Serge van den Boom
Subject: Re: UQM Project
Hey Serge,
Just another reminder. I hope everything is okay.
Regards,
Henry Pailing
Date: Fri, 27 Jul 2018 15:14:33 -0400
From: Brad Wardell
To: Serge van den Boom
Cc: Henry Pailing,
legal@stardock.com, David May
Subject: The Ur-Quan Masters project
Attachments:
UQM perpetual license agreement v2.pdfHi Serge,
My colleague, Henry Pailing, has been in contact with you regarding the UQM
project.
I'm aware that the UQM is led by a team of four members and that you are
the one who administers the UQM forum and the Ultronomicon.
As you know, Stardock acquired the Star Control trademarks in 2013 and we
very much want to support the UQM project.
Unfortunately, a trademark dispute between Paul and Fred and Stardock has
arisen forcing us to lock down the Star Control related trademarks
including the Ur-Quan Masters trademark.
Some fans have been concerned that Stardock's trademark enforcement might
have negative consequences for the UQM project. To help alleviate these
concerns we'd like a representative of the UQM who has administrative
access to the site to sign a trademark licensing agreement that will allow
UQM to continue forward as it always has.
With our release of the new Star Control game, we want to clear up any
confusion or fan concerns regarding the trademark rights surrounding Star
Control. For that reason, I'm going to have to ask that you or one of the
other members with administrative access to the UQM project site to sign
the trademark license no later than Friday, August 3.
I am attaching an updated version of the agreement that provides more
protection for the UQM project than v1 did. We are very interested in
seeing the UQM project continue forward and want to avoid seeing it being
drawn into this dispute.
If you or the other members have any questions, please don't hesitate to
ask.
Thanks,
Brad
Date: Mon, 30 Jul 2018 19:44:13 +0200 (CEST)
From: Serge van den Boom
To: Brad Wardell
Cc: Henry Pailing,
legal@stardock.com, David May
Subject: Re: The Ur-Quan Masters project
Hi Brad,
I am glad that Stardock is supportive of the UQM project, and that you
want to alleviate the fan concerns that Stardock's trademark enforcement
might have negative consequences for the UQM project.
I do not feel, however, that signing an agreement is necessary, or
indeed, in the best interest of the UQM project, or the community.
First of all, I do not have any reason to conclude that you in fact have
any tenable claim to the The Ur-Quan Masters trademark; the assets which
Stardock bought from the Atari bankruptcy sale included no claims on
this trademark, nor have you yourself used it in commerce.
On the other hand, we (the UQM team), and creators of spin-off projects,
have been continuously using 'The Ur-Quan Masters', under the auspices
of Paul Reiche and Fred Ford, since 2001.
Second, in your agreement, you want us to state that Stardock *does* own
the trademark rights, and to the extend that *we* do, assign those
trademark rights to Stardock. That seems like a step backwards to me.
Third, if we were to sign your agreement, we could not transfer or
sublicense the rights which you gave to us, which is incompatible with
an Open Source project which could be abandoned and continued by
different people at any time.
Fourth, if you do not like the way in which we use the trademarks, you
could in theory unilaterally revoke the license at any time, leaving us
with nothing.
That said, I do think that there is a genuine concern within the fan
community that Stardock's trademark enforcement might have negative
consequences for the UQM project. Not because it is perceived that your
trademark claims would stand up to scrutiny, but because a small Open
Source project of a few individuals is no match against a large company
backed by a law firm, if that company were to decide to use the Open
Source project as a pawn in a legal battle with the original creators of
the game.
Fortunately, there is a way to alleviate those concerns, and show the
fans that you would not act in bad faith against the community.
What I am suggesting is that you unilaterally grant a full and
non-revocable license to whatever necessary intellectual property rights
you hold to the community. It is my understanding that it is in fact not
required to have the licensee assert that the licensor actually has the
rights they are licensing; you could instead say 'to the degree that we
own ...'.
You could probably just publish such a license grant on Stardock's
website, and it would put a few minds at ease.
Please consider it. After all, with your new game on the way, some
positive attention is always welcome.
Regards,
Serge van den Boom
On behalf of the UQM core team:
Serge van den Boom
Mika Kolehmainen
Michael Chapman Martin
Alex Volkov