Wednesday, March 03, 2010


I checked out a few boards last nite and it seems this latest post has rubbed some folks the wrong way. Let me try to address here some of the most common complaints some of the game forum folks seem to be having.

#1- I AM NOT SUE HAPPY- I have never sued anyone and unless someone really steps over the line, I look at lawsuits as a last line of defense. Trust me, as someone who gone thru the process of being sued, the whole thing is a nasty, nasty, expensive business and it seems- to me- that it is meant to be. Like burying someone, divorce, our complicated tax system, and so many other institutions of our society that are important but more and more just seem like they exist for the sake of big business, there's a whole lot of people with expensive suits and expensive degrees who make a crap ton of cash off lawsuits. And I sure as hell don't want to contribute to their bottom line. And that is why I suggested sending a letter. I would guess in 99% of cases like this, no one is out to harm anyone else. It is simply a misunderstanding or an oversight that, when brought to light, could be corrected. I harbor no ill will or resentment towards the people making SCRAP METAL or the people making WAR OF THE GODS. They both sound like products right up my alley and I will be purchasing a download and a ticket to each one, respectively, once they hit...whatever their names end up being. 

#2- YOU ARE NOT AN EXPERT AT COPYRIGHT LAW AND NEITHER AM I- I know experts in copyright law (I actually do) and you, sir, are not an expert in copyright law. With the exception of MAYBE .1% of the people who are even aware of this discussion we are having, you don't know if my claims have merit in court and neither do I. And frankly, just because you or I think we are right on this, there is no real right or wrong. There is a judge who decides if there is a case and if there is, then there is a jury who decides who wins the case. And there is a lot of gray area simply because- while the law is very concrete- the subjective interpretation of that law requires a human brain. I can tell you that when I saw the titles, they rubbed me the wrong way and seemed worth mentioning. I can live with the fact that I could be wrong and I can live with the fact that most folks may not agree with me. This doesn't make me an idiot and it doesn't make you a genius. YOU go spend your precious time on this planet working with others and giving everything you've got to create some intellectual property and I assure you, you will feel protective of it. Again, being protective does not mean my assumption that these titles cross the line is right. But being a smarmy asshole- like a good % of board posters have been towards me over this issue- doesn't make you right either. It just makes you a smarmy asshole. NOTE: It has been pointed out to me that because my issues are clearly with title and not idea, this is a TRADEMARK LAW issue, not a COPYWRIGHT LAW issue. Fair enough. I stand corrected on the type of law. My comments and thoughts still stand tho. 

#3- TONE- See the big Chris Rock picture? You know, the comedian? See the quote from a Kevin Smith movie that I use for the title of this post? See the smiley face at the bottom of this post? People, I'm not on a crazy rampage about this. I never said I was going to sue anyone. I was bringing it up as something that interests me and something I thought would be worth sharing with people who come to this blog to hear about- mainly- my game making life. And I was doing so in a lighthearted manner. I assure you, this is the farthest thing from a big deal in my life. If nothing were to change on this front, I really would not care. 

#4- FOR THE LOVE OF FUCK- Finally, for the people who are like, "JAFFE! GET BACK TO WORK ON YOUR GAME!"...please, let me assure you, I am working very hard. The team is working very hard. Sony is working very hard. We are all busting ass and- even tho we may not agree on these particular legal issues- we are still eager to entertain each and every one of you with what we've got cooking. Just like you, I don't work 24 hours a day, 7 days a week. Even during my day, I take breaks. But as some of you know, I work at home. So while at your job you may hang in the breakroom with your buddies and chat about last nite's episode of LOST or what game you are playing, I video chat with friends and I blog. Fucking sue me. But the point IS, we are working hard on our game and we're looking forward to showing it to you today on GTTV...oh wait...that's not us :) 

Ok so that's my update. Thanks for reading. Later.


Ok, maybe not Lucas but Sony should. Or if I owned the rights to TWISTED METAL and GOD OF WAR, I sure as hell would at the least send a sternly worded legal letter.

Heck, I'd send two legal letters if it were me.

I mean, first Microsoft puts out a car combat game and calls it SCRAP METAL?

Hey, looks like a great game! Right up my alley! Day one purchase for me. But come on guys, isn't that just a little too close to Sony's own car combat game TWISTED METAL?

And then Sony has GOD OF WAR, a game and potential movie about mortals fighting ancient Greek Gods. And then this movie gets announced called WAR OF THE GODS about- yep!- mortals fighting ancient Greek Gods. 

And look: Sony doesn't- and should not- own the concept of the Greek Myths. Nor should they own the idea of mortal fighting ancient Gods, Greek or any other kind. That's all public domain stuff. But the TITLE? Sony DOES own that. And GOD OF WAR/WAR OF THE GODS seem a little too close to comfort ya'll.

Anyway, like I said, not my fight. I don't own shit! :)