8 replies to this topic

[Goochman]

Folks,

While trying the ULS i mentioned having a Phase Zero .jag file. It was mentioned this file is not PD despite others claiming it is. The file in question has a date of 2001 on it. I have no idea where I got it from but I believe it was PD (The file even has PD in the name).

So - just to make sure Im not holding something I shouldnt - can someone confirm if PZ is readily available for folks to use but obviously not sell? Is there a version which was given out that is less complete than the Songbird version?

Just want to clear this up.

[ls650]

I believe that Carl went to the trouble of asking the developers for permission to sell carts. As far as I know there is only version available ...?

[ovalbugmann]

Yeah, I think I asked Bruce Carso & Carl about this game having different versions because there are some carts that B&C has pictured that don't have the Songbird logo. Both of them have said that all versions available(carts/binaries) are indeed the same game, and at the same point of development - mostly done but not totally finished. No-one has tried to finish/alter the game.

I think Phase Zero used to be public domain BEFORE Carl got the rights to sell and distribute it.

[Goochman]

Ok so it sounds like if the ROM was released as PD that having it in ones posseion is ok - distributing, producing, and trying to sell it would be in violation of Songbirds rights then.

[poobah]

ovalbugmann, on Sat Mar 13, 2010 7:42 PM, said:

Yeah, I think I asked Bruce Carso & Carl about this game having different versions because there are some carts that B&C has pictured that don't have the Songbird logo. Both of them have said that all versions available(carts/binaries) are indeed the same game, and at the same point of development - mostly done but not totally finished. No-one has tried to finish/alter the game.

I think Phase Zero used to be public domain BEFORE Carl got the rights to sell and distribute it.

Something can't be un-"public domained"....
Once it is public domain, it is forever.

If Carl has rights to it, than it is NOT PD.

[ovalbugmann]

Well, I guess someone should ask Carl if it's PD then or not because he is selling it and there's a Songbird label on it and he wrote an extensive article on it in: Jungle Guide #2, created a PZ box too.

If anyone asks him let us all know the status, please.

[Willard]

It's hard to tell exactly what rights Carl has- he's never been very clear about it. From his previous statements I am still uncertain as to whether or not he has an "exclusive license" or simply permission to sell the game (in which case anybody could probably get permission to sell or host it if they just bothered to ask the authors, and Carl probably has no right to go after anybody who is distributing it without a license). Here are a few previous quotes from Carl concerning the game:

From 2008

Quote

I would also like to point out that Phase Zero is a property licensed by Songbird for the Jaguar from the original developers. It was a bit of an oddball situation, because the ROM was made available publicly prior to Songbird acquiring the license, but it is not public domain.

From 2002

Quote

* They gave me permission to do "whatever I want" with Phase Zero on the Jaguar, although they are retaining copyrights.

Edited by Willard, Sun Mar 14, 2010 2:59 PM.

[Goochman]

Ok - so I feel pretty good that I got the 2001 release of the ROM when the orig developers put it out there.

As for 'to do whatever I wanted' - I believe Carl was intending to possible enhance Phase Zero and that is what he got permission to do though the authors were keeping the copyrights on the title/artwork/etc...

[JagChris]

I asked one of the old development team on YT about this. His answer on who owns PZ:

Quote

No clue. The company that made phase zero was 'hyperimage', and we killed that company in 1996 when we moved to SF. we did it under contract with atari, but i dont remember any of the contract details. theres a small chance that atari retained some sort of rights, but i doubt they cared. i wasnt involved with songbird or any sort of release of the game.

Edited by JagChris, Mon Mar 15, 2010 2:57 AM.