[SCOOP!] Activision sues Viacom for letting the Star Trek franchise stagnate

[REG]

You can read it in one of the following links:

http://www.gamingreport.com/article....&mode=&order=0

http://www.cinescape.com/0/editorial...1&obj_id=39043

http://www.scifi.com/scifiwire/art-m...01/10.30.games

At the time of this posting, I choose not to make any comment...

...but I will later.

[Sho-sa Kurita]

Well, that's an ... interesting ... move. I can understand their frustration to a degree, at least on the movie front. On the other hand, the rest of us knew DS9 and VOY would be ending at 7 years, so why didn't Activision? And why shouldn't a single series be enough to keep up interest? It happens that ENT isn't generating the interest, but it's not like Paramount purposely set out to make a lackluster series (and please let's not go down that road).

The contract would need specifics like "X number of films will be made" or "Y number of series will be on the air at a given time" for them to really have legal legs. I guess we'll see.

[SilverSkull]

and Viacom responds: http://www.trektoday.com/news/020703_01.shtml

[REG]

Additional link:

http://www.scifi.com/scifiwire/art-m...02/12.00.games

[Polanski]

AVault had this to say ...


Activision Sues Viacom Over Star Trek
Reported by: David Laprad

Activision has filed a breach of contract suit against Viacom for failing to uphold the value of the Star Trek license. Activision - in a complaint filed in the Superior Court of the State of California on June 30 - accused Viacom of breaching its fundamental promise to continue exploiting the Star Trek franchise consistent with its practice at the time the agreement was signed in 1998: "Activision cannot successfully develop and sell Star Trek video games without the product exploitation and support promised by Viacom. A continuing pipeline of movie and television production - and related marketing - is absolutely crucial to the success of video games based on a property such as Star Trek."

Activision continued: "Viacom has let the once proud Star Trek franchise stagnate and decay. [The company] has released only one Star Trek movie since entering into agreement with Activision and recently informed Activision it has no current plans for further Star Trek films. Viacom also has allowed two Star Trek television series to go off the air and the remaining series suffers from weak ratings. Viacom also frustrated Activision's efforts to coordinate the development and marketing of its games with Viacom's development and marketing of its new movies and television series."

The complaint goes on to claim that the significantly diminished the value of Star Trek licensing rights has caused Activision significant damage.

Activision - which waited until it had released Elite Force 2 to file the suit - has consequently terminated its agreement with Viacom and filed a complaint seeking to recover the damages it has allegedly suffered and will suffer as a result of Viacom's supposed failure to abide by its agreement.


Viacom Responds to Lawsuit
Reported by: David Laprad

Viacom on Tuesday responded to Activision's lawsuit over its Star Trek game license - which alleges that Viacom let the franchise deteriorate by not promoting the current TV series or making new movies: "Activision's allegations are without merit. [The company] appears to be trying to use the courts in an effort to renegotiate a deal it made in 1998 to secure the rights to the valued Star Trek franchise for interactive games."

Reuters' Ben Berkowitz points out in an article published online Tuesday that licensing disputes are common in the games business - but that it's rare for such disputes to escalate into a lawsuit. The only other major publisher in such a dispute is Acclaim Entertainment - which was sued by professional bike rider Dave Mirra over the misuse of his name.

The Star Trek franchise has spawned numerous TV series and films. Star Trek: Nemesis tanked at the box office and the latest TV series - Enterprise - has struggled in the ratings. Activision said in its lawsuit that it has already paid $11 million in royalties under the terms of the 10-year deal in addition to providing stock warrants that Viacom has exercised for revenue in excess of $10 million. The suit asks for damages and a so-called constructive trust over the warrants to keep Viacom from selling them.

Source: Reuters

[Siroth]

Well, apparently Activision is just as disappointed at the apparently impending and inevitable demise of Star Trek...

As a long-time Star Trek fan, I can't really say I blame them, since I wan't Star Trek to succeed as well.

However, I cannot see that happen when Paramount continues to produce shows like Enterprise, which IMO is sub-standard, or release a major film in direct confrontation with LOTR's Two Towers. In the latter case it was obvious what was going to happen, at least to me, and as for Enterprise, I find it so boring that I just cannot bring myself to care whether it succeeds or fails...

So apparently Activision too has now joined the growing numbers of disappointed Trek fans... Does that mean I won't be flamed for disliking Enterprise from now on? Yeah, right...

Alas, Star Trek seems to have died. The shields of the once-proud starship Enterprise are down to 10% and falling, and the Enterprise is about to crash, while the rats are trying to leave the sinking ship and the vultures are circling the carcass...

[Hirogen Alpha]

Activison should give this lawsuit up and get their Star Trek games together. Sure, they've had a few hits [Elite Force, Bridge Commander], but what about all those games that no one remembers [ConQuest Online, Hidden Evil, Away Team, etc.]?

Their lawsuit has no merit, IMHO.

[prophetsteve]

Without making a comment on the state of Trek... let me say something about the lawsuit.

Whether Activision is right and Viacom has let the franchise dwindle, is really a peripheral issue.

I mean, licenses are always risky - you pay for the right to produce whatever for an established product (Star Trek, Star Wars, Buffy, Bridges of Madison County, whatever). You pay the money with the hopes that the fans of the francise will be immediately be favorably inclined to your product. I mean, its easier to sell someone on Star Trek than if you produced an original setting. The added plus is having a great setting, characters, and props to use in your game instead of spending time devising new ones for your original setting.

The big risk is that sometimes the license rises and falls in popularity. Remember the Star Wars RPG by West End, a deal made when Star Wars was seen by Lucas as a dead francise - then came the new novels, the special edition movies, et al and the francise was megamarketable again (at least as far as Lucas was concerned).

So the opposite is true with Star Trek - Activision paid a mint on a francise it thought was worth big bucks. The francise is in a downswing in popularity so game sales aren't looking promising. While I feel for Activision, they took the risk and lost.

It goes to show any potential buyer of francise rights that there are definate risks to using existing francises for their products.

[AslanC]

Hey "Away Team" rocked!

I rank it with Birth of the Federation as one of those overlooked Star Trek gems

[Rayaru]

Originally posted by Sho-sa Kurita
It happens that ENT isn't generating the interest, but it's not like Paramount purposely set out to make a lackluster series (and please let's not go down that road).

Too late, Penny Arcade already did

http://www.penny-arcade.com/view.php...03-07-04&res=l

[REG]

Originally posted by prophetsteve

It goes to show any potential buyer of francise rights that there are definate risks to using existing francises for their products.

I wonder if that is the kind of risk any other company is willing to take, even for a company like Decipher.

[Hirogen Alpha]

Originally posted by AslanC
Hey "Away Team" rocked!

I rank it with Birth of the Federation as one of those overlooked Star Trek gems

I know, and personally I thought it was a great game with an interesting plot. Unfortunately, as far as sales go, it didn't do so well. It's too bad more people didn't overlook the game, Oh well...

BTW -
If anyone knows of any mods [or anything for that matter] for Away Team, I would be intereseted. I'd love to get into that game again. Has anyone ever thought of adapting it to an RPG setting before?

----
{Currently waiting for Elite Force II to come in the mail.}

[T'lara]

Since the ratings of the last 2 Trek series (Star Trek: Voyager & Enterprise) that have been on UPN have been lackluster in the Nelsons and terrible, as well as, the movies being how shall we say lacking overall in the box office. I am not suprised in the slightest this happened. B&B are killing the franchinse and killing Trek on TV and Movie front. Atleast my books have not been effected yet...

[Modem]

What if Activision wins???

I’m serious, if this happens, it could be the crucible for the changes that Trek’s been in need of for roughly SIX YEARS…or at least since DS9 left the airwaves.

And, if you believe the 'Trickle down Theory' (a.k.a.'Sh!t rolls Downhill' thoery), where does that put 'the Double-B Bums' (a.k.a.: Berman and Braga)? To use the old sports anology "You can't fire 'The Team', but you CAN fire 'the coaches'"

Prophetsteve; it’s called ‘Breach of Contract’, in that:
Activision promises Viacom/Paramount to put out great and exciting games from within the Trek universe, and V/P promises to continue to put out brilliant and creative ideas for the game developers to use at some point ‘down the road’…so…who’s failing their end of the contract?

(And in WEG’s case, they [WEG that is] knew the potential, I mean: Star Wars Video tape boxed/gift sets [no DVDs or ‘Special Editions’ yet], the Twentieth Anniversary [smart start time], a HUGE wealth of info from not only the movies, but Comics, Video Games, Cartoons, TV Specials…ALL considered CANON).

Oh, and for those that think Activision are just a bunch of hacks who're just peeved (like most of us) about Trek, and don't anything 'else' creative/viable...let's just say on the weekend I cuaght a preview for a game by them called 'True Crime:The Streets of LA'...and for preview, it looks better then A LOT of fully developed games on the market...

[Siroth]

Originally posted by Modem
Prophetsteve; it’s called ‘Breach of Contract’, in that:
Activision promises Viacom/Paramount to put out great and exciting games from within the Trek universe, and V/P promises to continue to put out brilliant and creative ideas for the game developers to use at some point ‘down the road’…so…who’s failing their end of the contract?

While I would definitely side with Activision in such a case (considering the poor stories in recent years and the generally sad state of Trek), the problem with that is the old phrase that 'beauty is in the eye of the beholder', or put another way, who's to say what's good and what's bad? I don't like ENT and I didn't like VOY, but there are people who do. I can tell them that I disagree with them and I can tell them why I think they're wrong, but I cannot tell them THAT they are wrong because nobody really has that authority.

No doubt Activision is going to argue declining interest in Trek as evidence of poor Trek, but then Paramount can just as easily argue that the market is just saturated with sci-fi in general (Firefly closed too, after all), and that people are less interested in sci-fi than fantasy at the moment due to franchises like Harry Potter and The Lord of the Rings.

Oh, and for those that think Activision are just a bunch of hacks who're just peeved (like most of us) about Trek, and don't anything 'else' creative/viable...let's just say on the weekend I cuaght a preview for a game by them called 'True Crime:The Streets of LA'...and for preview, it looks better then A LOT of fully developed games on the market...

Activision has done great games in the past and may continue to do so now for all I know, but as far as Trek is concerned I have a hard time forgiving them that they axed sequels/add-ons to Bridge Commander, IMHO the best Trek computer game ever, in favor of computer games I found to be far less interesting. Bridge Commander was doing okay and even went gold before it was even released, so it wasn't a case of the game selling poorly, and yet Activision axed it anyway. No fair, I say!