Alexim: Who seems to have the upper hand in this dispute?
Sabin_Stargem: F&P will likely win. They own all of the important bits to Star Control: Characters, ships, art, lore, ect. The only thing that Stardock owns is the name "Star Control". Stardock could have create a game that was similar to the classic games, so long as they didn't copy the content of F&P's work.
However, Stardock added elements of Star Control into Origins such as the Arilou and Zot-Fot-Pik, all before the court proceedings could be resolved. The judge didn't look kindly upon this, who plainly stated that many of Stardock's issues were of their own making.
You keep spouting your legal opinion. You don't know what you are talking about.
There are plenty of aspects to this case, starting from who owns what and all you seem to parrot are talking points straight from Fred and Paul.
As to who the judge dislikes and frowns upon, she gave a tongue-lashing to both parties starting with Fred and Paul for submitting additional addendums without asking for permission to submit addendums and exceeding 5 pages which is the legal requirement. Then both Stardock and Fred and Paul made numerous responses, again without permission and all exceeding 5 pages. She threw all of that out!!!!
Assuming that the court rules that the original games and assets belong to Fred & Paul and the Trademark and promotional materials to Stardock...which is not a certainty, but a middleground:
Fred and Paul probably lose and suffer damages for announcing their new game claiming its a true successor to "Star Control" and using the promotional materials for Star Control 2. They pretty clearly created confusion and devalued the Trademark.
As to Star Control: Origins, it's far more complicated. Names cannot be copyrighted as such and might be protected as part of the Trademark. The question is how they have been used. If they have been used in a way that greatly resembles the source material owned by Fred and Paul. That isn't a given. Look at Star Trek. Someone else owns the copyright to the design of the Enterprise. Yet, it is still being used yet in altered form without paying that copyright holder. The courts have determined that as long as the design is at least 25% different, it is not infringing. The same sort of standard will be applied here. it quite similar given that the name "Enterprise" is part of the Trademark, but the design is owned by someone else. Is the characterization and use of the various races (where used) different enough to not be infringing? That will be determined by the court.
Again, this is assuming that the rights are determined to be split. So don't presume to pretend you know how this will end. It's quite complicated and the case really hasn't even begun.
Don't read too much into the dismissed injunction either. Courts are very reluctant to issue them. The court essentially ruled that because the situation can be remedied with financial penalties to Fred and Paul for any resulting damages, no injunction is necessary. This is not a "win" for Fred and Paul. In fact, in some ways it could be construed as a warning to Fred and Paul that this DMCA claim might not be such a good idea because they would be liable for damages.
Ancient-Red-Dragon: Presuming Fred's & Paul's claim is correct (I'm not saying it is...I don't know either way), then Steam and GOG would indeed be complicit, and also Fred & Paul would indeed be involved with the game since other companies would be/have been using & profiting from their IP without their permission (that's illegal).
Really? Does that make Amazon responsible for a third-party selling counterfeit merchandise on their site? It's going to be a hard claim to make. And I don't recall any retailer being found liable for such in the past. Add to the fact that Fred and Paul had signed legal agreements regarding Star Control and Star Control 2 essentially acknowledging Atari's interests in the matter. I highly doubt it.
Does that make Steam responsible for every game that might contain infringing aspects or illegal asset flips? I doubt it.