That's not how it is. Based on a neutral reading...
The IP is split just like a whole lot of other franchises.
F&P seem to own the code and the "design" for the first two games. In terms of copyright, that means any unique concepts. A name is not a concept. Let's use Sherlock Holmes for example. His name was not copyrightable. But the character, a highly intelligent and deductive detective who has a penchant for opium is. Song titles cannot be copyrighted, but the lyrics are like a poem. Song titles and character names (assuming they are distinguishable enough) are trademarked. So "John Smith" cannot be trademarked, nor a whole lot of song titles such as Material Girl, Stairway to Heaven, or Born to Run, yet "Yellow Submarine" and "Ziggy Stardust" were unique enough to trademark. So F&P have a copyright claim on anything that is distinguishable from common use tropes. They cannot copyright the use of "hyperspace" for example. Not only has that been used by others long before they did, so many others use that phrase. As it comes to race names just by themselves, that is not a copyright infringement but duplicating the characterizations are.
Accolade, then Atari then Stardock seem to have the rights to all trademarks for SC1&2 as well as the copyrights to any promotional materials (such as boxart). In addition, the copyrights of SC3 to the extent those are new design not part of SC1&2 . For example, the designs behind any new characters and races.
This isn't too unlike a lot of other franchises, lets say Duke Nukem where I believe the original studios own the copyrights to their own games but the Trademark passes on. I think it's 2k that owns the Trademark, but if they sell the old games, there is a royalty agreement that compensates the original studios (or those who have acquired their interest) for their copyrights.
To sell the old games, it really takes both of them. To make a proper sequel is going to take both of them. You probably aren't just going to be able just avoid using "Star Control", you'll have to change all the names like it was done with Bombshell which was intended to be a Duke Nukem game. It's a little easier for the Trademark holders. They own the names and as long is they avoid any copyrightable distinguishing characteristics, (i.e. new characters, new planets, new races), they can get away with it. Of course, both parties working together is the best as one can maintain all the "character" to the originals, which isn't what's happening here.
In short,
SC1&2: Copyrights to the game itself = F&P; Copyrights to promotional materials = Stardock; Trademarks = Stardock
SC3: Copyrights and Trademarks = Stardock excepting those copyrights that have been taken from the games SC1&2
One problem Fred and Paul seem to have is that they think copyright extends to a lot of things that it doesn't...
Post edited January 05, 2019 by RWarehall