X-Wing
Alliance:
Examining the Game and the Ramifications of Its Licensing Agreement
Contributed by James "Z-Man" Zamkotowicz
Kalidor 6
Updated with screen shots 4/27/99
It begins, the classic Star Wars® opening prologue, and though I have seen it before, there is always a sense of anticipation as you play that new game for the first time. Will it meet the hype and your expectations? Or will you be angered that you wasted a dime, let alone fifty dollars, on it. But your fears are allayed as the opening scene unfolds an fascinating story. With graphics rivaling "Dark Forces 2", you know its going to be good.
X-Wing® Alliance™ (XWA), the final game in the X-Wing® series, is a combination of many of the things learned from earlier games. First there was X-Wing® (XW) the original Star Wars Flight Simulator which created the series and had a strong story line. Then there was TIE Fighter® (TIE) which introduced more advanced graphics and more ships, and continued the X-Wing® story line, but from an Imperial point-of-view. Next came X-wing® vs TIE Fighter® (XvT) which introduced Multiplayer into Star Wars® Flight Simulators. Finally, Lucas Arts combined these qualities (advanced graphics, many ships, multiplayer, a solid story line, and some new interesting things,) together and we have Star Wars®: X-Wing® Alliance™.
Evacuation of Hoth
(image copyright Lucasfilm)
The story’s plot is this: You are "ACE" Azzameen, the youngest son of Tomaas Azzameen, head of Twin Suns Transport Services. In the beginning you are a private citizen, and you learn how to pilot and fight well using the family flight simulator. When you are old enough, your family lets you start flying transport missions. And these are no easy task, for there are pirates, marauders, bounty hunters, and the family enemy: the Viraxo Family (Viraxo Industries). With all these people out to get your family, why not side with the rebels and get the Imperials after you as well? You must do your best to keep the family together, and help the rebels overthrow the evil Empire.
Boba Fett's After You!
(image copyright Lucasfilm)
A new aspect in this game not seen in the previous X-Wing® games is that you fly modified light freighters (including a run in the Millenium Falcon). While slower, these freighters do have some advantages over star fighters (to see what, you’ll have to buy the game).
Ready to Fly the Falcon?
(image copyright Lucasfilm)
The methods used in this game for the user interface have also seen some improvements. Instead of the previously used 2-dimensional briefing room used in the previous game, there is a more realistic briefing room, and hologram projection. Also, more realistically the method of hyper jumping has been changed. Previously, you could hyperspace out of any area as long as there wasn’t any debris or ships in front of your ship, but it tended to bring your ship to a halt allowing the enemy to blast it to shreds. In this game in order to hyperspace, you must be about .50 away from a navigational point represented by a holographic buoy. While it can be annoying flying 10 clicks through empty space to reach a buoy, it comes in handy when there’s a fleet that you cannot defeat closing from behind you just waiting for you to fly straight and level….
The New, Improved Independence!
(image copyright Lucasfilm)
While I enjoyed the game immensely, there was one detail that caught my eye in the Licensing Agreement. Many online squadrons (such as Kalidor) and pilots create their own add-on missions. In the End User License Agreement (EULA), there is wording that several people have interpreted to mean that Lucasarts will takeover anything you create and use it as their own where they can use it, sell it, or do whatever they want without even recognizing your work.
In Hyperspace
(image copyright Lucasfilm)
I've included the clauses (verbatim) from the EULA to ensure you understand why there's been so much debate on the various message boards about this specific agreement.
In addition, I thought it might be important to include the specific clause for you to read
Rules Governing New Levels:
'New Levels' are data that modify, add to, or substitute for data in the Software,
thus modifying, adding to, or replacing levels provided by LEC in the Software, and may
also include saved games, and scenarios created using the skirmish features of the
Software. New levels may be permitted by LEC, in its sole discretion, on the following
conditions. You agree that the following conditions apply to your creation of any New
Levels:
1. New Levels must work only with the retail version of the Software, and may not work with any demo or OEM versions of the Software.
2. New Levels may not modify any COM, EXE, or DLL or other executable files.
3. New Levels must not contain any illegal, scandalous, illicit, defamatory, libelous, or objectionable material (as may be determined by LEC in its sole discretion), or any material that infringes any trademarks, copyrights, protected works, publicity, proprietary, or other rights of any third party or of LEC.
4. New Levels may not include any LEC sound effects or music files or portions thereof.
5. New Levels must identify in every description file, on-line description, read-me, and in comments in the New Level code (if any new code is added)
a. The name, address, and e:m address of the level's creators
b. The following disclaimer: "THIS LEVEL IS NOT MADE, DISTRIBUTED, OR SUPPORTED BY LUCASARTS ENTERTAINMENT COMPANY. ELEMENTS TM & (C) LUCASARTS ENTERTAINMENT COMPANY."
6. New Levels may not be sold, bartered, or distributed with any other product for which any charge is made (other than incidental charges for time spent online), but rather must be distributed free of charge.
7. By distributing or permitting the distribution of any New Levels, all creators or owners of any trademark, copyright, or other right, title or interest therein grant to LEC an irrevocable, perpetual, royalty-free sublicenseable right to distribute the New Level by any means (whether now known or here-after invented), and to create and distribute by any means (whether now known or here-after invented) derivative works thereof, and to charge for the distribution of such New Level or such derivative work, with no obligation to account to any creators or owners of the New Level in any manner.
Wedge's Famous Run
(image copyright Lucasfilm)
Regarding the creation of new missions (see above), I asked a Lucas Arts representative, Mr. Tom Sarris, the following questions. I hoped to clarify some of the concerns these new clauses have raised, particularly with members of the OPT project. Mr. Sarris' answers are given below.
Q: What is Lucas Arts position on the creation of new levels, and the creators of new levels?
A: While we don't have a formal position, our current stance is that we do not want players compromising our licensed property, i.e. Star Wars®. If they do, then they must comply with the stated rules.
Q: Why did LEC insert this clause into XWA?
A: There are three reasons:
- The clause protects LucasArts from inappropriate uses of our software;
- In the event people create levels, LucasArts does not want them sold;
- It ensures that LucasArts fully protects the rights of its properties.
Q: Is LEC planning on choosing the best new missions, and selling them as part of an upgrade?
A: No. We have no plans to do that at the present time.
Q: While the clause states that LEC does not need to recognize the creator of the game, will any credit be given if missions are used by LEC?
A: It is unlikely that we would ever use a level not specifically created by LucasArts.
Q: Under Part 4 of this clause, does this include sounds made as normal operating use of the game (when you shoot an X-Wing's lasers, you hear a shot whether it's part of an official or new mission)?
A: We do not allow the use of sound or music from our titles since it compromises their integrity. Further, it is a violation of music rights issues.
Q: Does this clause include the creation of new OPTs (new vehicles i.e.: E-wing, K-wing, and others seen in the various books / SW Essential Guide to Vehicles and Vessels (Del Rey 1996) and vehicles to be introduced in the new movies.)?
A: Our preference is that players make use of the assets that already exist in the game.
Q: What is Lucas Arts' position regarding Online gaming squadrons?
A: (No response)
Q: This being the last of the X-Wing@reg; series, will there be any future Star Wars® Combat Flight Simulators?
A: You will continue to see LucasArts
develop its Star Wars® games in a variety of familiar and popular genres.
Q: Is there any information LEC would like me to include in my article?
A: Our game fans are very important to us. We try to maintain a fine balance between allowing players to enjoy our titles while at the same time respecting and protecting the integrity of the Star Wars® property.
After talking with Mr. Sarris I believe that Lucas Arts is not trying to suppress the creativity of their customers, they’re just watching their back. Although I personally thought that the answers regarding how LA could use missions created by players were non-committal Legalese, I do not believe that it (or any of the other questions) should stop you from buying the game.
Lando's Famous Run
(image copyright Lucasfilm)
Lucas Arts has brought Star Wars and other games to new heights, and this game is definitely worth its price.
I'm Waiting For You! (evil cackle)
(James "Z-Man" Zamkotowicz is a lawyer-in-training / History major at the University of Delaware. While not cramming for the next battery of tests, the Z-Man flies Black Ops missions for Kalidor and contributes regularly with new stories and interesting tidbits about the Star Wars universe. He's usually the first to find out about the newest book, comic, or movie trailer release on the Internet. Hmmm… must be all those Bothans he knew.)
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