Is Green 2.0 really on the horizon?

[cd288]

Originally Posted by shovelquest [You must be logged in to view images. Log in or Register.]

On trademark/game-asset use, if there’s a dispute about what you’re allowed to use, Daybreak gets the “final say” and can require you to stop using anything it decides is impermissible.

https://storage.courtlistener.com/re...19107.53.4.pdf

Not necessarily. At least not in the P99 context. An IP holder can prevent someone from using it's IP if they don't have a prior agreement with the person.

If they have a prior legal agreement, things get trickier. Things like promissory estoppel come into play. P99 has relied on Daybreak's waiver under the agreement, including by spending money on servers etc. They'd likely have a very solid estoppel argument. Wouldn't be surprised if they would win on that argument...unless they contractually agreed to waive any defenses like that in their agreement with Daybreak, I'd have to go back and read it.