Discussion Copyright and You (In regards to the recent drama)
Hi All,
17 U.S.C. § 103(a) states that "The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully."
This was famously dealt with in the case Anderson v. Stallone, 11 U.S.P.Q.2d 1161 (C.D. Cal.Ā 1989) in which a writer wrote an unsolicited and unauthorized script for Rocky IV and then tried to sue for copyright infringement claiming they stole his ideas. The court ruled that Anderson's script, being an unauthorized derivative of the first three Rocky movies, could not be afforded copyright protection.
The copyright of SWG can be broken down into two parts :
- The copyright of the code base
- The copyright of Star Wars and all related lore
SWG Copyright
The copyright of the code base belongs to the successor of SOE which is Daybreak Game Company. There is nothing legal about using the source code that was leaked so anything based on that leaked source code is in violation of their copyright.
That being said, I do not think that Daybreak would be interested in pursuing legal action because the Star Wars Galaxies code is a dead end and not used in any of their current games. There would be little benefit to them in pursuing legal action and they are a small company with limited money and they are, in my opinion, not going to waste lots of money on lawyers.
As such, you cannot copyright any modifications to this code base. None, zero zilch. Any modifications are 100% unauthorized derivatives.
The other issue is the copyright and trademarks of Star Wars itself. This is broad and expansive and Disney has a bottomless chest of m\oney to fund lawyers with.
Star Wars Copyright
Anything dealing with Star Wars is copyrighted. The names and appearances of the characters are copyrighted. The planets are copyrighted. Bespin is copyrighted.
If you are making an emulator to play the game and you are just emulating the game as it was on release, that is not, in and of itself a violation of Disney's copyrights (although using Star Wars style branding or imagery outside of screenshots of the game for fair use purposes is).
Once you start adding content, you are now making unauthorized derivative works and you cannot copyright any of this content.
A good example is Bespin. SWG Legends added Bespin a few years ago. While I'm sure the Legends team invested a lot of time and effort into creating Bespin for SWG, Bespin is the copyright of Disney. It first appeared in the movie "The Empire Strikes Back". Therefore, the SWG Legends developers cannot claim legal ownership or copyright over it.
I am making no commentary on the ethics of copying their work or breaking their encryption, I am merely pointing out that there is no way for them to claim copyright.
This goes for any mods that involve Star Wars at all. You should assume that anything you make for SWG is not copyrightable by you and act accordingly.
Finally, and, this is very important: Please do not attempt to threaten or assert any copyright claims over SWG content.
- Any DMCA notice is made under penalty of perjury. If you make a DMCA claim on something that you do not hold a legal copyright to, you could be subject to criminal charges.
- Disney routinely monitors court filings for anything that mentions their trademarks and copyrights. If you file a lawsuit involving SWG, you WILL attract their attention and it will not end well for anyone here as it would most likely involve them shutting down all emulators.




















