Emails

Dear Sir/Madam

Please read the email below. We represent the rights to Star Fleet in the UK and France. If you contact Andy from SFXB.CO.UK he will verify who I am. I have been contacted by Yoshi Enoki from Enoki Films who has been contacted by the shows creator Go Nagai. Go Nagai is very unhappy about your website and your use of his rights. Will you please remove the game and any likeness form the site.

Yours sincerely

Richard Walker

Richard Walker Fabulous Films Ltd Pinewood Studios Pinewood Road Iver Heath Bucks SL0 0NH England Mobile-07976 729870 Direct Line-01753 656616 Switchboard-01753 651700 Website-www.fabulousfilms.co.uk

From: Yoshi Enoki (Enoki Films USA)
To: Robert Starks (Earthlink)
CC: Richard Walker (Fabulous Films); Ricki (Enoki Films USA)
Subject: Satr Fleet (X-bomber) games?
Date: Thu, 30 Oct 2008 16:10:45 -0700

Dear Robert,

We found somebody made a game(?) of "Star Fleet" in the UK.

http://www.xbomber.co.uk/

Will you please check it up? Can you contact and ask him to stop doing it? Mr. Go Nagai is not happy to know it.

Thanks.

Yoshi

Yoshi Enoki
President
Enoki Films USA, Inc.
Tel: (818) 907 6503
Fax: (818) 907 6506
Email: [ removed ]
Website: enokifilmsusa.com

Dear Sirs,

Unless I receive a reason in law (in writing from a solicitor), I shall not conscience removing any information from xbomber.co.uk based on how happy or otherwise Mr Nagai may be.

X-Bomber is no different to any other fan story or fan-image available for free download from the internet. The fact that considerable work has gone into making X-Bomber (the game) a computer-driven fan-work for over six years is neither here nor there.
I simply do not accept that X-Bomber (the game) infringes anyone's rights to make a profit. It has always been freely downloadable and it always will be.
The fact that X-Bomber is a serious and long-standing work (since 2002) should raise it above claims such as this rather than count against it.
We have never aimed to hide the fact that X-Bomber or Star Fleet have nothing to do with us. Infact our own website describes the original series and extolls its virtues while distancing ourselves from its production. I had hoped however that this fan work might gain some appreciation from the show's original creators. I simply cannot believe this attitude that has been taken to a completely selfless project that has cost me a vast amount of time and indeed money to create for everyone's enjoyment free of any charge or obligation.

You will note that there is not even ANY advertising on the site from which I offset the costs of my webhosting and for all my time and expenditure into X-Bomber (the game) I have never received one penny in return.

Using your logic all Star Fleet sites and indeed all those describing, mentioning or based on any fiction whatsoever would have to be closed down. Mr Walker's analogy, made to an associate of mine by telephone this morning, that my game is like a T-Shirt with the show's logo is specious and meaningless.

It would be beneficial to all parties, I believe, if some compromise or agreement could be made regarding this matter. Otherwise I fear that this action will be seen as blatant greed on the part of the show's creators with the show being released on DVD in the coming months. You will note that I shall be updating SFXB.co.uk's forum with the information contained in these emails and you will notice from a cursory glance at either SFXB or their website that we are close affiliates.

I would remind you that any action you may be considering will have to be tested under UK law and notify you that I am seeking legal advice both from my solicitor and from the UK Citizens Advice Bureau. I would also assure you that if any further action is taken against my my long-worked-on project that this matter will become very public.

Yours faithfully,

Piers Bell

Dear Mr Walker,

I am writing to you to inquire whether the misunderstanding mentioned below has been cleared up satisfactorily. I ask because I intend to make some changes to our website including the re-uploading of information regarding the the making of the game, which might allow its contributors to be more easily identifiable. This information obviously had to be removed with the threat of legal action looming over our project, no matter how empty that threat. I was wondering whether you had received any further feedback from Enoki Films as to why they were so displeased with our fan-game. I and many others feel that the game is an excellent and faithful tribute to the show, and I rather expected them to be quite pleased with it.

I am very sorry that some of our fans made their feelings about your takedown request known in an unneccessarily rude and aggressive manner. I hope and gather that this was not true in the majority of cases.

I wish you the very best with your upcoming DVD release and I compliment you on the very thorough and impressive job that it appears that you have made of it. It seems to be the just reward that Star Fleet's very small but loyal and active fanbase has deserved and awaited for many years. I certainly intend to purchase a copy providing that our misunderstanding has been resolved.

The only slight disappointment is that it has no extras contributed from the fan-base as is the case with many DVD releases of cult sci-fi and anime series. It would have been admirable if a feature had perhaps been made of how our game was written and how it came about, as well as background to other fan works, instead of having to push their creators into a corner.

Yours faithfully,

Piers Bell [ aka. Crash Override ]

Project Lead,
X-Bomber Game Project
xbomber.co.uk

Hi Piers

I have not heard from Yoshi Enoki recently. There has been a family bereavement, so we are trying to give him some time. I will ask when I speak to him next though

Regards

Richard Walker Fabulous Films Ltd Pinewood Studios Pinewood Road Iver Heath Bucks SL0 0NH England Mobile-07976 729870 Direct Line-01753 656616 Switchboard-01753 651700 Website-www.fabulousfilms.co.uk

Dear Richard,

I'm sorry to hear about the bereavement in the Enoki family.

I infer from your email that Fabulous Films have heard nothing further from Enoki Films regarding the matter since their email of the 30th October. On that basis it seems that this matter (that I think boils down to a misapprehension on their part about the purpose of our site) has probably been forgotten about.

I'm really just trying to confirm that there are no hard feelings over the matter as I would like to credit Enoki and Fabulous Films in the game and its materials for their co-operation and permission in making the fan-game (as well as, obviously, acknowledging their rights over the TV show). I think it's evident that I am not quite in a position to do that yet.

I feel sad that it appears that Fabulous Films has been caught up in this and instructed to, effectively, attack the fanbase; something you probably didn't want to do. Having said that, I would point out that the sundry emails and threats of legal action that we received have caused considerable stress, have fallen at a time of major personal issues for myself and family (and therefore I can greatly empathise with Mr Enoki's situation) and have distracted greatly from work on the game over the last few months while we ascertained that Enoki Films have no possible case.

I would like to take this opportunity to state that I am not here to make enemies of Enoki or Fabulous Films. If I were, I would not be writing to you now. Instead I would simply let this matter 'hang in the air'. If Enoki have a genuine reason for wanting the site removed then I am happy to listen to it. If they have suggestions or comments regarding the site or game then I will be happy to entertain those. I can think of no greater privilege than to have had some input from the show's creators right from the start when making the game. However I feel it is fair and correct to state that Enoki Films have not promoted the show or supported the fans one iota in the last nearly-30 years (it is not even mentioned or linked to on their site) and I simply cannot comply with their demand that I throw the switch on a harmless-if-not-generous project to which I and others have given so much time over more than 6 years, without them supplying any reason at all.

I would also like to take this opportunity to point out that the offensive email(s) that you received some months ago was not sent at my behest but due to a small campaign started (with the best of intentions by one of our own fans). It was certainly not what I hoped for, or expected. With regards to making all emails and information about the matter public, I would simply point out that when one party threatens another with legal action over the phone those two parties immediately become legal adversaries under the law and any expectations of confidentiality are therefore null and void except where a non-disclosure agreement prevails. The action to make the matter public was taken out of fright as it was felt that the best possible defence was the strongest possible offence. I would urge Fabulous Films to bear this in mind the next time they forward a takedown request from a rights holder.

Yours gratefully,

Piers Bell