![]() ![]() As I demonstrate at some length, an express acknowledgment of this probabilistic inquiry sets the stage for a straightforward resolution of much of the theoretical tension in dilution law.Īfter offering a more complete description of the evolution of the controversy surrounding trademark dilution theory culminating in Moseley (in Section I), I turn to a reconsideration of the theory's basic definitional premise (in Section II). Although Moseley adopted the "actual dilution" standard over the competing "likelihood of dilution" formulation, I show that any evaluation of dilution necessarily requires a consideration of its probability, even if an express inquiry into its likelihood is paradoxically prohibited. My analysis also uncovers a latent paradox in the Supreme Court's decision last term in Moseley v. The article shows that once this probabilistic dimension of dilution is forthrightly acknowledged, much of the theoretical tangle in dilution law can be unraveled. In refuting this notion, I show that dilution shares an important feature in common with the traditional consumer confusion standard of trademark infringement: both require an inherent quantitative weighing of the probable extent to which the junior trademark may interfere with the senior mark. ![]() I argue that the principal source of the theoretical conflict over dilution is the pervasive conception of it as a sort of mystical construct that depends for its logical coherence on some external limiting principle. And as the old saying goes, you can't go home again.The article examines a legal theory that has plagued courts and commentators for decades on issues that cut to the core of the elusive definition of dilution and the method of its proof. Given the defects and quality issues with the game, coupled with the unrealistic price, this is impossible to recommend. Gamers just didn't take this low quality game seriously, and for good reason.ĭispersio is relatively cheap at $1 USD, but it's not worth it. Considering there's over 120 million gamers on Steam and well over 50,000 games for gamers to choose from, the overwhelming lack of interest in the game is to be expected. This is a remarkably low number, and now, the only player activity occurs once or twice a month, presumably someone loading it up to see what it is then quickly uninstalling it. At the time of this review, SteamDB shows the all-time peak player number was only 9 players. The poor quality of this game is reflected in the general public reception. These technical defects push this game below acceptable standards for any modern PC game. either way, this isn't really acceptable in the modern era of PC gaming. It's possible they developed this using an old CRT they found in a dumpster, or this game has been specifically designed for people gaming on PC's from 1995. The game only displays in 4:3 pillarboxed aspect ratio. There's no way for gamers to try improve the low quality graphics. there's no guarantee this game will look right on any PC as a result of this hamfisted design decision. There's no way for gamers to ensure this is running at the native resolution of their displays. There's no options to change the resolution for the game or customise the graphics settings. It's unclear if this is due to lack of budget or talent, regardless, the overall visual quality of the game is extremely low as a result. This platformer has you controlling some blobby pixel astronaut jumping around environments full of various moving enemies that don't make a huge amount of sense for an astronaut to have to deal with, but again I guess that's also on par with those 35 year old C-64/Spectrum games this is trying to be like.įrom a technical perspective, the game doesn't meet basic minimum requirements that most PC gamers expect as standard.Ī choice was made to use obsolete, decades old retro pixel "art" as a substitute for contemporary PC graphics. So here, it at least looks and feels authentic, so kudos to the developer for doing something they shouldn't do, but at least for doing what they shouldn't do in an accomplished manner. If you've seen any of my reviews before, you'd know of course there's a lot of disdain for lazy pixel "art" being used instead of proper graphics, but what really bugs me when pixel "art" gets used is that it doesn't resemble the gaming machines that produce them, be it because it's mismatched or just plain inauthentic. But I don't, because I was there, and nothing pleased me more than seeing technology advance and improve. And if I wanted to play C64 games, I'd emulate them. In fairness this one does a pretty good job of capturing the look and feel of 8 bit games, but that in itself is a problem because it's 2023 and Commodore 64's became obsolete over 30 years ago. Dispersio is yet another of literally thousands of 2D retro pixel platformers infesting Steam and lowering the average quality of all video games everywhere. ![]()
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