Licenses in Worst-Case scenario

#1 Hi,

I wish this question about the EULA would get an answer, GG! Tim? Anyone? Please?

The EULA does talk about "successors and assigns", does this mean that Sierra would take over and honour the existing contracts should anything (gulp) happen to GG?
Or will our right to use the code simply vanish after months of work?


I am interested in this plus answers to a few other *simple* questions...


I have been checking out GG for some time now. The [small] development team here was looking at using V12 for a video game that has completed the initial story design phase, but the V12 was decided against since it contained little usable features for this "other-genre-type" game (non-fps). So this engine will now be developed in-house.

HOWEVER, one of our other previously completed story designs which was initially designed to use the UT engine (we have mapped and modded in UT), would benefit better with the V12 engine (it is a totally outdoor game).
SO it looks like we are seriously planning on going ahead and signing up with GG on the V12!


Questions (along with the above eula license question):

1. Since we are totally creating our own complete new game with new weapons, new characters and models, new terrains and new textures, etc., if any copyright infringment occurs on these (ie: another V12 user or other takes them without permission), will GG be the legally pursuing party since they are technically the game publisher/reseller? Or will the developer (us little guys) have this legal headache?

2. Can we (the developer) set up our own game server(s) for our finalized games for public access? Technically this is not a sale of the game (not client side).

3. The V12 code has been updated to support VC++ [6]. We currently have VC++ 5 (Visual Studio 97), with the latest V.S. Enterprise version being purchased in this fall's budget (4-8 weeks away).
Can I use VC++ 5 or are my hands tied until this fall?
I'll learn the scripting until then if this is the case.

Thanks,
David

#2 I would be interested in a response to this thread too. It is actually an intelegent thread about something that really could happen, and not just another "Garuge Gomes sux! THeY steel me monie!" thread.

#3 David,

Here are some quick answers to your questions:

1. Would we pursue copyright infringement of your work?

It depends. If your game becomes a big seller, and it is central to the success of GG, then absolutely. However, if your game is not selling many copies, and somebody takes one of your shapes and uses it in another game that is not selling well, then no. we simply will not have enough resources to pursue this type of stealing. You are welcome to pursue it yourself, but even in that case, the upside results of such action are probably not worth it.

2. Can we set up our own servers?

I don't quite understand your question. Servers to do what? Sell or distribute products? GarageGames must broker the transaction, i.e. we have to do the ecommerce billing. If you want to have the product download from your secure FTP site after we have collected the money, that would be OK. In fact, we may encourage that at some point.

3. VC 5 vs. VC 6. I'm not the tech guy. Rick or Tim will have to answer this one.

4. What happens if GG goes out of business?

Our contracts, commitments, and assets would transfer to another company or entitiy, as stated in the EULA. It would not be Sierra. It would more likely be a different publisher that would buy the assets of GG in an auction. This company could not make wholesale changes to the license agreement.

Jeff Tunnell GG

#4 Hi Jeff,

Thanks for the answers, much appreciated.

I should have been a bit more clear on #2. :-)

*Game* Servers...

I guess this question more falls into: "Since GG is selling the games for us, is GG drafting up the end-user License and what will be the content of it?" (which will basically cover my question).

ie: since we are creating a multi-player game, can we set up our own server(s) for multi-player access.
These days this is usually assumed that you can set up your own server when you purchase CS, UT, Q3, etc.
I have seen a few threads concerning whether GG would host server games, or whether hosting can be on another game hosting site. I've not seen anything concerning whether us developers can set up a game server or if our end users can do so.


#1. I agree, it only makes sense on the big-sellers.
We would like to use proprietary-format packed resource files on our game, so that makes it a bit more effort to extract files than the games where the source images and wav files are exposed in their appropriate folders.
Response to our idea and concept drawings has been overwhelmingly positive, so we will be putting a lot of effort into top-quality models, textures, voices, etc.

Thanks,
David

#5 GarageGames will have a server solution before MMPOG games are ready for publication. It will be an extra cost option. We don't know much more than that right now. It will take at least a year for anybody to make a game that is worth paying a subscription for. We will have a solution before that happens, and in time for you to make your business planning decisions.

You can set up your own servers. The biggest thing to remember is that GarageGames is always the "toll" booth, i.e. we collect all of the money, then distibute it back to you. This is the definition of publishing through GarageGames as stated in the EULA.

Jeff Tunnell GG

#6 Hi Jeff,

As always, thanks for your time and the information.

David