License question
by Gabriel Gambetta · in Torque Game Engine · 03/04/2004 (6:07 am) · 7 replies
Hello all, I've licensed Torque a while ago and haven't posted much in the forums, so I think an introduction is in order. My name is Gabriel Gambetta, I'm 23 and just got my CS degree in a private university in Montevideo, Uruguay (where I live - it's in South America). I also teach Computer Graphics there. I've founded a small indie development company (www.mrio-software.com) with a former classmate. With him (3D modeller and musician) and a couple other artists we have made some small games more or less successfully.
Now we are getting more ambitious and we are designing our first 3D game. We will probably use Torque for it, although I'm slightly concerned about compatibility issues (the tech demo didn't run in my iBook, although Think Tanks did - it does work in Windows and in Linux).
OK, now to my question - I haven't found an appropriate forum so please excuse me if this is the wrong place to ask.
The license costs $100 if my company and my publisher make less than $500K, or $10K otherwise. What's considered a publisher in this context, exactly? For example, if GarageGames itself decided to publish our game, we have to buy a $10K license? What about distributors such as RealArcade? Are they considered a publisher in this sense?
By the way, english is not my native language, so please be a little tolerant with my syntax :)
Thanks,
--Gabriel
Now we are getting more ambitious and we are designing our first 3D game. We will probably use Torque for it, although I'm slightly concerned about compatibility issues (the tech demo didn't run in my iBook, although Think Tanks did - it does work in Windows and in Linux).
OK, now to my question - I haven't found an appropriate forum so please excuse me if this is the wrong place to ask.
The license costs $100 if my company and my publisher make less than $500K, or $10K otherwise. What's considered a publisher in this context, exactly? For example, if GarageGames itself decided to publish our game, we have to buy a $10K license? What about distributors such as RealArcade? Are they considered a publisher in this sense?
By the way, english is not my native language, so please be a little tolerant with my syntax :)
Thanks,
--Gabriel
#2
What worries me is the part "you [b]and your publisher combined[b]"... most of the publishers around make much more than $500K, I guess, so we'd have to pay $10K even if our revenue is much lower? Doesn't really make sense for me, but if that's the way it is, there aren't much options...
03/04/2004 (6:34 am)
As long as we make $500K, I don't mind paying $10K for a license. I hope I had that "problem" :) What worries me is the part "you [b]and your publisher combined[b]"... most of the publishers around make much more than $500K, I guess, so we'd have to pay $10K even if our revenue is much lower? Doesn't really make sense for me, but if that's the way it is, there aren't much options...
#3
03/04/2004 (6:39 am)
If you're working with a publisher that makes 500K a year, and they won't spot you a 10K advance... find another publisher. :)
#4
03/04/2004 (7:20 am)
Exactly.
#5
03/04/2004 (7:25 am)
Sorry. You're right - I'm still thinking small. $10K is a boatload of money in this part of the world. 
#6
We recognize this problem, and are working on a solution that I think you will find more than acceptable. In fact, everybody will be excited. I hope the announcement can be made by tomorrow.
-Jeff Tunnell GG
03/04/2004 (8:25 am)
@Gabriel:We recognize this problem, and are working on a solution that I think you will find more than acceptable. In fact, everybody will be excited. I hope the announcement can be made by tomorrow.
-Jeff Tunnell GG
#7
03/04/2004 (9:17 am)
Cool - I'm lookin' forward to seein' that Jeff! 
Torque Owner Gonzo T. Clown
For all the times these questions have been asked, yours are kinda unique...
"What's considered a publisher in this context, exactly?"
My guess is the definition applies to any licensed entity that is directly involved in the production or distribution of your game. I don't think employing a law firm that makes millions of years counts for example, but if you enlisted a "broker" to handle distribution of your product, then that would qualify.
"For example, if GarageGames itself decided to publish our game, we have to buy a $10K license?"
Actually for this arguement GG is a unique entity. While they have probably surpassed the 500k mark, they are the exception to the rule. If you publish through GG then you would pay them a royalty of 35% on your game, and they would handle the ignition system(if desired) and distribution and collection. However, if you were to sell 500k worth in this manner, then you yourself would become the 500k publisher and yes, you would owe them an additional 10k out of profits. However, thats a very small price to pay, and not a goal you should be worried about till the time comes.
"What about distributors such as RealArcade? Are they considered a publisher in this sense?"
If they are a buisness, and they are helping you market or distribute your game, they qualify as long as they are above 500K per year in revenue, not profits. Even if they have 500,000 clients that each make a buck in one year, you will owe GG 10k.