Torque and Game Sequels
by Kenn Austin · in Torque Game Engine · 12/08/2001 (9:32 am) · 7 replies
"GarageGames does not have the right to sequels to your game as long as its content is changed at least fifty percent (50%) from the first game published."
That's a quote from the licence of the Torque Engine. It leaves me confused about a couple things.
Here are my questions:
What constitutes a change in content between an original game and its sequel(s)?
Does GG reserve the rights to sequels that have changed more than 50% from the original, but still use the Torque technology?
I didn't see the answers to these questions in this forum or in the FAQ, but I may have missed them. Sorry if I'm walking over ground that has already been covered.
Anyway, I'm looking foward to some answers...talk to me soon!
-Kenn
That's a quote from the licence of the Torque Engine. It leaves me confused about a couple things.
Here are my questions:
What constitutes a change in content between an original game and its sequel(s)?
Does GG reserve the rights to sequels that have changed more than 50% from the original, but still use the Torque technology?
I didn't see the answers to these questions in this forum or in the FAQ, but I may have missed them. Sorry if I'm walking over ground that has already been covered.
Anyway, I'm looking foward to some answers...talk to me soon!
-Kenn
About the author
Check out my new iPhone / iPod Touch game at www.fireworkshavoc.com!
#2
-Kenn
12/10/2001 (10:57 am)
Makes sense, thanks. That answers my first question, but I'm still wondering about the second. Any thoughts?-Kenn
#3
12/13/2001 (12:30 am)
i dont quiet understand what your second question is but if its using the torque engine then gg has the only selling rights.
#4
-You make a sequel to a game you used the Torque Engine for and published through GG.
-Your sequel uses the Torque Engine.
-The sequel has changed 50% or more of the material in the original game.
Now, according to the contract, if your game uses the Torque Engine you may publish it through GG only, (for a number of reasons which I will not list here). However, also according to the contract, "GarageGames does not have the right to sequels to your game as long as its content is changed at least fifty percent (50%) from the first game published."
It seems that the contract contradicts itself. All I want to know is which it is (btw, someone, I'm pretty sure you're right, but I want to hear it straight from a member of the GG staff). I may be missing something hidden somewhere else in the contract, but I don't think I am.
So GG staff members...talk to me!
-Kenn
12/13/2001 (2:04 pm)
I'll try to explain my second question. Consider this example.-You make a sequel to a game you used the Torque Engine for and published through GG.
-Your sequel uses the Torque Engine.
-The sequel has changed 50% or more of the material in the original game.
Now, according to the contract, if your game uses the Torque Engine you may publish it through GG only, (for a number of reasons which I will not list here). However, also according to the contract, "GarageGames does not have the right to sequels to your game as long as its content is changed at least fifty percent (50%) from the first game published."
It seems that the contract contradicts itself. All I want to know is which it is (btw, someone, I'm pretty sure you're right, but I want to hear it straight from a member of the GG staff). I may be missing something hidden somewhere else in the contract, but I don't think I am.
So GG staff members...talk to me!
-Kenn
#5
You still are not understanding the reasoning behind the clause. You own the IP to your game, but GG has the publishing rights. Let's take a concrete example.
You create a game called KickDude, a 3D fighting game, using the TGE. It is published on GG and becomes a reasonable hit, and Electronic Arts comes calling. Normally, in this situation, GG would represent you, we would do the deal with EA, and you would receive 80% of the money from EA. The 20% that goes to GG is for representation and the use of technology.
However, you decide that you do not want GG to represent you to EA, so you want to get sneaky. You say to EA, I'll just change the name of the product, port our content to EA's proprietary engine, and let them publish the game. This would be against the EULA.
In order to go with a different publisher you would need to use a different technology and change the content of your game 50%. If you choose to the the TGE for the sequel, we would still get publishing rights.
I hope you can understand the difference between Intellectual Property rights, sequel rights, and use of technology rights.
Jeff Tunnell GG
12/13/2001 (2:53 pm)
Kenn,You still are not understanding the reasoning behind the clause. You own the IP to your game, but GG has the publishing rights. Let's take a concrete example.
You create a game called KickDude, a 3D fighting game, using the TGE. It is published on GG and becomes a reasonable hit, and Electronic Arts comes calling. Normally, in this situation, GG would represent you, we would do the deal with EA, and you would receive 80% of the money from EA. The 20% that goes to GG is for representation and the use of technology.
However, you decide that you do not want GG to represent you to EA, so you want to get sneaky. You say to EA, I'll just change the name of the product, port our content to EA's proprietary engine, and let them publish the game. This would be against the EULA.
In order to go with a different publisher you would need to use a different technology and change the content of your game 50%. If you choose to the the TGE for the sequel, we would still get publishing rights.
I hope you can understand the difference between Intellectual Property rights, sequel rights, and use of technology rights.
Jeff Tunnell GG
#6
I jsut read your post again. To clarify. If you use the Torque Engine, it doesn't matter if your game is a sequel or not, it must be published and represented by GG.
However, you may take your game design and intellectual property rights to another publisher as long as it is changed 50% (that is a very subjective figure, but in practice it would mean substantial changes, i.e. enough to justify a 2.0 designation).
We are talking about a very specific set of circumstances that, in all likely-hood, will never occur.
Jeff Tunnell GG
12/13/2001 (2:56 pm)
Kenn,I jsut read your post again. To clarify. If you use the Torque Engine, it doesn't matter if your game is a sequel or not, it must be published and represented by GG.
However, you may take your game design and intellectual property rights to another publisher as long as it is changed 50% (that is a very subjective figure, but in practice it would mean substantial changes, i.e. enough to justify a 2.0 designation).
We are talking about a very specific set of circumstances that, in all likely-hood, will never occur.
Jeff Tunnell GG
#7
Thanks again.
-Kenn
12/14/2001 (5:53 pm)
Alright, thanks for clarifying! I think I understand what all of the kinds of rights you mentioned are. To be honest, I haven't dealt with business law all that much...(it's on my To Do list).Thanks again.
-Kenn
Torque Owner Jeff Tunnell
Jeff Tunnell GG