Game Development Community

Lawsuits In The Internet Age

by Justin Mette · in General Discussion · 08/05/2002 (9:09 am) · 9 replies

Recently, my friend Chris Brethen referred me to an interesting article at Adrenaline Vault that gave me a pretty good scare. Our company, 21-6 Productions, is just going through the initial growing pains associated with publishing our first title and this topic hits close to home.

Lawsuits In The Internet Age
Brad Wardell (Project Manager of Galactic Civilizations)
January 16th, 2002

Has anyone in this community experienced or seen this type of legal activity in their careers? One thing Brad does not do in this article is talk about preventative measures. If you have seen this before, are there any recommended ways to steer clear of this kind of trouble?

#1
08/05/2002 (10:22 am)
Back about a year ago I had something like this happen to me. I was programming for a small game, on which I owned 50% of the IP of it and 90% of the work was mine. There then came a time in which the others saw that I was nearing completeion on my part of the project, so I was kicked off the team. I was still friends with one of tbe level designers so we kept intouch on what was happening. Oh by the way I should mention that the project leader had all my code, as another method of backup I would give him it because I trusted him.

Anyways 2 days after I was kicked off the team the project leader contacted his lawyer and proceded with trying to copywrite my code as his own property. Well since I am under 18 there wasnt much I could do, and on top of that I really had nothing that said it was "MY" work and not his. Finally I got him to ditch my code, but still the fact remains that he tried to steal it.

And we are still friends to this day, only now I am the ONLY one that has the source. The only thing you can really do is keep a log, and date things you do. I've heard you can now get introuble for an email and such, so maybe an email log with the team each day with each one claiming what they have done and so forth. That might still be sketchy, but its the only real thing you can do besides spend $1000's on a highpriced lawyer and other costs. Its a terrible world out there and everyone is greedy, it is survival of the fittest I guess so maybe game developers are not fit enough for the world around us?

[edited for clarity]
#2
08/05/2002 (10:41 am)
If that article is true, I'm afraid to even talk to my friends on the internet :(

Very good article.
#3
08/05/2002 (11:15 am)
I don't know what you can do about this.. except trademark everything yourself.
I myself have a similar problem. We did a freelance job for someone and the contract states that after completion he's the owner of all copyrights... however, he refused to pay the bill. He is using the material tough, but, like that article describes if you want to sue, you'll need money.
Another problem is our game. We chose a working name because we tought if we continue with this working name while in development we can always change it if someone objects to it. However our game title is becoming quit known out there, and changing names can mean losing fans. Conclusion? Trademarking it?
#4
08/05/2002 (11:26 am)
Ah, to be Webster, he should just TM everything. You know, since his book has been printing all those words for eons.

Actually, everything I just typed is TM violation.

Ack, did it again
#5
08/05/2002 (11:49 am)
ya, good article....... gives you a good heads up on what to expect when making an indie game
#6
08/05/2002 (12:40 pm)
That is a very scary article. It's almost impossible to come up with names these days without running into some kind of problem. It's pretty much a matter of making up your own words (Myrmidon) that'll allow you to get away with things. It worries me that my team's name uses a word that is also the name of a character in a 'pretty famous' movie, although A) This was not originally known, and B) the name was thought up using the definition/use of the word (there will be an announcement later this month regarding this subject).

Which brings up a good question...how do all these realistic games go about using weapons like the M4A1, Desert Eagle, Beretta M9, etc. Anyone have any experience with this?
#7
08/05/2002 (1:22 pm)
you have to ask permission to the makers. Some will give it, some won't. If they do not give you permission to use their product names...wel.. euh.. don't use em, chances are big you'll get in trouble. A good example is CS, for the retail product some gun names were changed.
Even car designs are registered. So, in theory you can't even make a race game and just rename the cars (Ford-->fart). Altough this is done actually.. some of the race games out there just changed the names of the cars... but... remember they can sue you in theory... like the article says, who has the most money to spend will win.
#8
08/05/2002 (1:52 pm)
Good article.
All I can say about it is what a load of S#@t. Too many lawyers and not enough engineers (I think it's about 10 to 1 last I heard). That's what this country has come to - a bunch of whinny back stabbing greedy a-holes. I've learned the hard way, over time, not to trust people. I used to give everyone the benefit of the doubt. Unfortunately, I don't anymore.

I wish you guys good luck in your release. It looks like it will be a good game.

-Sabrecyd
#9
08/05/2002 (2:35 pm)
I agree that's a good article. I don't know what to say. It feels like all my bitching is useless anyways.

On another note, if you haven't played the corporate machine, you must give it a try. It's an excellent game