2013-06-27, 05:01 PM
Great debate. I remember having this same discussion with DMP like three years ago. When I first started Fallen by the way, my plan was to sell it and make like a dollar or two profit. He advised me against it....his dark destiny has been redistributed thousands of times. It is freeware fan game, he does charge 5 bucks for a DVD copy. That fee is forhis cost of burning the disk and printing the manual..... That is his cost so by law he can charge for his disk. However he makes it known that the game is freeware....
Now let's say he charged 15 bucks for the software its self, and let's say his game was the end all to end all, and he sold a million plus units and was a breakout indie success, like super meat boy or fez....... I can almost bet from would demand a cut, because he used som. From software is still in business after all, might be different if they went belly up..... In fact they would sue, and win just for name rights to kings field alone....
Now if he bought the devolpers copy of let's say the unreal engine for 15000 bucks, he could build any darn thing he wanted, however he would still be obligated to from for royalty fee for the characters names in the game , as they are kings field characters, and from owns kings field......
To be safe I have to change the names of my characters in SQS, and the name of the game itself from swordquest.
And I HAVE legal rights to recreate the game how I see fit as it is now open source.... However DC comics owns rightsto a comic book that bears the same name and has the same characters in it.... DC told me from ttheir own mouths..... Change the names or face possible litigation..... That was enough for me to hear. Hence my version of swordquest is called SQS........ 2 people you don't,t want to mess .with.... the IRS and DC comics.
Now asking a donation is one option I will take, I might get a buck or two, but if not oh well . building a game for me is fun and a dream of mine.... If I make something on it fine if not that's great too..... But my butthole is to precious to risk crossing DC and from software. :-) 2cents from ML......................
Now let's say he charged 15 bucks for the software its self, and let's say his game was the end all to end all, and he sold a million plus units and was a breakout indie success, like super meat boy or fez....... I can almost bet from would demand a cut, because he used som. From software is still in business after all, might be different if they went belly up..... In fact they would sue, and win just for name rights to kings field alone....
Now if he bought the devolpers copy of let's say the unreal engine for 15000 bucks, he could build any darn thing he wanted, however he would still be obligated to from for royalty fee for the characters names in the game , as they are kings field characters, and from owns kings field......
To be safe I have to change the names of my characters in SQS, and the name of the game itself from swordquest.
And I HAVE legal rights to recreate the game how I see fit as it is now open source.... However DC comics owns rightsto a comic book that bears the same name and has the same characters in it.... DC told me from ttheir own mouths..... Change the names or face possible litigation..... That was enough for me to hear. Hence my version of swordquest is called SQS........ 2 people you don't,t want to mess .with.... the IRS and DC comics.
Now asking a donation is one option I will take, I might get a buck or two, but if not oh well . building a game for me is fun and a dream of mine.... If I make something on it fine if not that's great too..... But my butthole is to precious to risk crossing DC and from software. :-) 2cents from ML......................