EULA Question
by Eric Armstrong · in Torque Game Builder · 03/10/2006 (10:45 am) · 3 replies
Just a quick question regarding commercial and indie licenses. I have an indie license, but am doing development work for someone who has a commercial license. They are releasing the game, not me, so does the provisions of the commercial EULA govern everything related to the product, or do all parties involved in the development need the same license?
I hope that makes sense... I can clarify further if need be...
I hope that makes sense... I can clarify further if need be...
#2
If Eric's game and source were viewed essentially as a code pack, as far as existing examples go he wouldn't require a commercial license for that, right? Sure he's doing work-for-hire for a single customer but the legal situation is essentially the same.
Second, Eric doesn't mention whether or not the company would take posession of the source code, but if they weren't would the company require a license at all? For example, a company comes to a TGE Indie developer and contracts them to make a specific game, not knowing or caring what technology they use to build it. The developer uses TGE, makes the complete game, and then sells it and the IP rights to the company (but doesn't transfer the source). Does the company still need a license of their own? I suppose this comes directly down to whether the license states that a developer can sell the object code to someone with the intent to re-sell it, but I can't recall anything that addresses this case one way or the other.
Just a few grey areas that I'd love to get some clarification on, if someone is able.
03/11/2006 (10:26 am)
Two questions, one directly relevent and one not so much.If Eric's game and source were viewed essentially as a code pack, as far as existing examples go he wouldn't require a commercial license for that, right? Sure he's doing work-for-hire for a single customer but the legal situation is essentially the same.
Second, Eric doesn't mention whether or not the company would take posession of the source code, but if they weren't would the company require a license at all? For example, a company comes to a TGE Indie developer and contracts them to make a specific game, not knowing or caring what technology they use to build it. The developer uses TGE, makes the complete game, and then sells it and the IP rights to the company (but doesn't transfer the source). Does the company still need a license of their own? I suppose this comes directly down to whether the license states that a developer can sell the object code to someone with the intent to re-sell it, but I can't recall anything that addresses this case one way or the other.
Just a few grey areas that I'd love to get some clarification on, if someone is able.
#3
Nothing about a 'code pack' changes anything in the license whatsoever, except for the fact that code backs in fact require commercial licenses--they aren't games, and the EULA specifically states that only "games" can be made with the Indie license.
On the second portion--if he is being hired by a company that meets the income/revenue criteria, it must be a commercial license, period. Even if there is no transfer of source code, it's still a commercial project (again if it meets the revenue criteria).
The intent here for what it's worth is to protect "real" indies (as much as we define them anyway) so they can still get great deals, but keep commercial clients who can actually afford to pay for what is still an incredibly cheap product from finding loopholes that let them get Torque for even cheaper than the commercial. Unfortunately, we see this time and again--we've had multi-million dollar companies refuse to pay the extra couple of hundred dollars per seat to fulfill the licensing requirements.
03/11/2006 (1:27 pm)
Not actually grey areas at all to be honest:Nothing about a 'code pack' changes anything in the license whatsoever, except for the fact that code backs in fact require commercial licenses--they aren't games, and the EULA specifically states that only "games" can be made with the Indie license.
On the second portion--if he is being hired by a company that meets the income/revenue criteria, it must be a commercial license, period. Even if there is no transfer of source code, it's still a commercial project (again if it meets the revenue criteria).
The intent here for what it's worth is to protect "real" indies (as much as we define them anyway) so they can still get great deals, but keep commercial clients who can actually afford to pay for what is still an incredibly cheap product from finding loopholes that let them get Torque for even cheaper than the commercial. Unfortunately, we see this time and again--we've had multi-million dollar companies refuse to pay the extra couple of hundred dollars per seat to fulfill the licensing requirements.
Torque 3D Owner Stephen Zepp
In other words, in the situation described above, if the company you are working for makes or is financed in excess of $250,000 US/year, then they need to have a commercial license seat available just for your use.
If you or they have specific questions and don't want to discuss this in the forums, you can contact us directly--send me an email with your concerns and current scenario and I can forward it off to the appropriate personnel.
It does sound as if you need access to a commercial license for your work while working for this company. It may make sense for them to buy the license, or you, but that's a decision for those parties.