Joystiq http://www.joystiq.com Joystiq http://www.blogsmithmedia.com/http://www.joystiq.com/media/feedlogo.gif Joystiq http://www.joystiq.com en-us Copyright 2013 Weblogs, Inc. The contents of this feed are available for non-commercial use only. Blogsmith http://www.blogsmith.com/<![CDATA[Destiny: What we know now vs details in the Activision-Bungie contract]]>http://www.joystiq.com/2013/02/17/destiny-what-we-know-now-vs-details-in-the-activision-bungie-con/http://www.joystiq.com/2013/02/17/destiny-what-we-know-now-vs-details-in-the-activision-bungie-con/http://www.joystiq.com/2013/02/17/destiny-what-we-know-now-vs-details-in-the-activision-bungie-con/#comments Examining the 'Destiny' contract between Bungie and ActivisionAs part of the litigation between Activision and former Infinity Ward heads Jason West and Vince Zampella, the publishing giant was forced to reveal terms of its publishing agreement with Bungie to launch its new franchise, Destiny.

While it's possible the contract has since been altered from its original signing date of April 16, 2010 - considering elements such as the industry's further knowledge of the next generation of consoles - we wonder how closely it resembles what Bungie and Activision have finally revealed to the public.

Using information received during our recent meeting at Bungie's Washington headquarters, we compare what we now know about Destiny and what the 2010 contract promises.

Continue reading Destiny: What we know now vs details in the Activision-Bungie contract

JoystiqDestiny: What we know now vs details in the Activision-Bungie contract originally appeared on Joystiq on Sun, 17 Feb 2013 14:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>ActivisionBungieContractdestinyLegalmicrosoftplaystationps3xboxSun, 17 Feb 2013 14:00:00 EST<![CDATA[Facebook and Zynga agree to new terms, create potential for official Facebook games]]>http://www.joystiq.com/2012/11/29/facebook-and-zynga-agree-to-new-terms-create-potential-for-offi/http://www.joystiq.com/2012/11/29/facebook-and-zynga-agree-to-new-terms-create-potential-for-offi/http://www.joystiq.com/2012/11/29/facebook-and-zynga-agree-to-new-terms-create-potential-for-offi/#comments Facebook and Zynga have worked out a new set of terms in their partnership, enabling both parties to make and promote their own games. Before the alteration, Zynga was required to use Facebook's monetization platform, and Facebook couldn't create its own titles to compete with Zynga's. The latest agreement undoes both stipulations and opens up both sides for more independence.

At this time, neither side has announced that it wants to change the way things work, so Zynga will likely still use Facebook's payments system, and Facebook hasn't announced plans to make any official games. A spokesperson for Facebook reiterated that "we will continue to work with Zynga, just as we do with developers of all sizes." It's not a break-up, in other words, but they are free to see other people.

JoystiqFacebook and Zynga agree to new terms, create potential for official Facebook games originally appeared on Joystiq on Thu, 29 Nov 2012 23:59:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>agreementbreakupcontractfacebookfarmvillegameslegalmobilemonetizationnewspcreuterssocialzyngaThu, 29 Nov 2012 23:59:00 EST<![CDATA[Minecraft XBLA was profitable within an hour, broke digital sale records]]>http://www.joystiq.com/2012/05/10/minecraft-xbla-was-profitable-within-an-hour/http://www.joystiq.com/2012/05/10/minecraft-xbla-was-profitable-within-an-hour/http://www.joystiq.com/2012/05/10/minecraft-xbla-was-profitable-within-an-hour/#comments ImageMinecraft is digging its own grave with its latest release on XBLA -- and by "grave" we mean "lavish, gold-plated throne room with indoor pool and grape-feeding robots." Minecraft was profitable within an hour of its launch on XBLA, developer Markus "Notch" Persson tweeted today. That's on top of Notch's multi-million-dollar PC version.

Based on leaderboard participation numbers, Minecraft sold more than 400,000 copies in 24 hours, Notch said. Minecraft broke digital sales records for the console, selling more than any other XBLA title in its first day, according to Microsoft.

Earlier today, Notch tweeted that he had sales numbers for Minecraft (turns out they were the above leaderboard figures), which sparked a conversation about the inner workings of XBLA developer contracts with Fez's Polytron. Polytron still doesn't know Fez's exact numbers, even though it came out a month ago.

"Standard procedure" according to Polytron is "you find out how much you sold when you get your first check three-four months later." Notch thought getting immediate numbers was standard, but he avoided contract negotiation and doesn't know what it says on the subject, he replied.

Minecraft also gets free updates, "which is something every other developer on the platform is told is simply not an option," Polytron wrote. Notch replied: "We had to fight for that, and we got a limited number of them. Not sure why they don't like it."

We may have discovered Notch's hidden talent and secret to his success: fighting for something in a contract while avoiding contract negotiation, and winning.

Continue reading Minecraft XBLA was profitable within an hour, broke digital sale records

JoystiqMinecraft XBLA was profitable within an hour, broke digital sale records originally appeared on Joystiq on Thu, 10 May 2012 16:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>contractfezmicrosoftMinecraftmojangnotchpolytronsalesXBLAxboxThu, 10 May 2012 16:30:00 EST<![CDATA[Ousted Infinity Ward founders 'plan to have an announcement very soon,' lawyer says]]>http://www.joystiq.com/2010/04/09/ousted-infinity-ward-founders-plan-to-have-an-announcement-very/http://www.joystiq.com/2010/04/09/ousted-infinity-ward-founders-plan-to-have-an-announcement-very/http://www.joystiq.com/2010/04/09/ousted-infinity-ward-founders-plan-to-have-an-announcement-very/#comments "Since being fired by Activision, Jason and Vince have taken steps to regain control over their creative future and plan to have an announcement very soon," Robert M. Schwartz, attorney for ousted Infinity Ward studio heads Jason West and Vince Zampella, told IGN.

Responding to the claims made by Activision in the countersuit filed today, Schwartz described Activision's statements as "false and outrageous" and argued that, while West and Zampella did in fact hire a Hollywood agency to represent them and consider spinning off the studio, both of those actions were driven by Activision. Their rationale for hiring the Creative Artists Agency was only to "advise them in their negotiations with Activision, and not to breach their contract," and it was Activision itself who came up with the original spinoff plans for the studio, Schwartz said.

Even if the claims were true, says the attorney, West and Zampella's actions haven't "had any negative affect on Activision -- none," before pointing out that "Modern Warfare 2 has been the world's most successful video game." Schwartz says that West and Zampella "would still be at Infinity Ward developing new games" if Activision hadn't "kicked them out."

With plans to announce something "very soon" relating to their "creative future," we expect them to be back to developing new games. Just not at Activision, of course. And under an umbrella of legal intrigue.

Full statement after the break:

Continue reading Ousted Infinity Ward founders 'plan to have an announcement very soon,' lawyer says

JoystiqOusted Infinity Ward founders 'plan to have an announcement very soon,' lawyer says originally appeared on Joystiq on Fri, 09 Apr 2010 20:56:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>activisioncaacontractcourtsinfinity-wardjason-westlegalmodern-warfaremodern-warfare-2robert-schwartzvince-zampellaFri, 09 Apr 2010 20:56:00 EST<![CDATA[LGJ: Read the fine print!]]>http://www.joystiq.com/2009/11/07/lgj-read-the-fine-print/http://www.joystiq.com/2009/11/07/lgj-read-the-fine-print/http://www.joystiq.com/2009/11/07/lgj-read-the-fine-print/#commentsEach week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:

CJ Sorg

Well, after the incident with Courtney Love and Kurt, it looks like the whole issue of famous musicians in games is back in the press with No Doubt suing Activision over Band Hero. A one time event is an anomaly, but twice in just a few months suggests something else. Of course, both of these all tie back to the contract, and since I'm a transactional attorney who spends the majority of most days negotiating and drafting agreements like these, I'm hoping I can shed a little light on what might be causing the problems. Since I wasn't involved in these particular negotiations nor have I read these contracts, all of what I'm presenting is speculation.

But before I begin, I suppose I should answer the simple question, "What is a contract?" I assume that most people reading this have at least some idea, but just in case, it's worth describing in detail. A contract is a legally binding agreement between two parties to perform certain promises in the future. In theory, to form a contract there are five elements: Offer and acceptance, consideration, intent, capacity, and formalities. In reality, it's fairly simple. The parties must have a meeting of the minds, that is agree to the same terms, which is often viewed as an offer by one party and acceptance by the other. Each party must put up something of value, called consideration, for the contract to be valid. The parties must intend to enter into a contract, and be of the appropriate mental capacity to enter into the agreement. And then the agreement is generally recorded in writing, as most jurisdictions have rules that require written agreements, which is then signed by the parties. And that is how a contract is born, in theory anyway.

Continue reading LGJ: Read the fine print!

JoystiqLGJ: Read the fine print! originally appeared on Joystiq on Sat, 07 Nov 2009 02:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>activisionband-herocolumnscontractcontract-lawcontractslawlaw-of-the-gamelawsuitlgjno-doubtSat, 07 Nov 2009 02:00:00 EST<![CDATA[AFTRA, SAG negotiate new contracts for video game voice actors]]>http://www.joystiq.com/2009/10/06/aftra-sag-negotiate-new-contracts-for-video-game-voice-actors/http://www.joystiq.com/2009/10/06/aftra-sag-negotiate-new-contracts-for-video-game-voice-actors/http://www.joystiq.com/2009/10/06/aftra-sag-negotiate-new-contracts-for-video-game-voice-actors/#comments It's fairly unlikely that you, dear reader, have done voice acting in video games, or are a card-carrying member of the Screen Actors Guild or the American Federation of Television and Radio Artists. While this news might not directly apply to you, we thought we'd take a moment to celebrate the contracts these two unions recently negotiated with video game publishers to get better wages for their respective voice-acting members.

The contracts will bump SAG members' wages up 3 percent upon ratification, bringing SAG wage hikes into parity of those offered by the AFTRA. On April 1, both groups will receive another 2.5 percent wage increase. Publishers are also now required to inform voice actors as to when they'll be doing "vocally stressful work." We're not exactly sure what that means, but we think it applies to any gravel-throated protagonist ever featured in a first-person shooter. All that gruffness is rough on the ol' pipes, dontchaknow?

[Via Big Download]

JoystiqAFTRA, SAG negotiate new contracts for video game voice actors originally appeared on Joystiq on Tue, 06 Oct 2009 21:01:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>aftracontractpublishersagunionvocal-workvoice-actingvoice-oversTue, 06 Oct 2009 21:01:00 EST<![CDATA[Subcribe to Comcast, get a Wii for fwii]]>http://www.joystiq.com/2008/07/28/subcribe-to-comcast-get-a-wii-for-fwii/http://www.joystiq.com/2008/07/28/subcribe-to-comcast-get-a-wii-for-fwii/http://www.joystiq.com/2008/07/28/subcribe-to-comcast-get-a-wii-for-fwii/#commentsFiled under: ,

It surely can't be that easy, can it? Of course not. Sure, according to a press release issued today, Comcast is offering a free Wii system to new subscribers who sign up for its "Triple Play" cable TV, phone, and internet package from now through August 17, 2008. It's also offering some fine print to go along with the deal.

Here are the catches. First off, in order to qualify for the freebie (freewii?) you must sign on for two years of Triple Play service in advance, incurring the usual outlandish termination fees should you decide to cancel before 24 months are up. Next, Comcast states that the offer is not available in all service areas and (surprise!) quantities of the Wii consoles are limited. Still, if you don't mind jumping through a few hoops (or were already considering a new cable/phone/internet provider), this may be your ticket to Wiidom.

[Via Engadget]

JoystiqSubcribe to Comcast, get a Wii for fwii originally appeared on Joystiq on Mon, 28 Jul 2008 23:00:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>comcastcontractfreeWiiMon, 28 Jul 2008 23:00:00 EST<![CDATA[Law of the Game on Joystiq: Crossover Contracts]]>http://www.joystiq.com/2008/01/16/law-of-the-game-on-joystiq-crossover-contracts/http://www.joystiq.com/2008/01/16/law-of-the-game-on-joystiq-crossover-contracts/http://www.joystiq.com/2008/01/16/law-of-the-game-on-joystiq-crossover-contracts/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq, a column on legal issues as they relate to video games:

E.T.
The various entertainment industries, from games to movies to books, are replete with crossovers from the other entertainment mediums. Some of these end products have turned out far better than others. Legally, however, they all stem from the same basic legal document: a license agreement. While this may be painfully obvious to many people, the aspect that few outside the legal or business end of the deal have considered are the terms of these agreements.

The contract is one of the cornerstones of modern society. The idea of freedom of contract stems from the writings of John Locke, and is an idea that has been generally upheld in the United States. In fact, until 1937, the concept of a "minimum wage" was even seen as contrary to the ideal of freedom of contract. While the "socialism lite" attitude of the New Deal quashed much of the pure laissez-faire freedom of contract in the US, there is still a fairly general freedom in contracts in the marketplace today.

Continue reading Law of the Game on Joystiq: Crossover Contracts

JoystiqLaw of the Game on Joystiq: Crossover Contracts originally appeared on Joystiq on Wed, 16 Jan 2008 15:15:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>columnscontractlawlaw-of-the-gamelaw-of-the-game-on-joystiqWed, 16 Jan 2008 15:15:00 EST<![CDATA[Take-Two and Thompson truce torched already?]]>http://www.joystiq.com/2007/06/28/take-two-and-thompson-truce-torched-already/http://www.joystiq.com/2007/06/28/take-two-and-thompson-truce-torched-already/http://www.joystiq.com/2007/06/28/take-two-and-thompson-truce-torched-already/#commentsFiled under: , , ,

Take-Two is telling Jack Thompson to cool down his escalating GTA IV and Manhunt 2 maneuvers or else he may be in violation of the agreement that kept him from getting disbarred, along with a slew of other potential problems, a few months ago. GamePolitics reports that Thompson received a letter from Take-Two that he may be in breach of their earlier settlement. Ever tell a kid numerous times to not touch a hot stove and they still do it anyway? Yeah, that's what this is like.

The violation revolves around Thompson sending a letter to the Governor and Attorney General of Florida "alerting" them to an "incredibly violent video game called Manhunt 2." Thompson says he agreed to stop filling suits invoking Florida's public nuisance law and contacting companies that Take-Two does business with; however, Thompson says in court filings, "Thompson DID NOT... agree not to contact government officials... no settlement agreement... that prohibits a citizen from contacting any government at any level about anything is enforceable because such a restriction on the First Amendment rights of citizens is contrary to public policy." Thompson also writes in the court documents that he's filed a complaint against Take-Two's attorneys with the Florida Bar over the June 7th letter telling him that he's in violation of the agreement. Well, maybe this helps explain a little bit what the secret meeting between Thompson and Take-Two's CEO was about.

JoystiqTake-Two and Thompson truce torched already? originally appeared on Joystiq on Thu, 28 Jun 2007 17:25:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>contractjack thompsonJackThompsonmanhunt2PS2PSPtaketwovoidWiiThu, 28 Jun 2007 17:25:00 EST<![CDATA[Major League Gaming drops $1.75 million to sign more pros]]>http://www.joystiq.com/2006/12/18/major-league-gaming-drops-1-75-million-to-sign-more-pros/http://www.joystiq.com/2006/12/18/major-league-gaming-drops-1-75-million-to-sign-more-pros/http://www.joystiq.com/2006/12/18/major-league-gaming-drops-1-75-million-to-sign-more-pros/#commentsFiled under: ,

a league of their ownMajor League Gaming has secured team Carbon, the four-man national Halo 2 champion, with a $1 million group contract, and signed additional $250,000 deals with three members of team Str8 Rippin. Having signed similar contracts with team Final Boss and Str8 Rippin captain Tom Taylor back in June, MLG now has exclusive rights to three of the nation's top l33t pro-gaming teams.

You can currently watch these fine young lads do battle on USA Network's coverage of the 2006 Boost Mobile MLG Pro Circuit on Saturday mornings.

[Thanks, Raymond]

JoystiqMajor League Gaming drops $1.75 million to sign more pros originally appeared on Joystiq on Mon, 18 Dec 2006 14:55:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>CarbonContractHalo 2Halo2Major League GamingMajorLeagueGamingMLGProProfessionalStr8 RippinStr8RippinMon, 18 Dec 2006 14:55:00 EST