This might anger even the least Sega Genesis fan out there.

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Originally Posted by pikointeractive

Port was all done, they would only cash a check of royalties lol.

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That kinda stinks. I could imagine a developer being concerned that the game wouldn't work well as a console release -- 40 short levels really isn't much -- and the company's name could earn a poor reputation based upon negative reviews of the port, but then say as much if so. Brushing it off due to "antiquated" hardware is pretty ridiculous by itself.

I do wonder who makes a port before getting permission to create it. Seems like a waste of effort for sure.

Where the games?

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Originally Posted by Benjamin

I do wonder who makes a port before getting permission to create it. Seems like a waste of effort for sure.

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I'm making a port of Shinobi, I haven't got permission from Sega.

I plan to port Wonderboy I, II, III, R-Type, Binary Land, Maldita Castilla, but I won't contact Westone, Irem, Hudson (but likely Locomalito).

Must I stop ?

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Originally Posted by tryphon

Must I stop ?

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If you're doing it for your own personal benefit, understanding that Sega could easily cease-and-desist your project, forbid distribution, and that you won't collect any money from it, then I think that's fine.

If you were doing it hoping to get permission after the project is finished in hopes to distribute and/or sell it, then, yes, I'd think you should stop. Secure the rights first required to release your project as intended before investing the time and energy developing the thing.

(I'm not familiar with copyright laws in France and am assuming they're at least similar enough to the countries Sega's based in to make going forward without permission a risky endeavour.)

I don't intend to make money from it, of course, but it has never been said it was the case of the Gravity Duck port developper.

Concerning cease and desist, I always wondered what was the legality of the thing. Anyway, should I get one, I'll gladly withdraw... and be the the first surprised to see copies that I didn't distribute flourish here and there, like almost all C&Ded projects I'm aware of (SOR Remake, CT Crimson whatever...)

Someone must have pirated all those computers...

Then go for it, Sega isn't likely to do a thing about it as they've been pretty nice about old game support in general, they're not Nintendo who pulls out the lynch mob with all the supplies.

As far as shooting down the Duck, not surprised. Even if it is done and they get that, it's still an expense to them, and not just on that, but if it is seen as negative in the press and reviews it could in their eyes play bad for their reputation. Antiquated is snarky but accurate. They could have been more annoyingly PC and cuddly with a no thank you and been done with it.

Personally without their OK I'd move forward on it anyway. Just bust the game open, slightly tweak the assets where someone could sue, and release it anyway. Screw them. If it's that good of a game it can stand on its own if it has a duck or a pigeon in it.

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Originally Posted by Lanzz

Gravity Duck (original flash version) is developed by Woblyware right? Are Woblyware a part of Ravenous Games?

Anyway, Gravity Duck is one of my favorite flash game...

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hmmm weird. I guess Ravendous just did the IOS versions? I'll talk to Woblyware now then.

Also, I doubt Gravity Duck is a large enough game to be on the press or have any serious amount of income compared to others like Angry Birds, or others early mobile games. A retro release should have little to no negative effect on the game.

All 11 games this guy did are ports of flash games; (and one Mobile game that doesn't work out and it has been pirated before in russia already) so I guess he assumed that if they were free to play online he could port them.

Just change the titles and update the assets to something technically original. Most flash games aren't original enough to claim copyright on anything similar. It's hard enough for major publishers of real games to prove anything in court.

Contrary to what the dev said, Gravity Duck seems perfectly fitted for an antiquated console...

I do love my antiquated consoles.

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Originally Posted by Benjamin

I'm not really seeing the issue here beyond taking offense at the use of the word "antiquated," which in context is a valid sentiment. I can't see many developers actively looking to develop on "antiquated" hardware which is only going to sell to a niche enthusiast fanbase. People who develop for old hardware are actively fans of that hardware. It's more a labor of love than looking to develop for profit.

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I agree. There's nothing to get upset about here. Megadrive is an old platform. The developers will certainly not get millions of sales as they would on IOS and Android.

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Originally Posted by tryphon

Concerning cease and desist, I always wondered what was the legality of the thing.

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Here's the thing about Cease & Desist: Even if the developers make it it clear that they don't intend to make money from their project - be it fangame, port or otherwise - and that it might even promote the brand more than it would damage it (which I would agree is a valid point in most cases) - if you haven't contacted the company in question BEFORE you started the porject and got a contractual OK to go ahead, the company is in most cases obliged to put a stop on it!

Now, I don't have a law degree, but I had several opportunities to be involved with copyright law. In most countries (first and foremost the US), copyright also encloses this: If you allow the copyright on an IP to lapse, anyone can pick it up and make money from it, and you loose your protection. What causes it to lapse? Well, for example if someone publishes a product, a piece of software or something else clearly carrying the same name, style and feel, without your involvement. If they don't take action, it is assumed that they have no interest in the copyright anymore (commercial, intellectual or otherwise); the IP, in turn, basically becomes a free for all, and the company itself has lost its control over it should they ever have plans of using it again (even if they hadn't in the last 20 years or so). (/edit: Granted it's a little more complicated than that, but in layman's terms that's the gist of it).

Are Cease and Desists legal? Strictly speaking, they are not legally binding at all - BUT: they are a warning that if you continue with the project, they will be forced to take legal action if they don't want to lose their copyright! Once that happens, the only way around that is some form of contract between those parties that clearly states that this project has the blessing and the protection of the copyright holder, for this explicit occasion.

Do I think this is stupid? In regards to fan projects, yes, because it makes things needlessly complicated. By the way, copyright law is also in part the reason why many companies have started offering their own Modding Tools, that include certain terms in their licensing agreement to mage sure no lapse of copyright can result out of it.

Oh, and regarding the OP? Well, I don't see the reason to get upset about that either. They have no interest on releasing their game on a platform that has basically been comercially dead for about 20 years. They get more money out of it if they release it on XBOX Live, PS4, Steam or mobile platforms, where it's also likely to find a bigger audience. How much money would they be able to gain if they released it on a few thousand old-style cartridges, especially if they had to split the money several ways? Yeah, it may have been nice of them to agree to it, but my guess is they want to make a name for themselves as a modern developer; releasing for the Mega Drive nowadays might pigeonhole them as a small retro developer without bigger ambitions.

It doesn't look that way. That was a very poor choice of word on behalf of that dev. Not professional. Short sighted. And downright insulting.

Poor choice of words? Maybe. But Short sighted? In what way? :confused:

/edit: Also, if we come to talk about professionalism, it's also not professional to vent your frustration about a business deal not coming together by badmouthing one party in a public forum, so... :/

He blindly cut off any potential business oportunities he may have had with the community. Whether he likes it or not, word will get out about the patronizing, unprofessional, shortsighted and insulting attitude with which he chose to portray himself.

Didn't want his perfect name marred on a public forum? Maybe he shouldn't be making products for public consumption and go around insulting a great portion of the community he serves.