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LennyLen

Member Since 20 Apr 2010
Online Last Active Today, 07:18 PM

Posts I've Made

In Topic: the survey

Yesterday, 04:47 PM

The update says 18 more people from Australia.  Do we even have that many professionals from Australia on the site?  I know we've got several and I assume they already took the survey, 18 more seems like a lot.

 

I attempted to, but I got cut after the first question.


In Topic: Starting a Programming Club!

26 August 2015 - 09:45 AM


Ill make sure everyone gets a part and gets to do what they like

 

And what about the parts that nobody wants to do, but that need to get done anyway? ;)


In Topic: "So... What do you do?"

26 August 2015 - 09:43 AM

If it makes you feel any better, this isn't just something that happens to game developers.  Most people have no clue what happens in any industry other than their own (and a lot of people don't even know what other people within their industry actually do).

 

I manage a restaurant.  What do you think my job entails?


In Topic: Starting a Programming Club!

25 August 2015 - 09:58 PM

One thing that you might want to be wary of is starting a group project that you all participate in. While the idea itself is a nice one, what usually happens is everyone wants to do the same thing with nobody wanting to do the boring parts. Things generally fall apart which can be quite demoralizing.  You might instead want to focus on helping each other out with your own personal projects and sharing techniques that you've learnt.


In Topic: Legal dangers for small indies

25 August 2015 - 01:55 AM

Even if you create all the art yourself from scratch, there is still some risk. If (as unlikely as this is) you'd never seen Mario before but just happened to recreate him perfectly from scratch yourself and put it in a game, you would still be infringing on Nintendo's IP, even though you had no intention to and didn't even know you were doing so. So while this obviously isn't going to happen with a character as universal as Mario, there is so much content out there that there is a chance you could accidentally infringe on some trademark without knowing it.

 

Publishing companies (and this goes for books, movies, etc as well) have entire legal departments to ensure this doesn't happen, but for a small business this simply isn't feasible. In reality, the best you can do is just create your own world and characters and avoid any real-world names.  Search any names you do come up with yourself to ensure they're not already being used. You could try image searching any art you do come up with yourself, but that may or may not work.  If you do still have some money left in your legal budget you could engage a lawyer to do basic checking for you, but with limited funds, there's only so much they'll be able to do.

 

In the end you'll just have to decide for yourself if you're willing to take some risk if you don't have the resources to ensure you're 100% ok (if there even is such a thing).

 

Regarding your question about whether or not it increases the risk if you're charging for a game - no, it doesn't.  IP infringement is the same whether you're making money off a project or not.  That being said, if another company does decide you're infringing on their IP and sues you for damages, they're likely to ask for more money if your game has been commercially successful. Though I do believe (I'm not a legal expert) that when awarding damages, the mitigating factor is not how much money your game makes, but how much the other company may have lost due to your game.


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