[casual_games] RE: negotiation costs

Thomas H. Buscaglia thb at gameattorney.com
Sat Apr 8 13:00:33 EDT 2006


You know what Dylan said..."You don't need to be 
a weatherman to know which way the wind blows!"

All I know is that the representations of the 
revenue split and desire to "allow" developers to 
retain their IP in some cases made by Playfirst's 
VP, Kenny Durkin at the Indie Games Con sure 
seemed a little overaggressive to me.  But like I 
said, I am not sure if that is still your model or not.

And you are correct that references and private 
discussions are probably the best way to get 
information.  I know Pay Sweeny and he's aces.  I 
don;t know Susan Bell, though suspect that any 
Wilson Sonsini lawyer might be a tad pricey for most indies.

So, just what are the terms you are asking for from developers, John?

Tom B

At 08:36 PM 4/7/2006, you wrote:
>Yes, thanks for sharing such an educated opinion of two companies you
>"never actually dealt with", Tom. I'm sure that "candor" is highly
>useful to the development community.
>
>People looking for an experienced attorney that has "actually dealt
>with" companies such as PlayFirst and RealNetworks might consider one of
>the attorneys that has recently represented developers in actual
>negotiations with us:
>
>Patrick Sweeney at HB&B - psweeney <at> HBBLAW <dot> com
>Suzanne Bell at Wilson, Sonsini - sbell <at> wsgr <dot> com
>
>I'm sure I could come up with a list of five others if anyone cares for
>more.
>
>If you want the real dirt on a potential partner talk privately with
>people who have worked with them. You will learn more speaking privately
>to people who have actually dealt with the companies you are curious
>about than you will on this list. While still respecting their
>confidentiality obligations, people will generally speak more freely
>verbally in private than they will in writing in public. How would you
>connect with the right people? They were all at the Casual Game Summit
>and Minna Mingle at GDC in March, and they will be at Casuality in
>Seattle in June. You can also just ask for references; for example, we
>are happy to introduce parties we are in business discussions with to
>current/former partners as requested.
>
>Cheers,
>
>-John W.
>CEO, PlayFirst
>
>
>-----Original Message-----
>From: casual_games-bounces at igda.org
>[mailto:casual_games-bounces at igda.org] On Behalf Of Marty Plumbo
>Sent: Friday, April 07, 2006 2:38 PM
>To: IGDA Casual Games SIG Mailing List
>Subject: Re: [casual_games] RE: negotiation costs
>
>
>Well personally I have always felt that the revenue model used by Real
>Arcade was a complete screwjob for developers.  Play First seems a bit
>predatory as well, at east they did when they presented at IGC last
>October.  They may have come to their senses by now.
>
>-----  Thanks for your candor, Thomas!
>
>So, anyone have a bad experiences or impressions that you can share
>regarding Shockwave.com?
>
>YahooGames?
>
>MiniClip?
>
>MSN GameZone?
>
>GameTrust?
>
>
>
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Thomas H. Buscaglia, Esquire
The Game Attorney
T. H. Buscaglia and Associates
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