Catch them underpaying you? There's no penalty clause (you're repaid only what was withheld), and you're going to pay for that auditor even if you DO prove fraud. For the Nth time, the exploitation is not just penalty-free but also PROFITABLE if I don't opt to gamble that cost.
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Have a disagreement over being told to add advertising systems to your game, or over changing/adding content you don't agree with? Guess what - they can have a 3rd-party dev it anyway, and you're paying for it. (Also no defined budget/cost limit on this, as before)
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When I voiced heavy concerns with the contract, they were surprised. Like, very honestly surprised. Again, I don't think they *meant* harm or to exploit. But predatory behaviour has been normalized in the industry. I guess it just doesn't stand out anymore.pic.twitter.com/UpOzeKfzCf
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They responded by asserting the contract *couldn't* be exploitative b/c top lawyers in the industry wrote it
and b/c other devs have signed it. The fact that they still easily sign devs on this is a poor reflection on the industry, not a vote in favour of the practice.18 replies 130 retweets 2,696 likesShow this thread -
Important context: They approached *me*. I wasn't looking for a publisher, and already had enough (barely, but enough) Kickstarter funds to go without them. These were the terms offered with literally as much leverage as someone in my in my position can have.
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If you're reading this hoping to find a publisher to take your small project to the next level: Get the contract. READ the contract. Skip to the terms of termination and check what happens if something goes wrong.
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Check how often and how quickly you get paid, and what visibility you have into the accounting process. Check how disagreements are resolved, and what triggers penalization. Check that they actually have to launch your game. CHECK.
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No matter what you're told conversationally, and regardless of if the people you're speaking with mean well (which they probably do), the legal terms are the ONLY guarantees you have as to how the business has to treat you - and a business will never put you first in a pinch.
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You are a person. They are a business. Don't capitulate and don't indebt yourself. Me, I'm going to make the damn game anyways, you know? Be good to each other. Thanks for reading.
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Replying to @jakefriend_dev
The reason these contracts exist is because so many indies are bad at business and sign them. That said, the “we are shocked you won’t sign these terms” is a lie. They know how bad the terms are, they’re just playing dumb because most indies, presented with that response, sign.
5 replies 2 retweets 118 likes
It's not only these kinds of contracts - it's everywhere you have uninformed parties. You read the contracts and it is shocking what people agree to - cell phone contracts, EULAs, etc.
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dev seems like being treated as a criminal, while reading the terms.
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