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Old 10-22-2019, 05:01 PM
cd288 cd288 is offline
Planar Protector


Join Date: Apr 2018
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Quote:
Originally Posted by loramin [You must be logged in to view images. Log in or Register.]
And as Rogean said in a post (and I'm paraphrasing here), while he can't reveal the terms of the contract ... he'd have to be pretty dumb to sign a contract Daybreak could just revoke for no reason whenever they felt like it.
Not really. The P99 staff probably had very little leverage here to negotiate terms since, at the end of the day, Daybreak could have just forced them to shut down the server due to the copyright violation. I wouldn't be surprised if the contract permits Daybreak to terminate for any reason at any time. As a corporate attorney, I would never agree to give a third party control over my client's IP like that - the contract would always allow me to terminate for any reason; the exception being things like a licensing scenario where the IP-holder is getting paid to license out the IP for a specific period of time, which isn't applicable here. Now, there's no real reason Daybreak would particularly care about terminating the contract at this time, but if P99 started pulling like 5 figures in players with regularity, I bet you Daybreak would re-consider.

Quote:
Legal contracts between entities don't "expire", unless it's written into the contrract. If company A has a contract with party B, and company C acquires company A, A's contract with B remains unchanged.
This isn't technically true. The part about expiration is true, but when it comes to acquisitions most of the time you have to write into the contract that it will be binding on your successors/assigns. In this case, I would not be surprised if that was not in the contract with Daybreak. Again, P99 has very little leverage as far as negotiating the contract goes, and if I were Daybreak's lawyer I would refuse to agree to that because you'd want to make sure it was easier to sell the IP to somebody if you wanted to in the future (and saying the agreement with P99 is binding on them could make it harder to do that).