Quote:
Originally Posted by cd288
[You must be logged in to view images. Log in or Register.]
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.
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).
|
I can sum up everything you just wrote with a single word: pedantry. Look, I'm no lawyer, but if you actually read my original post, the parts you left off agreed with you. I explicitly said that A) the details matter, and B) even if a company forms an iron-clad contract, there are still ways of breaking said contract (eg. dissolving the company).
But none of that matters, because for one thing this place existed for years without a formal legal agreement, and for another none of us knows the details of the agreement (except Rogean). Any discussion of the details is just "armchair quarterbacking". So while nothing you said was strictly wrong, it also didn't add or change anything germane to the conversation (ie. it was pedantic).
Ultimately what
actually matters are the specific terms of the contract that Rogean and Daybreak signed. And while you and I might not know those details, Rogean
does.
So until someone gives me a reason to think otherwise, I'm going to go by:
Quote:
Originally Posted by Rogean
[You must be logged in to view images. Log in or Register.]
Without going into any details regarding our agreement (because I can't), I'll speak very generically here.
It wouldn't make much sense for one to enter into any sort of contract of protection if said contract could be rescinded without breach.
[You must be logged in to view images. Log in or Register.] |