Stonking Great Game Contest Now Live!

Arby

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Aug 6, 2009
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Rod F said:
Hopefully those members that discard the flame war will get the good out of this and start making their games.
Sorry, discussing a subject in detail does not constitute a flame war. Attacking the other side and not being constructive is...

Anyway, on scarybug's point... I would actually feel much more inclined to participate if they did not get my source (or, at least, own it! they can check it all they want but I don't want them to have the legal right to modify it!) This would eliminate the ripe possibilities of the developer getting abused.
 

Rod F

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scarybug said:
You think Addicting Games or Kongregate or Newgrounds get to, or have time to, look at the source code for all the games submitted to them?
I know FOR A FACT that they do ask for the Source Code of games that they license. I don´t see the harm in that. They just want to check if it´s reading stuff from somewhere else or having any code that could be used to ´screw´ them by the programmer if the resulting publication is not ´what he considers to be apropiate´.

The security within the Flash interface is tight but nothing stops you from loading a MovieClip within the game that is hosted in your personal server... that way, let´s just say I was not happy with the way they handled my game, I change my externally loaded MovieClip to a big *STONK YOU! YOU STONKING STONKERS* MovieClip that will be displayed over the game because I feel that ´they screwed me´. That´s a hypothetical case that causes them to cover that up. Needless to say there are worst things you can do remotely with a flash file, but you get the picture..
 

hamster mk 4

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scarybug said:
*snip*
The only time game developers give up source code is when they are payed to write it.
*snip*
Actually it is not unreasonable for programming contests to ask for source code. It ensures you are the original author, since only you would have the source code. It ensures nothing malicious is endorsed be the hosting site. That does not just include viruses but Easter eggs with undesirable content. Remember the GTA Hot Coffee shenanigans a few years ago?

Here are some long running competitions that require you to submit your source code:
http://www.speedhack.allegro.cc/
http://www.ludumdare.com/wiki/ld14:submit
 

invorta

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Mar 4, 2009
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scarybug said:
There is no reason to check against malicious software. It's Flash. It has insane security protection. No other site ever makes coders submit code for this reason.
I actually encoded a time activated bonus screen into one of my games for a friend's birthday. It meant that while ordinarily the game did one thing - on a certain day it did something else. If the contest winner wanted to screw around they could add in a whole bunch of extra "hidden" stuff that would get the Escapist in trouble - as they'd be hosting it. Would you host a .rar file for someone, if you didn't know EVERYTHING inside it? It'd be just to risky. While not inherently dangerous, it's the unknown contents of the .rar that could ruin everything.
 

Arby

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hamster mk 4 said:
Actually it is not unreasonable for programming contests to ask for source code.
We are not complaining about that. But that's not the case here. those contests don't CLAIM LEGAL OWNERSHIP of your code. Do you see the difference? =/

If they owned your code, they could jump to their nearest publisher and start making money off your work then cut you out of the credits entirely and do so legally. Obviously if you're entering those contests you don't want that.

This is why IP is such a big issue to us.
 

scarybug

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Aug 5, 2009
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Rod F said:
scarybug said:
You think Addicting Games or Kongregate or Newgrounds get to, or have time to, look at the source code for all the games submitted to them?
I know FOR A FACT that they do ask for the Source Code of games that they license.
I also know for a fact that they didn't get mine when they bought a license. I think you're right, they did ask for it, but I declined. Instead agreeing to make any changes as they thought necessary and signing a statement that the contents were all what they wanted and nothing that would hurt their brand. But that was because they are a site for younger kids and are worried about content, not security.

And you CAN protect against loading MovieClips from external sources. It's a simple HTML call when you embed the flash.

Hamster MK 4 is right though. I think that I was confusing the issue in my previous post. I can see submitting code *for review* for contests. That is uncomfortable, but reasonable if the game is going to be on a website. However that's different from giving up the rights to your code. Sorry for confusing reviewing code with giving up rights. That was really a side-track.

Seriously I'm only arguing here because I like the idea of the contest and would enter, and know other devs who would enter, if we didn't give up the rights to all the work we would do. I'm not trying to flame or ruin anyone's fun.
 

Rod F

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Yeah that how they roll... since the game I made for them was actually an exclusive license they insisted on the source code and, again, I saw no harm in that since they were going to be the only 'owners' of the game due to the 'exclusiveness'. I understand it's hard to 'part from your creation' but they do that mostly to cover themselves of what many of you have stated (easter eggs, hidden content... etc).

They won't actually use your code to make another game, if that's what people are afraid of. If they do they'll be hurting their brand because they screwed a programmer.. or in this case, the contestants... and no brand would be interested in that.. for a fair ammount of money they could pay the same guy to make another game or change it or whatever and have him on their side, thus being beneficial to the brand because if he's asked about wheter brand X is good to work with he'll say yes.

The problem might have been then a poor choice of words when writing the rules and regulations of the contest.
 

Platinum Sorceror

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scarybug, I must first apologize, that was a rather callous statement, I admit. It sounded better when I typed it and promptly progressed to writing the next paragraph. Sadly, though, you're mistaken about Flash security. While Adobe may do their best, there is no possible way to catch everything. In fact, there was a Slashdot article about an exploit to which a ridiculous amount of users were vulnerable to... Lessee... Here! http://it.slashdot.org/story/09/07/28/1412255/92-of-Windows-PCs-Vulnerable-To-Zero-Day-Attacks-On-Flash

scarybug said:
Now you say it uses escapist assets, so you can't claim full ownership because you don't own all elements of the game? But Escapist isn't creating the code, and they DO own the game fully? Sorry but dumping a bunch of elements into a zip file is not as much work as making a game. You could easily allow a developer to keep the rights to his code to use in a differently skinned game. That way everyone would own the thing they actually made.

The only time game developers give up source code is when they are payed to write it.
Well, it can go two ways here: either the Escapist gives the rights to ZP to anyone who wants it, or anyone who wants to enter gives the rights to their games to the Escapist. It can't go both ways here. No, the Escapist didn't create the code, nor would I expect them to ever claim that they did. And yes, I agree wholeheartedly that compressing a collection of images and sound files is easy. I've done it myself countless times. However, I can promise you that creating a style, image, and brand such as ZP is not a simple task. Also, I honestly would be very, very surprised if the Escapist sent a cease and desist letter to anyone who reuses code from their submitted game. Not only would it be difficult at best to figure out that the reuse actually took place, the ensuing backlash from people like you and me would cost them far more than they could possibly gain. Again, they're covering their IP ass(ets), not trying to get free games. You also mention that nobody would willingly give up their source to the Escapist without getting paid. There is no money involved, I'll grant you that, but you fail to take in the intangible benefits that are involved here. You have a chance to have your name and work displayed prominently on a website that gets far more hits per day than most people get in months, a chance to get your work reviewed by a fairly well-known video game reviewer and possibly other, even better known ones, and you get free swag. So no, no money, but there are definitely things to gain here, even if you can't purchase hookers and blow with it.

Arby, I'm not sure if you quite grasp the differences here. ZP is indeed a work of parody, giving it the ability to reference video games without fear of libel or slander lawsuits. However, since the point of this contest is to make a game *about* ZP, not *parodying* it, the parody protection is not extended to these games. If you wished to make a game that was an obvious parody of Zero Punctuation which made it plain that it had absolutely no real connection to ZP, then yes, it would be covered by the same laws as ZP itself, but somehow I doubt you would make it far in the contest.

As for your "no runners-up" statement, I can agree with you there. At the worst, two months have been spent on a project you no longer own that was rejected by the company you sent it to and is now more or less worthless. As the great Morpheus said, "...how would that be different from any other day?" If you're really an indie developer like you say, then you'll know that rejection is the name of the game, and if you're truly that hung up on putting in some work just to have someone say no, then I honestly think you're in the wrong place, friend. Regardless of whether you give up the code or not, don't you think that making games for games' sake is really what this is all about? Even if there's no chance of getting a cameo in the ZP episode or an honorable mention somewhere, don't you think that it's worth it regardless?

To make a point to both Arby and scarybug... Even with my above points on code reuse are taken into account, are you really that afraid? I'm not trying to call your prowess into question here, but are you both so unsure of yourselves that you're not even willing to try? Isn't that sort of like shooting the horse before the starting gates open? Are you both that afraid of failure that because there's a chance you won't get the top prize you're willing ot settle for obscurity?

I dunno, if it were me I would trade two months of work I can never think of again for a shot at glory than sit in my dingy apartment dreaming of what could be.
 

hamster mk 4

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Arby said:
If they owned your code, they could jump to their nearest publisher and start making money off your work then cut you out of the credits entirely and do so legally. Obviously if you're entering those contests you don't want that.
When I code for contests I do it messy. Normally I code to be reusable and efficient, but when contest time comes around I slap some monstrosity together that I can't even make sense out of two months down the line. I am not actually trying to obfuscate my code it is just easier and faster to do it messy. If anyone tried to sell my contest code to a serious publisher they would be laughed out of the building.
 

Spinwhiz

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Hello Friends!

Because any game submitted would be based on our intellectual property, we need to have the rights to the games. However, we do understand that you would want to be able to re-use the source code or art you create, outside of our IP, for other purposes down the road. We want to be sure you have that too. Therefore we are revising the rules as follows:

"Except for Contestant Materials, (defined below) all games submitted to The Escapist become property of The Escapist, including any intellectual property rights in Escapist materials or derivations thereof. The Escapist reserves all rights, including intellectual property rights to publication, re-publication and distribution. However, contestant shall own all intellectual property rights in any art, design, or source code, that is not based on or derived from The Escapist?s existing intellectual property ("Contestant Materials") and Contestant hereby grants The Escapist a royalty-free, non-exclusive license to any Contestant Materials as they are incorporated into any entry for the purpose of publication, re-publication and distribution of the entry.?

In short, you are welcome to re-skin the game and use any underlying materials as your own. It was never our intention here at The Escapist to take your IP. We only wanted what was necessary to protect our IP and publish contest entries.

Best,
Spinwhiz
 

Blind0bserver

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Mar 31, 2008
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Spinwhiz said:
So, to clear this up quickly, the Escapist technically own any artwork for the game that I "reverse-engineered" off of materials that came in the released .rar archive?
 

Arby

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Aug 6, 2009
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Spinwhiz said:
In short, you are welcome to re-skin the game and use any underlying materials as your own. It was never our intention here at The Escapist to take your IP. We only wanted what was necessary to protect our IP and publish contest entries.
Fantastic! Thanks. This re-enforces my faith in this contest.

This makes it a whole lot better =) (although, I'm still sad about giving up distribution rights etc. [see below] =( But that's a loss I can accept I guess, if absolutely necessary.)

Platinum Sorceror said:
Arby, I'm not sure if you quite grasp the differences here. ZP is indeed a work of parody, giving it the ability to reference video games without fear of libel or slander lawsuits. However, since the point of this contest is to make a game *about* ZP, not *parodying* it, the parody protection is not extended to these games. If you wished to make a game that was an obvious parody of Zero Punctuation which made it plain that it had absolutely no real connection to ZP, then yes, it would be covered by the same laws as ZP itself, but somehow I doubt you would make it far in the contest.
My complaint is not of a legal nature at all. I was simply looking at it from a moral standpoint. The legal stuff would be a gray area anyway even for parodies here. Fair use only stretches so far.

I would comment, however that one of the main reasons that parodies are the exception is because the owners of the materials are obviously not the ones who created the parody, thus preserving the brand. Encouraging the developers to properly take credit for their games (ie. more then just a name in the credits) is of the same effect. The player can obviously see that this is not endorsed by escapist, preserving the brand. This is how it has been done in other similar circumstances such as the wiggi/woogi world contest. Instead, escapist is going turtle with any likeness to it's characters and preventing the free publicity this generates which, while is a safe alternative, stops the good publicity effects and is less encouraging to the developer.

I have NO SAY over how you deal with your brand, of course, but I want to make sure you are aware that there are alternatives that sit much better with the mainstream flash developer.

Platinum Sorceror said:
As for your "no runners-up" statement, I can agree with you there. At the worst, two months have been spent on a project you no longer own that was rejected by the company you sent it to and is now more or less worthless. As the great Morpheus said, "...how would that be different from any other day?" If you're really an indie developer like you say, then you'll know that rejection is the name of the game, and if you're truly that hung up on putting in some work just to have someone say no, then I honestly think you're in the wrong place, friend. Regardless of whether you give up the code or not, don't you think that making games for games' sake is really what this is all about? Even if there's no chance of getting a cameo in the ZP episode or an honorable mention somewhere, don't you think that it's worth it regardless?
I've been there, done that. Spent 2 months of my life on a contest, went home unhappy.

I'm not in a rush to try it again. Especially just for pats on the back (no matter who they're from!) I want to spend my time making great games that tons of people play and enjoy, not ones that get shelved and restricted due to legal mumbo =/ Surely that is a respectable goal?
 

mykalwane

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Oct 18, 2008
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pigeon_of_doom said:
As a non-coder, and not one enamoured of Zero Punctuation, I have little to add to this. However, disqualifying Zero Punctuation games on the grounds of it containing:
Excessive vulgarity, lewdness or profanity
seems a tad ridiculous.
Well just have some bleeps there. Sometimes the bleeps make something funnier then hering the profanity in the langauge. Sometimes makes it easier to make the background sound more realistic for it to go off. Take for example having a fart sound being heard instead of the word s**t, or a car honking its horn when someone says f**k. Plus having it partly said because of the sound bleeping it out in one way is funnier. Take for example *uck instead of going with f***. That way you could say something like *ucking ducks because of what was heard instead of what wasn't heard is funnier. Most would think, what is ucking, is it ducking, lucking, f**king, rucking, or sucking ducks. Which on it own sounds very funny since it sounds like all of it is happening when you say *ucking ducks which adds a deal of humor.

Other thing for murdering people, if you have people turn to pie when they die. So the question of eating pie for heath means cannibalism. If so, why is it so tasty to eat it then? Right there has a good deal of humor by simply working with what you can't do as well as what you can do. It is all in how you are thinking about it.
 

axcho

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Aug 6, 2009
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Spinwhiz said:
In short, you are welcome to re-skin the game and use any underlying materials as your own. It was never our intention here at The Escapist to take your IP. We only wanted what was necessary to protect our IP and publish contest entries.
Great, thank you! :D I'm really glad to see you guys responding to the concerns here, as I'm very intrigued by this contest and I'm trying to think of a good game to make for it. I still think there could be quite a bit of improvement made with the terms, to bring it up to par with typical Flash game contests with little effort on your part, but so far I am heartened by your attention and responsiveness.

* * *​

So, Zero Punctuation. I've been fascinated by the style of this series ever since I first encountered it, and I've been wondering about how its unique presentation might be applied to a game. This contest seems like a great opportunity to investigate this further!

To start things off, I've written up some thoughts on how you might translate Zero Punctuation into an interactive format [http://evolutionlive.blogspot.com/2009/08/zero-punctuation-interactive.html] and posted them on my blog.

It would be great to hear what you think about this, maybe get some game design discussion going here. :)

Any thoughts?
 

KeithIrwin

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Aug 6, 2009
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Platinum Sorceror said:
Well, it can go two ways here: either the Escapist gives the rights to ZP to anyone who wants it, or anyone who wants to enter gives the rights to their games to the Escapist. It can't go both ways here.
It doesn't have to go either way. They can own the rights to their art, characters, etc. and we can own the code which goes in the game. They can then license to us the right to use their art, characters, etc., but restrict our right to do so such that we're only allowed to use them to create a game for their contest. That way we would still own the copyright to our work, but not be able to go spewing it all over the internet while still using their art.

What do you think happened when Acclaim made the Spiderman game? Do you think that Marvel gave them all rights to Spiderman? Do you think that Acclaim gave all rights to the game to Marvel? Of course not. Neither of those things happened and neither needs to. Instead they set up reasonable license agreements which gave some rights and benefits to both parties. That's what The Escapist needs to do as well, if they want people to participate.

What this really comes down to is that The Escapist doesn't want to spend the money to have a competent intellectual property lawyer write an appropriate license which would cover this situation. So they've done the simple thing and said that all submissions have to sign over copyright to them. This may be easier for them, but it also means that any game developer with any talent would be wise to stay away from their contest (and yes, that means that I just called some of the people who have posted to this thread unwise).

I'm a big ZP fan. I develop flash games as a hobby. On the face of it, it would seem like I would be more or less the ideal participant. But there's no way I'm going to sign away all rights to something I produce with only "promotion" in exchange. This agreement is far too one-sided.

What's especially funny to me is their being worried that if they gave their intellectual property out to let just anyone make a game with, then that would be horrible. But, if they did, well, all those games that people would make would be tons of promotion, which is exactly the same thing they're promising us. They don't think that promotion is worth giving up their intellectual property, but they expect us to. Personally, it makes more sense to me to have your users create flash games and spread them all over newgrounds, kongregate, whirled, etc. in order to promote Zero Punctuation than it does to use Zero Punctuation to promote one flash game. But they don't trust us to do good things with their intellectual property. And then they're surprised when we don't trust them to do good things with ours.

And to those of you who say that they aren't doing this to take advantage of people: they are going to make money from this contest. When people play the game or games, they will display advertising. The advertisers will pay them money. The developer will not get any of that money. So whether or not I think that they are trying to take advantage of people, they will be taking advantage of people.

These terms are not something set in stone, just posted on the web. If they wish to change them, they can. I would honestly love to participate in this contest. I would consider it an honor, but I'm not going to give The Escapist or Yahtzee or anyone else total ownership of my code. Yahtzee may give games away for free, but even he doesn't give the copyright to his games away for free. So, if you change the terms to have a more reasonable set of licenses, you can count on my participation, but with these terms, I am staying far away and would encourage others to do the same.
 

axcho

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KeithIrwin said:
These terms are not something set in stone, just posted on the web. If they wish to change them, they can. I would honestly love to participate in this contest. I would consider it an honor, but I'm not going to give The Escapist or Yahtzee or anyone else total ownership of my code. Yahtzee may give games away for free, but even he doesn't give the copyright to his games away for free. So, if you change the terms to have a more reasonable set of licenses, you can count on my participation, but with these terms, I am staying far away and would encourage others to do the same.
I totally agree with this sentiment. However...

I think they just changed this, actually. :p

"Except for Contestant Materials, (defined below) all games submitted to The Escapist become property of The Escapist, including any intellectual property rights in Escapist materials or derivations thereof. The Escapist reserves all rights, including intellectual property rights to publication, re-publication and distribution. However, contestant shall own all intellectual property rights in any art, design, or source code, that is not based on or derived from The Escapist's existing intellectual property ("Contestant Materials") and Contestant hereby grants The Escapist a royalty-free, non-exclusive license to any Contestant Materials as they are incorporated into any entry for the purpose of publication, re-publication and distribution of the entry."

Yay. [http://www.escapistmagazine.com/forums/read/6.128927?page=5#2803403]
 

esplode

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Dec 17, 2008
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Are we allowed to use open source libraries in our games? As long as we just haven't reskinned an open source game?