Posted December 10, 2016
Draek: To add to the long list of counter-arguments, I'll mention that in the old days of gaming (specially PC gaming, which was seen as a tiny, unprofitable niche before, say, Doom), many games had spotty IP situations with loopholes and omissions, with the publisher owning part of the rights, and the lead developer owning another; the situation on the Ultima series and Richard Garriott is an excellent example.
And let's not start with the music... (see the Steam GTA San Andreas debacle...) Or franchise content... A lot of those contract were time-limited, some were not for "global distribution" and so on...
And the next thing is, devs of the past were often not very... careful with properly licensing their tools (Bink Video, Audio systems, you name it). Back then this wasn't handled too stricty, the tool providers didn't have an army of lawyers to prosecute any license infringement and also they were gamers themselves and didn't see the point of destroying a small company just for the sake of it. More likely they would give them a call telling them they should get a proper license for the next title. (This has been this way not only in the gaming industry, but in software development in general - we were all kind of colleagues, so often a blind eye was turned).
Could be that this is also playing a part complicating the legal issues when re-releasing games.
But nobody ever reads stickied threads... 0_o
Post edited December 10, 2016 by toxicTom