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General discussion (archive)How Topware screwed an indie studio(87 posts)(87 posts)
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This is my favourite topic
Posted November 20, 2014
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catpower1980: it has already disappeared from gamasutra homepage, <snip> (after the Gamergate, here comes the DevGate ^o^).
I half hoped the dev company being screwed was directly connected to penny arcade... You remember what happened to what's-his-name after he was a total ass to Penny arcade and basically told them off because they weren't worth his time, since you know they would definitely not only bring attention to it but might very well bring the company to it's knees...
Posted November 20, 2014
That really sucks for the guys who made the game. Topware is now on my list of companies not to buy games published by them.
Posted November 20, 2014
The worst part is that the German court is actually accepting this "oral contract" BS. Even if only partially it's still unbelievable!
Posted November 20, 2014
Sad story. I hope the dev studio will survive this. One should note that TopWare Interactive has a reputation as a rather dodgy/crappy/scummy publisher.

On a slightly "good news" side: TopWare Interactive has filed for bankruptcy in September 2014 and is under supervision since 2014/09/22. (see this german lawyer blog: http://www.advoinfo.de/index.php/blognews/bloganews/31-topware-insolvent )

So this scumbag publisher might soon be floating belly-up down the drain, where all turds should go.

Lets hope that the devs still can get part of their money before the zombie publisher gets flushed.
Posted November 20, 2014
Wow, when I started reading the oral contract part I started to laugh, and then I wanted to cry.
French bureaucracy is often laughed at (with very good reason) for its focus on paper trails, but it seems that it's better than the contrary.
Posted November 20, 2014
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Cyraxpt: Well, i hate to be "that guy" but i doubt anything will happen, i don't see major (videogames) news websites picking this story
Well, it's on Gamasutra already.
Posted November 20, 2014
totally disappointed to read how german legal system seem put to much focus on oral agreement. seriously if that happen at my place i would say the judge are bribed. but at at least gratz for the dev to at least get them self some legal defence for their contract, one of many common mistake people made that new on business.
Post edited November 20, 2014 by sinugie
Posted November 20, 2014
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Ghorpm: The worst part is that the German court is actually accepting this "oral contract" BS. Even if only partially it's still unbelievable!
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sinugie: totally disappointed to read how german legal system seem put to much focus on oral agreement.
Actually, an oral contract is as valid as a written contract in almost all legal systems. It's usually proving that it has taken place that is the problem.

So the judge has to take into account Topware's claim. Of course it is they who have to prove it has taken place, so I wouldn't be surprised if the judge eventually rules in the indie's company favour. The problem here is that it is taking way too longer than it should. Like the guy said, a small company can go into liquidation many times while waiting for a verdict.
Posted November 20, 2014
That sucks, I hope they get what they are owed.
Posted November 20, 2014
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sinugie: totally disappointed to read how german legal system seem put to much focus on oral agreement.
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ZFR: Actually, an oral contract is as valid as a written contract in almost all legal systems. It's usually proving that it has taken place that is the problem.

So the judge has to take into account Topware's claim. Of course it is they who have to prove it has taken place, so I wouldn't be surprised if the judge eventually rules in the indie's company favour. The problem here is that it is taking way too longer than it should. Like the guy said, a small company can go into liquidation many times while waiting for a verdict.
correct, verbal does valid, however if there is a dispute between 2 parties a written contract always put as prime consideration. at least that from i have over here.
Posted November 20, 2014
A verbal contract isn't worth the paper it's written on :)
Posted November 20, 2014
I think its verbal contract not oral contract and, obviously, written takes place in front of any verbal.

Anyway, from now on topware is zero for me, I wont buy any games published by them.

Now I'm very very sorry for having five games published by them here on gog: both two worlds, septerra, gorky and enclave.
These five games are now a stain on my games shelf so I would convert them to codes and gift them but unfortunately gog doesn't want to do this even if I never ever downloaded the games from their servers.

edit: also voted on that wishlist to remove topware entirely from gog
Post edited November 20, 2014 by mobutu
Posted November 20, 2014
Hmmm GoG's Game listing from TopWare is interesting... I thought the two worlds games were removed...
Post edited November 20, 2014 by rtcvb32
Posted November 20, 2014
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rtcvb32: Hmmm GoG's Game listing from TopWare is interesting... I thought the two worlds games were removed...
If they were maybe GOG and Topware came to a verbal agreement to sell them.
Posted November 20, 2014
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mobutu: I think its verbal contract not oral contract and, obviously, written takes place in front of any verbal.

Anyway, from now on topware is zero for me, I wont buy any games published by them.

Now I'm very very sorry for having five games published by them here on gog: both two worlds, septerra, gorky and enclave.
These five games are now a stain on my games shelf so I would convert them to codes and gift them but unfortunately gog doesn't want to do this even if I never ever downloaded the games from their servers.

edit: also voted on that wishlist to remove topware entirely from gog
The problem is with Topware, not the games they published. Septerra Core was made by Valkyrie, others weren't made by Topware either, some games were also published by multiple companies and not just by Topware, your idea to "ban" Topware published games will not help anyone, rather it will hurt developers.

If you want to make a difference I rather suggest you to contact the developers of games yet to be released if you know the team plans to choose Topware as publisher, and express your reason for disagreeing with it, politely asking to change to an other company.
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General discussion (archive)How Topware screwed an indie studio(87 posts)(87 posts)
(87 posts)