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Thread: Playtesting unpublished games and the TTS EULA

  1. #1
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    Playtesting unpublished games and the TTS EULA

    We are designing a couple of tabletop games and actually had a publisher suggest to us that if one of our games was in TTS he would be happy to jump on and play it with us.

    We immediately purchased a 4-pack to distribute to the company and set to work porting our game to the platform.

    Soon afterward we were warned on facebook to read the EULA. I'm not a lawyer, but this part concerns me:

    The Game may allow you to create content, including, but not limited to, a game modes, game pieces, screenshot, items, or video of your game play. In exchange for use of the Game, and to the extent that your contributions through use of the Game give rise to any copyright interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive and agree never to assert any moral rights of paternity, publication, reputation, or attribution with respect to Licensor’s and other players’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. This license grant to Licensor, and terms above regarding any applicable moral rights, will survive any termination of this Agreement.

    So, if I post MY original game in TTS, for the purposes of playtesting, Berserk Games has the right to publish it? Give it away for free? And I have to give up all the rights to MY game?

    In the Community Rules thread, Kimiko said:

    Custom Content/Mods: Posting original works (everything is owned by you) in the Original Content is encouraged, so others can post their feedback, offer suggestions, etc. However, please do not discuss any custom content/mods that are not completely original. Due to legality and copyright issues, we'd like to keep these discussions off of our official forums. Any threads created will just be deleted. Feel free to post in the Workshop Discussion forums for all your other needs.

    But this feels completely at odds with the EULA. Again, I'm not a lawyer and perhaps I'm reading this wrong, but it feels like Berserk Games is attempting to give themselves the right to steal any indie dev's game and profit from it. This goes way beyond protecting yourself from liability, or from people stealing your IP.

    As an indie game developer who hasn't made any money on his games (yet), and as a businessperson, this is deeply concerning.

    Please clarify your position on this issue. And I would request that if you truly do not intend to steal our games, you revisit this section of your EULA so that us indie devs who are trying to make new games can feel a bit more comfortable that you're not trying to rip us all off. I'm guessing you don't intend to, or won't, but you can see why this would concern any indie dev who actually read it.

    Thanks, and congratulations on your launch.

    Dave Berlin
    Galvanized Studios

  2. #2
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    Hey Dave,

    The EULA is just there to cover our butts. That being said whatever you originally create is solely your own. TTS is there for game designers to create and test on. In no way would we ever publish anything unless we worked together to do so. Basically whatever you create is yours and yours alone. It's up to you who you share it with, so be sure to just share with those you trust during the initial phase. The only way we'd ever use your work is in any videos we create. Like if we were showcasing the Workshop or something. And even in that sense, it would have to be publicly available. If you have it set to hidden or friends only, then we value your privacy and would not showcase it at all.

    We'll have it revised since this was created before we were on Early Access and it was essentially cut, pasted, and "borrowed" from other games. We'll have our lawyer look into it. We want you guys to feel comfortable and know we're not out to do any stealing of any kind!

    Hope that helps.

  3. #3
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    Jun 2015
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    Thanks Kimiko. Appreciate the quick response, and it does help a lot.

    Like I said, I'm sure it would not be in your character (or best interests) to steal games from indie devs. That's why I was so surprised to see that in the EULA (and honestly, I didn't even scrutinize it that closely until after someone else warned us). So there may be other designers who are worried about your EULA and have avoided your product for that very reason. Getting that resolved may convince more people who are on the fence to invest in what is already a great product.

    Thanks, and keep up the great work!

  4. #4
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    We've gone ahead and removed that part in the EULA on both our website and on Steam, thanks!

  5. #5
    It's not been removed on the Steam EULA yet if it's supposed to be instantaneous. (Last revised April 11, 2014.)

  6. #6
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    Thanks, it was updated but for some reason the changes didn't take affect - it's been fixed now.

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