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Boakes being cheated?

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Jonathan Boakes posted this on Facebook this morning:


“Very disappointed in GOG, the game download website. They have been selling my Dark Fall games and refuse to acknowledge me as the creator and copyright owner.

I still own the copyright on games called ‘Dark Fall’, but they insist some crooks called Nordic Games own them. Nordic say they bought them from Dreamcatcher, which simply isn’t true. Dreamcatcher were issued a Cease and Desist years ago! Also, Nordic and GOG have failed to pay any royalties or provide sales figures.

It’s very depressing. And, if I can’t get paid what I am due, for my work, there is no point making games. It’s a real shame, but I’m not sure I want to go through all this every time I make a game. It is soul destroying and makes me feel like I have wasted my time and provided plenty if cash for greedy suits with no morals or honesty.

If you have bought my games from GOG (Dark Fall retails at $5.99!!!) then I am sorry to report that not a cent actually made it to me; the only person credited in making the games.

Game people: anyone got any advice for me?”

     

Currently Playing: The Testament of Sherlock Holmes;
Currently Re-Playing: Culpa Innata

Recently Finished: Secret Files: Puritas Cordis, Art of Murder: Hunt for the Puppeteer, Dear Esther

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Apparently GOG has just pulled Dark Fall from sales because of legal issues, so GOG is at least looking into it.

http://www.gog.com/forum/dark_fall_series/game_removed_from_sale

     
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J-Boo - 02 April 2013 07:39 AM

If you have bought my games from GOG (Dark Fall retails at $5.99!!!) then I am sorry to report that not a cent actually made it to me; the only person credited in making the games.

As a side note: gamers shouldn’t ever assume (unless its clearly stated) that any of the money they spend on games go to the people who actually made them.

     
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Playing devil’s advocate here, but nowhere in that post does Boakes offer PROOF of Dreamcatcher’s cease & desist.  I’m not saying I don’t believe him, but it sounds like this may be a case where he doesn’t have all of his legal ducks in a row, so to speak.  If that’s the case, then it’s really his own fault.  You have to keep track of this stuff.  If he doesn’t have all the necessary documents to push forward with an open-shut legal case in a court of law, then I’m not sure what to tell the guy.  Certainly, as the distributor, GoG is not the one to blame here.  This is unfortunately yet another case of sleazy publisher actions.  GoG seems to be doing all they can at the moment, but until this guy can bring a legal case against the publishers, he really shouldn’t be publicly slandering GoG.

     
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TheEnigmaticT says this officially about the situation of the Dark Fall games sold in GOG

We have removed the games from sale as an act of good faith despite the fact that we have not been sent any paperwork from the devs that prove that they have the rights to the games in question. We have been speaking with the dev and with Nordic; for obvious reasons, GOG.com cannot comment on an ongoing rights issue, but we hope that this is resolved soon to all parties’ content.

The GOG discussion thread: http://www.gog.com/forum/general/dark_fall_creator_dissapointed_in_gog/page1

     
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I’ve dealt with Nordic Games before and I have no reason to believe they would knowingly try to deceive anyone. Either this guy doesn’t have all his legal ducks in a row, or the publisher who sold the rights to Nordic Games shouldn’t have sold them the rights in the first place.

     
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Yeah, if anyone is to blame here it seems like it would be Dreamcatcher, if they knowingly sold it to Nordic without the right to do it. Nordic wouldn’t really be at fault at all.

And it certainly seems like GOG is responding appropriately if they pulled the game from sales while looking into the matter.

You would think Boakes would have the supporting evidence, as you all say. But despite that, it’s still a shame for him. Maybe he wasn’t aware of all the ins and outs of what he needed. Either way, it stinks for him! Hopefully it gets settled to everyone’s satisfaction.

     

Currently Playing: The Testament of Sherlock Holmes;
Currently Re-Playing: Culpa Innata

Recently Finished: Secret Files: Puritas Cordis, Art of Murder: Hunt for the Puppeteer, Dear Esther

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To the best of my knowledge, Jonathan Boakes is one of the good guys, and frankly, Dreamcatcher always gave me that slippery feeling with the way they obtained and distributed games that sometimes needed a lot of after market support. They may have helped get AGs through the dry patch of the 00’s, but very few of their games really impressed me. I always had the feeling I was playing a sloppy tech demo instead of a fully realized and polished game. That in itself isn’t proof of malfeasance, but it does speak of a company that had little interest in producing or distributing quality product, and were willing to put any old thing out to rake in a few more bucks, regardless of what it did for the reputation of AGs in general. Not my idea of an ethical or trustworthy company.

Basically, if Boakes says he got a C&D to keep Dreamcatcher from selling his game against his wishes, then I am inclined to give him the benefit of the doubt, until I hear otherwise.

     

Lee Edward McIlmoyle,
Probably NOT the kind of guy you think he is.

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I’m afraid this will push the release of The Last Crown forward even more.

     
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It’s probably a complicated issue. When Dreamcatcher went bust the administrators etc will sell off the rights to properties as a way to recoup the debt.

I don’t know what his distribution contract with Dreamcather was, but it was probably different for the EU and US companies. His C&D may or may not have been valid in which case Nordic are well within their rights to buy it if the C&D failed.

It sucks for the developer, but as we are seeing lately with THQ. UNless you can afford to buy back you own IP then it could go anywhere and you see nothing of the profit.

Casulties of selling rights to third parties. Fortunatly these days it is a bit easier to go it alone with the likes of Steam etc, but it may mean less sales.

P.S I see Adventure Shop was also getting a bashing from a couple of developers for not paying and being non responsive. ALso they seem to list a lot of their games as being published by Lezard Interactive and don’t mention the developers at all. Shady practice.

     

An adventure game is nothing more than a good story set with engaging puzzles that fit seamlessly in with the story and the characters, and looks and sounds beautiful.
Roberta Williams

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Lee in Limbo - 02 April 2013 02:05 PM

To the best of my knowledge, Jonathan Boakes is one of the good guys

...and I agree!  I have never heard anything negative about this man. That includes Agustin, Matt and others that have collaborated with him.  Plus he puts out high quality games.

Stay away from the GOG forums though.  Everyone over there jumping to conclusions or hypothesizing.  Many there have never even heard of the Dark Fall games as well as The Lost Crown, one of the best adventure games ever. Just hope whatever is going on doesn’t effect the release of The Last Crown, which is a highly anticipated release. He hasn’t let me down yet.

     

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Gotta say though, it is very surprising that he never knew that his games were being sold online.  It is not like its being sold in some small unknown places, its in all the biggest and most popular digital download services, including Amazon.

     
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Boakes’ wording ”...and refuse to acknowledge me as the creator and copyright owner” insinuates that GOG have ignored his claim previously, but they seem to be doing the right thing now.

I’d like to know if this is something Boakes has only just noticed and notified GOG about, which would be strange as the games have been up there for ages (as far as I can remember).

*Also, we’re entering an era where a lot of indies no longer need to sell their rights away to publishers because they can go straight to the fans or publish directly to the likes of Steam and GOG. So it’s not as if he needs to go through this ordeal for every game he makes in the future.

     
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I honestly thought this was an April Fools thing but now I’ve seen all the replies, it looks like I’m wrong. Poor Boakes. He sounds really upset.

     

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Both Jonathan and Matt have fought at least one court case over dodgy publishers selling their games without authorisation or royalties being paid, so I would never say that he doesn’t have legal proof. He is just a sensible chap and is not posting legal documents on Facebook or anywhere else, but following the proper legal channels. I hope he can resolve the issue and the games can return to GOG with the legal returns to him.

     
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The whole thing does sound a bit odd. I bought my copy of the games over a year ago, so it’s not like the games have just appeared in their catalogues, and GOG and Amazon are both pretty well known distributors, so you’d think a word of either of them selling the game would have came to Boakes ages ago.

     

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