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[Solved] Making games, that others sell
- Thread starter TailBit
- Start date
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dannyjenn
Guest
I'm not sure I understand the question. Are you saying that somebody (who neither uses GMS2 nor has a GMS2 license) commissioned you to make (and compile) a game for him, and that he plans to sell this game? I don't see any legal issues here, assuming that you (the person using GMS2) have a GMS2 license. But you might want to double check the license agreement.
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dannyjenn
Guest
I see. Well maybe someone else could give you a more definitive answer. But my guess would be that it's ok.
The EULA specifically states that making executables for someone using an export module they don't own is forbidden. If they don't own GM at all, they own none of the export modules, so you're making an executable using an export module they don't own - a clear breach of the EULA.
..though if you're also making the entire game for him and not just acting as a GM compilation service, it might be a legal arrangement (you make the stuff and you own the license, it's just that you do it on the orders of someone instead of your own free will).
Geez, this is why legal stuff is so difficult.
..though if you're also making the entire game for him and not just acting as a GM compilation service, it might be a legal arrangement (you make the stuff and you own the license, it's just that you do it on the orders of someone instead of your own free will).
Geez, this is why legal stuff is so difficult.
S
Sam (Deleted User)
Guest
Yeah I would like to know this as well as I am the programmer but the copyright holder of the game owns the idea and the art, he doesn't own GMS and all he did was do the publishing under his name (although the app is free and he isnt even making money from ads because we arent using them). I'm the only one who sat down and used GMS, and since I am the only one "hands on" with it and I own the license, I was pretty sure at first it would be ok. But I guess at this point it would be good to have some clarification (I think I asked already and they said it was fine but I cant remember for certain if that actually happened)
Khao
Member
Wouldn't there'd be a lot of issues pretty much by default if this was straight up not allowed?
Like how would publishers work? Do they have to get the licenses even if you're the one developing the game and own the appropriate modules and
?
Does Gabe Newell get into legal trouble for all the GM games sold through Steam? Did Valve have to awkwardly get a GM license to allow GM games on their store?
From the perspective of the one selling the game, it's just weird to think about needing to get a license for a software that you never used and are never going to use.
Like how would publishers work? Do they have to get the licenses even if you're the one developing the game and own the appropriate modules and
?Does Gabe Newell get into legal trouble for all the GM games sold through Steam? Did Valve have to awkwardly get a GM license to allow GM games on their store?
From the perspective of the one selling the game, it's just weird to think about needing to get a license for a software that you never used and are never going to use.
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dannyjenn
Guest
So I believe the relevant part of the EULA is this (especially the final sentence):
www.yoyogames.com
This doesn't really seem to present any problems with regard to external publishers, as the publisher is merely selling the already-exported game, not exporting the game or asking anyone else to export it.
It also doesn't present problems for internal publishers, as they aren't "third party" to begin with.
It does at first seem problematic for the OP, as he's more or less in a situation where there are two parties (the contractee who doesn't have a license, and a third party contractor who does).
However, I don't think that this is what the EULA is actually saying. Because when the EULA speaks of "content", it seems to be speaking of "Publisher Property". And by "Publisher Property", it means "[stuff] created by Publishers using GameMaker". And by "Publisher", it means "a person, company or other legal entity that creates or publishes any Publisher Property". So what I think it's saying is:
One party isn't allowed to make a game in GameMaker and then pass the project files onto a third-party to have it exported (or vice versa), but one party is allowed make a game in GameMaker and export it even if some other party owns the IP.
But yeah, all this legal stuff is confusing.
YoYo Games User Agreement
ABOUT THIS DOCUMENT This document explains the legal terms and conditions that apply when you use GameMaker, the YYG Platforms and any content or services a...
www.yoyogames.com
I think what it's saying is that one party isn't allowed to export another party's game, nor is one party allowed to hand the project files over to some other party for the sake of having the game exported.
This doesn't really seem to present any problems with regard to external publishers, as the publisher is merely selling the already-exported game, not exporting the game or asking anyone else to export it.
It also doesn't present problems for internal publishers, as they aren't "third party" to begin with.
It does at first seem problematic for the OP, as he's more or less in a situation where there are two parties (the contractee who doesn't have a license, and a third party contractor who does).
However, I don't think that this is what the EULA is actually saying. Because when the EULA speaks of "content", it seems to be speaking of "Publisher Property". And by "Publisher Property", it means "[stuff] created by Publishers using GameMaker". And by "Publisher", it means "a person, company or other legal entity that creates or publishes any Publisher Property". So what I think it's saying is:
One party isn't allowed to make a game in GameMaker and then pass the project files onto a third-party to have it exported (or vice versa), but one party is allowed make a game in GameMaker and export it even if some other party owns the IP.
But yeah, all this legal stuff is confusing.
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HayManMarc
Member
I believe this is permitted: You can create, compile, and package a game into an executable (or installer) and give it to someone else to sell. You must own a legal and registered copy of Gamemaker. The other party (seller) does not need to own Gamemaker.
You cannot export someone else's gamemaker game to a platform that the other person doesn't own, as Yal said above in her first paragraph.
This is my understanding, however I could be wrong. Your best bet would be to contact Yoyo Games and ask them directly.
You cannot export someone else's gamemaker game to a platform that the other person doesn't own, as Yal said above in her first paragraph.
This is my understanding, however I could be wrong. Your best bet would be to contact Yoyo Games and ask them directly.
TailBit
Member
I took and did what HayManMarc said and asked yoyo by a support ticket, seems it's just as several here had guessed, it's fine ^^
.. if this wasn't the case, then it would had been hard being a coder for others, almost impossible :/
Answer from YoYo:
EDIT: can't I mark my topic as solved here?
.. if this wasn't the case, then it would had been hard being a coder for others, almost impossible :/
Answer from YoYo:
..a relief to get this out of the way.
EDIT: can't I mark my topic as solved here?
HayManMarc
Member
Edit the title of the original post to mark it solved.
Glad you got a "for sure" answer.
Glad you got a "for sure" answer.