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Dark and light = bunch of thieves
strouse
Member Posts: 114
http://www.warcry.com/scripts/columns/view_sectionalt.phtml?site=15&id=404&colid=7499
"Whats bigger than the engine, though, are the allegations of intellectual property theft, the outright stealing of technology from a competitor.
Vincent Pourieux of VWorld Technologies contacted WarCrys editorial staff. Pourieuxs claims are shocking, to say the least. His story begins in 1997, when he used satellites to create a 3D model of Italy. From 3,000 feet in the air, Italy looked like Italy, and as you got closer, the engine filled in the details to cope with the satellites inaccuracies.
Pourieuxs program, now called VWorldTerrain, could simulate weather, tweak celestial goings-on, and even manage virtual life forms and objects on the ground (animals and vehicles). Over the course of three years, the system improved as more technology became available and in 2001, Pourieux claims Farlan approached him and asked to utilize his work to produce Dark and Lights groundbreaking landmass. He formed a world-development team on Reunion Island, a volcanic colony east of Madagascar, and set to work.
The name of the team was NPCube. In 2002, they developed the much-touted Mafate engine, which works closely with other middleware to comprise Dark and Lights back end, the framework that makes the game run.
According to Mr. Pourieux, this is where things began to go sour. The Mafate engine was, allegedly, based on Pourieuxs VWorldTerrain program, but when Mafate debuted, VWorldTerrain wasnt mentioned at all. At the time, Pourieux was locked in legal battles with a former partner for rights to the technology, so VWorldTerrain was intentionally separated from Mafate. Once the suit was settled, though, VWorldTerrain was still never mentioned. Farlan refused to undergo licensing talks with Pourieux, despite his technology providing the basis for Mafate.
If Pourieuxs allegations are accurate, this means that, quite simply, Farlan stole Dark and Lights claim to fame. They took his technology without paying for it, becoming nothing more than institutionalized warez thieves. Now NPCube and Farlan are both shopping Mafate to corporations in need of middleware, and Mr. Pourieux is in direct competition with himself.
"
Comments
The begin of the end for DnL?
I hope not.
But I saw lots of games crush under the mighty power of lawsuits.
Even Microsoft had to cancel Mythica due to copyright problems against Mythic entertainment.
Can NPCube survive?
Only time will tell.
Ouch, depending on how this plays ou tit could potential stop DnL from ever seeing release. If it is his software and they had no license to use it and he don't want to play ball, he could stop the game from releasing I think.
- Scaris
"What happened to you, Star Wars Galaxies? You used to look like Leia. Not quite gold bikini Leia (more like bad-British-accent-and-cinnamon-bun-hair Leia), but still Leia nonetheless. Now you look like Chewbacca." - Computer Gaming World
Whilst I don't know enough of the legal implications to comment (although I can imagine if true it wouldn't be good) theres another side to this. MMO Players can be a finicky bunch, if it gets out that DnL refused to treat people properly in respect to licensing agreements, people might pass over the game on their moral conscious alone.
I know personally I try to avoid game company's that at least don't make an effort to be studious, although perhaps the negative affect wouldn't be gigantic, it might be enough to prevent some people from even trying the game in the first place.
Important Information regarding Posting and You
Very good point Shae.
- Scaris
"What happened to you, Star Wars Galaxies? You used to look like Leia. Not quite gold bikini Leia (more like bad-British-accent-and-cinnamon-bun-hair Leia), but still Leia nonetheless. Now you look like Chewbacca." - Computer Gaming World
Sounds sensational, but as with any employment agreement, intellectual property belongs to the company, and not the employee... he just wants a piece of the prize, understandable, but not realistic.
"Within the context of this project, NP3 developed a software program called MAFATE, including in particular a real-time outdoor 3D rendering engine, a particle and animation engine and an artificial intelligence engine, as well as a resources and sounds management system, all with its specific aesthetical mark.
NP3 associated founders contacted Mr. Vincent Pourieux because of his knowledge in terrain procedural management, which he had acquired while participating in the development of software programs such as EINGANA.
NP3 then integrated Mr. Vincent Pourieux, with the double status of associate, for a financial contribution to the result, and of salaried employee within the team of salaried employees NP3 had created to develop MAFATE. This implies that NP3 is legally the owner of the software program its salaried employee develops."
"VWorld company did not exist when MAFATE was created; there is no relation, no legal bind and no obligation between NP3 and VWorld companies.
Therefore, there is no ambiguity regarding the ownership rights of NP3 on its software program MAFATE."
I beleive you are missing a key part. It was based on software he had already written before being an employee, and was probably brought on as an employee to help with integration. Which gives him a legitimate complaint IF everything thats stated is true.
MAFATE was based off that software, it sounds to me like the speculation is not who owns MAFATE. But that fact that it was based on previously written software that they do not own.
- Scaris
"What happened to you, Star Wars Galaxies? You used to look like Leia. Not quite gold bikini Leia (more like bad-British-accent-and-cinnamon-bun-hair Leia), but still Leia nonetheless. Now you look like Chewbacca." - Computer Gaming World
Well there you have it. Your speculating, but want to insist its your way instead of saying IF like the rest of us. Firstly as I read it, it was not concepts they used to make it, it was a complete software that was already working.
Secondly if there was a prior contractual agreement that he gets credit for or royalties from his software that he is getting paid to help integrate then YES he has a complaint. No one is trying to burn down you game blacksac but stop being on the defensive for long enough to admit you or we don't know the full story and it COULD be credible.
- Scaris
"What happened to you, Star Wars Galaxies? You used to look like Leia. Not quite gold bikini Leia (more like bad-British-accent-and-cinnamon-bun-hair Leia), but still Leia nonetheless. Now you look like Chewbacca." - Computer Gaming World
Well Fadeus I'm not negative by nature, I dont see this as much at all.
No we dont have the full story, thats why I'm not in favour of sensational headlines like the original poster posted... the OP is Strouse, he comes on here most days hanging rag on DnL, and you say nothing about it, except you get annoyed at me
chill
It's all about the contract he signed as an employee, I've experienced this twice in my own career, from refusing to sign an employment contract with a well known publisher which basically stated any ideas I had even after my employment ceased - belonged to them! They backed down very quickly. And the last experience was the other way around, I signed a contract that had zero mention of IP and forced the Company to pay me when I left if they wanted to use the code I'd developed. Either way you need to be on the ball in the 1st instance.
" he cant then claim it even if he developed the concepts at an earlier time, unless he specifically writes that in his employment contract, then its no contest "
anything you make is automatically copyright by you as long as you can prove when you created it and that it was made by you. What your saying is completely stupid unless the contract he signed outlines that point specifically and I really doubt the guy would of signed something like that considering whats happening now.
Its like saying that if Mr FORD goes to work for another auto company any ideas he had invented before than could be assimilated into the new company just because he works for a new company now.
If you go to work for a company and bring in with you something you had created previously, anyone would assume that its theirs and no one elses unless they specifically license it out in a contract and in this case that doesnt seem like it happened. It looks like he brought it to them and they took it and used it and are still using it without signing any kind of agreements which is copyright infringment.
This is why i don't trust small companies with mmorpgs.
Well, this all depends on what the law says in France...
In some places in europe if you give your program for certain company to use in a product, the company can use the program freely in that product but in no other.
Want to ENJOY an mmo?
Dont start a guild and dont be a leader or volunteer to be coleader or captain.
Just play the damn game:)
"The company is not suing him for work he started before becoming an employee"
They are using his work that he claims was created before he ever went to work for them. Unless there was some kind of an agreement signed that grants them the right to use that work than they can't use it.
Ahh ok gotchya i see your point.( i should pay more attention)
Want to ENJOY an mmo?
Dont start a guild and dont be a leader or volunteer to be coleader or captain.
Just play the damn game:)
"""According to Mr. Pourieux, this is where things began to go sour. The Mafate engine was, allegedly, based on Pourieuxs VWorldTerrain program, but when Mafate debuted, VWorldTerrain wasnt mentioned at all. At the time, Pourieux was locked in legal battles with a former partner for rights to the technology, so VWorldTerrain was intentionally separated from Mafate. Once the suit was settled, though, VWorldTerrain was still never mentioned. Farlan refused to undergo licensing talks with Pourieux, despite his technology providing the basis for Mafate."""
That VWorld technology was created before he ever went to work for them. so I dont know how they think they can use it without a license..
to me this sounds just normal. This sorta stuff goes on all the time.
People take ideas a run with them.
I dont think this will lead to any serious programs for DnL, as by the sounds of it, there was nothing protecting the previous property, so its just a person crying becuase they didnt protect their product and their idea enough. Although even that seems silly becuase it appears all he wanted was recogniztion that it was his product that it was based off. So this might all just come down to a mention in the credits and problem is solved.
Again, this is only basing off what I have read here, but it doesnt sound like a big deal, NOR does it sound like they are theives like the poster suggets.
after 6 or so years, I had to change it a little...
The fact of the matter is if he had the software first he should have licensed it to the company not show them and say we can use this it does X, Y, Z. Its his fault for not doing so. He should have known better.
The company should have behaved more responsibly for their shareholders by saying thats good have you got a licence for that?
Draft up a licence agreement and then go from there.
Never give anything away without a contract in place, fight the fight at the beginning not at the end.
But neither party did that so they are both at fault. Meaning that even if he wins his software (very unlikely) in a case, the company can turn around and say you caused us damage in some other way.
You know absolutely nothing. For example, if I wrote a program and had proof that I wrote it and you stole it from me, you would have to pay me damages and possibly suffer stiffer penalties.
You missed my point, Yes you could go to court, I'm not saying he cannot I'm saying he did not do what you are supposed to do to avoid court.
Can he afford to go to court, if was EA against him no he could not.
So you did not get my point as a developer you should get your licence in place with your lawyer thats it end of story.
Also didn't he give it to them?
Pourieuxs program, now called VWorldTerrain, could simulate weather, tweak celestial goings-on, and even manage virtual life forms and objects on the ground (animals and vehicles). Over the course of three years, the system improved as more technology became available and in 2001, Pourieux claims Farlan approached him and asked to utilize his work to produce Dark and Lights groundbreaking landmass. He formed a world-development team on Reunion Island, a volcanic colony east of Madagascar, and set to work.
The name of the team was NPCube. In 2002, they developed the much-touted Mafate engine, which works closely with other middleware to comprise Dark and Lights back end, the framework that makes the game run.
Now this implies that there was discussion, a team was formed etc. He should have written the code again from the ground up or licence it.
Now he is not happy because DnL (whenever its going to happen) could make lots of money and because he had no licence in place, he want some now.
Another point is he formed a team, now how much money did this team get where did it come from etc. Does that constitute recompense for work. Once again you have nothing here in this forum about a contract, you dont know if there was or wasnt and if the party is complaining of theft then he should have one, he probably got some money but he wants more and should have thought about that before.
Its the third company thats the problem he should have had binding agreements that protected him in the event of a wrap-up, transferring his IP back to him thus entitling him to recall it from DnL