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Supreme Cmdr

3000AD vs Dreamcatcher - Part Two

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*moved to its own thread*

quote:


Originally posted by Prez:

From the nitwits over on Blues (Prez is a regular! ) to
this:
.

quote:

I know it's big fun to rip on Derek, and far be it from me to rain on anyone's parade, but I just wanna pipe in with my $0.02, and stir the pot a little bit.

First, in the interest of full disclosure, I should preface this by saying a few things:

1) I'm the guy who brought Derek into DC in the first place.

2) I'm no longer employed by DC -- I was one of about 5 or 6 senior people let go in December. So, I have no inside info on what's gone on there in the past 6 months.

3) I consider Derek a friend. He's never been anything but straight up with me personally, and a huge supporter of me professionally. Behind all the bluster, he's actually one of the nicest guys I know.

All that being said, my point is maybe he's right? Maybe DC did screw him over big time, and he's just fighting for what is rightfully his? He may not be going about it in the quietest way, but it's his way. So instead of goofing on him, maybe he should get our support?



quote:


Originally posted by Prez:

It is my duty and my honor to defend thee on the blues forums, SC!


quote:


Originally posted by Prez:

quote:

DreamCatcher regrets that Mr. Smart has resorted to making false accusations online.

DreamCatcher has fulfilled or exceeded all of it contractual obligations with regards to the two agreements signed with 3000AD and Mr. Smart. Contrary to his assertions, DreamCatcher, not Mr. Smart, terminated the last agreement with 3000AD due to non-delivery by 3000AD of UC: A World Apart. The first agreement with 3000AD governing their earlier products, BattleCruiser Millennium Gold and Universal Combat is still in full force and effect and the rights granted under it have not reverted to 3000AD.

We vigorously deny any allegations Mr. Smart has made regarding our accounting and business practices.ÔÇØ


Justed posted on Blues a few minutes ago.


[ 06-06-2005, 09:33 AM: Message edited by: Supreme Cmdr ]

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Thats so funny, I don't even know what to say. In fact, I'm not going to say anything. I'm going to let the emails and the documents speak for themselves once I've spoken to my attorney on Monday. But since this is not confidential, lets get the ball rolling with this notice which (they complied with the UCAWA aspects last night) prompted my original post which sparked the recent developments.

As with last year, I'm going to arrange whatever documents and emails (those I legally can without breaching confidentiality) in chronological order, related to this issue.

Fact is, they no longer have Universal Combat - A World Apart and Universal Combat Special Edition (the two follow up titles) because of issues in our first (BCMG + UC) contract. This is not a company with a lot of products; let alone be able to aford losing even one; let alone two. Anyone with access to NPD and the European sales figures, can immediately see the sales of BCMG and UC worldwide. They both made money. Lots of it and thats no big secret.

If they want to make public just HOW and WHY they lost the rights to two titles (both of which were 100% completed, done, in escrow, ready to ship etc etc since 04-15-05) with earning potential in excess of $4m; just like that, let them. I'm not going to post it and have them sue me over confidentiality issues covered by the contract. EVERYTHING I've posted so far, is covered 100% by free speech and does not in any way, shape or form, breach confidentiality. I'm not stupid.

All I know is, my intent in making these [non-confidential] issues public is simply because I know - FOR A FACT - that we (3000AD Inc) are not alone and too often small indies go out of business at the hands of largely unscrupulous publishers. It just so happens that I'm notoriously popular, so anything I say or write, makes the news rounds.

I have dealt with the better publishing companies in my 14+ years and only had a problem with Take Two back (BC3K, 1996). Once that was settled, that was the end of that.

I never had any problems with Interplay (BC3K v2.0, 1999) and nor did they with me. In fact, despite all the crap some have posted about their dealings with Interplay, I hever had a single problem with them or said issues would have been in the public domain (like all my other skirmishes).

I had exclusive deals with the likes of Electronics Boutique (BCM, 2000). I have sold titles via e-commerce partners such as BMT Micro over many, many years and NEVER had a problem.

I had BCM deals with several companies in International countries. In fact, two (one in Austrailia and the other in the UK) of them were later bought by Take Two. Never a problem.

WHY then is it that we CONTINUE to have these problems with this publisher? Despite the fact that they are selling our games and MAKING money from them?

Right after the BCM product with EB, we signed BCM Gold and UC (then BCG) with Dreamcatcher. And our problems started. I sued them in Canada in 2004 and was later settled.

I then signed UCAWA and UCSE to them - turning down several offers - because I didn't want to start afresh with a new publisher and because it made sense to keep the Universal Combat franchise with them; as long as they stuck to the contract.

They didn't. I walked. Without giving them the chance to screw me again.

Thats the long and short of it and they are more than welcome to refute anything I have posted here. By next week, my US and Canadian attorneys will decide what I can and cannot make public.

Food for thought: In my 14+ year history, I have NEVER - EVER - been sued for breach of a contract or any such nonsense. I fund my games. Develop my games. Deliver my games. When it comes to recouping my money, it becomes a matter of pulling teeth and babysitting contracts so that those I trusted with my work, can hold up their end of the bargain.

ALL the money I spend in post-ship support (email, website, forum, multiplayer servers etc etc), NOT A SINGLE PENNY is subsidized by a publisher. ALL of that comes from MY pocket. We support our games way past the twelve month period required by a publishing contract. We enhance them. We improve them. We patch them. We support them. Without a SINGLE question. See what we have done with Universal Combat thus far, even given the crap we've had to put up with. Why? because we value our install base more than anything else. We don't go around saying, ....oh, we didn't get paid for the last one, so we're not supporting it. bye, bye

ALL my personnel are paid out of my pocket. Even when things are tight, they still get paid. Hence the reason, six games to date, they are still the same crew. Where is that money coming from? Me. Derek Smart. How are we to recoup it? From the sales of our games. What happens when publishers don't pay us for our work; cook the books, blatantly LIE in royalty statements and no money comes in? I have to dip into my personal coffers to put money back into the company. Meanwhile, I'm still supporting the products they are SELLING.

Now tell me, WHO won't be PISSED?

I'm not afraid of Dreamcatcher - or anyone person or entity under the Sun. I am steadfast in what I believe in and when I sign a contract, I stick to it. I'm not some small guy that a publisher can just push around. For every attorney they throw my way, I'll send two. I don't have answer to anyone and I don't make ANY noise about ANYTHING, unless I have a VALID reason for doing so. I don't engage in legal activities unless I have a reason for doing so. If Dreamcatcher feels they have a claim against me, they know where to find me. For every claim they think they have (as per the NONSENSE and LIES they posted above on Blues), I have a counter-claim. And everyone knows by now that the person voted mostly like to die than be stepped on - or muzzled - its me.

[ 06-06-2005, 09:40 AM: Message edited by: Supreme Cmdr ]

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Quoted from the same Blues thread above

quote:


OK, neither do I do always I agree with Smart's particular way of public self-expression,or care about his games ( just not my cup of tea), nor do I know what actually happened between him and DC,BUT, I did have one very brief experience with him and one a bit more extensive with DC.

Quite some time ago I exchanged a few emails about possibly doing some work for him. we negotiated, couldn't agree on the price and that was that. in these mails he was polite, clear and up front about what he demands and what he gives and although we obviously did not get to work together it was a rather pleasant experience. no fuss, no harm, no beating around the bush. wonderful.

what I have seen from DC was the exact opposite. negotiations, talks, contract drafts going back and forth delays etc.. for many months. Unfortunately I can't give away any details about this, and I am not accusing anybody of anything, but my subjective personal impression did not go in favor of DC's business practice.

All I want to say with this is, just cause DS shows an eccentric attitude in the so called online community, it doesn't necessarily mean that all he says is wrong or untrue .Maybe he screws DC, maybe they screwed him, none of us who are not involved directly, will really ever know, thus none of us shall judge.


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quote:


ALL the money I spend in post-ship support (email, website, forum, multiplayer servers etc etc), NOT A SINGLE PENNY is subsidized by a publisher. ALL of that comes from MY pocket. We support our games way past the twelve month period required by a publishing contract. We enhance them. We improve them. We patch them. We support them. Without a SINGLE question. Why? because we value our install base more than anything else. We don't go around saying, ....oh, we didn't get paid for the last one, so we're not supporting it. bye, bye

Well apparently it works cause we are all still around here and we keep buying your games In all the years I've been around this place if anything I've learned it's that come what may you won't give up your vision and you fight hard for that and are constantly improving it. That IMO is worthy of praise and support.... anyway onto DC...

Sigh... when will they learn, I just don't see how they think what they do is good business practice, it should be obvious that releasing a quality product will garner more acclaim and continued sales than screwing the consumer. It's like these guys opperate on a different cosmic plane from the rest of the business world.

Game companies are the only people I've run into that would rather toss a product incomplete and snag a few hundered thousand in sales on something that took a milion or two to make than spend an extra 10 or 20k and recoup the entire investment.

it's sad really.

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Guest

Deja Vu, once again, into the breech....

We're all behind you SC,as we always are...

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Until I have had the chance to speak with my attorneys next week, I am going to temporarily close this thread.

Thanks for your continued support, the emails, calls, PMs etc. I know you guys are out there and I thank you.

Right now, my focus is on getting UCAWA out to you guys so that we can get back to doing what we like doing. Playing our games.

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