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JoWooD responded to an inquiry by print mag GameStar for a reaction to Pluto 13 / Piranha Bytes´ latest statement on the Gothic rights controversy.
Here is a brief summary. Please note that the legal terms used by JoWooD cannot be translated easily due to the lack of exact dictionary entries. It´s more than likely their German and / or Austrian meaning is different to that in your home country. I am not a lawyer. Please take the whole newsbit with a grain of salt.
JoWooDs´ writes:
Comments and analysis:
(*) The terms "the first option" and "first option right" are not defined. They can mean, for example, the right of first (good faith) negotiation about a development contract, or the right of first refusal. The former is relatively weak while the latter is strong because it usually requires a detailed offer for the other party to decide about. It´s not even clear both terms have identical meaning.
(**) "Last option right" sounds like the right of last refusal, also known as "matching right" in response to the best offer by a 3rd party.
(1) "Currently" does not mean indefinitely. It´s possible JoWooDs´ Gothic rights will expire sooner or later. "Usage rights" are not necessarily the rights to the brand itself. This sounds like Pluto 13 owns the Gothic brand and JoWooD can use it exclusively.
(2) Now it seems the situation is reversed. JoWooD has "at least" the two options, "Erstoptions- und Letztoptionsrecht" in the original source, and Pluto 13 "potentially has certain rights" on a possible Gothic 5. This implies that (a) Pluto 13 generally holds all rights for Gothic 5 and (b) it´s Pluto 13´ s decision whether or not a Gothic 5 will be made. JoWooD on the other hand is protected by the explained options, which will give them a good shot at the worldwide publishing rights for Gothic 5.
More information.
Here is a brief summary. Please note that the legal terms used by JoWooD cannot be translated easily due to the lack of exact dictionary entries. It´s more than likely their German and / or Austrian meaning is different to that in your home country. I am not a lawyer. Please take the whole newsbit with a grain of salt.
JoWooDs´ writes:
- JoWooD currently holds the exclusive usage rights for the "Gothic" brand. (1)
- After the failure of the negotiations with Pluto 13 only JoWooD is allowed to produce the game Gothic 4 with another development studio and publish it worldwide.
- Pluto 13 is not authorized to develop and release a Gothic game at the present time.
- JoWooD owns the exclusive worldwide publishing right for conversions of Gothic 3 or Gothic 4 to other platforms.
- JoWooD owns the exclusive worldwide publishing rights for Gothic 4 add-ons [plural; ed.]. Pluto 13 "will receive the first option" (*) to develop the add-on [singular; ed.] for JoWooD.
- "With regard to a possible Gothic 5 Pluto 13 potentially has certain rights." (**) "But at any rate JoWooD has at least a first option right (*) and a last option right (**) to publish this game worldwide , too." (2)
Comments and analysis:
(*) The terms "the first option" and "first option right" are not defined. They can mean, for example, the right of first (good faith) negotiation
(**) "Last option right" sounds like the right of last refusal, also known as "matching right" in response to the best offer by a 3rd party.
(1) "Currently" does not mean indefinitely. It´s possible JoWooDs´ Gothic rights will expire sooner or later. "Usage rights" are not necessarily the rights to the brand itself. This sounds like Pluto 13 owns the Gothic brand and JoWooD can use it exclusively.
(2) Now it seems the situation is reversed. JoWooD has "at least" the two options, "Erstoptions- und Letztoptionsrecht" in the original source, and Pluto 13 "potentially has certain rights" on a possible Gothic 5. This implies that (a) Pluto 13 generally holds all rights for Gothic 5 and (b) it´s Pluto 13´ s decision whether or not a Gothic 5 will be made. JoWooD on the other hand is protected by the explained options, which will give them a good shot at the worldwide publishing rights for Gothic 5.
More information.
- Joined
- Aug 30, 2006
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- 7,830