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	<title>Comments on: The work scheme of an independent Flash developer</title>
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	<link>http://mochiland.com/articles/the-work-scheme-of-an-independent-flash-developer</link>
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		<title>By: Josh</title>
		<link>http://mochiland.com/articles/the-work-scheme-of-an-independent-flash-developer/comment-page-1#comment-79132</link>
		<dc:creator>Josh</dc:creator>
		<pubDate>Thu, 27 Aug 2009 22:31:20 +0000</pubDate>
		<guid isPermaLink="false">http://mochiland.com/?p=1831#comment-79132</guid>
		<description>Yes, I think we agree, for the most part.</description>
		<content:encoded><![CDATA[<p>Yes, I think we agree, for the most part.</p>
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		<title>By: Badim</title>
		<link>http://mochiland.com/articles/the-work-scheme-of-an-independent-flash-developer/comment-page-1#comment-79129</link>
		<dc:creator>Badim</dc:creator>
		<pubDate>Thu, 27 Aug 2009 21:49:04 +0000</pubDate>
		<guid isPermaLink="false">http://mochiland.com/?p=1831#comment-79129</guid>
		<description>Josh, didnt i told that already in my comments?</description>
		<content:encoded><![CDATA[<p>Josh, didnt i told that already in my comments?</p>
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	<item>
		<title>By: Josh</title>
		<link>http://mochiland.com/articles/the-work-scheme-of-an-independent-flash-developer/comment-page-1#comment-79109</link>
		<dc:creator>Josh</dc:creator>
		<pubDate>Thu, 27 Aug 2009 16:12:23 +0000</pubDate>
		<guid isPermaLink="false">http://mochiland.com/?p=1831#comment-79109</guid>
		<description>Most contracts written up by someone else will probably say that full source code belongs to the person/company that is asking you to build a game for them. I guess my real point is that you should always read and understand that part of your contract carefully. If you want to keep any source code for re-use, that particular clause will prevent it, so you need to edit the contract and discuss this with your client. Most clients will assume that they&#039;ll own the full source code to a game you write for them. Even if the contract doesn&#039;t explicitly say that, you should discuss it with the client and make sure they understand that your desire. Not only is it safer for you, it&#039;s also important for having a good relationship with your client.</description>
		<content:encoded><![CDATA[<p>Most contracts written up by someone else will probably say that full source code belongs to the person/company that is asking you to build a game for them. I guess my real point is that you should always read and understand that part of your contract carefully. If you want to keep any source code for re-use, that particular clause will prevent it, so you need to edit the contract and discuss this with your client. Most clients will assume that they&#8217;ll own the full source code to a game you write for them. Even if the contract doesn&#8217;t explicitly say that, you should discuss it with the client and make sure they understand that your desire. Not only is it safer for you, it&#8217;s also important for having a good relationship with your client.</p>
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		<title>By: Badim</title>
		<link>http://mochiland.com/articles/the-work-scheme-of-an-independent-flash-developer/comment-page-1#comment-79103</link>
		<dc:creator>Badim</dc:creator>
		<pubDate>Thu, 27 Aug 2009 14:44:19 +0000</pubDate>
		<guid isPermaLink="false">http://mochiland.com/?p=1831#comment-79103</guid>
		<description>Josh, i already told that =) there is no default value - seller sells stuff only listed in papers, no more, no less. there is no default contract - always read, negotiate, edit them before signing, so you cant be sued. or if you dont care for this project - sell all right, erase it from hdd - that is another way not be sued. 

and, when you giving away all sources, keep in mind that all code should be written as additional papers to contract(i dont know term for english), other way you dont fully transfer right for particular code, and you cant be sued for re-using it. and so on, so on... there is really easy to make sure that you cant be sued, and have right to re-use the code, that is can be done without (local or global)law degree.</description>
		<content:encoded><![CDATA[<p>Josh, i already told that =) there is no default value &#8211; seller sells stuff only listed in papers, no more, no less. there is no default contract &#8211; always read, negotiate, edit them before signing, so you cant be sued. or if you dont care for this project &#8211; sell all right, erase it from hdd &#8211; that is another way not be sued. </p>
<p>and, when you giving away all sources, keep in mind that all code should be written as additional papers to contract(i dont know term for english), other way you dont fully transfer right for particular code, and you cant be sued for re-using it. and so on, so on&#8230; there is really easy to make sure that you cant be sued, and have right to re-use the code, that is can be done without (local or global)law degree.</p>
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		<title>By: Josh</title>
		<link>http://mochiland.com/articles/the-work-scheme-of-an-independent-flash-developer/comment-page-1#comment-78963</link>
		<dc:creator>Josh</dc:creator>
		<pubDate>Tue, 25 Aug 2009 19:05:49 +0000</pubDate>
		<guid isPermaLink="false">http://mochiland.com/?p=1831#comment-78963</guid>
		<description>&gt;&quot;Clients” only own that you had sell them and what is listed in papers, not all.

To avoid any legal confusion, make sure your contracts say that you will retain ownership and right to use any part of the code you want to reuse in the future. As I said, if you wrote code from scratch for your client&#039;s project, they own it, unless your contract says you do. This is work-for-hire, and that means the results are theirs. You can probably get away without that clause, and many clients probably wouldn&#039;t mind, but you may find yourself getting sued by an old client because you&#039;re reusing code from games they thought they owned the source code to entirely.</description>
		<content:encoded><![CDATA[<p>&gt;&#8221;Clients” only own that you had sell them and what is listed in papers, not all.</p>
<p>To avoid any legal confusion, make sure your contracts say that you will retain ownership and right to use any part of the code you want to reuse in the future. As I said, if you wrote code from scratch for your client&#8217;s project, they own it, unless your contract says you do. This is work-for-hire, and that means the results are theirs. You can probably get away without that clause, and many clients probably wouldn&#8217;t mind, but you may find yourself getting sued by an old client because you&#8217;re reusing code from games they thought they owned the source code to entirely.</p>
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		<title>By: Tronster</title>
		<link>http://mochiland.com/articles/the-work-scheme-of-an-independent-flash-developer/comment-page-1#comment-78949</link>
		<dc:creator>Tronster</dc:creator>
		<pubDate>Tue, 25 Aug 2009 13:55:57 +0000</pubDate>
		<guid isPermaLink="false">http://mochiland.com/?p=1831#comment-78949</guid>
		<description>Just saw this article linked from &quot;gaming your way&quot; blog.

I am conflicted the post is down.  The author believes there is little wrong doing by ripping sprites.  The law says otherwise.  Personally I think it&#039;s fine unless any money is generated.

My background; I was the last maintainer of the &quot;Open Source Zelda&quot; (OSZ) project in the early 2000&#039;s.  We got rather father in the C++/OpenGL based program until a letter from a lawfirm Nintendo had hired sent a cease and desist.  After some communication they made it clear we could use our code (all from scratch) but the sprite we had lifted from NES emulators could not be used.

It took some time, but today, working in a AAA studio, I understand that a company with a popular IP needs to be careful it is not misused and mistakenly taken for something &quot;official&quot;.  It takes just one hot-headed individual to be offended and then launch a lawsuit.  It would not surprise me either that such an individual would go after the original IP&#039;s owner because they have deep(er) pockets.  It&#039;s whack; C&#039;est la vie.

My hope; the original author sees the perspective on why the post created controversy and revises his opinion on the matter of ripping &quot;art&quot; assets.

Cheers.</description>
		<content:encoded><![CDATA[<p>Just saw this article linked from &#8220;gaming your way&#8221; blog.</p>
<p>I am conflicted the post is down.  The author believes there is little wrong doing by ripping sprites.  The law says otherwise.  Personally I think it&#8217;s fine unless any money is generated.</p>
<p>My background; I was the last maintainer of the &#8220;Open Source Zelda&#8221; (OSZ) project in the early 2000&#8242;s.  We got rather father in the C++/OpenGL based program until a letter from a lawfirm Nintendo had hired sent a cease and desist.  After some communication they made it clear we could use our code (all from scratch) but the sprite we had lifted from NES emulators could not be used.</p>
<p>It took some time, but today, working in a AAA studio, I understand that a company with a popular IP needs to be careful it is not misused and mistakenly taken for something &#8220;official&#8221;.  It takes just one hot-headed individual to be offended and then launch a lawsuit.  It would not surprise me either that such an individual would go after the original IP&#8217;s owner because they have deep(er) pockets.  It&#8217;s whack; C&#8217;est la vie.</p>
<p>My hope; the original author sees the perspective on why the post created controversy and revises his opinion on the matter of ripping &#8220;art&#8221; assets.</p>
<p>Cheers.</p>
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	<item>
		<title>By: Badim</title>
		<link>http://mochiland.com/articles/the-work-scheme-of-an-independent-flash-developer/comment-page-1#comment-78940</link>
		<dc:creator>Badim</dc:creator>
		<pubDate>Tue, 25 Aug 2009 10:58:21 +0000</pubDate>
		<guid isPermaLink="false">http://mochiland.com/?p=1831#comment-78940</guid>
		<description>article will be up in my blog =) everybody welcomes there =)</description>
		<content:encoded><![CDATA[<p>article will be up in my blog =) everybody welcomes there =)</p>
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	<item>
		<title>By: S</title>
		<link>http://mochiland.com/articles/the-work-scheme-of-an-independent-flash-developer/comment-page-1#comment-78933</link>
		<dc:creator>S</dc:creator>
		<pubDate>Tue, 25 Aug 2009 10:19:53 +0000</pubDate>
		<guid isPermaLink="false">http://mochiland.com/?p=1831#comment-78933</guid>
		<description>So unnecessary to remove it. But everybody has to play internet cop and be saints, just because they get the chance.</description>
		<content:encoded><![CDATA[<p>So unnecessary to remove it. But everybody has to play internet cop and be saints, just because they get the chance.</p>
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	<item>
		<title>By: Badim</title>
		<link>http://mochiland.com/articles/the-work-scheme-of-an-independent-flash-developer/comment-page-1#comment-78928</link>
		<dc:creator>Badim</dc:creator>
		<pubDate>Tue, 25 Aug 2009 09:03:41 +0000</pubDate>
		<guid isPermaLink="false">http://mochiland.com/?p=1831#comment-78928</guid>
		<description>Cavalcadegames,
&gt;2. creatively bankrupt - unable to show any signs of creativity.
http://cavalcadegames.com/blog/wp-content/uploads/2009/05/rpl-update.jpg
right. but that is not my experience.

Wazoo, it can be good point, if all developers will use some kind of code, or whatever.

so far, i wonder, why you(all ppl with comment that should offend me personally) judging like this? in article there is many ways to develop right product. you can simply use top100 flash games for this year, and put % for each method. after that you will see, what i see. or you can wait for next article.

what you doing wrong here - you pointing wrong method to do good business. ok, if you doing that once, but blaming me for whole market is just awkward.</description>
		<content:encoded><![CDATA[<p>Cavalcadegames,<br />
&gt;2. creatively bankrupt &#8211; unable to show any signs of creativity.<br />
<a href="http://cavalcadegames.com/blog/wp-content/uploads/2009/05/rpl-update.jpg" rel="nofollow">http://cavalcadegames.com/blog/wp-content/uploads/2009/05/rpl-update.jpg</a><br />
right. but that is not my experience.</p>
<p>Wazoo, it can be good point, if all developers will use some kind of code, or whatever.</p>
<p>so far, i wonder, why you(all ppl with comment that should offend me personally) judging like this? in article there is many ways to develop right product. you can simply use top100 flash games for this year, and put % for each method. after that you will see, what i see. or you can wait for next article.</p>
<p>what you doing wrong here &#8211; you pointing wrong method to do good business. ok, if you doing that once, but blaming me for whole market is just awkward.</p>
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		<title>By: wazoo</title>
		<link>http://mochiland.com/articles/the-work-scheme-of-an-independent-flash-developer/comment-page-1#comment-78905</link>
		<dc:creator>wazoo</dc:creator>
		<pubDate>Tue, 25 Aug 2009 03:00:24 +0000</pubDate>
		<guid isPermaLink="false">http://mochiland.com/?p=1831#comment-78905</guid>
		<description>it&#039;s already yanked, but based on the comments I can only gather what was posted.

How are Flash developers ever going to be taken as serious content creators worthy of purchase?

Flash gaming is finally entering a &quot;new age&quot; where you can actually make enough money to stay afloat vs. working for years for pennies (if that) from ad revenue.

Make great content, make awesome games, make compelling gameplay that treats both the Flash developer and the player with nothing but the respect it deserves all around.</description>
		<content:encoded><![CDATA[<p>it&#8217;s already yanked, but based on the comments I can only gather what was posted.</p>
<p>How are Flash developers ever going to be taken as serious content creators worthy of purchase?</p>
<p>Flash gaming is finally entering a &#8220;new age&#8221; where you can actually make enough money to stay afloat vs. working for years for pennies (if that) from ad revenue.</p>
<p>Make great content, make awesome games, make compelling gameplay that treats both the Flash developer and the player with nothing but the respect it deserves all around.</p>
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