Color Switch Vs Fortafy Games

Discussion in 'Buildbox General Discussion' started by Arsmen Studio, Apr 13, 2019.

  1. Arsmen Studio

    Arsmen Studio Avid Boxer

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    [​IMG]

    So guys as i said two years ago it seems David underestimated fortafy games marketing work! From the outside looking in seeing the viral videos everywhere that they did was the key to the success! Now David’s game is no where in the charts like it was before! And David even tried to sue fortafy games in USA but the judge threw it away and dismissed the case!

    This is the link and yes i paid about 50$ for the docs because i was interested to read it :
    https://www.pacermonitor.com/public...a42rYXH0xsbFVS3QntVJMy3Jgm1uFS5L2Edu9EWe8b0bM

    Here you can read : https://www.mediafire.com/file/6um5...-to-Dismiss-033110919974c5289d08_(1).pdf/file

    let me know what do you think guys and remember i am just sharing FACTS!
    Best!
     
  2. itzonator

    itzonator Serious Boxer

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    It depends on what publishing deal David signed for. If Fortify refuses to send back the game to David's account, then they must have been legal agreement between both parties that takes place. So be careful what you sign for. :)

    If Fortify does this, then do not submit games to them.
     
  3. Arsmen Studio

    Arsmen Studio Avid Boxer

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    its not about if "fortify does this" if you read the whole case files you can see that fortafy did every update and built the game modes and they had an agreement that whatever fortafy built they owned. so why would they then send david the game? if there was anything wrong with what fortafy did the judge would of awarded david rights but instead he threw it out. i said this 2 years ago that david underestimated the work fortafy did and now its proven to be correct.
     
  4. itzonator

    itzonator Serious Boxer

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    That's correct, so if Fortify builds on top of the game, they do not usually own the original source, but if it says that in the agreement and David signs, he gave up the rights to the original source. David no longer received any payments or revenue share from Fortify? I assume, if they sue each other.
     
  5. Arsmen Studio

    Arsmen Studio Avid Boxer

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    So If you read the link I sent it says David owns the IP of Color switch the original version he sent to fortafy not any enhancements that fortafy did, which was every single mode in there. So there was no legal obligation to send it back to David when he chose to no longer work with fortafy as he only owned the original version he sent to them which he would of already had from the start.

    Have a read of the pacer link it is very interesting. I honestly would of just renew the contract anyone who really followed the marketing knows that fortafy did something ground breaking in that department.
     
  6. AppNasty

    AppNasty Miniboss Boxer

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    Yeah, they don’t need to nor are required to send him the work they did. He reuploaded Color Switch on his own as he owns the game itself. So they won’t be able to use it anymore. They get nothing from this day forward. However, David’s new campaigns to get the new Color Switch up and running are pretty good. He’s paid Instagram stars etc. and the new CS isn’t bad at all. I love it’s new direction. New look and feel.

    If you think about it the only benefit of getting them to send the code over is just to save time from having to remake everything. So heck with it. They don’t wanna send it. So he went and rebuilt it all instead.

    Now Fortafy has a dead game they can’t do anything with. But also don’t have to give up any money gained from it from a certain point.

    We...and even Fortafy, should learn from this. Read your contract in detail. Ask questions. Maybe send it to a local lawyer and ask them questions. And on Fortafy side, they should use this case to explain to new devs how it works. Show the devs these docs and explain so dev doesn’t get confused or try to pull a fast one in the future.

    David isnt wrong but neither is Fortafy. They are both in the right and are justified in their stance. It’s iust an example of a good ole stalemate. I love what David has done to CS reboot. Not top 10 anymore of course but now it’s allllllll his. I would rather make less money but be in full control vs make more money and end up in this position.

    Quick thought on publishers:
    I’ve been thinking and have read the demands some pubs make. Take VooDoo for example, something like you must make updates regularly or they will fine you $50,000. Etc. Why not just offer to sell the game outright to them? Or something like...dev gets 30% revenue for six month and then dev sells game to pub (if it turns out the game is hot) for like 3 million bucks or something. I would rather cash out and have no responsibilities or deadlines to meet. Take my burst of money and do it again or start a co.
     
    Last edited: Apr 13, 2019
  7. Collin Wade Thiessen

    Collin Wade Thiessen Avid Boxer

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  8. AppNasty

    AppNasty Miniboss Boxer

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    Wow. I never knew that happened. It’s a good strategy to possibly use in the future too. Think of a way you can get a company or celeb to tweet you out unintentionally.
     
  9. itzonator

    itzonator Serious Boxer

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    How you get a celebrity to promote your game, they usually get thousands of messages per day from fans? How you could get their attention? One way is to be part of their social circle of influence in location. Oh wait, if you come as needy, they won't pay attention. They usually know each other with other famous actors / singers, etc., not to mention that they live busy lives with so much attention they try to filter out. They are very isolated from the public in general.
     
  10. AppNasty

    AppNasty Miniboss Boxer

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    True. I have a few celebrity friends that ive gained over the years from doing stuff on social media. With latest being Michael Ray Bower, DonkeyLips from 90s TV show on Nickelodeon called Salute Your Shorts. But of course hes not a mega ultra star anymore. Believe it or not just reaching out on twitter [DM ONLY] works well. Most celebs manage their own twitter accounts. To get them to read yours out of all the messages they get is hard. Nothing you can do except HOPE they see it. But if they do, bring something to the table that will catch their attention. Offer them something.
    My method has always been to offer comic strips in their name etc for FREE. During that time of talking with them over months you develop a friendship. Then, Once its established that you can consider yourselves buds, thats when you move on to "Hey, Wanna post this for me?" and they will think back on how you did X for them for free so why not. It works. I was about to start doing some work for Macaulay Culkin and his new company Bunny Ears but never went through with it. Slowed down as i was signing on for TOO MUCH work.

    As for the Tik Tok star [ian zaro aka dubsmashking] I simply followed him on FB...He uses his personal profile AND a page, friended him. Then comment a bunch on his posts....made him laugh. Eventually shot him a message and asked if he would want a comic strip about him. He loved my idea and pitch and we've been buds ever since. Now when im ready, he will post on Tik Tok or his other social media about whatever.

    If i where to up the scale to someone ultra large....like say...Seth Rogan. I myself would snatch his attention by publicly doing something for him. I use comics as my go to method lol. I would make a comic about them....tag them and wait to see if they like or retweet it. If they do, i would then message them and ask if they want regular strips. Likely they will say yes if its FREE. Now youre building a relationship with Seth Rogan. As he will actively be looking for your messages. You shoot him one asking if this idea is good...he laughs....then you guys start chatting about everything. Thats a good spot to be in. He gets content in his name and you get access to a star.

    You can take the route of just messaging them and paying. But im a poor boy. I have to slither my way in through free routes lol. Thats the thing most artists and freelancers don't get. Almost all celebs will say YES if you are offering to do X for free. THey will respond with "My work is NOT free and i am worth x" but you know whats worth more than that? An actual relationship with said celeb. Who wont mind tweeting you out etc. Because you did something for them for nothing so they will give it back. Also another tip, Start by reaching out to LESSER celebs. Or youtube channels etc. Ones who are more likely to work with you.

    I spoke to one super huge instagram star and she said she typically gets about $10,000 just to post a company's app etc. Thats money we small devs dont have of course. But the result would be worth it if we could. SO i started commenting on her stuff and occasionally shoot her a message not asking for anything but just a friendly "So hows things going? Everything good?" and "Glad to hear that! Anyways, gotta get the kids from school, just wanted to toss you a message, CYA!" Now she sees me as one of the few she will chat with on a personal level. There is 2 bonuses for me here. 1, Of course possibility of a post for me. But 2, I made a new REAL friend. I can talk about this stuff all day lol. The point is, You can get it done if you really wanted to. What im working on now!
     
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  11. menanche

    menanche Boxer

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    Last edited: Apr 15, 2019
  12. itzonator

    itzonator Serious Boxer

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    So you are a Celebrity Hunter of some sort. Surprisingly, most celebrities are isolated, because they get so much attention, do you know what this also means, they are LONELY, bored as hell, if they get to have some free time for whatever reason. Some of them are workaholics to compensate that, that's how they go by in life, but others look out on social media to post stuff to make a good feel about themselves, like Dwayne Johnson, he shares most of the stuff he did in the gym or whatever. Instead of a comic strip, can you make a game that the celebrity can relate to? This is the best way to catch their attention, if the game is about them, they'll share it instantly. I believe that's the best way to go about it, but also have to be careful not to violate any 3rd party rights doing so, most celebrities do not even own their names :)



     
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  13. AppNasty

    AppNasty Miniboss Boxer

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    Pretty much, yeah. Make anything for them. Something they can make money off of or something that continues on and on like a comic strip etc. if you made them a game about them, never upload it to stores without asking them. Instead, send them a video. Don’t do it publicly. Private message them the video and say “Hey, I’ve been a fan of your work for many years and made this for you. Would love to put it on a google and Apple stores if you want. We can make money off it too.” If they agree to let you, now you have a different reason to talk to them versus FANS. You have a business deal so they wont ignore you when you call.
     
    Last edited: Apr 14, 2019

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