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[Tom Buscaglia's latest 'Game Law' column sees him suggesting that "just like a kid and a dog, every game studio should have its pet lawyer to keep it safe and secure" - contributing key training tips for both canine and human sides.] One of my clients sent me an engine license to review for him. He was considering a few options and asked me to review and revise the contract on one of the engines he was interested in. I took a look and, typical of most middleware licenses, the middleware developer was delivering the license with few, if any warranties.
Well,
as much as I would prefer that my client get some decent level of comfort
in the software he was considering licensing, I understood the issues
and was pretty much OK with most of the language. I did however have a concern that if the engine code inadvertently included some open source software, it might compromise the commercial viability of the game. So I added language into the license agreement that warranted that the engine did not contain any open source computer code that would limit or negatively impact the commercial viability of my client's game. I didn't expect this additional language would be a problem since the inclusion of any open source of code would significantly impair the commercial viability of their product as well. |
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