Where the copyright holder makes available to his customer a copy – tangible or intangible – and at the same time concludes, in return form payment of a fee, a licence agreement granting the customer the right to use that copy for an unlimited period, that rightholder sells the copy to the customer and thus exhausts his exclusive distribution right. Such a transaction involves a transfer of the right of ownership of the copy. Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy.
This is a technicality. Bethesda was always its own publisher, published its own games. But unlike Looking Glass Studios, who had only some distribution deals with Eidos, they were smart enough to handle the publishing part of this business. LG folded, Beth prospered.
All the ressources they poured into Skyrim was earned by selfpublished, selfdeveloped games. Beth does what some indies do want in the long run. Make yourself independent AND make grandios games with lots of production value.
Sure, and the first time you end up with a game that's not a financial hit, your company folds. The advantage of having a publisher is that (theoretically of course) they have the ability to balance out failures with other successes.
Kajetan wrote on Jul 4, 2012, 08:17:
Really, you dont need to have publishers anymore. Start small, be effective, dont grow too fast, keep small & effective teams, keep a focused developement schedule. Make money with your first game, make the second game a little bit bigger. Grow organic, do not explode.
Jerykk wrote on Jul 5, 2012, 06:29:This is a technicality. Bethesda was always its own publisher, published its own games. But unlike Looking Glass Studios, who had only some distribution deals with Eidos, they were smart enough to handle the publishing part of this business. LG folded, Beth prospered.
Sigh. Bethesda Softworks (aka Zenimax Media) is a publisher. Bethesda Game Studios is a developer. They are not the same thing.
Kajetan wrote on Jul 5, 2012, 03:36:Jerykk wrote on Jul 4, 2012, 19:53:I know. Isn't this the beauty of it? Bethesda is, like Valve, in the comfortable position to finance and distribute their own games. They do not need EA or sme other major. Beth and Valve are ... independent!
Bethesda IS a publisher.
So, Skyrim is an indie game, not requiring any involvement of a big publisher at all. Just look at that ...
Jerykk wrote on Jul 4, 2012, 19:53:I know. Isn't this the beauty of it? Bethesda is, like Valve, in the comfortable position to finance and distribute their own games. They do not need EA or sme other major. Beth and Valve are ... independent!
Bethesda IS a publisher.
Kajetan wrote on Jul 4, 2012, 08:17:Jerykk wrote on Jul 4, 2012, 06:37:Bethesda was able to make Morrowind and Oblivion and Skyrim without a typical publisher, who prefinanced the whole shebang.
Good luck making games like Skyrim, Arkham City, Deus Ex, GTA, etc, without a publisher.
Really, you dont need to have publishers anymore. Start small, be effective, dont grow too fast, keep small & effective teams, keep a focused developement schedule. Make money with your first game, make the second game a little bit bigger. Grow organic, do not explode.
Look at Runic and the production values of TL2. No need for any fucking publisher at all. Look at Hard Reset and it gorgeous destruction orgy. Publisher are on the way out, there are and will be more and more far better alternatives to make a profit with even huge games like GTA.
Jerykk wrote on Jul 4, 2012, 06:37:Bethesda was able to make Morrowind and Oblivion and Skyrim without a typical publisher, who prefinanced the whole shebang.
Good luck making games like Skyrim, Arkham City, Deus Ex, GTA, etc, without a publisher.
Acleacius wrote on Jul 4, 2012, 03:39:
Publishers are being pushed out of the picture as they should be. If they are not, they will continue destroying the industry by extorting and bleeding dry of any creativity.
A game costs 40$? Nahh, let's wait for a sale. Only 20$? Nahh, let's wait for 10$. Steam devalues games in the long run. And i dont know if thats what the majors really want.
Jerykk wrote on Jul 3, 2012, 22:47:And how does Steam, biggest distribution plattform with digital games lure the customer into buying games the customer cannot resell?
One of the big reasons why publishers are supporting digital distribution is the lack of used sales.
Devinoch wrote on Jul 3, 2012, 19:42:No
"Considerably small budget"? You're kidding, right?
NKD wrote on Jul 4, 2012, 00:03:Jerykk wrote on Jul 3, 2012, 22:47:
You're forgetting the convenience advantage of trading in digital products. With physical products, there are many variables to consider. The condition of the product, the quantity of the product, the size of the product, the weight of the product, etc. With digital products, you don't have to worry about any of those things. You click a couple of buttons and get credit instantly. Don't have to drive to GameStop, don't have to mail anything, don't have to advertise anything. Just a few clicks and you're done. People are much more likely to do something when it's convenient to do so and I have no doubt that used sales would be even more prevalent in the digital market than in the physical market. Publishers will recognize this and try to find other ways to maximize their profits, sacrificing many of the benefits that digital distribution once offered to consumers.
Precisely. As I said earlier, digital resale boils down to having two buttons, one of which gives you the game for a cheap price, the other that gives you the game for a full price. If there are no other differences, there will only ever be enough "new" sales to feed initial demand, and after a couple of days no one will buy new anymore unless other incentives are provided to do so.
In short, people who want digital resale are telling publishers "We don't want to buy your games anymore, please switch to free to play item shop multiplayer business model en masse. Thanks!" Maybe that's not how they really feel, but it's the only viable business model in a market where they can no longer make enough money off retail sales.
Devinoch wrote on Jul 3, 2012, 20:24:
Your point about money up front business model carries an expectation that a products not faulty. Define "faulty." Bug free? Then stop buying software. "Manageable bugs?" That's a fair expectation. Did you ever see a movie you didn't like? Is that "faulty" entertainment? Can you get your money back? No, you can't.
You, sir, need to have realistic expectations, or expect to see gaming go away.
Jerykk wrote on Jul 3, 2012, 22:47:
You're forgetting the convenience advantage of trading in digital products. With physical products, there are many variables to consider. The condition of the product, the quantity of the product, the size of the product, the weight of the product, etc. With digital products, you don't have to worry about any of those things. You click a couple of buttons and get credit instantly. Don't have to drive to GameStop, don't have to mail anything, don't have to advertise anything. Just a few clicks and you're done. People are much more likely to do something when it's convenient to do so and I have no doubt that used sales would be even more prevalent in the digital market than in the physical market. Publishers will recognize this and try to find other ways to maximize their profits, sacrificing many of the benefits that digital distribution once offered to consumers.
Devinoch wrote on Jul 3, 2012, 19:54:
There has not been a "bug free" piece of software shipped in the last twenty years.
The question should be if you have a used digital game market, will you like how the industry adjusts to maximize profits in that market? Or you would prefer that things stay the way they are? I can promise you, though, you switch to allowing a digital used game market and the industry will change.
What this means is that a healthy used market will tend to push publishers into developing either game's with episodic content or games with very high replay-ability, multiplayer or long, rewarding campaigns that the buyer wants to hold onto. Short games, even good ones, would suffer greatly.
What is really the question here is will enough of the market withhold from buying a digital copy in order to wait for resale of a "used" version, and thus make the software companies wither out and die? I doubt it. History has yet to show that happening with DVDs, console games, or VHS tapes.
Mr. Tact wrote on Jul 3, 2012, 22:19:
So, you do or don't agree with this?