Common mode of cooperation is the responsibility of the party game industry research and development, upgrading and maintenance of game software, the other as a game software developer of exclusive agents, responsible for the operation of the game, promotion, distribution, use, service. When the two sides signed the "software development contract", taking into account the game software itself of technical and software functionality items, the uncertainty of module items, tend to develop requirements and standards of game software does not make a specific agreement, leading to the two sides dispute on the performance of the contract, and then to court. I borrowed this article to talk about their views and propose solutions, how to prevent "the friendship of the boat," said the turn to turn.
Contractual obligations lines flowchart developers and agents all sectors of the game basically clear, that is, in the third part of "the two sides negotiated a revised" related to the need for developers and agents together with the completion, which is the high point of controversy, R & D agents often accuse the agreement fails to be closed test, agencies will not refute but do not organize the test version of the software developers eventually submitted does not meet the requirements of closed beta.
Contract Contract Law of China to fulfill the full implementation of the three principles, personally fulfilling and while performing, which is the full implementation of the principles applicable principles determine whether the subject is comprehensive contract obligations, the principle requires parties to strictly perform the contract in accordance with the contract, specific performance fulfill the main aspects, time, content, location, etc., required to perform in line with the agreement. This paper mainly talk about the fulfillment of content, development of game software developers how to be considered to achieve the full implementation of contractual obligations it? I believe that can be judged from the following two criteria.
A criterion: whether there is a functional defect can not achieve the purpose of the contract . Game software development contract purpose of the contract is to be able to develop a normal online operations and meet the market requirements of the game software. Therefore, if the game software defects on the function, purpose of the contract will not result in, developers can be considered not fully fulfill its contractual obligations. Two criteria: whether the gaming market operators demand. Game Software Development is different from Website design, in addition to functional requirements, game development is the ultimate test of the game can be profitable, if a single game play more boring, there were no online games need to communicate with each other while playing, no fighting pleasure, naturally You can not get players of all ages, no player support, no heat mentioning the profit?
"The normal online operations," the standards, consult the relevant software development professionals combined experience of its own legal service, I believe that the premise of online operations that have at least the basic game of functional modules in completed structures server infrastructure on the basis of the framework should also include the survival of the system (the basis of the game world), upgrade the system (most of the RPG games and strategy games are involved in the system), map system, combat system (including a variety of martial arts moves, defense, Numerical attack, etc.), mission systems, operating system, interface system (primary interface and secondary interface, pop-up screen), NPC design; basic version of the above game software development.
"Operations in line with market demand," this standard is more difficult to grasp, depending on the different types of games, the agent requirements may be, practice with the advance of the test, agencies will continue to propose amendments, developers modified for advice, and so forth cycle, to delay the development of the expiry failed to provide the final closed beta version. The court's attitude is that both sides are at fault identified, involved in the case about the contract could not completely fulfill all responsible, the corresponding costs of game development generated shared by both parties, each playing the "reprimand." We know that developers develop longer a game consumed, the greater financial pressure, even repeated changes requested by the contract beyond the scope of development, developers can not afford to consume; but standing on the perspective of agents, in order to games are played on newer, more sophisticated on the art design, developers hope to make in line with market tastes and originality of products, spend money commissioned if the "change skin" problems can be solved, there is no need. In order to solve the above problems, balance the interests of both sides, the author gives the following recommendations on the game's specific development requirements and standards for refinement agreed in the "software development contract", and urged the agency acceptance testing as soon as possible. details as follows:
Game software development deal with before the project outline were agreed, including three parts
"Outline" including but not limited to, the following conventions in terms of product summary of: game summary, the business model, target user-defined target game time model, art style definitions, world view definition, control methods definition, performance definition, core of the game play definition of (core game play, game numerical design principles), etc; in addition, shall determine the server infrastructure and client architectures.
Co-operation mode of the game industry is a party responsible for the development, upgrading and maintenance of game software, the other is the exclusive agent game software, responsible for the operation of the game, promotion, distribution, use and service. The signing of software development contract, taking into account the technical nature of the game software itself and the uncertainty of software functionality items and modules, often there is no clear agreement on the development of game software requirements and standards, leading to both the performance of the contract in dispute. Parties, then book in court. This paper discusses on their views and proposed solutions, how to prevent "friendship boat" reversed.
Contractual obligations in all sectors of the flowchart online game developers and agents basically clear that the third part of the "consultation and modification" refers to those who need to develop cooperation with the agency. This is the focus of controversy. Developers often accused the agent does not perform according to the contract closed test. Agent will refute the final version of the software developer does not meet the requirements submitted by closed beta is not organized.
Chinese Contract Law stipulated three principles fully perform the contract, personally fulfilling, at the same time fulfill. Full implementation of the principle is to determine whether the contract entity applies the principles of full compliance with its obligations. This principle requires the parties to fulfill the contract in strict accordance with the contract. Implementation of body, time, content, location and other aspects need to fulfill the agreement. This article discusses how to implement game software, game software developers to develop what is considered to be completely fulfill its contractual obligations? The author believes can be judged from the following two criteria.
Guideline 1: Is there a functional defect can not achieve the purpose of the contract. Game software development contract to develop a game to run properly and the software to meet market demand. Therefore, if the game software functional shortcomings, it will prevent the purpose of the contract. It is believed that the developers do not completely fulfill its contractual obligations. Standard 2: meets the operational needs of the gaming market. Game software development differs from web design. In addition to functional requirements, the ultimate test is whether the game development game profitable. If the single boring game, when people play online games do not interact with each other, there is no fighting fun, naturally not by players of all ages. No player support and enthusiasm, how profitable?
To "normal operations" as the standard, consult the relevant software development professionals, and their combined experience providing legal services. I believe that the premise of the online operation of the game is to have at least the basic functions of the module. Based on complete server infrastructure, should also include the survival of the system (the basis of the game world), to upgrade the system (most rpg game and a strategy game has a system involved), map system, as well as the combat system (including a variety of martial arts moves, defense , attacks, etc.). ), Mission systems, operating system, interface system (main interface, deputy interface, pop-up interface), npc design, these are the basic version of the game software development.
"Functioning in line with market requirements," the standard is difficult to grasp. It depends on the type of game and agent requirements. In practice, as the test proceeds, the agent will continue to propose changes, developers will be amendments. Cycle, to delay the development period has expired, is still unable to provide the ultimate closed beta version. The court's attitude is to determine the two sides are at fault, and take full responsibility for contract does not fulfill the contract involved in the case. Corresponding game development costs shared by both parties, each playing "Fifty board." We know that the longer the developers to develop the game, the greater financial pressure, repeated revisions even beyond the scope of the contract requires the development, developers can not afford; but from the point of view of the agents, in order to be able to play the game update, art and design more complex. I hope developers to produce in line with market tastes and creative products. If you can solve the problem "change skin", there is no need to spend huge amounts of money to contract manufacturing. In order to solve the above problems and to balance the interests of both sides, I propose the following, the specific development requirements and standards in the "software development contract" to refine the game, and urge the agents tested as soon as possible. As far as possible. Details are as follows:
Game software development should be agreed upon before the project outline, it consists of three parts
"Outline" includes, but the term is not limited Outline of: game summary, the business model, the target user defined target game time model, artistic style definitions, world view definition, manipulation definitions, defined capability, core game game defined (Games core games, game numerical design principles), etc., should also determine the server infrastructure and client architectures.
The total resources listed arts scene, the number of resources required for the role of art, equipment / props, interface, animation and special effects.
Before the development of game software, you must develop the project outline and related accessories. When the terms of the contract without mutual consent, to determine the agent advocated the development of software features belongs to the scope of the contract, the contract is essentially a question of interpretation. The method we can use to explain the system, all the terms of the contract and the annex as a unified whole, from the relationship between the terms and attachments, to determine the location and the overall requirements of the agent's contact is beyond the scope of development contract.
It was also agreed design plans and payment schedules
Payment game software development contracts generally installments. User side game there are some public beta date payment terms, network architecture or beta versions have been completed and accepted as payment. These three parts, a clear test objectives, namely agents for standardized tests; determine the completion of each stage of the cycle; and clarify the material to be submitted after completion of each stage. From the perspective of balancing the interests of both sides, the authors do not recommend creativity and playability of the games included in the software test target, since these tests are too subjective and objective unstable, difficult to control, indirectly causing the test to fail. "Weird" to operability, skill effects, interactive features, upgrade the rhythm of the game screen, the game includes a copy of the game, especially in game bugs and security status.
In order to prevent delays acceptance agents, should pay attention to a few details. First, notice the program after approval, such as requiring Party (agents, the same below) in verifying the test target, we should send a confirmation notice to Party B (R & D, the same below) in writing or by e-mail report. Second, deal with overdue audit Party B submit. Within 10 working days after the release of game software, such as the party did not provide feedback in the form of a written version of the report or e-mail, considered asa deemed qualified software version, and B shall pay the corresponding amount. In the software development process, if the Agent does not match the requirements of the contract, in order to clarify the responsibility to fulfill the delay, the proposed supplementary agreement the two sides signed a written confirmation; third, the handling of the Party not to comply with the terms of its cooperation. iGations request Party to provide effective amendments or confirm the information in the software development process, provided that the party has been formed to provide the working party. Have not been effectively modified or confirmed dead time over a certain period, the Party can give consent to terminate the contract.
Artistic style and complete quality reference standard
In practice, master the art style is the most difficult to meet the tastes agents. Each agent's aesthetic standards are different. If no agreement at an early stage art style and quality standards of product quality, you will encounter today the most popular Chinese style. In the case of European and American style, later adjusted mass production is time-consuming. Indeed, the revision of Art and Design will be more frequent. In order to avoid delays in payment caused because of changes in the details, the authors suggested that if the Party, the two sides can reach an agreement in the contract are interested in design manuscript text, icons, local color, local layout. . Adjustment factors required to be considered "amendments to Rules", can be regarded as the basic Party approved design.
Withdraw exclusive rights
In practice, in addition to installment, the developers and agents as well as other forms of cooperation, namely the use of a fixed license fee plus revenue sharing. The advantage of this approach is that it allows developers to reap the benefits of late game operations and effective means of encouraging developers to develop games more attractive products to meet the needs of gamers. The disadvantage is that if the game is not online late, it will be more attractive. The authors suggest that the two sides can agree on a common investigation plan. For example, if the party delivered products meet standards of public survey data to Party A, if Party A public survey carried out due to non-B causes not within a certain time, B is entitled to revoke the exclusive rights to the product. In this way, it effectively avoids the risk game refrigerated, developers have to make every effort to develop and design.