Earlier quoted context omitted.
This is really interesting to compare both general opinion on HN and on this subreddit. On HN, a place probably filled with technical guys, people are generaly putting themselves in dev shoes. They are accusing the author of feeling entitled to more money because he felt like he was part of the team and that he think his work is equaly important as the work of everyone else. Devs being devs generaly know that coding…
Yes, like I said elsewhere - there's a lot of temporarily embarrassed billionaires here.
I liberate the ending to Minecraft from Microsoft and give it to you
371–380 of 778 posts
Re: I liberate the ending to Minecraft from Microsoft and give it to you
#372Earlier quoted context omitted.
Yeah looking at the contract, it seems exactly like the kind of thing you’d want to have for content in a game. It removes all complexities as you may need to edit or do whatever to it years later. Imagine if all the developers expected to both be paid to write code and still own the rights to the code.
> Imagine if all the developers expected to both be paid to write code and still own the rights to the code. Developers are accustomed to giving up all artistic agency and authorship, and those who can’t bring themselves to do so give up on being developers. (I’m partly in the latter category.) Thankfully, that isn’t (yet?) as ubiquitous among writers.
Re: I liberate the ending to Minecraft from Microsoft and give it to you
#373I feel for the guy, making a living off of art is difficult. However, with an extensive email chain explaining the story was written as the ending of Minecraft, even going into detail about how it was to be displayed in game, an agreed upon offer (if a bit vague), and then an exchange of funds - with no immediate attempt to return said funds. I'm no lawyer, but that sounds a lot like a legally binding agreement. > So…
That last quote is damning. The game works well without an ending poem -- or an ending, for that matter. I don't play Minecraft but my kids do, and I don't think they know Minecraft has an ending? I certainly didn't. I always thought Minecraft was this unlimited platform where you build things with no specific purpose, for the pleasure of building, like an infinite Lego set. That said, the rant, while much too long i…
To the extent these have a definite ending, it's not the ending intended for Minecraft.
Take Star Factory, you're not going to kill monsters and build up until you can take on a dragon, you're building a factory to make stars. You start with basic materials like an unlimited supply of wood and gold and you've reached the end of the game once your systems are just making stars automatically from your materials.
The modern game actually has a bunch of stuff "after" the ending when played straight up.
Re: I liberate the ending to Minecraft from Microsoft and give it to you
#374Contracts do not have to be in writing to be binding. Nor do they have to be fair. Signing the contract is one way to prove acceptance, but failing to sign the contract yet carrying it out and taking the money from the other party is also quite a valid proof of acceptance of the contract.
If he wanted to argue that he didn't accept the contract, he should not have accepted the money. I can sympathize with his regret and his feeling of being railroaded... but he took the money.
For anyone in a situation like this, where the contract comes after the work, you don't argue about whether or not to sign some paper. You reject the money until you have an actual agreement.
Re: I liberate the ending to Minecraft from Microsoft and give it to you
#375The writer of the poem, or short story, when you beat the ender dragon in Minecraft, never signed the contract releasing his copyright on it. That means Microsoft doesn't actually own the ending to Minecraft.
Microsoft probably doesn’t own the ending to Minecraft, since my non-lawyer understanding is that assignment must be done a particular way unless it is done in very specific terms as a ‘work for hire.’ However, his acceptance of the money, things written in his emails, the poem itself or other behaviors, could possibly form a case that he implicitly assigned a transferable non-exclusive license to Mojang for it to be…
> but Swedish law looks a bit vague and it’s possible to assign ownership via implicit license.
It's quite clear on this part - economic rights and right to use can be assigned to others no problem like most places but creative ownership can never be renounced, explicitly or implicitly. Details below for the curious.
Copyright is divided into economic rights and moral rights/droit moral (ideell upphovsrätt).
For the most part, moral rights can not be transferred - any contract claiming to do is void. Part of moral rights is the right to attribution - this can be signed away, but only "under kind and art limited use of the work" (that is, a poem could have been explicitly signed away for e.g. use as ending in a PC game title, but I have a hard time seeing the verbiage by Carl at the time of the acquisition being valid). Also, even if there is a contract full permission of use and reassigning all economic rights, unless explicitly noted the creator would still have an enforceable perpetual right to attribution.
More interesting is the "right to respect". It gives the right of the creator to object to changes to the work, or publication in a context, which damages the artistic reputation of the creator, which according to the explanatory memorandum means "violation of the author's personality, as expressed in the work".[1]
The author may sign an agreement promising the purchaser of a work to not execute their rights towards them (like Carl's rejected contract attempted, and like OP is effectively doing further down in the post when they announce it to be public domain).
droit moral limitations/transfers need to have a limited timespan (non-perpetual) and explicit and limited scope in use.
Relevant section of the copyright law ("Rättsfall" links relevant cases[2]): https://lagen.nu/1960:729#P3S1
Not sure to what extent Swedish copyright was/is relevant for the situation in the article.
When learning this in uni, the Swedish way was presented as somewhat different in the amount of protection for the creator, the limited scope under which author rights can be restricted or transferred. Wikipedia tells me that most European countries apart from the UK have somewhat similar interpretations, though.
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[1]: For example if the ending would have had a completely different twist, and adjustments made to the poem that changes its message, that could also be an issue even if the use and rights transfer was otherwise agreed upon. To give you an idea of how far this can go, a film director was awarded damages on the grounds of TV channels making inappropriate cuts for commercials when airing their movies: https://lagen.nu/dom/nja/2008s309
[2]: Related to this case: a reporter writing a news article for their employer, a local newspaper. The next day the same article was republished in another publication owned by another company, with the permission of the employer. The court held that the employer had no rights to extend the economic license to another company, and the second paper had to pay the reporter. Seems pretty clear-cut that if Swedish law were to apply, Microsoft has 0 rights wrt the economic rights of the poem and would be liable to compensate OP for past unlicensed use, up until the point of the blog post where they renounce these rights moving forward. https://lagen.nu/dom/nja/1993s390
Re: I liberate the ending to Minecraft from Microsoft and give it to you
#376Earlier quoted context omitted.
It didn't for the longest time, and then one day suddenly there was this whole dragon thingy
> It didn't for the longest time mid 2009-end 2011 is not "the longest time", c'mon!
Re: I liberate the ending to Minecraft from Microsoft and give it to you
#377I feel for the guy, making a living off of art is difficult. However, with an extensive email chain explaining the story was written as the ending of Minecraft, even going into detail about how it was to be displayed in game, an agreed upon offer (if a bit vague), and then an exchange of funds - with no immediate attempt to return said funds. I'm no lawyer, but that sounds a lot like a legally binding agreement. > So…
I don't know about Swedish law but in German law works created outside of an employment contract do not automatically assign an exclusive copyright to the buyer, so at best Mojang had a non-exclusive, non-transferrable, limited usage right for the poem for the use in Minecraft and nothing else. As I understand it, this makes his claim that Microsoft may not have the right to use it questionable but it confirms his ma…
Of course, because in germany you can not transfer your copyright at all, unless you die. ;)
Without being nitpicky you are still right in the way you meant it: There is no automatic usage right afaik. (And also google results agree: eg https://likvi.de/blog/urheberrecht )
Re: I liberate the ending to Minecraft from Microsoft and give it to you
#378Earlier quoted context omitted.
Knowing some superartistic and talented people, I generally agree. But Mick's case is very different. Mojang did pay, the guy did write, it's just that the guy wanted more than there was there in the informal agreement. Mick Gordon did sign, idSoftware did not follow the contract, failed to pay on multiple occasions and did not even try to come back to reason in the longer term. Then there's the whole OST story, whic…
What did Mojang pay for though? That appears to be the point of contention. It sounds like Mojang threw £20k at the author without understanding or articulating what that payment entitled them to. At a later point they realised they didn't own the actual work itself and tried to strong-arm the author into giving them that ownership for effectively nothing. At the time Mojang appears to believe that this could be an i…
Both sides didn't clear up the legal side of things, yes, but it doesn't change the fact that both were OK with it until... until what? What did change? The writer wanted more... money? Recognition?
Re: I liberate the ending to Minecraft from Microsoft and give it to you
#379That's a lot of anger, negativity and bitterness, and entitlement (one of the game's creators for writing the ending text?). Reminds me of the kid on the cover of the Nevermind album and other people that are kinda tangentially connected to something massively successful, but not connected enough to benefit materially, and they let that define who they are and ruin their lives. Could have been a neat personal story,…
Re: I liberate the ending to Minecraft from Microsoft and give it to you
#380Earlier quoted context omitted.
He certainly seems to struggle with talking about money. Like he said: he should have let his agent handle it. But he didn't, because he saw this as something other than what it was: a friendship instead of contract work. It was an awkward relationship because both sides had a completely different view of what the relationship was, and didn't really communicate that with each other. It's great that he was finally abl…
Sure, it's possible that's true, but I don't see how that reflects poorly on anyone but himself. He asked for their offer, Mojang offered $20k, and he took the money. We can write justifications for why he did this, but that he seems to believe he was entitled to more money than the offer he accepted is entirely a problem of his own creation. Expecting Mojang to deal with his communication and mental health issues is…
> He asked for their offer, Mojang offered $20k, and he took the money.
The way I'm reading it is that he didn't even want to talk about the money. It had to be all about the art. And yet he clearly has lots of feelings about the money. Like I said, it's mostly his own attitude that's his problem. And although he claims lots of personal growth because of this, I'm still not sure he really understands that he's mostly projecting his own issues on others.
Still, he's probably right that he still owns it and Mojang only had a license, and giving it to the public domain is a nice gesture, if made with some grandstanding.