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What's up at Infinity Ward...?

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  • Ott
  • JFletcher
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    JFletcher polycounter lvl 13
    Wow, that is just incredibly low...

    Go respawn entertainment!

    Now can we cut the cord with blizzard? :(
  • aesir
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    aesir polycounter lvl 18
    JFletcher wrote: »
    Wow, that is just incredibly low...

    Giving out bonuses to employees!! The NERVE of them. OUTRAGEOUS
  • JFletcher
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    JFletcher polycounter lvl 13
    No, i meant the bit where it was only for people who didn't leave, as if out of spite. :)

    Fantastic some people got their bonuses, yeah, but i can't help but feel they only did it to get back at the ones who left, or even to convince people to stay, instead of actually wanting to reward them. After all why would they wait this long, after disaster strikes.
  • Thegodzero
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    Thegodzero polycounter lvl 18
    "Now they have no other reason to stay. JUMP SHIP!!"
    I couldn't say it any better!
  • bluekangaroo
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    bluekangaroo polycounter lvl 13
    aesir wrote: »
    Giving out bonuses to employees!! The NERVE of them. OUTRAGEOUS

    I think he meant its shitty they're only giving them out to people still with the company, and stiffing those that helped make them a huge wad of cash

    ah yeah Fletch beat me to it.
  • bounchfx
    Thegodzero wrote: »
    "Now they have no other reason to stay. JUMP SHIP!!"
    I couldn't say it any better!

    I'd imagine they're receiving it with specific guidelines on keeping it; such as if they leave within 1-2 years, they have to pay it back. something like that.
  • Fuse
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    Fuse polycounter lvl 18
    Again, I think with the sensationalism of the media it's getting misinterpreted. You never qualify for a bonus if you are no longer with the company. Why is it so difficult for people to understand that?

    Was anyone ever in receivership of a monetary bonus after having left the company in their experience ?

    It's good that the bonuses are finally getting distributed so the people who were going to leave can finally move on.

    Bounchfx: I would be very surprised if something like that would happen. I would never sign to agree to such an arrangement and I am pretty sure it's borderline illegal.

    A person is free to leave at any point without any reprecussions.
  • Saiainoshi
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    Saiainoshi polycounter lvl 9
    Blahh what a mess. I can't wait for them to give us the iron fist if we want to ditch WoW and start a new IP. When in doubt pitch your ideas to another company. In the end, I think this is a good thing for the people that were let go. Why? Because they get to start a new IP, they're no longer under contract, and they don't have to deal with Activision(well until after the lawsuits hehe).
  • Thegodzero
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    Thegodzero polycounter lvl 18
    Fuse wrote: »
    Bounchfx: I would be very surprised if something like that would happen. I would never sign to agree to such an arrangement and I am pretty sure it's borderline illegal.

    A person is free to leave at any point without any reprecussions.

    Yeah if they tried to pull that that would be pulling a 3D realms, "Here is a big loan, you can have it for 0% interest just so long as you work here. If you leave you have to pay it all back before you leave the building."
  • thomasp
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    thomasp hero character
    i thought the whole point of bonuses is that they are given at the employer's discretion and are not so much a reward for having put in the work but an incentive to stay on. thus i heard of a few (big) places that pay bonuses more than a year after shipping a project.
    royalties on the other hand...

    i wonder for how long this activision community guy will continue to discuss his employer so openly in public. ;)
  • oXYnary
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    oXYnary polycounter lvl 18
    Fuse wrote: »
    Again, I think with the sensationalism of the media it's getting misinterpreted. You never qualify for a bonus if you are no longer with the company. Why is it so difficult for people to understand that?

    Was anyone ever in receivership of a monetary bonus after having left the company in their experience ?

    It's good that the bonuses are finally getting distributed so the people who were going to leave can finally move on.

    Bounchfx: I would be very surprised if something like that would happen. I would never sign to agree to such an arrangement and I am pretty sure it's borderline illegal.

    A person is free to leave at any point without any reprecussions.

    Because there was a post earlier from a former headhunter talking about CA laws. What they are doing is illegal under CA law. I dont remember the post (Im sure someone can dig up from joystiq or wherever it was posted). CA laws require employers to grant bonuses to all people involved with the title. Not just those whom are around when they finally decide to dole them out.
  • aesir
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    aesir polycounter lvl 18
    oXYnary wrote: »
    Because there was a post earlier from a former headhunter talking about CA laws. What they are doing is illegal under CA law. I dont remember the post (Im sure someone can dig up from joystiq or wherever it was posted). CA laws require employers to grant bonuses to all people involved with the title. Not just those whom are around when they finally decide to dole them out.

    ummm, no? It depends on their contracts. Unless we can read the contracts, we know shit.


    As far as it apparently being a dick move to give bonus to your employees, but not to the ones who quit, what are you going to say next? When I give a few bucks to a homeless guy and none to you am I dick too? too much weird hate in here.

    I feel sorry for absolutely NOBODY involved in this entire debacle. Only West and Zampella got a bit screwed (maybe, we don't know the whole story) and they still have enough spare change to start a new studio. I'm not gonna cry for em.
  • pior
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    pior grand marshal polycounter
    Aesir, even in the US I dont think that stuff written in a contract automatically become stronger than the applicable labour law. That would be a little to easy...

    Not saying that the CA law does this and that - I dont know. Just saying.
  • aesir
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    aesir polycounter lvl 18
    pior wrote: »
    Aesir, even in the US I dont think that stuff written in a contract automatically become stronger than the applicable labour law. That would be a little to easy...

    Not saying that the CA law does this and that - I dont know. Just saying.

    Doesn't it have to be written into a contract if you're going to receive bonuses or royalties based upon how well a product sells? Are you saying that there are labor laws that automatically force companies to give me royalties and bonuses? Cause that sounds freakin sweet to me.

    edit: oh wait, I guess it's that all game artists are in a union like SAG and that's how they get our royalties built into our contracts. oh wait, no they're not.

    edit #2: I apologize for all the snarkiness. i'm a dick
  • pior
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    pior grand marshal polycounter
    Thats not what I am trying to say. I mean, if its written in a contract that you have to work while sitting on a toilet seat and blowing a horn every 26 minutes, I am pretty sure the law is on your side and the contract terms weight nothing.

    So maybe, distributing royalties to only a part of the team just based on the fact that some left after the project ships and some not, could be unlawful, no matter the contract terms. I am not saying it is or it is not. Just saying that I doubt that everything is as easy as 'contract says this, you're screwed'. But then again I might be wrong.
  • moof
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    moof polycounter lvl 7
    Whatever is written on the contract is what the courts will hold up. Unless there are overruling labor laws, but if a contract is written that disregards said laws, then I suppose you might have grounds for a lawsuit, right?

    Either way, Activision appears totally conniving behind all of this.
  • Fuse
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    Fuse polycounter lvl 18
    oXYnary wrote: »
    Because there was a post earlier from a former headhunter talking about CA laws. What they are doing is illegal under CA law. I dont remember the post (Im sure someone can dig up from joystiq or wherever it was posted). CA laws require employers to grant bonuses to all people involved with the title. Not just those whom are around when they finally decide to dole them out.

    Ah. That's very interesting ... I've never heard of eligibility for bonuses remain even after you are not longer in the company's employ..

    Aesir: Again I think people are just getting too hung up on the term "Royalties". For all intent and purposes they are probably "bonuses" by Law. So you are eligible to them if you are an employee but it's not your guaranteed right to receive them as if you would if you were in a music industry and owned rights to something.

    I'm still a little puzzled by this CA law. How can bonuses be awarded to people no longer in the company's employ. You own no rights to the property but have a legal right to the revenue ?

    Again I need to clarify. Royalties is what your boss/company may receive.. Bonuses is what you receive. You dont get Royalties in a legal sense because you would have to have at least partial ownership of the property.

    Pior is right. You could write the most ridiculous contract and have it signed but the labour law will still overrule it in most cases. Once I've had to sign a full-time contract with very vague "non-compete" clause, which in theory could prevent me from working for a competitor for up to a year after leaving (read other studio,freelance). However, it's very unlikely that stuff would hold up in court. They can make you sign whatever vague contract but they cant deny you your freedoms as a worker. They cant have you sign your life away and then hide behind some piece of paper.

    I think a lot of people mistakenly get bullied like this. This kind of relates to the "discussing salaries at the workpalce" thread too. Labour laws are there to protect you.
  • oXYnary
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    oXYnary polycounter lvl 18
    aesir wrote: »
    ummm, no? It depends on their contracts. Unless we can read the contracts, we know shit.


    As far as it apparently being a dick move to give bonus to your employees, but not to the ones who quit, what are you going to say next? When I give a few bucks to a homeless guy and none to you am I dick too? too much weird hate in here.

    I feel sorry for absolutely NOBODY involved in this entire debacle. Only West and Zampella got a bit screwed (maybe, we don't know the whole story) and they still have enough spare change to start a new studio. I'm not gonna cry for em.

    Sorry, Aesir, Ive got the bigger dick here....

    (Ok I couldn't resist)

    Anyhow, you cant sign your rights away with contracts. Labor laws do trounce contracts.

    On top of that. Here is something else to consider. If the contract worked as you think it did, and they had no protection. Then, whats to stop the company from just firing everyone or making it such a volatile workplace after the project is over everyone quits so they don't have to pay bonuses?

    You do have rights. You just have to be aware of them. Unfortunately, many are like you and dont research or talk to a lawyer. Letting "the man" screw you over.
  • Fuse
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    Fuse polycounter lvl 18
    oXYnary wrote: »
    Then, whats to stop the company from just firing everyone..

    Indeed. You cant fire without any grounds, that's wrongful dismissal. And a victim of that can easily pursue wrongful dismissal charges and Oh boy!. Companies do not want to go that road.

    They can just dismiss you without alleging cause but then they have to pay up. Severance + sometimes other stuff.
  • crazyfool
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    crazyfool polycounter lvl 13
    respawn studios is a go go go

    http://kotaku.com/5522544/seven-jump-ship-to-form-modern-warfare-developers-new-studio

    some people say that they arent allowed to hire any IW staff in the next 2-3 years apparently due to an agreement before they left. more bullshit I thinks and I dont believe for one second they are going to split their $36 million bonus between employers staying put at IW. I would collect and hit the ground running if they are being such dicks about everything. I cant see them making them all sign contracts on conditions of bonuses to keep staff but then again its activision and they are the 'masters of small print'
  • eld
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    eld polycounter lvl 18
    wait. I thought activision said that west and zampella were holding onto bonuses and not giving them to the employees?


    activision, you make it too easy!!!
  • aesir
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    aesir polycounter lvl 18
    oXYnary wrote: »
    Sorry, Aesir, Ive got the bigger dick here....

    (Ok I couldn't resist)

    Anyhow, you cant sign your rights away with contracts. Labor laws do trounce contracts.

    On top of that. Here is something else to consider. If the contract worked as you think it did, and they had no protection. Then, whats to stop the company from just firing everyone or making it such a volatile workplace after the project is over everyone quits so they don't have to pay bonuses?

    You do have rights. You just have to be aware of them. Unfortunately, many are like you and dont research or talk to a lawyer. Letting "the man" screw you over.

    This makes me think we're talking about different things.

    I was talking about the issue of former employees (the ones who have recently quit) not being given bonuses. I don't think that they're owed anything. They quit. I think you're talking about the firing of west and zampella as a way to avoid giving them royalties/bonuses. Whether that was for cause or not, we don't really know for sure.

    And regardless, while labor laws certainly give you protection when it comes to being fired without cause, the contract is king in most else.

    But as i said, i think what we were talking about got muddled at the top of the page.
  • Zipfinator
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    Zipfinator polycounter lvl 9
    aesir wrote: »
    This makes me think we're talking about different things.

    I was talking about the issue of former employees (the ones who have recently quit) not being given bonuses. I don't think that they're owed anything. They quit. I think you're talking about the firing of west and zampella as a way to avoid giving them royalties/bonuses. Whether that was for cause or not, we don't really know for sure.

    And regardless, while labor laws certainly give you protection when it comes to being fired without cause, the contract is king in most else.

    But as i said, i think what we were talking about got muddled at the top of the page.

    He's talking about the same thing as you. He's saying that the law where employees must be payed bonuses/royalties for the work they've done even if they quit, which is apparently a law in CA, must be honored even if it states otherwise in the contract. While you're saying the contract holds more authority and determines the bonus payment for the people who quit he's saying the law overrides the contract which means even if they quit they should get paid. I'm not sure which is correct. I'm just clearing things up.
  • aesir
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    aesir polycounter lvl 18
    Zipfinator wrote: »
    He's talking about the same thing as you. He's saying that the law where employees must be payed bonuses/royalties for the work they've done even if they quit, which is apparently a law in CA, must be honored even if it states otherwise in the contract. While you're saying the contract holds more authority and determines the bonus payment for the people who quit he's saying the law overrides the contract which means even if they quit they should get paid. I'm not sure which is correct. I'm just clearing things up.

    That assumes that their contract already stipulates what bonuses or royalties that they would receive.
  • TomDunne
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    TomDunne polycounter lvl 18
    Zipfinator wrote: »
    He's talking about the same thing as you. He's saying that the law where employees must be payed bonuses/royalties for the work they've done even if they quit, which is apparently a law in CA, must be honored even if it states otherwise in the contract. While you're saying the contract holds more authority and determines the bonus payment for the people who quit he's saying the law overrides the contract which means even if they quit they should get paid. I'm not sure which is correct. I'm just clearing things up.

    The law ALWAYS trumps any specific contract. If Activision issues contracts in California that says they can cancel bonuses on a whim and California law says that bonuses must be paid to all contributing employees no matter what, California law wins and the bonuses must be paid. Activision can't decide which laws to obey and which to ignore.

    I have no idea how directly relevant that is in this case, but law always trumps contract, since proper contracts must be written within the confines of the law.
  • Jesse Moody
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    Jesse Moody polycounter lvl 17
    Yeah Tom Dunne pretty much summed it up right there.
  • Sandbag
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    Sandbag polycounter lvl 18
    oXYnary wrote: »
    If the contract worked as you think it did, and they had no protection. Then, whats to stop the company from just firing everyone or making it such a volatile workplace after the project is over everyone quits so they don't have to pay bonuses?.

    A lot of former Gearbox employees I've talked to dont think that's such an impossible situation to find yourself in...

    Something important to remember, which several people have stated one way or another, is that when you work for a videogame company you are "work for hire."

    This means you have no rights to the work you make, you are simply paid for your time spent making them. You have no ownership of anything. If you dont own anything, you cant claim royalties to anything. I know this has been said a number of times, but the term for it is "work for hire."

    Unless you're a partner or shareholder, you're 99% likely work for hire. I think it's really great that the remaining IW employees got paid that bonus. When anyone left, they forfeited it, it's a choice you make knowing full well the consequences. Even better if it was a former exec's bonus being redistributed to the lower level guys (you know, the ones that crunched those last straight 6 or so months of production to get the game done on time). They earned it.
  • Nick Carver
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    Nick Carver polycounter lvl 10
    pior wrote: »
    Thats not what I am trying to say. I mean, if its written in a contract that you have to work while sitting on a toilet seat and blowing a horn every 26 minutes.

    You're giving away company secrets! Now everyone will know that this is how Blizzard makes the magic happen!
  • Del
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    Del polycounter lvl 9
    ~ Oh dear... Infinity Ward Lose 7 More Employers. The place is slowly emptying...
  • oXYnary
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    oXYnary polycounter lvl 18
    I finally found the post.
    gamebreaker001 said: As a former recruiter in the video game industry (as well as a tester, localization editor, and an Assistant Producer), I can tell you this: California Labor Code states that if an employee is fired or quits, the employer has 72 hours to pay the employee IN FULL everything that the employee is owed by the employer. That includes cashing out unpaid PTO, commissions, royalties, etc. The only exception to this LAW is for cumulative compensation that cannot be calculated. This would be royalties or commissions for the current month, for instance. So, if somebody was fired on, say March 15th, and royalties are not calculated until the last day of the month, then the royalties for March would have to be paid by the end of August 3rd (72 hours after the end of the royalty period). IW employees, I hope you are reading this. If you don't want to take my word for it, call the CA Lobor Board or look it up online (I encourage you to do so). Here's the best part: for every day that the employer is late in paying due compensation, the employee will be awarded one full days pay in penalties. My advice to the IW PoWs: Do some fact checking on what I have told you here. If you do not want to stay, then leave. If Activision does not pay you within 72 hours, wait as long as you can afford to and then file a grievence with the CA Labor Commission. The reason I say wait is because the day you file, the daily penalties stop accumulating. Do remember this, there is a backlog, so no action will be taken on your case for 4-6 weeks (last that I heard). As a recruiter in the game industry, I always championed my consultants, whether they were testers making $11/hour or server managers making $50/hr. That led to me getting fired by one staffing agency. I'm rooting for everybody that has been wronged by Activision - including some of my friends at IW.
  • Fuse
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    Fuse polycounter lvl 18
    Ahh I see.. Thanks Oxy..

    Again, it's very likely that these are additional bonuses rather than royalties legally. So it's likely that they are not considered under commissions, royalties or time off.

    The term royalties has been used so liberally in the media that people might misunderstand.
  • metalliandy
  • vargatom
    Fuse wrote: »
    Was anyone ever in receivership of a monetary bonus after having left the company in their experience ?

    Yes; a very good friend of mine has kept on receiving bonuses from IO Interactive in Denmark, after the project he's worked on (one of the Hitman games IIRC).

    This is what I would consider the fair approach. It's your work's result, so you deserve to be compensated even if you're not with the company.


    Edit: also, it's not about what's legal and what's in contracts and laws - it's about whether the company wants to be known as a place that values its employees, or not.
    Every single person looking at job offers knows what to expect from Activision now - no matter how hard you work and how big a success you produce, they still consider you dirt and will try to screw you whenever they can.
  • metalliandy
  • Master_v12
  • JacqueChoi
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    JacqueChoi polycounter
    Gawwwd.

    Imagine if they pulled this crap on Blizzard. Just how much money would be sued for.



    100-billion-dollars-276x300.jpg
  • emikochan
    Don't worry, they've left the company but they are still making games, somewhere :)
    Rumours of an mmo-fps abound, and ActiBlizz got scared, told IW to go live with their auntie and uncle at Respawn.

    *cough*
  • Shogun3d
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    Shogun3d polycounter lvl 12
    JacqueChoi wrote: »
    Gawwwd.

    Imagine if they pulled this crap on Blizzard. Just how much money would be sued for.



    100-billion-dollars-276x300.jpg

    Actually you're close!!

    HALF A BILLION DOLLARS

    http://kotaku.com/5525814/modern-warfare-developers-seek-half-a-billion-in-activision-suit-update
  • aesir
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    aesir polycounter lvl 18
  • Shogun3d
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    Shogun3d polycounter lvl 12
    But not out of the question based on calculations.
    $75 million to $500 million in punitive damages
  • oXYnary
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    oXYnary polycounter lvl 18
    Fuse wrote: »
    Ahh I see.. Thanks Oxy..

    Again, it's very likely that these are additional bonuses rather than royalties legally. So it's likely that they are not considered under commissions, royalties or time off.

    The term royalties has been used so liberally in the media that people might misunderstand.


    From Masters G4 link.. right from the horses mouth "Activision retains the discretion to determine the amount and the schedule of bonus payments for MW2 and has acted consistent with its right"

    Well as you can see fuse. It wasn't royalties, it was in fact bonuses. So indeed, that Ca law does seem to apply.

    God speed them to win and to lead us all to fairer contracts. Or at least helping us workers recognize we aren't little peons that are at the mercy of contractual forces beyond our ability to question/fight.
  • crazyfingers
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    crazyfingers polycounter lvl 10
    This thread makes me smile every time i open it up. Hope they stick it good to Activision, and more importantly i hope the money they earn helps Respawn Entertainment make amazing games.
  • DrunkShaman
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    DrunkShaman polycounter lvl 14
    oXYnary wrote: »
    God speed them to win and to lead us all to fairer contracts. Or at least helping us workers recognize we aren't little peons that are at the mercy of contractual forces beyond our ability to question/fight.

    Amen.
  • cochtl
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    cochtl polycounter lvl 18
    This can be really bad for the rest of the industry and how bonuses or royalties are distributed. Like, prolly none of us will get shit in the future because of all of the riff raff and flim flam going on with this series of unfortunate events. Companies will be scurd shitless. God speed to them tho. I mean someone has to finance that FPS-MMO, right?
  • vargatom
    oXYnary wrote: »
    Or at least helping us workers recognize we aren't little peons that are at the mercy of contractual forces beyond our ability to question/fight.

    *Warcraft2 voice* Yesh milowd!
  • Eclipse
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    Eclipse polycounter lvl 18
    cochtl wrote: »
    This can be really bad for the rest of the industry and how bonuses or royalties are distributed. Like, prolly none of us will get shit in the future because of all of the riff raff and flim flam going on with this series of unfortunate events. Companies will be scurd shitless. God speed to them tho. I mean someone has to finance that FPS-MMO, right?

    Normal companies operating properly would have nothing to worry about though. They would pay you on time and what you were owed. So I don't see this effecting legitimate bonus or royalty payments. No one is going to sue if they get what they are owed :).
  • Shogun3d
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    Shogun3d polycounter lvl 12
    cochtl wrote: »
    This can be really good for the rest of the industry and how bonuses or royalties are distributed. Like, maybe we can now earn shit in the future because of all of the riff raff and flim flam going on with this series of fortunate events. Publishers will learn to be fair. God speed to them tho. I mean someone has to finance that FPS-MMO, right?

    fixed :)
  • JordanW
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    JordanW polycounter lvl 19
    cochtl wrote: »
    This can be really bad for the rest of the industry and how bonuses or royalties are distributed. Like, prolly none of us will get shit in the future because of all of the riff raff and flim flam going on with this series of unfortunate events. Companies will be scurd shitless. God speed to them tho. I mean someone has to finance that FPS-MMO, right?

    Yeah because everyone can see how it's working out so well for Actvi right now....
  • PieJesu
    Hmm. Doesn't this increase the likelihood that companies will start to outsource work to places like India and China?

    You know, those workers that get shit for pay and never complain.
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