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TIGSource ForumsDeveloperBusinessMochiAds Terms of Service
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Farbs
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« on: October 05, 2008, 07:06:00 PM »

Has anyone read these?

I'm specifically concerned by section 5.3 (d), which reads:
Quote
By submitting User Submissions to Mochi Media, or displaying, publishing, or otherwise posting any content on or through the Service, you hereby do and shall grant Mochi Media an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Service and Mochi Media's (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

I appreciate MochiAds' efforts to bring this to peoples' attention by adding it in bold. Still, I'm surprised that anyone would ever agree to it. WTF?
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december
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« Reply #1 on: October 05, 2008, 07:58:37 PM »

wait, transferable?
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Farbs
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« Reply #2 on: October 05, 2008, 08:10:49 PM »

Yeah. From my reading of this, if Line Rider was released on their service, MochiAds could sell the rights to make a commercial version.
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Cagey
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« Reply #3 on: October 06, 2008, 01:59:28 AM »

Woah. That kinda sucks massive hairy old-man balls. Mochimedia seem to be pretty decent, and nothing evil has come from them yet but that's scary potential right there. I think i'll avoid MochiAds - that is if i ever finally make a decent game.
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isaac
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« Reply #4 on: October 06, 2008, 03:42:15 AM »

Hmmm... these things always seem insane when put into legal speak, but in this thread: https://www.mochiads.com/community/forum/topic/t45ol_com-submission-clauses___, they say that the clause is there to allow for their version control & encryption features.

Of course, lawyers then get involved to put it into language that makes it look stupid and evil.

I'm pretty sure that the people at Mochi are smart enough to know that as soon as they take advantage of that clause in an unethical manner, no-one will ever use their service again, and they will lose their business.
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Farbs
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« Reply #5 on: October 06, 2008, 03:52:53 AM »

I'm pretty sure that the people at Mochi are smart enough to know that as soon as they take advantage of that clause in an unethical manner, no-one will ever use their service again, and they will lose their business.

I agree entirely. I don't however trust that they'll always be owned by the same kind hearted folk. I don't want to build up a brand, then see it disappear when a big media company purchases MochiAds.

Dammit.
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isaac
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« Reply #6 on: October 06, 2008, 04:16:16 AM »

I agree entirely. I don't however trust that they'll always be owned by the same kind hearted folk. I don't want to build up a brand, then see it disappear when a big media company purchases MochiAds.

True, and I'm not saying don't be wary.

The only situation where you would need to worry though is if Mochiad's viability as a business really goes down the toilet, to a point where they (or their EVIL corporate overlords) can't make money selling ads anymore. Otherwise, it just doesn't make sense money-wise. Selling a few games just doesn't stand up to the revenue an ongoing advertising business can pull in.

Even then, I doubt such a claim would hold up in court. Boilerplate EULAs are not bulletproof, moreso when applying them to situations outside their original intent.

(I do admit that I am bullshitting. Take all this with a grain of salt.)
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Craig Stern
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« Reply #7 on: October 06, 2008, 07:45:34 AM »

I'm pretty sure that the people at Mochi are smart enough to know that as soon as they take advantage of that clause in an unethical manner, no-one will ever use their service again, and they will lose their business.

I agree entirely. I don't however trust that they'll always be owned by the same kind hearted folk.

Of course. If they get bought out a by a larger company, who is to say that they won't simply kill the service and cannibalize it for intellectual property? To a large company, the IP might be worth more than the ad revenue.
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ang3099
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« Reply #8 on: November 05, 2008, 12:34:38 PM »

Yeah, this is fun. Trust me working ont he video side of the business. They are placeing that term out there and when it is profitable for them to use that clause , they will.
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Skofo
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« Reply #9 on: November 05, 2008, 05:21:04 PM »

Yeah, this is fun. Trust me working ont he video side of the business. They are placeing that term out there and when it is profitable for them to use that clause , they will.
That is, if it's ever profitable for them. But I agree that this is some bullshit.

Do NG Ads have anything similar to this?
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Zaratustra
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« Reply #10 on: December 17, 2008, 08:58:25 AM »

My experience with MochiAds is this.

It's not that MochiAds doesn't generate enough revenue for the time you spent making the game.

MochiAds doesn't generate enough revenue for the time you spent filling the submission form.
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