In spring 2016 AirConsole wanted to extend the portfolio of its games. We had already launched about 20 titles, but wanted to bring bigger games with more depth to AirConsole. The games we had launched by then, were mostly created by indie studios that didn't have the budget for games with tons of content. We had just closed another financing round and thought it would be great idea to support indie studios so they could create bigger games for AirConsole. That's why we launched a call for project initiative that would subsidise indie studios with up to $20'000 to create games that could be launched on AirConsole. Many great projects like "IRIS", "Racing Wars" and "The Neighbourhood" came from this initiative.
We asked iLogos to create a local multiplayer platformer in which you would battle and rush through levels. The game mechanics of "Fun Run", "Giana Sisters: Dream Runners" and "SpeedRunners" were mentioned in that conversation and we said that we like those. We told them explicitly that we give them full freedom on how they would like to implement the game. Because we only subsidized the game and left full ownership in the intellectual property with iLogos, we agreed to a license for this game for launching on AirConsole. It is also important to mention, that iLogos has total freedom to publish Runomara on other platforms not exclusive to AirConsole. The only game description in the License Agreement was:
1.1 The Purpose of this Agreement is the publishing of a Runner Game (“Game”), a video game, on AirConsole.
The Game will
include 6-8 different themes for levels
include 40 locations
include 3-4 characters, with 2-3 color schemas each (totalling in at least 8 variations).
support 1-8 players
correct the latency from the communication from the smartphone to the screen.
We trusted iLogos would create a great multiplayer Runner Game for launching on AirConsole. We gave iLogos feedback from time to time on how to optimize the game for AirConsole and the game was coming along great.
Copyright laws for "derivative work" in computer games are complicated. There are tons of games that have similar mechanics and looks and feels without infringing copyright laws. When we received finalized graphic assets we stumbled upon “SpeedRunners” again. We did not feel in a position to judge if "Runorama" was "derivative work", so we asked iLogos to check their work with their legal department:
Andrey Godar, the project manager of iLogos, replied on November 4th 2016 that their legal department had confirmed that the game has (i) unique characters, (ii) game settings, (iii) physics and (iv) level design and so the game is not “derivative work”.
This judgement convinced us and we launched Runorama.
To summarize:
The allegations of Tinybuild:
They [AirConsole] claim they don't see resemblance between SpeedRunners and Runorama
We did not claim that there is no resemblance. We said we can not judge if this is derivative work.
iLogos is the developer and they've already talked to them (they didn't), everyone is on the same page that this game is not a clone or rip-off
We did talk to them and their legal department assured us it is not a clone on Nov 4, 2016.
N-Dream is blaming iLogos for everything
We did not blame. We said Tinybuild should talk to iLogos, because iLogos had full freedom.
Meanwhile iLogos say they've been contracted
From the briefing and the legal contract it is without a doubt clear that they are the developer and IP creator of the game
Is N-Dream blaming a contractor they hired, trying to avoid responsibility?
iLogos is not a contractor but a developer with full freedom on implementation. And again, we did not blame anyone here.
Andrin von Rechenberg, Founder of AirConsole
Reference: Original Blog Post from Tinybuild
