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AGD Interactive LLC?

Posted: Wed Jul 02, 2008 8:49 pm
by AusME
I just read on Wikipedia that AGD Interactive is a non profit organization. If this is true, what status does AGDI hold? Also, are donations to AGDI for no specific reason permissible? Yes, I am considering it.

Posted: Wed Jul 02, 2008 9:07 pm
by Erpy
We incorporated for legal reasons...in case we'd ever have to take a lawsuit off VU's hands for some reason, the lawyers can only go after the assets of the corporation and not after individual members.

Yes, we're a non-profit organisation, but we're not allowed to make money off our games, so I'm afraid donations are out of the question.

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Posted: Wed Jul 02, 2008 9:17 pm
by AusME
I do not wish to donate money for the games. I wish to donate to ADGI because they promote adventure games and try to educate the general public in the fun that adventure games can offer. ADGI does this frequently by simply existing. If I can donate for this reason, please let me know.

Posted: Wed Jul 02, 2008 9:21 pm
by Erpy
I'm sorry, but I'm afraid the line we'd walk would simply be too fine to risk.

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Posted: Wed Jul 02, 2008 11:49 pm
by RC-Cola
A popular means of supporting the team through money is buying a copy (or two!) of Al Emmo.  Plus you'll get a "free" adventure game out of it!

Posted: Thu Jul 03, 2008 9:17 am
by Quest For Glory Fan
RC-Cola wrote:A popular means of supporting the team through money is buying a copy (or two!) of Al Emmo.  Plus you'll get a "free" adventure game out of it!
an Excellent idea, if you truly wish to help the genre and these fine creators you can find everything you need to do so here I haven't finished the game but from what I've played it's both witty and impressive.

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Posted: Mon Jul 14, 2008 6:37 pm
by Sandsai
Erpy wrote:We incorporated for legal reasons...in case we'd ever have to take a lawsuit off VU's hands for some reason, the lawyers can only go after the assets of the corporation and not after individual members.

Yes, we're a non-profit organisation, but we're not allowed to make money off our games, so I'm afraid donations are out of the question.

Image
Thats not entirely accurate. The corporate veil could be pierced for any number of reasons. For example, failure to adequately fund a firm, failure to observe corporate formalities, and failure to keep separate personal and corporate accounts, in other words commingling of personal and corporate funds are generally sufficient reasons for discarding the corporate personal liability shield. This allows the plaintiff to hold the shareholders (or in the case of an LLC, members) personally liable. In similar light, directors and executives could be held personally liable. I would be surprised if at least some of the lead developers do not serve in that capacity.

In so far as the non-profit status is concerned, I would venture to say that donations would be permissible to an extent that these donations either cover expenses or in some other way serve as capital for the organization's business and solely for that purpose, i.e. no dividends or any other scheme where the money trickles back to the shareholders. In fact I would think that most of the volunteer guys could actually be compensated in this fashion and the organization would still be non-profit. Put differently, non-profit does not always mean no money making or a pure volunteer core, it just means no profit for the shareholder/member. But this is all purely hypothetical because I have not read the agreement that AGD has with Vivendi; maybe the agreement prohibits any exchange of money even those that only cover expenses.

Re: AGD Interactive LLC?

Posted: Mon Jul 14, 2008 7:06 pm
by Gronagor
Hey... everybody thought the same thing, but in the end the problem is that most of the people working on these projects can't afford to get into any legal confrontation. Big companies know this, so they can do and say and warn as much as they want...

In other words... if AGDI gets a $100 donation, there is always the chance they'll have to pull out a few k's to pay a lawyer and other legal fees to defend their case. Would that be worth it? Why take chances then?

And considering the fact that AGDI crossed the line by working on a copyrighted and licensed game, they don't really have much to stand on.

Re: AGD Interactive LLC?

Posted: Mon Jul 14, 2008 7:18 pm
by Sandsai
Gronagor wrote: And considering the fact that AGDI crossed the line by working on a copyrighted and licensed game, they don't really have much to stand on.
Thats pretty much why Vivendi can dictate the terms. Because without their express permission, this game is an illegal derivative. So like I said, maybe the agreement prohibits a monetary exchange of any kind.

Re: AGD Interactive LLC?

Posted: Mon Jul 14, 2008 8:29 pm
by Gronagor
Yeah... and if not... still risky to take the chance.

Re: AGD Interactive LLC?

Posted: Sat Aug 02, 2008 4:32 am
by kosch
Wow this business talk always makes my head spin. Anyways if fans want to help, why not come together and buy as much time for a server as possible and then kindly donate it? :/ If you think about how many people are on this forum its really not that much per person. :) is this still out of the question?

Re: AGD Interactive LLC?

Posted: Sat Aug 02, 2008 7:28 am
by Anonymous Game Creator 2
We should be pretty good on server space now. Got quite a few offers.

Re: AGD Interactive LLC?

Posted: Sat Aug 02, 2008 4:26 pm
by kosch
Sweet. Congrats!