BG:EE tinfoil hat thread, what happened?

[EmperorZoltan]

So as the readers here are likely aware, Baldur?s Gate: Enhanced Edition has been pulled from digital sale on the apple store and beamdog site. If this is news to you, the following link can catch you up. http://www.escapistmagazine.com/forums/read/7.820017-Atari-Behind-Baldurs-Gate-Legal-Issues

The big question mark over this entire debacle is why the steam version, which is published by Atari, is still on sale.

So put on those tinfoil hats people! I want to know your thoughts on what when down!

After a few hours of amateur internet sleuthing, I?ve pulled links to the following articles that may shed some light on what I believe to be the root cause of the issue:

1) Hasbro sues Atari in an attempt to get DnD licence back: http://www.kotaku.com.au/2009/12/hasbro-sues-atari-over-dd-license-atari-responds/
2) Hasbro successfully gets DnD back from Atari, settling out of court: http://www.gamebanshee.com/news/104292-atari-loses-dungeons-a-dragons-license-neverwinter-delayed.html
3) BG:EE announced (15/3/2012), in partnership between Atari, WotC and Overhaul (beamdog) games: http://www.gamebanshee.com/news/107296-baldurs-gate-enhanced-edition-announced.html
4) Tweet from Trent Oster confirming that contract negotiations were difficult due to EA / Bioware retaining ownership: https://twitter.com/TrentOster/status/189709062127091712
5) Atari US files for chaper 11 bankruptcy : http://www.bloomberg.com/news/2013-01-21/atari-u-s-operations-file-for-chapter-11-bankruptcy.html
6) beamdog removes BGEE from sale on app store and beamdog site at Atari?s ?request?. Atari published steam version of BGEE continues to be sold: http://toucharcade.com/2013/06/27/atari-requested-baldurs-gate-removal-from-the-app-store/
7) Basic Wikipedia summary of US Chapter 11 bankruptcy law: http://en.wikipedia.org/wiki/Chapter_11,_Title_11,_United_States_Code


My thinking of what went down is that Overhaul initially negotiated for exclusive digital publishing of the game, which it was granted in return for a revenue sharing contract between beamdog, Atari, EA / bioware and WotC.

However in Jan 2013, Atari filed for chapter 11 bankruptcy, whereupon it became a legal requirement for a debtor appointed by the courts to initiate legal action, including but not limited to the following two pertinent features of chapter 11 law:

1) Once chapter 11 is filed, and a debtor appointed, the court may also permit the debtor in possession to reject and cancel contracts.
2) Debtors are also protected from other litigation against the business through the imposition of an automatic stay. While the automatic stay is in place, most litigation against the debtor is stayed, or put on hold, until it can be resolved in bankruptcy court, or resumed in its original venue.

It?s entirely probable that I?m misinterpreting the laws here, but if I?m correct this means that Atari has legal basis for cancelling the initial contract, and publishing the game on steam. They may not even control the rights to sell the game, however under chapter 11 law they are immune from litigation from associated parties due to the automatic stay.

 

[The Madman]

No clue but it's pretty messed up whatever the case. Sadly this is also the reason a lot of older games don't tend to get re-releases as it's entirely possible they might get trapped in legal limbo as people who've never even heard of the games use the properties as bargaining chips in bigger pursuits.

Still haven't bought BG's Enhanced Edition but I do wish Beamdog well, anyone dedicated to bringing back the classics is alright by me.

 

[EmperorZoltan]

There's a book to be written about this case study, will be really interesting to know all the facts once everything is said and done.

I sympathise with Beamdog, I really do. The new content they added, whilst not stellar, shows they love the source material. And regardless of the reception of BGEE by the fan community, noone can argue that these guys didn't work hard, and all that hard work is currently not earning them a cent. It frustrates me to no end that a developer like beamdog is bogged down in legal quagmire like this, and bodes VERY badly for the remake business model in general. Even if BGEE isn't your cup of tea, this entire situation will likely become a severe deterrent to other individuals and companies attempting to do the same thing with other classic games.

At the risk of losing my sense of impartiality, every second beamdog is stuck is another second that sales are lost and instead go to Atari. And every cent that goes to atari is down the drain, and will not contribute to a BG2EE or possibly BG3.

 

[ThriKreen]

Yeah, it's probably a similar reason for why the Freespace IP was in limbo for such a long time, between Interplay having one set of IP rights and Volition/THQ having another set of its IP rights.

But that has changed recently with Interplay buying it back or something from the THQ liquidation. We'll see if we can see a Freespace 3 out any time.

 

[EmperorZoltan]

No clue but it's pretty messed up whatever the case. Sadly this is also the reason a lot of older games don't tend to get re-releases as it's entirely possible they might get trapped in legal limbo as people who've never even heard of the games use the properties as bargaining chips in bigger pursuits.

Still haven't bought BG's Enhanced Edition but I do wish Beamdog well, anyone dedicated to bringing back the classics is alright by me.

I honestly don't know if I should recommend you purchase the Steam version from atari, or alternatively recommend you wait until (hopefully) the game goes back up onsale from the beamdog store.

Have you played BG1 recently? And more importantly have you played it patched with tutu? You're actually getting a sidegrade by purchasing BGEE if you've played it with tutu before, in my opinion the list of pros and cons end up pretty much even when deciding which version to play.

 

[The Madman]

I honestly don't know if I should recommend you purchase the Steam version from atari, or alternatively recommend you wait until (hopefully) the game goes back up onsale from the beamdog store.

Have you played BG1 recently? And more importantly have you played it patched with tutu? You're actually getting a sidegrade by purchasing BGEE if you've played it with tutu before, in my opinion the list of pros and cons end up pretty much even when deciding which version to play.

I'd be willing to bet a decent amount of money I've played BG1 and 2 both more than you have, and indeed probably the vast majority of The Escapist forums. I love that series and BG2 is probably my all time favourite game out there.

Honestly I'm just waiting for the BG1 NPC project to be ported over before I buy the Enhanced Edition. One of the disadvantages of having played the game so often is that the vanilla experience even with EE's new characters and quests doesn't seem all that endearing an option. I'd miss scenes like the little birthday exchange with Imoen far too much.

 

[EmperorZoltan]

I've only played BG1 thorough twice when it originally came out, once with tutu a couple of years back, and twice now with BGEE. I couldn't count the number of times I've finished BG2 however, we're in agreement on it being an all time favorite. I've never used the BG1 NPC project mod but it looks very interesting, especially since the biggest improvement that BG2 made over the original was the inclusion of npc character interaction.

BGEE does include 3 new NPC characters whom have some storyline questing but are still pretty limited as far as the BG2 standard of party interaction is concerned.

I'd be willing to bet a decent amount of money I've played BG1 and 2 both more than you have, and indeed probably the vast majority of The Escapist forums. I love that series and BG2 is probably my all time favourite game out there.

If that's true then what's the best level to dual a kensai to a mage?

 

[The Madman]

I've only played BG1 thorough twice when it originally came out, once with tutu a couple of years back, and twice now with BGEE. I couldn't count the number of times I've finished BG2 however, we're in agreement on it being an all time favorite. I've never used the BG1 NPC project mod but it looks very interesting, especially since the biggest improvement that BG2 made over the original was the inclusion of npc character interaction.

BGEE does include 3 new NPC characters whom have some storyline questing but are still pretty limited as far as the BG2 standard of party interaction is concerned.

If that's true then what's the best level to dual a kensai to a mage?

BG1 NPC Project is fantastic, it's such a good mod I consider it a must play with the original Baldur's Gate now. The writing is top notch and everything is consistent with the original intent of the characters. Making Imoen a more useful and fun companion and the interaction between the NPC much more regular and entertaining. It essentially delivers near BG2 quality level dialogue into the first game, I don't think I could play BG without it anymore.

As for the kensai/mage combo I've never used it although I certainly know of it, but I'm the sort that rather than trying to break a game likes to instead seek a challenge such as playing a bard character or some obscure multiclass or maybe an all female adventuring group with Shar Teel.