KickStarter Hibernaculum - sci-fi survival horror dungeon crawler from Wormwood Studios' Victor Pflug - coming Q4 2025

[Modron]

So much drama about a point-and-click adventure, an obsolete genre that's been dead for 30 years.

I thought you loved drama.

 

[Victor Pflug]

So much drama about a point-and-click adventure, an obsolete genre that's been dead for 30 years.

I thought you loved drama.

Better to be dramatic, than be dead I suppose

 

[Durq]

this isn't the place to be going on about it.

Sure it is. Why do you guys hate entertainment?

 

[Harthwain]

Of course these rights - my rights to Primordia were then written into a legal contract between myself and DG. And we are all very much aware that Dave has denied the IP right he clearly succinctly grants me right here - and later in our contract, signed sealed and delivered so yeah literally can't swing a cat in my emails without hitting their lies.

Actually, he didn't deny you the IP rights:

View attachment 62102

You should pay more attention to what he wrote right after you having the IP rights though: "I'd own the sales and distribution rights for the game". This means he's effectively the publisher and you agreed to that.

And this clicks pretty much with everything else he said about you: "He demanded sole control of Primordia's distribution and revenues". You also tried to make it look like the others weren't the co-creators and the co-owners of the game and as such weren't entitled to royalties, but that isn't decided solely by who has the IP rights either. You have it explained in the very mail you posted.

I am guessing that once you realized what it really meant, you tried to "take back control" - so to speak - by trying to forge a formal excuse that there was a breach of contract (asking for the audit but never giving the name of the Accountant™), but it failed and after selling your car and consulting with your lawyers you ultimately decided you don't stand a chance in the court of law (because, I am assuming, they flat out told you so). This explains the threats of suing, but not real lawsuit after that.

 

[Victor Pflug]

Of course these rights - my rights to Primordia were then written into a legal contract between myself and DG. And we are all very much aware that Dave has denied the IP right he clearly succinctly grants me right here - and later in our contract, signed sealed and delivered so yeah literally can't swing a cat in my emails without hitting their lies.

Actually, he didn't deny you the IP rights:

View attachment 62102

You should pay more attention to what he wrote right after you having the IP rights though: "I'd own the sales and distribution rights for the game". This means he's effectively the publisher and you agreed to that.

And this clicks pretty much with everything else he said about you: "He demanded sole control of Primordia's distribution and revenues". You also tried to make it look like the others weren't the co-creators and the co-owners of the game and as such weren't entitled to royalties, but that isn't decided solely by who has the IP rights either. You have it explained in the very mail you posted.

I am guessing that once you realized what it really meant, you tried to "take back control" - so to speak - by trying to forge a formal excuse that there was a breach of contract (asking for the audit but never giving the name of the Accountant™), but it failed and after selling your car and consulting with your lawyers you ultimately decided you don't stand a chance in the court of law (because, I am assuming, they flat out told you so). This explains the threats of suing, but not real lawsuit after that.

"Actually, he didn't deny you the IP rights:" - how would you even know for sure unless they gave you ALL the information on this matter?

"He demanded sole control of Primordia's distribution and revenues" - the Publishing Contract for Primordia is VERY specific about this;

FYI 3rd party beneficiaries - under NYC contract law; CANNOT SPONTANEOUSLY DEVELOP RIGHTS UNDER A CONTRACT THEY ARE NOT SIGNATORIES TO - NOR ARE THE PRIMARY BENEFICIARY OF - so uh...

None of that.

The above (Publishing Contract for Primordia) is beyond clear as to who owns the rights to the game I started, prototypes, did most of the design on & the day to day hours plus of course finished out and saw to completion every step of the way.

I don't have to "fight" for what I possess under contract.

Additionally - Australian Federal Law dictates the moment I paint something in Australia (Primordia wasn't made in Switzerland, my second home country) I automatically am granted copyright so there is that too.

Nobody, but myself - has ever "owned" a copyright I created - certainly not where those rights are spelled out in contract.

...Or else why bother with ANY contract for ANY game - if you won't uphold ANY of these rights bestowed on me?

 

[Victor Pflug]

...with the assistance of others.

 

[Victor Pflug]

What a complete mess you guys made.

That contract is simple.

Paying me on time and the correct amount - should have been EXCEEDINGLY simple.

We never would have had a problem.

But Dave went and fucked it all up!

 

[Victor Pflug]

Stuff like this Harthwain "seals the deal" as well.

Any right not even mentioned - yeah I got those too.

It's not me being a dick it's just the facts of who created and designed it all - that's why this was all written this way.

SIGH.

 

[Piotrovitz]

 

[Litmanen]

View attachment 62558

Stuff like this Harthwain "seals the deal" as well.

Any right not even mentioned - yeah I got those too.

It's not me being a dick it's just the facts of who created and designed it all - that's why this was all written this way.

SIGH.

Look, Hibernaculum seems really great to me, even though I don’t usually love this type of game. That’s why I’m here and following the thread closely.

But you can’t keep bringing this stuff up all the time. If you’re right (and I’m not interested in deciding that—hopefully, you are, but it doesn’t change anything for me), then take the legal route and settle it once and for all. Honestly, in this thread, I’ve seen far more people wanting to talk about the game rather than these issues, yet the conversation keeps revolving around them because you keep bringing them up.

Let’s talk about the game. It looks really promising. You clearly have interesting ideas, and I hope it succeeds.
But enough with the rest.

 

[Durq]

Why are some of you so insistent that Victor should stop talking about what he wants to talk about?

 

[Beastro]

Why are some of you so insistent that Victor should stop talking about what he wants to talk about?

Because a little bit bit is one thing and there's a point where it's clear the dudes troubled and needs help which he won't be getting here.

 

[TheDarkUrge]

Cool looking game. Have you played Fear & Hunger? Will it be similar to that?

 

[Harthwain]

"Actually, he didn't deny you the IP rights:" - how would you even know for sure unless they gave you ALL the information on this matter?

Because he said so in the email screenshot that you posted? And he didn't deny that in the Twitter post that I linked?

The above (Publishing Contract for Primordia)

Exactly. The PUBLISHING CONTRACT.

FYI 3rd party beneficiaries - under NYC contract law; CANNOT SPONTANEOUSLY DEVELOP RIGHTS UNDER A CONTRACT THEY ARE NOT SIGNATORIES TO - NOR ARE THE PRIMARY BENEFICIARY OF - so uh...

Yeah, uh. Uh-oh, even. There are some names under yours in that agreement. No idea who they are, but if they are the other guys who helped to create the game (and I assume they are, since their names are under yours), then they are not "3rd party beneficiaries" but people who are part of that contract. So there is no "spontaneous development of rights" to speak of here. It even solidifies their position as co-creators of the game. Nice shooting yourself in the foot, man.

The above (Publishing Contract for Primordia) is beyond clear as to who owns the rights to the game I started, prototypes, did most of the design on & the day to day hours plus of course finished out and saw to completion every step of the way.

No. It doesn't say you own "the rights to the game". The specific part you posted says "5.0 INTELLECTUAL PROPERTY", so you own the IP (which nobody seems to really contest, by the way). Like that other guy said in the email, you can make Primorida 2 or create and sell plushies made based on a character and you would own that, but you do not own the Primordia 1 or the revenue from it.

FYI 3rd party beneficiaries - under NYC contract law [...]

Additionally - Australian Federal Law [...]

I am pretty sure than you can't use NYC law in Australia and vice-versa, so I doubt trying to mash two different laws together would have the combined effect you probably think it has.

I don't have to "fight" for what I possess under contract.

Yes. But you also have to understand what you actually do possess under contract.

Nobody, but myself - has ever "owned" a copyright I created - certainly not where those rights are spelled out in contract.

Yes. The ironic part here is that nobody contest the part that you own. What people contest is you trying to get the rights for distribution and sales, as well as the recognition and pay of the other people from the game they helped to make, which isn't covered under the IP rights.

That contract is simple.

Still too hard for some, apparently.

Why are some of you so insistent that Victor should stop talking about what he wants to talk about?

He is free to talk about whatever he wants. I wish he'd talk about Hibernaculum here, but he already said he will talk about anything but that in this thread, which means he'll shit this thread up with irrelevant stuff anyway.

 

[Grauken]

Why are some of you so insistent that Victor should stop talking about what he wants to talk about?

Most people would prefer a game dev would talk about his game in his game thread instead of whatever crusade he's on

 

[Darth Canoli]

Why are some of you so insistent that Victor should stop talking about what he wants to talk about?

Most people would prefer a game dev would talk about his game in his game thread instead of whatever crusade he's on

We don't mind if he wants to rant but he should at least be funny and copiously insulting to entertain us.

 

[Hydro]

You'll never win

C'mon he already k.o.'ed Hydro

Spoiler

I wish the guy all the best and admire his art. I just wanted him to stop acting like a retard

 

[Infinitron]

Just ironing out some glitches with our Coder - I'm supposed to be on break though so - I better run and uh... Have a break, lol.

Have a great weekend everyone

 

[Infinitron]

(April Fools! - Just testing for glitches)

Just doing some graphics test run - uh - plus some combat. I just felt like sharing some of the more enjoyable moments with you all once more, essentially!

 

[Infinitron]

Listening to Boards of Canada while I run through some more gameplay & new engine functionality (including our new automatic bulkhead doors) in the nuclear reactor, mutant infested test-bed in our (Studio LaBleue's) upcoming flagship RPG title - Hibernaculum!

Havn't had time to make any new music for the game seeing as we've just been too busy in level design and testing etc so it's nice to chill with some tunes from a music group that have inspired my own work to a very great extent, for many year so yeah - check out Bord of Canada and... Check out our games maybe, too!

 

[Sweeper]

Why was buttpflug unbanned again?

 

[Victor Pflug]

New video up.

 

[Victor Pflug]

Why are some of you so insistent that Victor should stop talking about what he wants to talk about?

Most people would prefer a game dev would talk about his game in his game thread instead of whatever crusade he's on

Doneso.

 

[Victor Pflug]

Another forgotten bot. :D

 

[Victor Pflug]

This design is from long before MRY got his greasy "proxy" Michael involved with Hiber - from the mid 2010's prototype I made with my brother.