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Business model royalty question

Question for Unreal lawyers: Does Epic Games, Inc. consider the following a Product and/or Unrestricted Product under the standard EULA (https://www.unrealengine.com/en-US/eula) ?

  • We would broadcast the rendering of an Unreal engine game that we create, but the game software itself would never be distributed.

  • We would make money from (a) tips that our audience provides us, (b) monthly subscriptions to avoid ads, and (c) ads themselves. Consider for example Twitch as the broadcasting platform.

  • Some of the input from customers (chat messages, the tips themselves, etc.) can affect what is broadcast to the entire audience - i.e. the broadcast is interactive.

If this is considered a Product owing royalty, which of (a), (b), and/or (c) would be subject to the royalty?

Thanks!

Product Version: UE 4.20
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asked Nov 02 '18 at 06:03 PM in Legal & Licensing

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zeehlxdv1
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2 answers: sort voted first

Thanks for the explanation. Based on your description, all of (a), (b), and (c) would be subject to royalty because the Product is interactive and relies on the Licensed Technology to run.

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answered Nov 05 '18 at 10:20 PM

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SonsOfKorhal STAFF
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Hi there. Can you provide more color on how the broadcast is interactive? Is the audience essentially playing the game through the broadcast?

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answered Nov 05 '18 at 02:43 PM

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SonsOfKorhal STAFF
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avatar image zeehlxdv1 Nov 05 '18 at 03:55 PM

The 'game' is more like watching a simulation of a virtual world. The audience does not control characters but their input can affect the world - like drop food into a world and see how the AIs respond to it. Also note that any payment in (a) or (b) would not affect access to the broadcast (everyone can see it); and the entire audience gets the benefit of the payment of (a), not just the party who paid it.

(not sure why this says resolved)

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