Allow me to clarify...what I am looking for is less hostile answers for console players. To build some basic understanding from the Moderators and the PC gamers on here. By having a conversation about the contentious so that we may move forward with more shared understanding of events. I plan on doing that by working through ONE thing at a time. A little disappointed that the usual crowd who have not hesitated to tell me what I am wrong about won't even participate in a conversation to clear up the misunderstandings, but, they can choose to or not.
I appreciate the effort you are expending Meganoth.
So I will try again:
If even PC gamers still believe that TFP sold the console rights...even if THAT is just misspeak... it is pervasive...why are so many of the moderators so hostile towards console gamers who also think that?
Because if they sold the rights, nothing else TFP have said matters. They sold the rights and no longer have any say in it. They can say they generically "cared" about the original console version, but, it would be also fair to say they "cared" more about the money to complete the PC version. TFP and yourselves maintain that "they" had nothing to do with telltales version. So are blameless for what followed. As a lay person, I do have a limited understanding of contract law, at best, and the details of what actually happened are hidden. TFP should remove all doubts as to what happened. I doubt they will either. But, I doubt because I believe it shows them in a negative light. Do you guys have any proof that is not a reasonable doubt for me to have?
If it was indeed some kind of a licensing deal as they maintain, then they did indeed royally screw the pooch. they did not protect the console gamers and we have been long overdue some honest communication...it should not have been such a debate about IF legacy would get a discount. (which they have spit on by putting the game on discount already)
I don't see a third option where they did nothing wrong. you guys seem to. I don't know why. can you explain it?
There is a far gap between "They made mistakes **in hindsight** when brokering a deal" and "They are responsible for what happened and need to make retributions". They were not responsible for the bankruptcy and they should not have to pay through their noses for it when they did not cause the bankruptcy. They also (as far as we know) were finanically hurt by the bankruptcy just like console gamers got hurt by a patch not coming that was dearly needed.
If Telltale had lost a lot of money because they ported 7D2D to console then we could maybe argue that TFP was partly responsible for the crash of Telltale, but it seems to have been one of the few games that still made money for Telltale.
Even if we were to agree that TFP, because they made mistakes at that time, should now have some responsibility to the console gamers, they are not suddenly responsible for the whole damages. I don't see why they should practically feel responsible to reimburse 100% of the damages incurred to the console gamers. Certainly the law has no provision like that, neither do I see a moral right that would go further than a deduction, simply because the alternative would in my estimation be almost suicide. In my view the deduction was necessary, but not really as a reparation by a guilty party.
Some thoughts about the financial side of this:
tldr; Giving out the game for free would be a major financial loss for TFP and probably would kill at least their next project or projects with it.
When I do the math then I really don't see how they could afford to give the game for free to everyone who got it already. When I hear about some licence deal the usual percentage the licensee gets is somewhere in the range of 1 and 20% of every sale. Because often distribution already gets about 30% or more of each sale, in this case with the console companies I would expect more as they cross-finance their hardware through their cut, the publisher wants his cut as well for publishing and porting (through Iron Galaxy), there are taxes to deduct, maybe even more costs I didn't think of. Now with the new port to console TFP would need to pay everyone of those mentioned above (the new publisher instead of telltale and Sony or Microsoft) their expected cut from the sale if they wanted to give the game free to previous owners. Neither Sony, Microsoft or the new publisher have any reason at all to give out something for free, they want to earn money, right? So TFP would have to pay out of its own pockets.
So lets say they actually got 25% of each sale of the old version, they invested the money so inflation doesn't matter to our thought experiment, 70% of old owners speak up to get a copy of the new game for free (who wouldn't?). Sonysoft will want their cut, 30%, the publisher wants say 15%, and probably taxes should be on top (?). It comes to say 55%.
25%- 0.7*55% = -38.5% . This would be the total loss per console game Telltale sold.
If there were say 2 million sales of the old game at 40$ each (totally made up numbers) it would have made 2 million *40 *25% = 20 million. To give away the game for free now they would now have to pay 2 million * .7 * 40$ (ignoring inflation) * 55% = 30.8 million. A loss of 10 million, plus whatever they paid for getting their rights back plus the total cost of porting, say at least another 5 million(??).
Additionally those people on console who bought the old game are a large slice of the console gamers who are interested at all in a game like 7D2D, except for younger gamers who are starting the hobby now. So yes, there will be more sales, but that would already be the long tail, and likely only at reduced prices.
Those are just wildly guessed numbers. TFP will have done a similar calculation. It would make no sense to do a console port with these terms and it would normally endanger any developer of such a size as the money from previous games is needed to finance the next games and also keep the company alive when the next game or games fail.
In short: Console gamers would have either gotten a new game at the current terms or no game at all. No matter if you think TFP is responsible for something or not.