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Ed Carter
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Cambridge Games Factory sends cease and desist to IELLO regarding upcoming release of unlicensed version of Glory To Rome
GROTON, MA - July 25th, 2011


As Co-Designer of Glory To Rome it is with deep regret that I have requested that Cambridge Games Factory as our lawfully appointed international licensing agent act vigorously on behalf of Carl Chudyk and myself to defend our shared ownership and income from this game including the theoretically "new" game by Carl Chudyk called [thing=73421]Uchronia[/thing].

This decision is not one that I take lightly, but it has been impressed upon me that my loyalty to Carl Chudyk as a friend and former business partner is superseded by my duty to support the current, legally licensed publishers of Glory To Rome from around the world.

LEGALLY LICENSED PUBLISHERS

To avoid any confusion I’d like to make it absolutely clear that as of today, July 25th, 2011 the only legally licensed publishers of Glory To Rome or any derivative game are as follows:

ENGLISH - Cambridge Games Factory
FRENCH - Filosofia Editions
GERMAN - Lookout Games
POLISH - Boat City
SPANISH - Homo Ludicus
CHINESE (TRADITIONAL) - Swan Panasia
HUNGARIAN - Gamer Café
ITALIAN - DXP S.N.C.

Each of these companies has worldwide publishing rights for their respective language. To my certain knowledge, no other companies currently hold legal licenses to produce Glory To Rome (with or without dinosaurs!).

OWNERSHIP AND MANAGEMENT OF GLORY TO ROME

For a couple of years (October 2004 to June 2007) Carl Chudyk and I worked closely together on both launching Cambridge Games Factory and designing and publishing our first four games including Glory To Rome. The simple facts of this situation are as follows:

1) I (Ed Carter) am a full co-designer of Glory To Rome. Like Cambridge Games Factory itself, Glory to Rome was a joint project between myself and Carl Chudyk, with help from Erek Slater, up until our initial launch in September 2005.

2) Marketing Glory To Rome I.V as "by Carl Chudyk" was a business decision. I made this decision precisely to promote Carl as an up and coming designer - discovering and developing new designers is core to CGF’s philosophy. Cover credit for the first edition is shared between myself, Carl and Erek.

3) Carl and I have clear ownership and management rules for our shared games set out in a document that Carl and I both freely signed in April 2006 entitled “"Ed and Carl’s Particularly Cool Asset Management Agreement."

4) Publishing Glory To Rome requires my permission. Not because of some clever business deal, but simply because I co-designed the game. Carl may have somehow either forgotten or simply regret that he chose to design the game with me, but that does not change the reality of what happened.

5) Publishing Glory To Rome no longer requires Carl’s permission. In June 2007 Carl decided to send me this email, permanently abandoning all publishing and creative control of our shared games and formally ceding these to me under the terms of our agreement.

June 2007, Carl Chudyk wrote:
Hi Ed,

Per Paragraph 9 of Ed & Carl's Particularly Cool Shared Asset Management Agreement, I no longer wish to actively participate in the management of the Games. I'll make a written request to this effect this weekend. I'm not willing to appear publicly with you.

Just leave me alone.

-Carl

6) I have not seen Carl since May 2007 - over four years ago. Long after Carl had given up on Glory To Rome I continued to attend local conventions, assemble game sets late into the night, ship orders and publicize Glory To Rome on BoardGameGeek.

7) Carl Chudyk receives his fair share of royalties for Glory To Rome (50%). He is not and has never been the sole designer for Glory To Rome.

Glory To Rome is a great game, and Carl Chudyk is a superb designer, but the main reason why anyone has heard of Glory To Rome is that while Carl was losing interest in games design less than a year after our first games was published I invested 5 years of my life and over $50,000 of my own money keeping the game and business alive.

PROBLEMS WITH "UCHRONIA"

On March 30th, 2010 Carl sent me the following assurance, cc:ed to Cedric Barbe of IELLO:

March 2010, Carl Chudyk wrote:
"IELLO is working to make sure the new game is different enough from GtR in the manners you are describing so as not to infringe on the previous work."

Regrettably, having now read the Uchronia rules it appears that Carl and IELLO have failed to live up to this promise. Furthermore, IELLO have been actively promoting the game as a "definitive" version of Glory To Rome with only a few "technical" changes.

Indeed, it is a measure of the disrespect inherent in the "new" game that one of its principle rules changes (using 2 cards for Petition instead of 3) is part of the MIT secret house-rules which were developed by Rob Seater (CGF Game Development Director) and publicized on BoardGameGeek since November 2007. This ruleset was playtested and released entirely independently of Carl, almost 6 months AFTER Carl Chudyk formally and permanently abandoned the game.
We really didn’t ask that much. I was actually looking forward to playing a new interpretation of Carl’s original concept, with different roles, setting, new mechanics. I was intrigued to see what "Be" (Carl’s original concept) would have looked like without my work to integrate the roles and tune game play into the Roman theme.

[thing=73421]This[/thing] is not that game.

CGF actively avoids conflicts with designers if at all possible because we aim to be the "New Designer Friendly" publisher. However we have no such concern about protecting our designer’s and partner’s rights when necessary. In April 2010, I offered IELLO the opportunity to secure French language publishing rights for Glory To Rome - they turned that opportunity down.

Now, as the official French Glory To Rome by Filosofia is hitting stores, IELLO have suddenly announced that Uchronia is the "definitive" version of the game Carl and I designed together five years ago.

IN SUMMARY

“Uchronia" appears to be an unofficial and unlicensed version of Glory To Rome - if this is the case then is a clear infringement of both my shared intellectual property with Carl Chudyk and the worldwide English / French language publishing rights that we have legally assigned to Cambridge Games Factory and Filosofia, respectively.

Given these circumstances, CGF has instructed its Company Secretary and attorney Christopher Rao to take appropriate legal actions to protect the rights of both CGF and its partners around the world.

Actions have consequences.

Sincerely,

Ed Carter
Managing Director
Cambridge Games Factory

Contact Info: Christopher Rao, Rao & Pierce PLLC - topher@raoandpierce.com

P.S. There is, of course, a longer explanation for this announcement. You’ll find it HERE

Edit: Fixed and emphasized link to CGF / GTR - October 2004 to June 2007 article
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I don't know why you'd air this in public.

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Does this mean we'll soon see "Carl Chudyk's Totally Rethemed Card Game"?
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HarlemMimeSchool wrote:
I don't know why you'd air this in public.


There's more info here, but the simple answer is as follows:

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

As context, IELLO has suggested on the French board game site, TricTrac that CGF may not have the right to assign international licenses for Glory To Rome:
Patrice from IELLO wrote:

"Est-ce que CGF dispose toujours des droits à exploiter GTR ? Ca c'est une bonne question !"

http://www.trictrac.net/jeux/forum/viewtopic.php?p=1409019
The reason why I and Cambridge Games Factory have been provoked into such a vehement and public response to Uchronia is precisely because our business partners were confronted with public rumors like this one, and requested that we take action to defend their reputations, as well as ours.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>


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Did you see the furore around the various Wallace lawsuits? I think that trying to head off the rabid speculation and anger that various fans might show is an approach that might help. At least there are specific points they would have to dispute.

The "definitive" edition marketing seems entirely uncool. Was there any of it on the geek?

B>
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Ed, did the rules for [thing=73421][/thing] change since you wrote these about a year ago:

cambridgegames wrote:
I'm not sure why you folks think that Carl / IELLO would be either foolish or dishonest enough to attempt the kind of straight retheme you seem to be hoping for but from the write up and the card images posted so far I am very comfortable that the two games are significantly different just as Carl promised.

In particular, the Bridge power is completely different, and suggests the new Legionary may work in a different way. The "Place Du Marche" power is the old Scriptorium, but has only got 2 coins on it (not 3) which also speaks to a lot of rebalancing of the game.

Also the write up indicates the cards are dual powered, while only one is shown. That may well mean that they're double sided which - in turn - would suggest that they are distributed in a different way from a straight draw.

Carl and I spent three years working together to design the first and second editions of Glory to Rome and so we both know first hand how small changes in card powers can have huge impacts on the character of the game; I have every confidence that Uchronia is a superb game and I'm really looking forward to playing it when it comes out - but it's not Glory To Rome.

Cheers,

Ed Carter

and this:

cambridgegames wrote:
Guys,

Carl has personally assured me that while it shares some of the same mechanics as Glory to Rome Uchronia is a significantly different game from the one that he and I spent three years designing and play-testing together.

Think Hunters and Gatherers versus Carcassonne.

Cheers,

Ed Carter

Also, found this:

tublefou wrote:
Here is a summary of differences with Glory to Rome using Glory to Rome terminology :

- No Jacks
- Each player plays alone on its turn. Said otherwise, your clientele and buildings are not activated in any way when it's not your turn.
- Card(s) you play to lead a role are not sent to the Pool straight away. They are kept on your board (a specific place called Action Zone in Uchronia) until the beginning of your next turn and enter the Pool at this time only.
- When you think, you can activate your clientele for a given role if another player has played a card of this role to lead during his turn. Said otherwise, if a player has a card of a given role on its board (again Action Zone in Uchronia), it allows all players to activate their whole clientele for this role while thinking if they have at least a Client matching the role. Action takes place before drawing.
- Cards in Vault are face-up.
- Instead of being checked at the end of the game for all types of materials, majorities in Vault are checked each time a player completes a building for the type of material matching the one of the building. If any single player has the majority, he draws a card and adds it to its Stockpile.
- A player that thinks on his turn is immune to Legionary until its next turn.
- Legionary attacks all player by default.
- Foundations are still required for buildings. However, the foundation has to be a card in the Pool matching the type of the building you wish to start (ie. same color). Foundation cards don't exist anymore.
- Evolving buildings. Awards neither victory points nor influence, never completes, materials of any type can be added, activates as soon as it has one material.
- Two possible end game conditions : draw pile exhausted - player with most VP wins - or anyone with 7+ buildings (completed or not) have more VP than all other players - instant win for this player.

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cambridgegames wrote:
HarlemMimeSchool wrote:
I don't know why you'd air this in public.


There's more info here, but the simple answer is as follows:

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

As context, IELLO has suggested on the French board game site, TricTrac that CGF may not have the right to assign international licenses for Glory To Rome:
Patrice from IELLO wrote:

"Est-ce que CGF dispose toujours des droits à exploiter GTR ? Ca c'est une bonne question !"

http://www.trictrac.net/jeux/forum/viewtopic.php?p=1409019
The reason why I and Cambridge Games Factory have been provoked into such a vehement and public response to Uchronia is precisely because our business partners were confronted with public rumors like this one, and requested that we take action to defend their reputations, as well as ours.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>


But why not just write the affected parties directly? We don't need reassured, if reassurance is your purpose. A simple statement that your partners do indeed hold the licenses for production and distribution of GtR would have been sufficient to that end.
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kneumann wrote:
Ed, did the rules for [thing=73421][/thing] change since you wrote these about a year ago:

There are definitely technical differences in the Uchronia mechanics (which I'm happy about). The top issues we have are:

1) IELLO is marketing Uchronia as a Glory To Rome variant (in fact the "definitive" version of Glory To Rome) rather than a new game

2) So far every building name (and many of the powers) that I've seen are directly copied from Glory To Rome

3) Despite a few dinosaurs, the theme is recognizably Ancient Rome (e.g., Circus Maximus).

Basically, as co-designer of Glory To Rome I gave Carl permission to design and market a new game with some shared elements - not to copy my work entirely and publish it as a "new" game.

Because some of the mechanics are different, I really think that Carl tried to do that, but unfortunately IELLO seems to be more interested in taking advantage of the Glory To Rome franchise than supporting a truly new game from Carl Chudyk.

Cheers,

Ed
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cambridgegames wrote:
.

Basically, as co-designer of Glory To Rome I gave Carl permission to design and market a new game with some shared elements - not to copy my work entirely and publish it as a "new" game.

I have since seen the artwork from Uchronia and have to say I'd be peeved if I'd spent half as much time as you have on GtR.

Trouble is, you can't copyright game mechanics and your IP is not specific enough; it's basically just 'Ancient Rome'.

The posts you've written do show more measured language than I would have used, but at the end of the day I'm getting an impression of overkill because you suspect your cease and desist is going nowhere.

I don't know what to say other than "assholes abound", but you do yourself no credit by re-quoting email correspondence that was sent in confidence.
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HarlemMimeSchool wrote:
I don't know what to say other than "assholes abound", but you do yourself no credit by re-quoting email correspondence that was sent in confidence.
I obviously don't want to go into detail about matters that may soon end up in litigation. However, it's important to note that there have already been many public comments which target not only the reputation of CGF but also that of our partners around the world - some of them contradicting private email assurances.
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HarlemMimeSchool wrote:
Trouble is, you can't copyright game mechanics and your IP is not specific enough; it's basically just 'Ancient Rome'.
Copyright law is probably not applicable, but trademark law could well be, depending on how much the name "Glory to Rome" is used to promote the new game. At one extreme, you can't simply publish a game called "Glory to Rome 2.0".

And then there's contract law. While you and me can publish a Glory to Rome retheme, as long as we don't use any of the copyrighted elements, it's quite possible that Carl Chudyk cannot.

But we (the public) simply don't know enough to judge who is right. I'd leave that to the lawyers.
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HarlemMimeSchool wrote:
[q="cambridgegames"]Trouble is, you can't copyright game mechanics and your IP is not specific enough; it's basically just 'Ancient Rome'.

I never had a problem with Uchonia being a new game sharing mechanics with Glory To Rome, but that's not the same as allowing IELLO to copy most / all of the building names and then market their "new" game as a "definitive" edition of the game Carl and I developed together.

Specifically, my IP (shared with Carl) is Glory To Rome - IELLO have made public statements that they have the right to publish Glory To Rome in French, which is both untrue and undermines the real French language publisher (Filosofia).

I completely agree this issue would have been better solved in private - I really thought we did in April 2010 - but IELLO failed to meet their commitment to Carl that Uchronia would not infringe on Glory To Rome, and so the situation is requiring more clear and definitive action on our part.

Cheers,

Ed

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Perhaps rather than responding with the threat of litigation, you might win over some customers by re-releasing GtR with the same high-quality artwork as some of the international versions?

Also, what exactly have your licensees licensed that is now causing them to make a fuss? They haven't used the game artwork, the name of the game and the rules text is completely changed by virtue of translation and reformatting, so they haven't paid for copyright, and as far as I know none of your game mechanics are patented, so they haven't paid to license those either?
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cambridgegames wrote:
HarlemMimeSchool wrote:
[q="cambridgegames"]Trouble is, you can't copyright game mechanics and your IP is not specific enough; it's basically just 'Ancient Rome'.

I never had a problem with Uchonia being a new game sharing mechanics with Glory To Rome, but that's not the same as allowing IELLO to copy most / all of the building names and then market their "new" game as a "definitive" edition of the game Carl and I developed together.

Specifically, my IP (shared with Carl) is Glory To Rome - IELLO have made public statements that they have the right to publish Glory To Rome in French, which is both untrue and undermines the real French language publisher (Filosofia).

I completely agree this issue would have been better solved in private - I really thought we did in April 2010 - but IELLO failed to meet their commitment to Carl that Uchronia would not infringe on Glory To Rome, and so the situation is requiring more clear and definitive action on our part.

Cheers,

Ed


Either that or you were really pissed that Carl went ahead and tweaked the game with another publisher. I do have to say that it is quite strategic that you waited to do this when IELLO went to press with the game. It seems like there is a lot of bad blood between you and Carl and perhaps this really is not a way to protect your investors and more like a personal friendship gone bad. I also feel this conversation should of happened in private rather than here on BGG.
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cambridgegames wrote:
I never had a problem with Uchonia being a new game sharing mechanics with Glory To Rome, but that's not the same as allowing IELLO to copy most / all of the building names and then market their "new" game as a "definitive" edition of the game Carl and I developed together.

So if they stopped using references to Glory to Rome in marketing and changed the name of the buildings you would otherwise be ok with them publishing the game as is?
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cambridgegames wrote:


2) Marketing Glory To Rome I.V as "by Carl Chudyk" was a business decision. I made this decision precisely to promote Carl as an up and coming designer - discovering and developing new designers is core to CGF’s philosophy. Cover credit for the first edition is shared between myself, Carl and Erek.


I would have to say this is a bunch of hogwash. So you are telling the world that out of the kindness of your heart (and I have met you and I can say that you are all business) you gave Carl the by-line on the game on the I.V edition for a purely business reason. It's not like Carl is a household name that will generate sales. What other games have you gone on to create? Let's face it, Carl was and still is the creative gaming genius that floated CFG and continues to do so with the sales of GtR. While you claim that it was done for business reasons, you have failed to adequately access the market place. First off, CFG has a very niche market. They really are for gamers and not for the general public. I know you claim that you like the art, but really, the real reason this game has not done even better is because of the decision to keep the awful clip art and maintain the plastic clam shell box. How does a FLGS market and sell this to new gamers? While I can't attest to why Carl reached out to IELLO, I can say that they will probably put a much better production on the game. Maybe it's high time CFG abandon its clam shell production and try to produce high quality components to match its high quality game play.
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Funguy wrote:
cambridgegames wrote:


2) Marketing Glory To Rome I.V as "by Carl Chudyk" was a business decision. I made this decision precisely to promote Carl as an up and coming designer - discovering and developing new designers is core to CGF’s philosophy. Cover credit for the first edition is shared between myself, Carl and Erek.


I would have to say this is a bunch of hogwash. So you are telling the world that out of the kindness of your heart (and I have met you and I can say that you are all business) you gave Carl the by-line on the game on the I.V edition for a purely business reason. It's not like Carl is a household name that will generate sales. What other games have you gone on to create?
Ed's detailed description of how Glory to Rome came to be is here: http://www.boardgamegeek.com/thread/678899/cgf-gtr-october-2...

Let's say we start with the facts and then move on to speculation from there.
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topherr wrote:
Funguy wrote:
cambridgegames wrote:


2) Marketing Glory To Rome I.V as "by Carl Chudyk" was a business decision. I made this decision precisely to promote Carl as an up and coming designer - discovering and developing new designers is core to CGF’s philosophy. Cover credit for the first edition is shared between myself, Carl and Erek.


I would have to say this is a bunch of hogwash. So you are telling the world that out of the kindness of your heart (and I have met you and I can say that you are all business) you gave Carl the by-line on the game on the I.V edition for a purely business reason. It's not like Carl is a household name that will generate sales. What other games have you gone on to create?
Ed's detailed description of how Glory to Rome came to be is here: http://www.boardgamegeek.com/thread/678899/cgf-gtr-october-2...

Let's say we start with the facts and then move on to speculation from there.

Publication of a C&D letter on BGG is asking for speculation.
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topherr wrote:
Funguy wrote:
cambridgegames wrote:


2) Marketing Glory To Rome I.V as "by Carl Chudyk" was a business decision. I made this decision precisely to promote Carl as an up and coming designer - discovering and developing new designers is core to CGF’s philosophy. Cover credit for the first edition is shared between myself, Carl and Erek.


I would have to say this is a bunch of hogwash. So you are telling the world that out of the kindness of your heart (and I have met you and I can say that you are all business) you gave Carl the by-line on the game on the I.V edition for a purely business reason. It's not like Carl is a household name that will generate sales. What other games have you gone on to create?
Ed's detailed description of how Glory to Rome came to be is here: http://www.boardgamegeek.com/thread/678899/cgf-gtr-october-2...

Let's say we start with the facts and then move on to speculation from there.

Yes, but Ed clearly states that the original "concept and rough mechanics" came from Carl. Most creative geniuses have design teams but ultimately it is the "star" that gets all the credit. Ed even calls himself "The Money". I still stand by what I say, was it really a business decision or purely the right thing to do? Reiner Knizia has a whole design team and testers let alone each of the companies that then tweak his games. But in the end, the designer of the original concept is credited. In this case, Ed clearly states that as Carl. He gave Carl credit where credit was due and not just as a business decision. He knew that Carl would be a break-out-horse whose name would eventually be credited to other fantastic games (which it has). Where are the facts incorrect? While I am sure the argument can go round and round, I have seen the clear differences between Uchronia and GtR. I own every Carl Chudyk game and happen to think that his concepts are genius. If CGF were smart, they would develop GtR with stellar components and art that the game deserves.
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cambridgegames wrote:


Ed's detailed description of how Glory to Rome came to be is here: http://www.boardgamegeek.com/thread/678899/cgf-gtr-october-2...

Let's say we start with the facts and then move on to speculation from there.

I for one would like to have Mr. Chudyk's opinion on that "detailed description".

CGF - Carl Chudyk = 0

Poor quality components, artwork and packaging. Only one truly innovative game that came out years ago, that somehow Carl Chudyk happened to be involved with and is listed as a co-designer on (but only on the later editions). "Something is rotten in Cambridge" if you ask me.

I wish Mr. Chudyk could give his viewpoint, but I think he's above this type of drama...and probably had to sign legal paperwork which prohibits him from commenting.
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For anyone wondering: BGG is a neutral third party in this. Our preference is that this kind of thing be handled privately between the involved parties. From past experiences, no one benefits from these things being made public.

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I do have to say that this whole exercise is only going to make the community want Uchronia more. There was a thread HERE asking where about the lack of hype for Uchronia. Well, guess what, CGF handed it to IELLO on a silver platter! The likelihood (and yes this is SPECULATION) of the game not being released is slim-to-none. As I see it, the rules are written differently and the game play has been tweaked. Even if IELLO makes public statements saying that Uchronia is the authentic or real GtR where is the trademark, copyright, or patent infringement? What it might do is delay the game for a while but the pent up demand and hype will only force people to want it more. If I were part of IELLO I would be calling the printers to get more on the boat.
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Len
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"Your so-called kung-fu... is really... quite pathetic" - Pai Mei
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topherr wrote:
Funguy wrote:
cambridgegames wrote:


2) Marketing Glory To Rome I.V as "by Carl Chudyk" was a business decision. I made this decision precisely to promote Carl as an up and coming designer - discovering and developing new designers is core to CGF’s philosophy. Cover credit for the first edition is shared between myself, Carl and Erek.


I would have to say this is a bunch of hogwash. So you are telling the world that out of the kindness of your heart (and I have met you and I can say that you are all business) you gave Carl the by-line on the game on the I.V edition for a purely business reason. It's not like Carl is a household name that will generate sales. What other games have you gone on to create?
Ed's detailed description of how Glory to Rome came to be is here: http://www.boardgamegeek.com/thread/678899/cgf-gtr-october-2...

Let's say we start with the facts and then move on to speculation from there.

Facts? This is not a court of law. Its BGG! This has been posted to the peanut gallery!

I think posting this was a vent from someone who is (understandibly) frustrated, and I'm guessing from a legal standpoint, ill-advised.
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Len
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Funguy wrote:
I do have to say that this whole exercise is only going to make the community want Uchronia more. There was a thread HERE asking where about the lack of hype for Uchronia. Well, guess what, CGF handed it to IELLO on a silver platter! The likelihood (and yes this is SPECULATION) of the game not being released is slim-to-none. As I see it, the rules are written differently and the game play has been tweaked. Even if IELLO makes public statements saying that Uchronia is the authentic or real GtR where is the trademark, copyright, or patent infringement? What it might do is delay the game for a while but the pent up demand and hype will only force people to want it more. If I were part of IELLO I would be calling the printers to get more on the boat.

Ooooo...conspiracy theory: This was planned from the beginning! How did I not see this?!
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