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We have a community linked to an open source game, that we have been maintaining in our free time for some years. Our name is quite nice, as it is related to our unique mod we built on top of that open source game, and we made available most of our code under GPL on bitbucket.

Some time ago I was approached by a big gaming company that wanted to use our name for one of their games. We don't have problem with that, but then I received a mail from that company about the agreement, and the agreement seems quite restrictive for us, and I'm not sure I want to sign that.

Mostly I should leave the right for the name to them in the world, should agree to not block in any way their project, and I might also be responsible in front of the law personally, in case anything would go wrong.

They also specify they will not engage procedure to get my domain name. I feel that this agreement is really restrictive to me, and that I have no interest of signing it.

What do you think? Shall I sign that agreement. I also feel I should get more incentive from them as they are really a big game company (in terms of dollar not in term of quality of games they are doing).

If I don't sign, what can happen with my domain name?

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    How much of Mr. Green showed up?
    – user3344003
    Jul 19, 2016 at 17:22
  • If we talk about money, there is nothing in the deal, at first we said we had no problem, but we didn't know they wanted us to sign such a restrictive agreement.
    – wisbyer people
    Jul 19, 2016 at 17:28
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    Not intended as legal advice: You're doing them a favor. For there to be a contract you need to get something (consideration). As a general bargaining principle, the more restrictions they want, the more consideration you should receive.
    – user3344003
    Jul 19, 2016 at 17:58
  • @user3344003 is insightful. There is no reason for you to "do them a favour" for free - they are a business. If they are engaging in IP lawyers, They are most likely happy to part with Mr Green if asked - but ONLY if asked.
    – davidgo
    Jul 20, 2016 at 1:31

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I don't think the answer you are seeking is one that will be found in the law. However, if you are unsure about how to proceed, you should get an attorney.

As a general negotiating tactic, if you don't think they are offering you enough in exchange for the name, consider asking for some type of royalty or licensing fee.

Another suggestion that might be more fruitful is to think of asking them to support something that would be in both of your interests.

For example, ask them to contribute resources or money to your open source project. It's great for you because your project gets some additional resources and it is good public relations for the gaming company because they can claim they're supporting an open source project.

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  • They are ok to support us which is nice, I will also ask for a licensing fee, I have no idea how to ask for that. Also is it possible to limit that agreement in the time, like 3 years ?
    – wisbyer people
    Jul 27, 2016 at 8:59

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