Personal victory - Behemoth3 Incorporates

[Tav_Behemoth]

Just wanted to say that there has been no happier moment in my brief and unexpected career as a PR flack than writing this press release!  The "What Is B3" section is scaled back from a much more radical statement of opposition to work-for-hire, Digital Rights Management, and a accepted industry practices in general--I figured it wasn't a good idea for a one-day-old company to immediately start making enemies! Tomorrow is always another day...

I feel sort of like I did when my son was born: giddy, punch-drunk from not having any sleep for days on end, and all too aware that it's going to get a lot crazier before things finally settle down again!

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NEW YORK, NY. July 29, 2004 - New publisher Behemoth3 announced its incorporation today. Pedestrians in Manhattan, Chapel Hill, and Portland are advised to protect themselves against flying champagne corks. As part of the celebration, Behemoth3, Inc. released the following preview from Masters and Minions series, premiering at Gen Con Indy on August 19th: “What Is B3?”

Behemoth3, Inc. is dedicated to gaming as an art form. We believe that great art can change the world. Our corporation was created to allow writers, illustrators, designers, programmers, game developers, and other artists to share their creations without losing the right to control them. As a creator-owned company, we exist so that artists can share both the financial rewards and the risks involved in making their efforts commercially available to the gaming community.

We are proud to be part of the contemporary revolutions in open source licensing and electronic publishing. Behemoth3, Inc. is strongly committed to the rights of artists, consumers, and the public domain.

   If you’ve never thought about becoming a professional creator in the gaming industry, these issues may not be important to you. Don’t worry—Behemoth3 is also committed to showing you a good time. Start rolling your dice to see which ones are lucky, because tonight we’re going to party like it’s 1974.

   However, we suspect every gamer has a dream project: a story they’d like to tell, a vision they’d like to share, an experience they know how to capture with a set of rules and a group of players. That was certainly true of us, which is why Behemoth3 exists. If you’d like to learn more about the possibilities of publishing your work with Behemoth3, please contact editor@behemoth3.com.

[Ron Edwards]

Congratulations, Tav!

Some thoughts on incorporation can be found in Game company: why?.

I'll take this opportunity to explain something that has apparently confused some people on occasion: incorporation of one's company is an option which does not affect how independent one is. Certain kinds of incorporation are incompatible with being independent, but other kinds are not.

Best,
Ron

[Tav_Behemoth]

Thanks, Ron! Our books are almost due to go to the printer, so I reckon I'll have some other press releases that I'll be even more proud of soon, but there was something wonderfully affirming about being in such an officious and impersonal State of Oregon database.

Re: Game company: why?, I found  that thread helpful many moons ago when we first set the machinery in motion, but one of our main reasons for incorporating isn't mentioned: legal liability. We're using the Open Game License, which (for all that I love it idealistically) is notoriously difficult to interpret, without the additional lawsuit-protection that is one of the essential reasons for using the d20 trademark license. So having Behemoth3 exist as an independent entity which is able to defend itself in court, but unable to reach into our pockets to pay its legal fees, was an important factor in our decision.

Re: corporations and independence, I reckon you mean situations in which public shareholders exercise control over corporate decisions? That's an interesting wrinkle to contemplate. We're an S corporation, so we the authors are the only shareholders.

[Ron Edwards]

Hi Tav,

Good points. I've never encountered legal challenge or even the glimmerings of inconvenience due to Sorcerer's contents (demons, etc; full-frontal nudity in Sorc & Sword), but the potential for it did play into my decision as well. And considering the occasional weirdness that crops up among gaming companies, say if someone were to try to impose sanctions based on the word "sorcery" or something like that, it is a consideration.

Like Behemoth3, Adept Press is an S-corporation, and it seems to me that this designation is probably the only sort that remains fully consistent with independence. Some "almosts" probably count, though.

Best,
Ron