GameMaker Studio 2 Desktop

GameMaker Studio 2 Desktop

Jeffrey 1987 Jun 30, 2019 @ 1:29pm
Is it legal to sell games with GameMaker Studio 2 Desktop?
I'm interested in purchasing GameMaker Studio 2 Desktop, but I have some questions.

So I've read the following:
https://help.yoyogames.com/hc/en-us/articles/216754108-Steam-FAQ

Questions:

Is it legal to sell the game that you've created, when you've created it with GameMaker Studio 2 Desktop? This might be a weird question, but I've read that games created with this software are put on the marketplace as free applications. And I'm not entirely sure if this is the only option. Is it, legally?

If it is legal, is it possible to sell your game through Steam Direct when you create it with GameMaker Studio 2 Desktop? In the link above it suggests that you would need a publishing deal with the Greenlight system from Steam, or through an independent publisher. Look, for me it is just a hobby right? I mean what else am I gonna do on the planet except for work? I would still like it if there would be some sort of reward after all that hard work, which is why I'm asking. Can the games that you make with GameMaker Studio 2 Desktop, be sold and placed in the steamstore?

I think, with the emphasis on that I'm not sure about this, that I saw an option to link the market place on the yoyo games website with the steam account, but the details on actually selling a game through Steam Direct by using something other than the steamworkshop is kind of vague. Is there any chance that you could lead me to some documents where I could find that specific information about selling a game on Steam created with tools other than found in the steamworkshop? That'd be appreciated. Maybe after some answers from you guys, I wouldn't have to hope it is legal because then I would know it would be legal, or that it wouldn't be legal. Right?
Last edited by Jeffrey 1987; Jun 30, 2019 @ 2:08pm
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Showing 1-15 of 23 comments
MrDave Jun 30, 2019 @ 2:23pm 
There are plenty of games on Steam (and consoles) that were made using GameMaker like Hotline Miami, Nidhogg, Undertale. I have a game that is being launched on Steam as do thousands of other people.

Of course it goes without saying that you still need to make/buy/own all the art and assets.

The Steam Workshop thing is probably a feature in an old GameMaker version that allowed you to quickly see other peoples games, however you can export your game as an executable and sell it on Steam and any other platform you like.
Jeffrey 1987 Jul 1, 2019 @ 10:15am 
Thanks MrDave. I do prefer some documents where I can actually officially read whether it is truly legal or not. I don't suppose that you would know where to find those documents? The Steam Direct page also informs you about uploading games, but it never says how legal that is.

How does one establish a form of legal documents that will say that my game product may, and can be sold legally? Is this even required once you've uploaded your game for sale on Steam?
Those are the kind of documents I'm thinking about. Also, how does one establish a publishing deal through the greenlight system?

So this is offtopic: I could create some artistic assets with GIMP for the game I've somewhat thought about in my head. Gimp is a free to use image editing software. Making my own art, is not really the issue because I would create my own art for this game that I would like to sell on Steam.
Last edited by Jeffrey 1987; Jul 1, 2019 @ 10:16am
MrDave Jul 1, 2019 @ 1:21pm 
Many of your questions don’t really make sense, GameMaker is a tool for making software. If you wish to sell your software once you have made it that is fine.

Of course if you make some software that breaks the law (uses someone else assets, has illegal content in it etc) that would be illegal.

Originally posted by Yoyo EULA: https://www.yoyogames.com/legal/eula:
3.7. Exporting Content. If you hold the appropriate level of GameMaker licence, you may export your Publisher Property to applicable third party platforms such as iOS and Ubuntu as permitted by us. You agree that any such exporting is at your own risk and may be subject to additional terms and conditions depending on the applicable third party platform.

Greenlight doesn’t exist anymore so don’t worry about that, also don’t worry about the Steam licencing at the moment. Learning how to make games requires a lot of practice and I normally find people that get caught up trying to sell and publish things too early never finish making their product.

Just have fun and make games.
Jeffrey 1987 Jul 2, 2019 @ 6:56am 
Thank you MrDave.

I have informed you that the questions I am asking, might be weird. If you don't know much about selling legal game copies, this page is a page that can get me far. Before I would purchase GameMaker Studio Desktop 2, I can read https://www.yoyogames.com/legal/eula.
Note, that Steam Direct is pretty clear about the subject on how to bring out video games. But where is the legal section that would provide game makers with a document that says your game is getting sold, legally on our platform Steam?

So, what are those "additional" terms and conditions on the applicable third party platform that they are mentioning in article 3.7 Exporting Content. (In this case, note that the third party platform is "Steam" and not GameMaker Studio Desktop 2.)

Note that they are just talking about exporting here in the quote that you've posted. They've not said anything about selling.

Do they keep this subject vague on purpose? And if so, why?

Again, I'm looking for documentation that says, dear game builder... Now!!!!! From this moment, you can build, and sell you game legally. And nobody will say it is illegal because this document says so. And nobody, can somehow demand of you any damage claims, or terms, or conditions regarding how legal the selling product is, provided that you create your own art, or programming, or buy your assets to utilize in the video game that you want to deliver as a selling product, legally.

I'm pretty sure, I'm a weird person, and I ask weird things. But these are things that I think are important to be aware of. You can't blame a person that was never made aware of those things. Ignorance is not a crime, but I'd like to know what I am going to do. Just because someone tells you something, doesn't make it legal. I need documents to support this. Even if a president says something is legal, he or she will need documents to support that statement, this is how important "legal" is.
Last edited by Jeffrey 1987; Jul 2, 2019 @ 6:59am
Falli Jul 2, 2019 @ 10:56am 
Such documents which you are asking for don't exist, why should they?

Originally posted by Kaylee Sur:
Even if a president says something is legal, he or she will need documents to support that statement, this is how important "legal" is.
This also makes no sense, why does he need documents to support his statement? There are also none for such a thing in reallife, because you will only find documents about what's illegal which is way easier to tell. Everything what's not illegal is either in a gray area or legal.

So you have to ask your government whether working (as game designer) is legal.
Jeffrey 1987 Jul 2, 2019 @ 11:29am 
Because there is no such thing as an omni-person on our planet. Every person on the planet must answer to another person on the planet. Even the head of the government answers to the people they govern. That is just the way how the society works. How human relationships work. How socializing works. It is part of communication. Perhaps a somewhat irrelevant example is that a Bee can get cast out if it does not follow the rules of the hive. Every being on the planet is following rules of some sort. There are no exceptions. The documents are just a way how the people of the planet make transactions. It is like asking for a receipt when you're going to pay for something. Asking for documents to legally sell video games, is no difference. It is comparable to a receipt, a confirmation of what has been agreed upon, making selling video games legal.

I cannot find such a document, or the suggestion that such a document will be delivered once you've submitted a video game on the "Steam Direct" page.

The occupation game designer, is not illegal. This is not what I want to find out.

A gray area could simply be undocumented, but still be either legal, or illegal. Just because it is not written down it can be illegal. This is why I want those documents as well. To know, not to second guess, whether what I am going to build is worth getting build, and getting sold legally.
Even 1 person buying it legally, would be enough for me.
◢ k r i s ◤ Jul 2, 2019 @ 12:12pm 
I don't know if this might be a cultural disparity or whatever, but if you have regional laws preventing you from selling your own creation, for whatever reasons, you should take advice from a professional legal advisor relevant to you, not those of us on the Internet who can't relate to that particular situation. Professional devs should have a lawyer look over their game to avoid conflicts anyways.

The EULA provided by YYG[www.yoyogames.com] protects YYG and their property (including GMS2). It's only designed to list what rights and restrictions are explicitly addressed and whatever is not addressed is inherently not deemed their responsibility by their legal team who wrote the EULA document and licensing terms. (Note that the policy can change too, such as when clarification is needed or restrictions need adjustment). You should be able to approach YYG for clarification if some part of their policies confuse you. Their response should qualify as evidence in most courts to defend your decisions if they ever decided to take back what they've agreed to and pursued you for damages over the exact thing you received permission to do - again, talk to your lawyer.


YYG
(From 3.7. Exporting Content of YYG EULA.)
You agree that any such exporting is at your own risk and may be subject to additional terms and conditions depending on the applicable third party platform, which we suggest you read carefully before exporting any content. In no circumstances are you permitted to export a third party's content or export your own content via a third party's GameMaker licence.

YYG is making no claims to work that is genuinely yours.


Steam Direct
Steam Direct has their terms here but some of their rules are loosely defined because they ebb-and-flow based on market appeal. For instance, we're seeing a recent acceptance for adult video games on the Steam store with varying levels of acceptance due to Steam's poor and delayed implement of a maturity system. We've also seen games removed from Steam due to controversy that was within the accepted terms (such as shooters-set-in-school-settings or r*pe-simulators and sometimes even asset-flips). Steam won't take you to court if you break their rules - they will simply remove your game from the store. Steam is likely to take you to court if you decide to cause damages to their property, however, much like YYG would if you damaged their property - which is where these legal documents come in because that would be an actual situation established in the documents.

You can find more information to assist these terms, but most of them are about handling tax-reports or the process of preparing your game or store presence.


Edit
Originally posted by Kaylee Sur:
A gray area could simply be undocumented, but still be either legal, or illegal. Just because it is not written down it can be illegal. This is why I want those documents as well. To know, not to second guess, whether what I am going to build is worth getting build, and getting sold legally.
Even 1 person buying it legally, would be enough for me.

If you want the terms provided by YYG to be clarified, you should be contacting YYG directly, not us. We cannot sufficiently provide you legal protection for something you feel needs to be better addressed in the agreement you form with YYG. https://accounts.yoyogames.com/contact-us
Last edited by ◢ k r i s ◤; Jul 3, 2019 @ 12:11pm
Jeffrey 1987 Jul 2, 2019 @ 12:55pm 
Thanks, but that didn't answer my question if I could put a game up for sale with 3rd party software like Game Maker Desktop Studio 2, legally, on Steam. Just because Steam says that your product is now for sale, doesn't necessarily mean that this sale is a legal sale. Where are the documents to support this? Like I've mentioned before, the Steam Direct page also informs you about uploading games, but it never says how legal that is. With uploading I've meant, selling the game that you've built and have made available on the Steam store.

I'm defeated by the simplicity of my request, because when I am reading through the procedure of the Steam Direct page, I cannot find the documents to support that any game getting sold at Steam is factually sold legally. Would you not want to know that your game product is getting sold legally? Perhaps I'm looking for a confirmation in the form of a watermark, that says that your game is legally sold at Steam now. I know this is a little weird to ask, but they do this with other products too, like food and drinks, and electronics. Is it so weird to ask this for a video game that is being sold digitally too? On the long term, us game developers could easily distinguish pirated games from legal games by identifying the lack of such a "legal" watermark. Don't you think so?
Last edited by Jeffrey 1987; Jul 2, 2019 @ 12:57pm
◢ k r i s ◤ Jul 2, 2019 @ 1:16pm 
Please contact the appropriate support.
MrDave Jul 2, 2019 @ 3:24pm 
I live in the UK, the laws here (and most places I know) list things you are not allowed to do, if you are looking for a list of things you are allowed to do most places just don’t have that.

GameMaker Studio is just a tool for making software, there are lots of these tools to pick from and I’m not sure any of them have this document you are looking for (if you have an example please show us so we know what you are looking for)

Your comment about stamps on food and electronics is not how the game industry works. YOU HAVE NEVER BOUGHT A GAME IN YOUR LIFE. No one sells game, you buy a licence to play a game, you never own a game. It’s different because software can be infinitely duplicated, all the other examples you give have to be made from other goods. And you can’t add a “legal” watermark because that would just get duplicated when the pirate clones your game .

I said it already but making games is really hard, most people never get to the stage where they can sell their games because it can take years to understand how to make games, what people what to play, game design etc. Start making games first and if you are lucky enough to be in a position to sell games in the future you can look into it then.
Jeffrey 1987 Jul 3, 2019 @ 8:56am 
Thanks guys, for trying to get this legal stuff sorted. <3

MrDave:
So, one of the reasons why I am not sure whether to purchase Game Maker Desktop Studio 2 is because I'm not sure if I should spend all of that time on creating videogame assets to be used with Game Maker Desktop Studio 2, while the licence might not permit me to sell what I have created at Steam. I'm saying, "might not", because I am not sure if the licence that I'm getting, if I buy the Steam version of Game Maker Desktop Studio 2, permits me to sell what I have created with Game Maker Desktop Studio 2, at Steam.

So, for example MMO games have a steam key specifically tied to the game as a licence to play, right? And this licence key comes up everytime when you start this video game MMO. As far as I can see, to video gamers, it is sort of a confirmation that they are allowed to play this game.
A licence key of this sort, that says that your licence to play is valid, is not what I mean, as such a licence key is for video gamers, not really for the video game builders.

What I mean is a confirmation for video game builders that their game is legit, and sold in a legit way, on the Platform Steam. The Steam Direct page tells you to pay €100,- to upload your game to the store. I suppose that I could see that payment as a way to legitimize my video game product on the Steam platform, but is it actually what I am doing? Is selling my videogame product at Steam made legit, by paying €100,- to have my game sold at the Steam store?

Is Steam or Valve going to look at the content of the game to see how legit it is before they accept the €100,- and with what software the video game builder has built their videogame? Perhaps I am looking for a plaque, or a sticker of some sort saying that my product is legit, and that if for example the IRS (tax) would ask me about it, I can prove that my stuff is getting sold legit because I have that plaque or sticker to prove that. Does that make some sense though? Steam Direct has a whole form that lets you fill out tax information, but how do I prove that my game product is legal? That my income made from my game will be legal? Even selling a video game one time is something I should have to declare somehow, right?

Yes, I am aware my questions might seem weird. Thanks for reading through these questions. Maybe my questions, will raise some questions on your end as well.

Last edited by Jeffrey 1987; Jul 3, 2019 @ 9:02am
◢ k r i s ◤ Jul 3, 2019 @ 10:38am 
You're not wrong to be concerned, but you've got a talent for mixing up "permissions" with "legitimacy" and place a lot of importance on an element that is more of "trust" rather than "commerce." You've also said nothing about what actually makes something "illegal" here beyond the concept of a legitimate license-key and the sensible absence of reasons in the YYG EULA to conclude why it should be illegal. The goal posts have shifted at this point, but yes, it is legal to sell your product online if your product is a game made with GMS2 - because those are not the parameters that determines if something is illegal or not (at this time and hopefully forever after).

You also keep implying there is some kind of affiliation between parties that really doesn't exist. The IRS and Steam and YYG and whoever else you think might be relevant are all independent of each other and probably distrust each other just as much as you should them. They each form different agreements with you that focuses on their rules and their terms.

There is no "seal of approval" here because that kind of thing usually regards certificates and only provides value to customers. The IRS should not be interested in your licensing agreements with other parties because it has nothing to do with taxes or revenue.
(although I really don't know anything about the "IRS" in the UK, if I'm to understand that's where you are from; maybe you meant the HMRC[en.wikipedia.org] since the IRS is part of the US federal government).

In North America, business legitimacy and quality is more of a BBB[en.wikipedia.org] kind of thing and that's just a 1912-version of Yelp, essentially (unaffiliated with any government agency and designed to give consumers confidence in their purchase). In the US, if actual "crimes" are involved, the FBI might get involved, but checking the license-key legitimacy of a GDK is unlikely to be relevant in their investigations - and the FTC is probably not going to be concerned about that either.

You pay $100 to Steam Direct (per game title) to publish on their distribution network and to show weight to your commitment - it's a security deposit, in fact they give you back the $100 after your game passes that amount in revenue (they keep the $100 if the game doesn't, I guess). Steam doesn't care if you have a legitimate copy of GMS2 or if you have a pirated copy of GMS2 or if YYG changes their policy overnight to make distribution of games exported from GMS2 a breach of their agreements.

You follow the YYG EULA to not p*ss off anyone at YYG (since they are the ones you seem most concerned about that might pursue you for damages if you did something with their tool that wasn't permissible by them) and they know the purpose of their application is to make games. Without the ability to distribute games made from GMS2, the tool is essentially worthless. YYG isn't going to pursue you from that angle because it's literally-stupid to do that for their product. They also don't have any kind of shared-revenue model or royalties model like Unreal and Unity have, so they won't be nagging you for money based on your game's revenue.

Moreso, once you've compiled a game, the product is not the property of YYG, that product is your property - which is why you become responsible for it across all these other parties (Steam holds you accountable if you decide to insert malware or controversial content in your game and the FBI holds you accountable if your game is somehow relevant to their investigation and YYG holds you accountable if you somehow break one of their few agreements about exported games from their EULA). The only "sticker" I can think of in this process is the "made with Game Maker" watermark that YYG imposes for games made with their "legitimate" demo/free version of GameMakerStudio, and that's only there to serve as free-advertising for them in lieu of an unpaid copy of GMS. If you wanted to include this watermark in games you've made with your paid-copy of GMS2, to add some form of "legitimacy," I find it difficult to believe YYG would really be upset about it...


If you are talking about the US IRS, they would be auditing you to see where the money comes and goes - they want receipts and paper-trails about transactions to make sure they get "their share" of your income and expenses (and AFAIK, they typically only audit you when they feel like you may have been dishonest with your report). You can go here and look at the forms for whatever is appropriate to your situation.
https://www.irs.gov/businesses/small-businesses-self-employed
You might see something about asset value and maybe liquidity or such, but in regard to YYG and GMS2 that's going to have more to do with your license-key/copy of GMS2 and who technically owns it (creating a distinction between "you" and "your business" - since businesses are entities) and not having to do with the legitimacy of the export game binary/product in regards to YYG's EULA.

The IRS forms are different based on if you are self-employed or if you have a small-business. Your bank will probably have a service to help you fill those out, but an accountant should be able to help too (accountants would also keep you in order if that IRS audit you're worried about ever happens). Also, TurboTax. Steam also provides a lot of information to make sure they won't be hindering you in the process of reporting your game's revenue to the IRS.
https://partner.steamgames.com/doc/finance/taxfaq

But we really should stop digressing and shifting goal-posts.

TL;DR - the thing you are looking for does not exist nor does it need to. If it did exist, the only people who would care are consumers with a stickler for games made with GameMakerStudio.

A hammer-manufacturer does not require a license agreement to permit their customers to sell wooden-birdhouses nailed together with their hammer-products - and birdhouse-customers probably don't care if you hammered with a diamond-mallet or a blunt-rock.

----
Again, if there is some phrasing or absence in the YYG EULA that you need clarification on, do not ask us - approach YYG.

And a reminder that I am not your lawyer. When/If you do hire a lawyer (preferably one familiar with the game-industry professionally) to look over your game and verify that you are clear of any contractual breaches, you can take that opportunity to ask for their experienced opinions.
Last edited by ◢ k r i s ◤; Jul 3, 2019 @ 5:54pm
Jeffrey 1987 Jul 3, 2019 @ 11:43am 
Thank you, I understand a little better what to expect when I would want to sell the game on Steam that I'm going to attempt to create with GameMaker Studio 2 Desktop.

I'm getting GameMaker Studio 2 Desktop now. Thanks again.

Wish me luck, I might need it.
◢ k r i s ◤ Jul 3, 2019 @ 11:52am 
In all honesty, the last thing you should be thinking about is commercialization when you don't even have GMS2 yet. Most indie devs don't even get that far after years of work, even with business administration and project directors and lucrative budgets involved sometimes.

I know it was said already, but if you're just now getting started with GMS2, the learning curve of the software alone should set your schedule back a ways - then you've got the element of design and mechanics and narrative and player feedback/response/bugs to put you really far behind schedule, assuming you've never made a commercial video game before and are unprepared for those particular bottlenecks.

Worrying about commercialization (and not even the marketing aspects of it) is kind of like putting the cart ahead of the horse[idioms.thefreedictionary.com].
Last edited by ◢ k r i s ◤; Jul 3, 2019 @ 6:02pm
Jeffrey 1987 Jul 3, 2019 @ 1:17pm 
I'd like to be prepared. There is nothing wrong with asking a little bit of information.
There is not much else to do but work, so... I wouldn't worry about trying to see where the ship goes to with me. I'd like to say that I know what I am getting into before I am going to work years on a game or so? But Today's generation is mostly about learning by doing, so I guess I'll just row with the row spans that I have, and maybe sing a song along the way in midst of all that work I am about to do.

What I am about to attempt starts as recreation. To spend some time attempting to create a videogame, while doing something I like in my spare time. It'd be nice if it sells but I'll be honest that this is not why I am about to do this. You have to understand that life is very long if you don't have a hobby, or something else to spend some time on in your spare time. It can be a curse sometimes, I'm sure. At least I will be entertained. Thanks, for wishing me luck guys. I know you've meant it. ;-)
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