- Oct 15, 2024
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it is strongly related to the laws of the country, surely there is an advantage in restarting the company. in my country they do it to escape some taxes and to take advantage of the benefits for new companies.
- Feb 22, 2021
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Okay, now explain how Illumination is already using VR Kanojo IP while being the separate company with few Illusion staff members
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While the IP is not automatically inherited for certain, of course they could have made an agreement with their former employer and/or might have bought the IP for themselves, or they could just have went rouge and use the IP anyway, because they know that now the original IP holder is no more and IllGames does not own the IP, so no legal entity exists that could sue them.
It seems that way (I did not knew about Illumination, that's new to me as well, although I think they will run into trouble with that name). Anyway I can imagine that they have made an agreement not to step on each other's toes, that's perfectly possible.
- Feb 22, 2021
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Japanese system doesn't have an open base of companies so Illusion's legal state is unknown. IPs don't become a public property.
... company must sell its assets to pay off its debts. However, if a company decides to wrap up operations – for whatever reason – without filing for bankruptcy, here’s how IP rights are transferred based on the business structure:
- Sole proprietorship: When a sole proprietorship dissolves, the IP rights are transferred to the sole proprietor.
- Partnership: When a partnership dissolves, the IP rights are transferred to the individual partners per the partnership agreement.
- Corporation: When a corporation dissolves, the IP rights are transferred to the company's shareholders.
I agree, I never said that KK / KKS become a public property in a legal sense, all I'm saying is, there's no legal entity left to sue you, therefore very likely free to take, noone will come after you (not that Illusion cared too much in the past TBH). This is in contrast to HC, which IP is owned by a very much alive IllGames.
Again, I agree. That's why I think it is possible that Illumination have bought the VR Kanojo IP from them.
While you're right we cannot know for sure, my understanding is, Illusion went down without a legal successor. Deliberately, to escape whatever legal baggage they were carrying.
It is also my understanding, that even though IllGames might be the same in every possible way (same people, same office, same desk, same equipment), they surely and definitely not the same in a legal sense; legally they are a totally new and independent entity.
Exactly. As I've said, the IP right never belonged to the employees in the first place. And again, I'm not a lawyer, but I'm certain that even in Japan, if an employee works in their clock time on the company's equipment, then that employee has absolutely no right to the finished product; that will entirely belong to the company who paid them. (Except if they have some sort of agreement, it's not without precedence to offer ownership or shares to employees, it's just not the default.)
- Aug 12, 2017
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Did not expect this thread to have a discourse on IP copyright infringement, especially for several pages, lol.
It was fun to read. Salient points. Factual and logical arguments. A good debate. Want some popcorn?
I'm sorry. It indeed was a really good debate and I got carried away.
Sorry again for derailing the topic!
Sorry again for derailing the topic!