The CEO of Manor Lords publisher Hooded Horse, Tim Bender, argues that game agreements often violate fundamental contract principles, particularly regarding risk distribution. In an interview with PC Gamer, Bender emphasized that many publishing contracts are unfair to developers, citing an uneven risk allocation. He believes that the current practices in contract drafting go against the principles of efficient contract management, which aim to benefit all parties involved.
Bender highlights a key principle: risk should be borne by the party best equipped to handle it. However, Hooded Horse's standard contract with developers allocates 65% of revenue to the studio, which Bender considers unfair. He argues that publishers often recoup their costs, a practice he deems "fundamentally stupid." This approach can hinder the success of games that might have recovered with better support.
Bender suggests that without recoup terms, developers would be better incentivized and more capable of creating successful games. He believes that publishers would benefit from focusing on games that perform well, rather than trying to extract every last dollar from underperforming titles. This perspective challenges the conventional wisdom in the industry.
Additionally, Bender has taken a strong stance against the use of generative AI in game development, describing it as "cancerous" and stating that Hooded Horse will not work with studios using this technology. This decision reflects his commitment to ethical practices and long-term sustainability in the gaming industry.