Peacecraft Ownership Transfer Contract

[derekpeterson]

Old thread, don't freak out when reading this  --  Editedcub


Hey everyone,  I'm sad to say that I am considering selling Peacecraft.  It breaks my heart, but I don't think I can give it the time and energy it and the community deserves.

I am attempting to make sure that if I do sell it, the new owner won't destroy or ruin Peacecraft in any way.  To do this, I've written a contract.

Here's the process that I foresee happening:
    1.  Please read through the contract below and let me know if you think any amendments or alterations are necessary.
    2.  If you think you meet the requirements set forth in the contract and are interested in purchasing Peacecraft from me, please send me a forum PM with a bid.
    3.  If I receive any bids that seem sufficient to me, I will review the bids, and post the top bidders in a poll in a new topic on this board.
    4.  The community will vote on who they would like to have as the new owner of the server.
    5.  I will select the new owner based on the poll, and will send a copy of this contract to them.
         a.  Buyer will sign the contract and return it to me via mail or email,
         b.  I will sign the contract and send a copy to the Buyer via email.

The contract:

THIS INTELLECTUAL PROPERTY TRANSFER AGREEMENT (the “Agreement”) is made on [date]

BETWEEN
1.     DEREK PETERSON, [address] (Seller); and
2.    [name], a capable LAMP sysadmin familiar with hosting Minecraft servers, [address] (Buyer)

WHEREAS

(A)    Seller has agreed to sell / transfer all of its right, title, and interest in the Intellectual Property (as defined below) to the Buyer; and

(B)    Buyer has agreed to purchase the Intellectual Property, and uphold the requirements defined in Section 1.1

(C)    Both Seller and Buyer agree and understand that the Intellectual Property, and all rights, title, and interest pertaining to it shall be returned to Seller should the requirements defined in Section 1.1 not be met or are broken at any time as defined in Section 1.2.

NOW, IT IS AGREED as follows:

1.1   
    (a) Buyer will not shut down, terminate, or dissolve the Intellectual Property or servers pertaining to it.
    (b) Buyer will not restrict public access to the portion of the Intellectual Property which is available at the time of the Agreement.  (Buyer cannot make the servers private)
    (c) Buyer will not shut down, terminate, dissolve, restrict public access to nor censor the public forum pertaining to the Intellectual Property.
    (d) Buyer will, to the best of their ability, maintain, keep up to date, and administrate the Intellectual Property and servers pertaining to it.
    (e) Buyer will, to the best of their ability, maintain the democracy and openness of the community pertaining to the Intellectual Property.
    (f) Buyer will, to the best of their ability, keep a majority of the community pertaining to the Intellectual Property satisfied with the Intellectual Property.
    (g) Buyer will continue to use the public IP address “p.derekp.com” to allow access to the servers pertaining to the Intellectual Property unless having received written consent from Seller.
    (h) Buyer will host the servers pertaining to the Intellectual Property on a machine and connection capable of comfortably operating the servers under regular load.
    (i) Buyer will give Seller root access to the fileserver via SSH as well as the MySQL server.
    (j) Seller will retain an in-game rank of Co-Owner for 2 weeks following the Agreement, and at least GM for 4 months following that.

1.2
    Should the requirements set forth in Section 1.1 be broken or not met at any time within 6 months of the Agreement, Seller’s obligation to the Agreement is void and null.  The Intellectual Property (along with any additions, improvements, or modifications) will immediately be returned to Seller.  Buyer has an obligation to return the Intellectual Property, and all rights, title, and interest thereof to Seller in a timely manner.  Seller will not be obligated to return Buyer’s payment set forth in the Agreement.
    The requirements set forth in Section 1.1 will be dissolved 6 months after the Agreement assuming Buyer has met the requirements until such time.


1.3    In this Agreement:

    Intellectual Property means the software applications (together with all source and object code, data files and documentation related thereto and all intellectual property rights therein)

[Exoteric]

It's unfortunate, but I do entirely understand. You've seemed burned out since way back after the first big server change...
I sure as hell know I can't blame you.

[Imm0rt41]

i would be happy to run it, but i dont have the money or the computer for it.  still need to get a better cpu.......

[raccoozie]

Wouldnt the new owner have to be capable of updating all of your custom plugins if any of them break? Or would they end up having to get some of the regular plugins from bukkit to try to replace them? Are they allowed to add new plugins?

[swarmjag]

Derek... Personal demons aside, your leaving will send this server 6 feet under...

The players on this server look up to you; while to you it seems that we beg for help, we are simply looking for you to acknowledge our issues.

[TubbyEmu]

I completely understand where Derek is coming from and for those who have never ran a server related to gaming at all it's hard to comprehend.  Regardless of the community it's hard to put your heart and soul into something that your not making money off off, plain and simple.  I've ran numerous online MMORPG mafia sites online some with communities over 25k players.  The sad fact is, when your not making money but spending hours on hours working on it, at a point it's just not worth it anymore.  That being said I have a few issues with this Derek...

I know your a great guy and i have loads of respect for you however a few terms of the contract which is pretty standard I think should be added in for more security for both users.

-- No compete Clause ( minimum of 1 year ) Not having this in has bite me numerous times... A server admin would leave the game we bought, start up a nother and draw away the community from the site we purchased. 

-- Also, I understand completely that it's "Peacecraft" p.derekp.com.  However a huge issue not only with ownership but security issues arises.  Not saying that you would what so ever but giving them access with you still regaining the domain name as it's your personal one, at any time down the road once the sale is final you could just shut off access to the sub domain and the sites functions becomes useless.. 

I think that the buyer should have a the option to be able to change server locations and ip's as long as the specs are not affected and the level of playing remains at a somewhat constant rate.

[konofo]

Well, that went from bad to worse in a hurry.  I'm not sure where Derek got the impression that people hated him for this, but having been in a similar situation in a past life, I understand the appeal of a swift ending.  Don't like it, but I get it.

kono

P.S.  Eve sucks, and you will be sick of it within six months. 

[Avatar46]

Shame... Massive shame I will miss the server big time. But if that is what you feel is needed Mr.P...

[EhJoel]

Can u release the map, i am considering running it

[swarmjag]

GOD DAMNIT!!! NO!!!!! NONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONONO

I am not having this again!!! i dont want to rebuild sw'aglabs again!! MIT is currently 60% finished!!! That would take me over a year without the support i have received!!!
I've had to rebuild sw'aglabs on 3 different servers so far, and none of those times did i ever get it as finished as it is on this server!!
I even have equipment to manipulate physics without a resonance splitter! and a goddamn redstone computer!!!

[iAMthePUMP]

PeaceCraft has had a great and amazing run. Derek all props to you "sir" =D. We will love to keep this community together, so if anyone ever would be able to find a new server and just have everyone stay together, I hope we can still keep forums up to see what a good place would be to stay together. This has been up since at least September, when I joined. Love you all. Totally Homo.

Pump.

[EhJoel]

We all need to stay together, on a new server, even though there is no other server like this ever. because this is one of a kind

[yoyo700]

I'm sorry to see the server shut down and you, Derek Peterson, are by far the best server owner I've seen on Minecraft. It's been amazing to be able to personally see this server rise up from the start and become one of the great Minecraft servers.

So long people, I'll try stay in touch if I can. Add me to steam "yoyo700" or xbox live "yo yo 700". Once again it's been a pleasure serving such a great community and I will miss you all.

~yoyo~

[SatansBane]

NO! I can't believe this! I don't even get to be on for the last week! *sobs*

I'll miss all of you forever...and I won't be able to finish my Omega Fort...D:

[Imm0rt41]

erm, well there were posts about a new server, so im going to say this, and not just to get people.  i am starting up my own minecraft server.  currently, my computer is unable to handle too many people, but once i get some upgrades on it, i should be able to run a good server.  my server is also not just a normal server some person made cause they thought it was kewl, with maybe a few random plugins thrown in, but a full out community server.  if we need a new server, i would be happy to be the owner.  however, its running off my computer, so we might need to get a server host which i can't for.  i am not just doing this as an attempt to take advantage of the server closing so i can get players, but cause you guys want a new server, and i am trying to make mine the best ever.  if derek wants to give me the map, then i would also be glad to add it as another world that can be built on.  if you have any questions about it, add me on steam, nickname -TBN-Immortal.


EDIT: i just found out that derek isnt closing the server, and it's being transfered to EditedCub.  so ignore that whole thing.