TheExodus:
In total agreement with you which is why whenever I join a company after the formation of Xiotex Studios I have it written in the contract with those companies that the games I develop under the banner of Xiotex Studios belong to Xiotex Studios and nobody else. I am not going to lie and say this is not an issue because some companies don't like it but the last 2 I have worked for have been fine and to ensure the status quo I am totally transparent in my business so that those companies know what I am up to. It had even got to the point where my last boss upon hearing I had applied for WiiWare registration gave me a free licence to use the companies own Wii engine for Xiotex Studios games.
But the issue here is that at no point did Nintendo ask any questions about the game - the whole registration rested on if I had external offices somewhere - nothing more.
As for the flash games - they are a fun side project that also happen to bring in a little money, I mean how else without publisher funding is an indie developer supposed to be able to afford offices? Especially in London where I live. I am not alone in this and in fact in industry circles a few other developers who are making the move to indie want to put together a petition for Nintendo to relax the rules. I can understand not giving dev kits to any old person but most of us are legal entities (i.e. Limited company) and have quite a bit of experience in the industry.
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