Recently, the ACG MOBA mobile game Re: Aetatis staged a typical "Publisher vs. Developer Tussle": the developer, Zhuque Network, accused the publisher of unilaterally announcing the game's termination and issued a public statement claiming they are in negotiations to protect their rights and will do their utmost to safeguard the core demands of players. This incident exposes a high-risk area in the "Developer-Publisher" cooperation model within the gaming industry: when the publisher controls user entry points, promotional channels, and operational permissions, how can the developer protect its legitimate rights and interests?

PART 1: Core Disputes

In the Re: Aetatis incident and similar cases, the core conflict lies in the legality of the publisher's unilateral termination and the dispute over the protection of player rights.

1. Does the termination constitute a breach of contract? From a legal standpoint, developers (CPs) and publishers usually sign an Exclusive Agency Distribution Agreement or a Joint Operation Agreement. If the agreement does not stipulate that the publisher has a "right to unilateral termination without cause," or if it stipulates such a right only under certain conditions (e.g., monthly grossing failing to cover O&M costs for three consecutive months) and those conditions have not been triggered, the publisher’s actions likely constitute a fundamental breach of contract.

The unauthorized issuance of a termination notice by the publisher is effectively an anticipatory breach of its primary contractual obligation—namely, continuous operation. The developer has the right to demand that the publisher bear liability for the breach, including but not limited to compensation for R&D investment and loss of expected earnings, depending on the scope of claims defined in the contract. Currently, the publisher, Jinyuanbao Duoduo Company, has not responded, and the developer’s dispute regarding the breach remains to be clarified.

PART 2: The Developer (CP) Perspective: How to Pre-install a "Firewall"?

Most disputes stem from haste during the signing phase. Developers must prepare for potential disputes at the contract stage, specifically focusing on the following "red line" clauses:

1. Termination Clause Settings

• Restricting Unilateral Termination: The contract must explicitly state that the publisher shall not unilaterally announce termination or shut down servers without the prior written consent of the CP.

• Cooling-off and Notice Periods: Agree that if termination is required due to performance failure, the publisher must provide written notice at least 60-90 days in advance, giving the developer the right of first refusal to take over operations or find a new publisher.

• Liability for Breach: Set high punitive liquidated damages for unauthorized termination and require compensation for all player refund losses to deter the publisher from arbitrary shutdowns.

2. Data Ownership Data is the core asset of a game.

• Clear Ownership: The contract must stipulate that ownership of game code, art assets, and game data (including user registration info, character data, and logs) belongs to the CP. The publisher only holds usage rights during the term and must unconditionally cooperate in transferring management of social media and channel accounts upon termination.

• Back-end Access: Request joint management rights with top-level permissions for the server back-end or have the CP directly manage the core database to prevent publishers from "deleting databases and vanishing" or using data as leverage.

3. Co-management of Fund Settlement For high-grossing products, consider setting up jointly managed bank accounts or integrating the CP’s own SDK/payment channels to prevent the publisher from withholding revenue shares during a dispute.

PART 3: Crisis Management After a Dispute Erupts

If the publisher has already "broken ties" by announcing termination, the CP should use legal weapons to fight back:

2. Evidence Fixation and Preservation: Immediately notarize or use blockchain storage to preserve the termination notice and communication records (Email, WeChat, DingTalk) to prove "unilateral breach". If possible, perform a full backup of data or apply for judicial evidence preservation to prevent malicious deletion by the publisher.

4. Issuing a "Counter-Announcement": Use cautious legal phrasing to state objective facts (e.g., "no notice received," "contract still valid") to avoid commercial defamation. Inform players that the decision was a unilateral act by the publisher and guide them to claim refunds from the publisher, thereby applying commercial and public opinion pressure.

6. Selection of Litigation Strategy: Consider applying for behavior preservation (preliminary injunction) to prohibit the publisher from shutting down servers. Strategically, the CP can seek to confirm the breach to terminate the contract, demand liquidated damages, and request the return of operational rights and user data.

PART 4: Conclusion

The termination turmoil of Re: Aetatis serves as a wake-up call for small and medium-sized R&D teams. In the gaming industry, while content is king, the law of survival is "Contracts as your Shield, Data as your Spear". Maintaining trust with players through active communication will be the "spark" needed to restart the game after the long cycle of legal litigation.