So for a lot of my life, my best friend and I would come up with ideas, and he would sit next to me while I coded the entire thing. I used to need him there specifically to get things done and to talk things through with, and we would always say back then we would split it 50/50 even though I would do almost all of the work. I am talking about things like social networking sites. Most of these have ultimately failed of course, but it was always fun to pump ideas out.

If this was the setting for the current project, while you're under little legal obligation, I'd say that morally speaking, he'd be justifiably angry with you if you changed the arrangement just before release. However, if it really is just an idea he threw at you in a conversation, you're in completely different territory.

But, If he was there through most of the process, brainstorming, helping with things like level design, character design and such (just not the coding), hell, I'm sure there are developers out there who do less than that and get paid more than the programmers. Anyhow, I'd say your obligation depends on how much effort was put forth on his part during the process of this game (and I wouldn't discount his lack of coding, effort is effort). A verbal agreement is still a verbal agreement and it would be kind of crappy on you to go back on that right before it's done. If you guys talked 50/50 years ago when working on a different project, I don't think that obliges you in any way.

Have you actually talked to your friend about this? I would guess there's a good chance he's not really expecting anything, and certainly not 50% for simply throwing out an idea at you. I'm sure it happens, but probably isn't standard human behavior.

I see nothing to justify 50% even if you assume him as cofounder, especially if he doesn't bring value to counterbalance your contribution. I think you should talk about his role in this clearly stating there is "no pain no gain" , you may also consider vesting options and him fitting into a position he contributes.

J. Faraday, on 16 Dec 2014 - 7:14 PM, said:

So for a lot of my life, my best friend and I would come up with ideas, and he would sit next to me while I coded the entire thing. I used to need him there specifically to get things done and to talk things through with, and we would always say back then we would split it 50/50 even though I would do almost all of the work. I am talking about things like social networking sites. Most of these have ultimately failed of course, but it was always fun to pump ideas out.

If this was the setting for the current project, while you're under little legal obligation, I'd say that morally speaking, he'd be justifiably angry with you if you changed the arrangement just before release.

Thank you all.

As for this project, there was no such agreement. He only assumed the (implied) 50/50 applied when I showed him the engine. He said things like, "Our paypal account will grow", "We have to add...", "I don't think we should..." (there is no paypal account, his assumption is that we together will make a paypal and accrue money via it to split). I do want to talk to him about this. I suppose I'm looking for the right words so I am prepared, and a lot of you have given me great material. I am definitely going to take Hodgman's advice and write a list of each of our work put forth to show him that what he is asking is not realistic. Then I will add the fact that when he had his business, and had me work for him, even when he and I did equal work, he only paid me hourly (as a business should be run).

He literally said, "You should make a dungeonlike game... Kind of like Binding of Isaac," and, "You should implement items like in Candy Crush so players pay for them in need." Those are the two suggestions that he made, and I am not sticking to either of them completely. So basically, he didn't come up with ideas himself anyway, he copied off of other games. However, I am producing a dungeonlike that's online, but besides having dungeons, it is nothing like Binding of Isaac. I have considered the "Candy Crush" payment system for implementation but I'm not even sure I want to add that.

I am starting to think more and more that I don't really have to worry about anything considering the menial magnitude and unoriginal nature of "his" ideas. Honestly the way it seems to me is that he finally sees the fruit of my hard work being something valuable and wants to get a piece of it. However, with all of this said, I think what is going to have to happen is that I will of course contact a lawyer as you all are suggesting, and maybe also offer him some money for consulting me on the ideas, should I use them, contingent that the game earns money.

The problem I think I'm troubled with the most is actually talking to him about this because I don't want to lose him as a friend. However, my concerns of a 50% ownership of the game's profits are justified so I think that if he does give me a hard time, then he may not be as good a friend as I think. I'm not trying to cheat anyone here, only doing what is fair. Thank you all for giving me some great information on what I should do. I am going to now deal with this.

The last question I have is: If this were your best friend for 20 years, how exactly would you approach a conversation like this with him/her?

Did he write any of his designs on paper, was there an agreement between the two of you that money would be exchanged, verbal agreements can be held to standards of contracts sometimes depending on the circumstances. If he was just throwing ideas out it's not really worth anything. Design isn't just ideas, its ideas and figuring out ways of implementing your ideas so they work and testing these ideas to make sure they work.

If I was making a game and a friend gave me a suggestion I wouldn't be paying him for it as hes just a friend who casually threw in an idea or two.

If you were like hey I'll pay you some money to come up with some ideas for my game, or do you want to help me make a game. Then you most likely owe him for the ideas, but not 50% at most x per hour, or a percentage of revenue based on his inputs.

Should look at what happened to Phil fish and his partner when they had a falling out and the one guy refused to work on the project anymore. Phil worked on the game for over another year and still had to split the earnings because of a written agreement. Which looks like you didn't do so you should be in the clear.

The last question I have is: If this were your best friend for 20 years, how exactly would you approach a conversation like this with him/her?

In writing (email) after you consult a lawyer.

Paraphrasing: "he would come up with ideas; he would sit next to me while I coded. I needed him there specifically to get things done and to talk things through with, and we [including you] would always say back then we would split it 50/50."

So he provided real value to you? And you explicitly and verbally agreed to a 50/50 split?

But now that real money is (potentially) on the table, you suddenly realize it's not in your favor and want to cancel?

I'm not exaggerating it, but I'm looking at it from the angle he might look at it.

Never having been in that situation myself, I'd think about going at it like this:

- A verbal contract has been entered that is not in my favor. Just because it wasn't signed doesn't make it not a contract. A gentlemen's agreement is still an agreement and still carries weight.

- I can't change the terms of the contract.

- I'd vocally cancel the project to him and others. And wait two weeks after cancelling before approaching the subject with him.

- I'd tell my friend, the "next game" I want to make on my own from scratch as a solo project. I'd encourage him to independently pursue a project on his own at the same time you are.

- I'd tell him I want to become an independent game developer. Stress the word 'independent', define it as 'solo', and I'd say that I'm worried my game development career might come in the way of our friendship, and I don't want to enter business with friends because difficulties always arise.

- I'd take and accept whatever blame for it that actually belongs on me, knowing I'm not perfect and can't be 100% blameless. I wouldn't blame or accuse him, even on the areas he is genuinely responsible for. I'd voice my actual concerns and worries, without being accusatory. (your goal is not confrontation here, but getting him to gracefully accept breaking up the childhood partnership)

- I'd even consider getting him to sign a sentence or two breaking off our "childhood business partnership" for the good of our "friendship".

- I'd reuse my tech and make a different game, using the knowledge and experience I've acquired so far. The acquired knowledge was not a waste of time.

- I wouldn't have him over to the house while I'm working on it, so he can't contribute ideas towards it. I wouldn't directly discuss the game with him except in vague terms ("It's a fantasy game", and etc...).

- If it becomes successful, I wouldn't flash money around (for example, taking everyone out to lunch) or even talk about finances. This could potentially ruin friendships even for friends who weren't ever involved in any project together.

- Use this opportunity to change the game: Refine the concept, simplify and enhance the gameplay, refactor the code, change the name, change the art style, upgrade the art and music, and so on. You can begin this refining, distilling, and enhancing process during two weeks between cancelling the old project and discussing breaking up the old partnership ("in favor of preserving our friendship.").

Write down your honest concerns before approaching the subject with him, so you know what subjects to cover and how to approach them without blaming him.

If that doesn't work, and he doesn't agree to break off the partnership, and doesn't sign a sentence or two "releasing" you (which you scan and save digital and physical copies of incase he turns on you later), then I'd both:

A) Consult a lawyer for advice on how to permanently break the the partnership even without your friend's agreement.

B) Delete all the sourcecode, delete all the artwork, and start again from complete scratch with a completely new idea for a completely different genre of game. Again, you've already gained experience and knowledge, so it's not quite as bad as it sounds.