After James Mal resurfaced, he signed a contract giving the monies and the Dwimmer-rights to Autarch, keeping the right to exclusively publish for Labyrinth Lord to himself.
Except he now says he didn't exclusive rights, he wants Autarch to publish the LL version based on his notes. Which makes sense, as why wouldJames want the pressure of having to put out an expected project when he currently can't handle the pressure.
This is a nightmare that never ends.
Latest From Tavis:
"I am just about certain we'll find a way to fulfill the LL version of Dwimmermount. Once I have the details nailed down I will reply to refund requests. I don't think it is realistic to expect that James will return to work on the project in a substantial way during our time frame for completion, so I'll be looking to be sure that we're refunding backers who would not be happy with a version of the dungeon that hasn't been overseen by James from start to finish, but not those who will be satisfied with a LL version once I can be sure how we'll be able to do that.
I uploaded our amended contract with James to the Dwimmermount download area. The relevant clause is "8) Labyrinth Lord. The Company agrees not to publish a version of the Product using the Labyrinth Lord rules, leaving this option open to the Creator as a vehicle for publication of his final creative vision, and will cooperate in good faith to promote any such efforts in future." Because Dwimmermount will become 100% open game content upon its publication by Autarch, despite this clause we could partner with another company who isn't bound by this agreement and can publish the LL version for us to distribute along with the other rewards. I wouldn't normally try to make an end run around James' intent as I understood it on the phone and tried to reflect it in the contract I drafted, just as I normally wouldn't assume that someone would tell me they were going to review this draft with their lawyer and still wind up signing a document that doesn't reflect their intent. However I trust Dan Proctor (Goblinoid Games) and if he says that James meant for Autarch to fulfill our LL version now as well as promote his LL "director's cut" later, that lines up with my responsibility to the backers and I'm eager to find a way to make it happen. (reposted from KS comments)"