Storm Impact
Encyclopedia
Storm Impact was a Macintosh
software
developer
and publisher
located in Glenview, Illinois
, active from 1989 to 1997. Storm Impact's development team consisted of David Cook and artist Tom Zehner, with help from Dan Schwimmer and Dave Friedman. Storm Impact initially licensed their products to third-party publishers, but switched to self-publishing their products as shareware
in 1993.
, released in 1989 by XOR Corporation. In 1990, XOR released Storm Impact's most commercially successful published product, the skiing
sim
MacSki. MacSki was reviewed positively in Macworld
, and was inducted into the Macworld Game Hall of Fame as Best Sports Game for 1990.
In 1993, Storm Impact released its most commercially successful shareware
product, an upgraded version of TaskMaker. In 1994, Storm Impact released an upgraded shareware version of MacSki.
In 1996, Storm Impact released the shareware shoot 'em up
Asterbamm and the technical support
utility
Technical Snapshot. David Cook describes both releases as "sales bombs". In 1997, Storm released The Tomb of the TaskMaker, a sequel to TaskMaker.
, unfair competition
, false designation of origin, and deceptive trade practices
.
United States District Judge James Zagel
found for Storm on the count of copyright infringement, stating that Software of the Month Club "unquestionably violated the express restrictions of both TaskMaker and MacSki, eviscerating any claim that Storm effectively consented to unlimited distribution of its products by posting them on the Internet." Storm was awarded $20,000 in statutory damages
.
. He notes a number of contributing factors: the Macintosh's market share had declined, game technology progressed beyond the company's ability to produce a competitive product, and the company's shareware model meant that developers had to process orders and support products years after their release.
Macintosh
The Macintosh , or Mac, is a series of several lines of personal computers designed, developed, and marketed by Apple Inc. The first Macintosh was introduced by Apple's then-chairman Steve Jobs on January 24, 1984; it was the first commercially successful personal computer to feature a mouse and a...
software
Computer software
Computer software, or just software, is a collection of computer programs and related data that provide the instructions for telling a computer what to do and how to do it....
developer
Software development
Software development is the development of a software product...
and publisher
Software publisher
A software publisher is a publishing company in the software industry between the developer and the distributor. In some companies, two or all three of these roles may be combined ....
located in Glenview, Illinois
Glenview, Cook County, Illinois
Glenview is a suburban village located approximately north of downtown Chicago in Cook County, Illinois. As of the 2000 census, the village population was 41,847...
, active from 1989 to 1997. Storm Impact's development team consisted of David Cook and artist Tom Zehner, with help from Dan Schwimmer and Dave Friedman. Storm Impact initially licensed their products to third-party publishers, but switched to self-publishing their products as shareware
Shareware
The term shareware is a proprietary software that is provided to users without payment on a trial basis and is often limited by any combination of functionality, availability, or convenience. Shareware is often offered as a download from an Internet website or as a compact disc included with a...
in 1993.
Products
Storm Impact's first product was the computer role-playing game TaskMakerTaskMaker
TaskMaker is a role-playing video game for the Macintosh developed by Storm Impact. The original black-and-white version was published by XOR Corporation in 1989. In 1993, Storm Impact released an upgraded shareware version of TaskMaker featuring color graphics and compatibility with newer versions...
, released in 1989 by XOR Corporation. In 1990, XOR released Storm Impact's most commercially successful published product, the skiing
Skiing
Skiing is a recreational activity using skis as equipment for traveling over snow. Skis are used in conjunction with boots that connect to the ski with use of a binding....
sim
Sports game
A sports game is a computer or video game that simulates the practice of traditional sports. Most sports have been recreated with a game, including team sports, athletics and extreme sports. Some games emphasize actually playing the sport , whilst others emphasize strategy and organization...
MacSki. MacSki was reviewed positively in Macworld
Macworld
Macworld is a web site and monthly computer magazine dedicated to Apple Macintosh products. It is published by Mac Publishing, which is headquartered in San Francisco, California...
, and was inducted into the Macworld Game Hall of Fame as Best Sports Game for 1990.
In 1993, Storm Impact released its most commercially successful shareware
Shareware
The term shareware is a proprietary software that is provided to users without payment on a trial basis and is often limited by any combination of functionality, availability, or convenience. Shareware is often offered as a download from an Internet website or as a compact disc included with a...
product, an upgraded version of TaskMaker. In 1994, Storm Impact released an upgraded shareware version of MacSki.
In 1996, Storm Impact released the shareware shoot 'em up
Shoot 'em up
Shoot 'em up is a subgenre of shooter video games. In a shoot 'em up, the player controls a lone character, often in a spacecraft or aircraft, shooting large numbers of enemies while dodging their attacks. The genre in turn encompasses various types or subgenres and critics differ on exactly what...
Asterbamm and the technical support
Technical support
Technical support or tech support refers to a range of services by which enterprises provide assistance to users of technology products such as mobile phones, televisions, computers, software products or other electronic or mechanical goods...
utility
Utility software
Utility software is system software designed to help analyze, configure, optimize or maintain a computer. A single piece of utility software is usually called a utility or tool....
Technical Snapshot. David Cook describes both releases as "sales bombs". In 1997, Storm released The Tomb of the TaskMaker, a sequel to TaskMaker.
Litigation
In 1998, Storm Impact and David Cook sued Software of the Month Club, a California corporation that distributed a commercial shareware compilation CD-ROM including the shareware versions of TaskMaker and MacSki. Storm Impact and Cook alleged that Software of the Month Club's distribution of Storm Impact's products constituted copyright infringementTrademark infringement
Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees...
, unfair competition
Unfair competition
Unfair competition in a sense means that the competitors compete on unequal terms, because favourable or disadvantageous conditions are applied to some competitors but not to others; or that the actions of some competitors actively harm the position of others with respect to their ability to...
, false designation of origin, and deceptive trade practices
Unfair business practices
Unfair business practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practices by business, often against consumers and are prohibited by law in many countries. For instance, in the European Union, each member state must regulate unfair business practices in...
.
United States District Judge James Zagel
James Zagel
James Block Zagel is a United States district judge for the United States District Court for the Northern District of Illinois and a novelist.- Early life and education :...
found for Storm on the count of copyright infringement, stating that Software of the Month Club "unquestionably violated the express restrictions of both TaskMaker and MacSki, eviscerating any claim that Storm effectively consented to unlimited distribution of its products by posting them on the Internet." Storm was awarded $20,000 in statutory damages
Statutory damages
Statutory damages are a damage award in civil law, in which the amount awarded is stipulated within the statute rather than being calculated based on the degree of harm to the plaintiff. Lawmakers will provide for statutory damages for acts in which it is difficult to determine a precise value of...
.
Demise
Storm Impact's owner David Cook attributes the company's demise to market change and undercapitalizationUndercapitalization
Under-capitalization refers to any situation where a business cannot acquire the funds they need. An under-capitalized business may be one that cannot afford current operational expenses due to a lack of capital, which can trigger bankruptcy, may be one that is over-exposed to risk, or may be one...
. He notes a number of contributing factors: the Macintosh's market share had declined, game technology progressed beyond the company's ability to produce a competitive product, and the company's shareware model meant that developers had to process orders and support products years after their release.