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45-451: Night Dive Studios, Inc. ( trade name : Nightdive Studios ) is an American video game developer based in Vancouver, Washington and a subsidiary of Atari SA . The company is known for obtaining rights to abandonware video games, updating them for compatibility with modern platforms, and re-releasing them via digital distribution services, supporting preservation of older games . Many of

90-490: A Reddit AMA in 2016. In February 2015, Kick announced that the studio was working on re-releasing PowerSlave for digital distribution services with the bonus of porting the Sega Saturn version into the package. Kick also announced that he was working with the original developers of Noctropolis and the original source code and the updated package will feature remastered music, widescreen support and bug fixes . Using

135-420: A DBA must be registered with a local or state government, or both, depending on the jurisdiction. For example, California, Texas and Virginia require a DBA to be registered with each county (or independent city in the case of Virginia) where the owner does business. Maryland and Colorado have DBAs registered with a state agency. Virginia also requires corporations and LLCs to file a copy of their registration with

180-467: A DBA statement, though names including the first and last name of the owner may be accepted. This also reduces the possibility of two local businesses operating under the same name, although some jurisdictions do not provide exclusivity for a name, or may allow more than one party to register the same name. Note, though, that this is not a substitute for filing a trademark application. A DBA filing carries no legal weight in establishing trademark rights. In

225-516: A businessperson writes a trade name on a contract, invoice, or cheque, they must also add the legal name of the business. Numbered companies will very often operate as something other than their legal name, which is unrecognizable to the public. In Chile , a trade name is known as a nombre de fantasía ('fantasy' or 'fiction' name), and the legal name of business is called a razón social (social name). In Ireland , businesses are legally required to register business names where these differ from

270-528: A possible earnout of $ 10 million in cash over three years. Wade Rosen, Atari's CEO and chairman , had previously bought 13% of Nightdive Studios under his company Wade J. Rosen Revocable Trust. Atari expected the acquisition to be completed in April 2023. It was finalized on May 15. Nightdive released a remaster of Turok 3: Shadow of Oblivion in November 2023. The game's original source code had been lost, so

315-458: A registered legal name and a fictitious business name, or trade name, is important because fictitious business names do not always identify the entity that is legally responsible . Legal agreements (such as contracts ) are normally made using the registered legal name of the business. If a corporation fails to consistently adhere to such important legal formalities like using its registered legal name in contracts, it may be subject to piercing of

360-486: A site that is familiar from diving there during the day. The diver who is more familiar with the site is less likely to be disoriented. Excessively strong lights can scare off or stress nocturnal animals. and may make them more vulnerable to predation while regaining their vision. Similarly, divers will be dazzled by lights shone in their eyes, and will take some time to recover night vision, during which they will be less able to deal with contingencies. Dive light discipline

405-454: Is also sometimes used. A company typically uses a trade name to conduct business using a simpler name rather than using their formal and often lengthier name. Trade names are also used when a preferred name cannot be registered, often because it may already be registered or is too similar to a name that is already registered. Using one or more fictitious business names does not create additional separate legal entities. The distinction between

450-645: Is called a razón social . Night diving Night diving is underwater diving done during the hours of darkness. It frequently refers specifically to recreational diving which takes place in darkness. The diver can experience a different underwater environment at night, because many marine animals are nocturnal . There are additional hazards when diving in darkness, such as dive light failure. This can result in losing vertical visual references and being unable to control depth or buoyancy, being unable to read instruments such as dive computers and diving cylinder contents gauges, and potential separation from

495-476: Is considered a normal part of occupational diving. Normal requirements for night diving are a dive light , and adequate protection from exposure. Some precautions and skills for night diving include: avoiding shining the light in other divers' eyes, to be aware of and use surface light signals for bearings, and if appropriate to use an illuminated shotline buoy . A surface marker buoy with an attached strobe light or cyalume stick can be used to indicate

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540-454: Is more difficult in larger groups. Black-water diving is the night time equivalent of blue-water diving which is mid-water diving in deep open oceanic waters. If a diver surfaces away from the boat, dive lights can be used to signal the dive boat. A surface marker buoy can be illuminated with a dive light at night to increase the visibility of the dive team to the boat. Reflective tape surfaces can also be used to increase visibility of

585-470: The No One Lives Forever franchise. Kick responded to these rumors by saying that the company could not comment on future releases for the time being. Kick later revealed that they had indeed been working on trying to acquire the publishing rights for both No One Lives Forever and its sequel, to the point where they had the original source code to construct a remake of the title, but could not get

630-475: The System Shock series, and are considering developing a third title in the series, as well as remakes for both previous titles, working with original concept artist Robert Waters for some of the design. In August 2015, Night Dive announced it was working on remasters for Turok: Dinosaur Hunter and Turok 2: Seeds of Evil . The first game was released in 2015, followed by the sequel in 2017. In December 2015,

675-478: The Trilobyte games The 7th Guest and The 11th Hour . In 2014, Night Dive Studios re-released 28 edutainment games from Humongous Entertainment , as well as the adventure game Bad Mojo . The company also generated speculation that it might be planning to re-release The Operative: No One Lives Forever , as news sources took notice of a Night Dive Studios trademark filing that included material referencing

720-459: The United Kingdom , there is no filing requirement for a "business name", defined as "any name under which someone carries on business" that, for a company or limited liability partnership, "is not its registered name", but there are requirements for disclosure of the owner's true name and some restrictions on the use of certain names. A minority of U.S. states, including Washington , still use

765-546: The trademark was retained by the game's publisher, Electronic Arts . Starting in October 2012, Kick sent various emails to Star Insurance Company to inquire about the status of the series' intellectual property (IP). To his surprise, the company's legal counsel responded within a few days, asking Kick what he was planning to do with the IP. Star Insurance Company had recently acquired the System Shock trademark from Electronic Arts but

810-549: The 1999 game System Shock 2 but found that the CD-ROM version he had brought no longer worked on his netbook. Kick looked for fan-made patches for the game and tried purchasing an updated version via GOG.com to no avail, and he discovered that there no longer was a legal way to obtain the game. The rights to the System Shock franchise had been acquired from its defunct developer, Looking Glass Studios , by Star Insurance Company (a subsidiary of Meadowbrook Insurance Group), while

855-418: The U.S., trademark rights are acquired by use in commerce, but there can be substantial benefits to filing a trademark application. Sole proprietors are the most common users of DBAs. Sole proprietors are individual business owners who run their businesses themselves. Since most people in these circumstances use a business name other than their own name, it is often necessary for them to get DBAs. Generally,

900-461: The company earlier to establish a plushie business, Kick remained in his position until 2012. After also quitting his job, he and Banegas, then his fiancée, commenced a nine-month-long road trip from San Diego through Mexico and Central America. To pass the time during this trip, Kick brought a netbook and several classic video games to play. While staying in a hostel in Guatemala, he wished to play

945-465: The company employs 40 people, including Larry Kuperman as the director of business development . Most staff work remotely, with locations including San Francisco and New Zealand. According to Kick, this distribution allows the studio to operate "on pretty much a 24/7 basis", while employees collaborate via GitHub , Jira , and Slack . However, he noted that this setup also caused a lack of in-office socializing and camaraderie . While researching for

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990-509: The company had licensed the System Shock IP to OtherSide Entertainment , headed by former Looking Glass Studios creative director Paul Neurath, for the development of System Shock 3 . In May 2016, Night Dive Studios rebranded as Nightdive Studios. In March 2023, Atari SA announced that it had agreed to acquire Nightdive Studios for US$ 10 million . The price is to be paid half in cash and half in newly issued ordinary shares , with

1035-534: The company's Turok 2: Seeds of Evil , Forsaken Remastered , System Shock: Enhanced Edition (via a 2018 update), Blood: Fresh Supply , Doom 64 , Quake , Shadow Man Remastered , PowerSlave Exhumed , Blade Runner: Enhanced Edition , Rise of the Triad: Ludicrous Edition , Quake II , Turok 3: Shadow of Oblivion Remastered , and Star Wars: Dark Forces Remaster , PO'ed: Definitive Edition , and Doom + Doom II , as well as

1080-401: The company's releases use the internally developed KEX Engine. Nightdive Studios was founded in November 2012 by Stephen and Alix Kick, former video game artists for Sony Online Entertainment , after Stephen Kick was unable to purchase a copy of the 1999 game System Shock 2 . He negotiated with the rightsholder Star Insurance Company, which had acquired System Shock and other assets from

1125-484: The corporate veil . In English , trade names are generally treated as proper nouns . In Argentina , a trade name is known as a nombre de fantasía ('fantasy' or 'fiction' name), and the legal name of business is called a razón social (social name). In Brazil , a trade name is known as a nome fantasia ('fantasy' or 'fiction' name), and the legal name of business is called razão social (social name). In some Canadian jurisdictions , such as Ontario , when

1170-522: The county or city to be registered with the State Corporation Commission. DBA statements are often used in conjunction with a franchise . The franchisee will have a legal name under which it may sue and be sued, but will conduct business under the franchiser's brand name (which the public would recognize). A typical real-world example can be found in a well-known pricing mistake case, Donovan v. RRL Corp. , 26 Cal. 4th 261 (2001), where

1215-544: The defunct developer Looking Glass Studios , and Nightdive Studios re-released the game via GOG.com in February 2013. The company was acquired by Atari SA in May 2023. Nightdive Studios was founded by Stephen Kick and his wife, Alix Kick ( née  Banegas ), both former character artists at Sony Online Entertainment (SOE). Kick was with Sony for three years, working on Free Realms and PlanetSide 2 . While Banegas had left

1260-553: The developers had to reverse engineer the N64 version and update the textures. Initially due to be released on November 14, Turok 3 was delayed to November 30 shortly before the intended release. Despite the announced delay, the game went live in Europe and Australia on the 14th by mistake. Nightdive Studios is headquartered out of the Kicks' house in eastern Vancouver, Washington. As of February 2022,

1305-462: The development of an updated version of Turok: Dinosaur Hunter , Nightdive Studios became aware of a reverse engineering project of the game's Nintendo 64 version by Sam "Kaiser" Villarreal. The company hired him and developed his custom game engine into the KEX Engine, allowing the developers to add modern features to older games. Aside from Turok: Dinosaur Hunter , the engine has been used for

1350-506: The funds generated by past releases, Night Dive Studios acquired the System Shock IP from Star Insurance Company in August 2015, intending to create a remake of the first System Shock . The company released an enhanced version of the original game, which adds support for more resolutions and mouselook, in September that year. Night Dive Studios has since announced it has acquired full rights to

1395-402: The law is to protect the public from fraud, by compelling the business owner to first file or register his fictitious business name with the county clerk, and then making a further public record of it by publishing it in a newspaper. Several other states, such as Illinois , require print notices as well. In Uruguay , a trade name is known as a nombre fantasía , and the legal name of business

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1440-461: The named defendant, RRL Corporation, was a Lexus car dealership doing business as " Lexus of Westminster ", but remaining a separate legal entity from Lexus, a division of Toyota Motor Sales, USA, Inc. . In California , filing a DBA statement also requires that a notice of the fictitious name be published in local newspapers for some set period of time to inform the public of the owner's intent to operate under an assumed name . The intention of

1485-407: The position of the divers to the surface team. The use of a strobe light by a diver under water can damage the night vision of other divers, and would generally be reserved as an emergency signal. A backup light can be useful if the primary light fails, and is essential if doing a decompression dive without a dive computer which can be read in the dark. There are several advantages to night diving at

1530-471: The rest of the diving group, boat, or shore cover. Even with a functioning light, these hazards are still present in night diving. Backup lights are recommended. Several diver certification agencies offer specialty training in night diving, and it was originally part of the training requirement for the second level of recreational diving ( CMAS two-star scuba diver , etc.), but professional diver training will usually include it in entry-level training as it

1575-514: The role of chief executive officer (CEO), while Banegas became the chief financial officer . The company name was inspired by their shared passion for diving, especially night diving , and Kick specifically recalled one night dive he had experienced in the Great Barrier Reef . Night Dive Studios was initially located in Portland, Oregon , later moving to nearby Vancouver, Washington . Around

1620-454: The surname(s) of the sole trader or partners, or the legal name of a company. The Companies Registration Office publishes a searchable register of such business names. In Japan , the word yagō ( 屋号 ) is used. In Colonial Nigeria , certain tribes had members that used a variety of trading names to conduct business with the Europeans. Two examples were King Perekule VII of Bonny , who

1665-469: The term trade name to refer to "doing business as" (DBA) names. In most U.S. states now, however, DBAs are officially referred to using other terms. Almost half of the states, including New York and Oregon , use the terms assumed business name or assumed name ; nearly as many, including Pennsylvania , use the term fictitious name . For consumer protection purposes, many U.S. jurisdictions require businesses operating with fictitious names to file

1710-497: The three companies with stake in the games' IP, Activision , 20th Century Fox , and Warner Bros. , to negotiate the rights. In December 2014, Night Dive Studios coordinated the re-release of the 1996 first-person shooter role playing hybrid game Strife as Strife: Veteran Edition , after acquiring rights to the game. Because the game's source code had been lost, a derivative of the Chocolate Doom subproject Chocolate Strife

1755-456: The time of the company's foundation, a French developer known as Le Corbeau released a patch for System Shock 2 that allowed it to run on modern computers. Kick was unsuccessful in contacting the developer but still used the patch as the new version's groundwork, asserting that it was the IP holder's legal right to use it. Night Dive Studios worked with Kick's former SOE colleagues and GOG.com on updates and further bugs fixes. The updated version

1800-652: The upcoming SiN Reloaded and System Shock 2: Enhanced Edition . Villarreal remains Nightdive Studios' lead engine developer as of February 2022. Trade name In a number of countries, the phrase " trading as " (abbreviated to t/a ) is used to designate a trade name. In the United States , the phrase " doing business as " (abbreviated to DBA , dba , d.b.a. , or d/b/a ) is used, among others, such as assumed business name or fictitious business name . In Canada , " operating as " (abbreviated to o/a ) and " trading as " are used, although " doing business as "

1845-608: Was fond of this idea, so Kick and Banegas, who had then almost reached the Panama Canal , returned to the United States. Arriving in New Mexico, Kick began phoning with Star Insurance Company's legal counsel and eventually reached a deal. He raised money from his friends and family to pay the license fee for System Shock 2 and establish a company. Subsequently, Kick and Banegas founded Night Dive Studios on November 7, 2012. Kick assumed

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1890-545: Was known as Captain Pepple in trade matters, and King Jubo Jubogha of Opobo , who bore the pseudonym Captain Jaja . Both Pepple and Jaja would bequeath their trade names to their royal descendants as official surnames upon their deaths. In Singapore , there is no filing requirement for a "trading as" name, but there are requirements for disclosure of the underlying business or company's registered name and unique entity number. In

1935-699: Was released onto GOG.com in February 2013. According to Banegas, the game's returns in its first month painted Night Dive Studios as a viable business. Kick decided to continue Night Dive Studios in similar efforts to bring back older games to modern systems. The company's first hire was Daniel Grayshon, a writer of System Shock modding guides based in the United Kingdom. Night Dive Studios brought System Shock 2 to Steam in May 2013. Later that year, it released updated versions of I Have No Mouth, and I Must Scream , Harlan Ellison 's 1995 game based on his eponymous short story ; Wizardry VI , VII , and 8 ; and

1980-417: Was used as the game's engine, with its original programmers being contracted to do additional coding for the re-release. The source code of Strife: Veteran Edition was made available under a GPLv3 license on GitHub on December 12, 2014. While this was the first source code opened for a Night Dive Studios release, Kick announced his commitment in recovering, preserving and also opening of more source code in

2025-434: Was wary of producing a new entry in the series given the high cost associated with such a production. Kick pitched the idea of updating System Shock 2 for modern platforms and re-releasing it via digital distribution services, including GOG.com and Steam . He argued that the game was highly sought after, as over 34,000 people had placed it onto their GOG.com wishlists, and that a re-release would be profitable. The insurer

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