tinyBuild has taken Max Ent Games Ltd., formerly known as Merge Games, to court over royalties connected to Smalland: Survive the Wilds. The publisher claims that more than $1.9 million is owed before interest and legal costs.
However, there is an important detail behind that headline: Max Ent Games reportedly isn’t claiming that no royalties are owed at all. Instead, the disagreement appears to revolve around how those royalties should actually be calculated.
For GamingHQ, that makes this considerably less straightforward than tinyBuild’s announcement might initially suggest.
tinyBuild Files Lawsuit Against Max Ent Games
tinyBuild LLC filed its lawsuit against Max Ent Games on August 11, 2026, in the United States District Court for the Western District of Washington.
The case is listed as a contract dispute, with tinyBuild alleging that Max failed to pay royalties connected to Smalland.
Two days later, tinyBuild publicly announced the lawsuit and claimed that the amount it believes Max owes exceeds $1.9 million, excluding interest and legal costs.
Importantly, that $1.9 million figure is tinyBuild’s allegation. It has not been established by a court.
tinyBuild also stated that Max acknowledges royalties are due but disagrees with tinyBuild over how the amount should be calculated.
That distinction matters.
This Is a Dispute Over the Amount
There is a major difference between refusing to pay someone anything and disputing how a contract says royalties should be calculated.
Based on the information currently available, this appears to be the latter.
Max Ent Games has not publicly provided a detailed explanation of its calculation, meaning there is currently no way for outsiders to determine which company’s interpretation of the agreement is correct.
That will ultimately be something for the legal process to establish.
Until then, GamingHQ does not believe tinyBuild’s $1.9 million figure should simply be treated as money Max unquestionably owes.
It is a disputed claim.
GamingHQ Is Standing With Max Ent Games
GamingHQ is siding with Max Ent Games while this dispute plays out.
Our own experiences have left us deeply critical of how tinyBuild handles relationships when money, control and disagreements become involved.
We have previously had our own dispute involving tinyBuild and Deadside. That experience significantly damaged our trust in the company and changed how GamingHQ approaches tinyBuild and its games.
Because of that history, seeing another dispute escalate into legal action naturally raises concerns for us.
GamingHQ considers tinyBuild’s approach excessively aggressive when financial disagreements arise. From our perspective, relationships surrounding games and the people making or supporting them should not become disposable the moment money becomes contested.
That is our editorial position based partly on our own experience. It should not be confused with a finding by the court regarding the current Max Ent Games case.
Developers Should Not Become Collateral Damage
There is another reason we are watching this situation closely: Smalland itself.
Smalland: Survive the Wilds spent time in Early Access before reaching its full release in February 2024. Max Ent Games has since been working on Smalland 2: Lost Realms.
Whatever disagreement exists between tinyBuild and Max should remain between the companies involved.
Developers, employees and the future of the Smalland franchise should not become collateral damage in a fight over royalty calculations.
The gaming industry has already seen far too many talented developers lose projects, jobs and opportunities because of decisions made far above them.
GamingHQ does not want to see another team dragged through uncertainty because two companies disagree over money.
$1.9 Million Is tinyBuild’s Number
This is perhaps the most important point.
Max reportedly acknowledges that royalties are due. What remains disputed is the calculation.
tinyBuild says that calculation produces a bill exceeding $1.9 million.
Max apparently disagrees.
Without the complete contract and both parties’ calculations being publicly available, nobody outside the case can responsibly declare which number is correct.
A lawsuit being filed does not automatically make the plaintiff’s version of events true.
tinyBuild now has to make its case.
GamingHQ Hopes Max Ent Games Fights Its Corner
GamingHQ hopes Max Ent Games receives a fair opportunity to defend its interpretation of the agreement and that the dispute can be resolved without harming the developers or future of Smalland.
We aren’t going to pretend to be neutral about our opinion of tinyBuild. Our previous dealings with the company have given us little reason to extend it the benefit of the doubt.
But our criticism doesn’t decide a lawsuit either.
The evidence does.
If tinyBuild can demonstrate that its royalty calculation is contractually correct, the legal process can establish that. Likewise, Max deserves the opportunity to demonstrate why it believes tinyBuild’s calculation is wrong.
For now, there is a $1.9 million allegation, not a $1.9 million judgment.
And GamingHQ will be watching closely to see what happens next.
