Not sure, but wouldn't Conitec be a middleware client in this case? When I read correctly currently only middleware clients they're having a deal with do not have to pay a fee, right? Others seem to pay $50k ...
I belive that would be the publisher, as they are making the profit off of the engine. In questionable circumstances I always(try) to take the high road..and ageia doesn't have a large enough user base to be a mainstay right now.(physics will grow, in implementation of course).MHO
Ageia is grower much faster then I expected. You can find PhysX support in many games on the market right now.
You are most likely right, however, Conitec needs to talk to them about becoming one of their clients before we could release 3DGameStudio/PhysX support. But you could probably use PhysX with 3DGS right now as a 3rd party DLL.
That is basically what I mean..they are growing(already large), but they will not allways have this monopoly..so to speak. This and the thought of paying huge fee's for an indie game makes me cry...boo hoo(actually I am not even interested in them)..blahblahblah