+Tailspin Posted March 1, 2008 Posted March 1, 2008 I don't know what I was thinking. Most of my mods for First Eagles are based on other people's work. Those folks may not want it redistrubited beyond what they gave me permission to do. So please hold off on modding my mods until we see where everyone is on this. Thanks. TS
+Tailspin Posted March 2, 2008 Author Posted March 2, 2008 Ok. There will be restrictions on some of my mods that use certain other people's work. I have suspended those mods until I can revise the Readme files to reflect those restrictions. Not a big deal AFAIC. Anything I have created myself will be unrestricted but you'll still have to READ the README to make sure.
+76.IAP-Blackbird Posted March 2, 2008 Posted March 2, 2008 I think this is a litlle overratted, cause of givin people credits in the readme is a good choice... But if not... it`s free ware!! And we are ONE BIG comunity ...
Wrench Posted March 2, 2008 Posted March 2, 2008 I think this is a litlle overratted, cause of givin people credits in the readme is a good choice... But if not... it`s free ware!! And we are ONE BIG comunity ... You've obviously never been involved in the major pissing contests that goes on behind the scenes or the Infamous "Mod Wars". TS is doing the correct thing. There are more things going here, than you can possibly know. Or imagine. OTH, spelling "overrated" as overratted" might not be far from the truth Wrench kevin stein
+76.IAP-Blackbird Posted March 2, 2008 Posted March 2, 2008 Yup you`re right... never understand what is the prob .. cause everyone work just for fun and why not work together?! ... human being a mystery
+Tailspin Posted March 2, 2008 Author Posted March 2, 2008 Thanks Kevin. Actually the rift between some folks in the mod community has been much improved lately and I'm not about to be a party to making it worse again. In this case its not really going to change how it was before a lot of us decided to freely share OUR work. All I'm going to do is rewrite the Readmes to make it perfectly clear to everyone what is what and what you can and can't use without permission. Bottom line: I respect the right of anyone to decide how they want their work to be handled. If I use their work then I will abide by their wishes. I don't have a problem with that at all.
column5 Posted March 3, 2008 Posted March 3, 2008 Actually the rift between some folks in the mod community has been much improved lately Only on the surface...only on the surface...some continue to seethe and plot and we must be vigilant lest daggers creep into our backs.
+Tailspin Posted March 3, 2008 Author Posted March 3, 2008 Only on the surface...only on the surface...some continue to seethe and plot and we must be vigilant lest daggers creep into our backs. :ph34r: I said some.
+Dave Posted March 3, 2008 Posted March 3, 2008 Only on the surface...only on the surface...some continue to seethe and plot and we must be vigilant lest daggers creep into our backs. Wasn't it Col Mustard in the library, with the candle holder?
Stwa Posted March 3, 2008 Posted March 3, 2008 Only on the surface...only on the surface...some continue to seethe and plot and we must be vigilant lest daggers creep into our backs. I'll have to admit that I know very little about the back rooms of the modding community. In fact, if never occurred to me that they existed. But through correspdance with others here at COMBAT ACE, over time, I am receiveing an education at least. Generally, I would expect a certain percentage of that behavior when money is involved. But on the surface, I cannot detect any money. But there must be some money somewhere, or the expectation of some money. If not, then an infantile culture of behavior is perhaps perpetrated by the anonomous nature of the internet. I am probably giving this too much thought. But its been a while since I looked at the EULA for Wings over Vietnam and Europe, and if I remember correctly then, any material that originates from these games (modified or otherwise), or is produced by tools distributed by BG or TW (I assume), and subsequently disributed in the public domain, becomes the inttelecutal property of Bold Games. Or so, I thought. Maybe Bold Games isn't around anymore. I am not sure.
column5 Posted March 3, 2008 Posted March 3, 2008 But its been a while since I looked at the EULA for Wings over Vietnam and Europe, and if I remember correctly then, any material that originates from these games (modified or otherwise), or is produced by tools distributed by BG or TW (I assume), and subsequently disributed in the public domain, becomes the inttelecutal property of Bold Games. Or so, I thought. Maybe Bold Games isn't around anymore. I am not sure. I don't know off the top of my head but that does not sound like something TK would have allowed.
Stwa Posted March 3, 2008 Posted March 3, 2008 (edited) I don't know off the top of my head but that does not sound like something TK would have allowed. Perhaps, but maybe the inverse is true as well. Maybe that was the only agreement Bold Games would allow. You never know, but it should be easy enough to check. I think this EULA was printed in the original WOV manual. Someone would have to retrieve one, and see if it is actually there and says what I mentioned, and then determine if it still applies. In regards to permissions and ownership. Perhaps posters should be much more specific as to what they think they "own" when they post something. I assume ownership conveying the rights to permission, etc.. Perhaps a community policy should describe a standard for specifying ownership, and this could be included in a read-me file, for a given upload. In regards to add-on terrains, I am definately no expert, but I have heard of situations, where "authors" claim ownership of HFD files that were created with the Terrain Editor. (a TW software) tool. In the case of HFD files, these required USCG DEM files as input, that may be in the public domain, which in turn were processed into HFD files by a user pressing the correct sequence of buttons. Also, regarding some game INI files, perhaps some have claimed ownership of synatax, procedural sequences, formatting, defined and constant patterns, and acculuated ideas or thought, all elements thay maybe combined to form the original files, which were of course created by Third Wire, not the "creators" of a specified terrain. Edited March 3, 2008 by Stwa
Wrench Posted March 3, 2008 Posted March 3, 2008 I've always gotten the feeling the TK wanted people to mod the sim...to see how far it could be expanded, "peaked and tweeked" and, literally, stretch it to the breaking point. I'll have to dig out my SF box, and see if the EULA is in the printed manual. OK...got this out of the WoE pdf manual (you know, that folder that no one looks at...) LICENSE AGREEMENTPLEASE READ CAREFULLY. BY USING OR INSTALLING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY RETURN THE PRODUCT IN ITS PACKAGING TO THE PLACE WHERE YOU OBTAINED IT. 1. License. The software accompanying this license (the “Software”) and the related documentation are licensed to you by us and are subject to this license. If the Software is configured for loading onto a hard drive, you may so load the Software only onto the hard drive of a single computer and run the Software off only that hard drive. You may not delete the copyright notices or any other proprietary legends on the original copy of the Software. If there is an editor incorporated into the Software, this license is also subject to Section 8 below. You agree that the Software will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing such matters) by you or anyone at your direction and that will not utilize and will not authorize anyone to utilize, in any other manner, the Software in violation of any applicable law. The Software may not be downloaded or otherwise exported or reexported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving such property. 2. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material. You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on the Software (except as permitted in Section 7, below), disassemble or otherwise reproduce the Software. You may not rent, sell, lease, sublicense or distribute the Software. You may not offer the Software on a pay-per-play basis or otherwise commercially exploit the Software or use the Software for any commercial purpose. You may not electronically transmit the Software from one computer to another or over a network. 3. Termination. This license is effective until terminated. You may terminate this license at any time be destroying the Software and related documentation. This license will terminate immediately without notice from us if you fail to comply with any provision of this license. Upon termination, you must destroy the Software and related documentation. 4. Disclaimer of Warranty on Software. You are aware and agree that use of the Software and the media on which it is recorded is at your sole risk. The Software, related documentation and the media are provided “AS IS”. Unless otherwise provided by applicable law, Destineer, Inc. (“Destineer”) warrants to the original purchaser of this product that the Software storage medium will be free from defects in material and workmanship under normal use for ninety (90) days from the date of purchase. This warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. DESTINEER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DESTINEER OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORYS, AGENTS,LICENSORS, LICENSEES, SUBLICENSEE OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for the Software. 6. Controlling Law, Merger and Severability. This license constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation and shall be governed by Minnesota law. Should any portion of this license be held void, illegal or otherwise unenforceable, such portion shall be severed from the license and the remainder of the license shall be enforced to the maximum extent possible. Editor and End-user Variations. <-- edit: this MAY be Section 7 (a) The Software may include an “Editor”. An “Editor” is a feature that allows you to modify the Software or to construct new variations for use with it. These modifications and variations can be both playable and non-playable. An Editor includes its associated tools and utilities. An Editor is NOT shareware. You may not freely distribute it to any BBS, CD, floppy or any other media. You may not sell it or repackage it for sale. (b) Using the Editor, you may create modifications or enhancements to the Software, including the construction of new levels (collectively referred to as “Variations”), subject to the following restrictions: i. Your Variations must only work with the full, registered copy of the Software, not independently or with any other software. ii. Your Variations must not contain modifications to any executable file. iii Your variations must not contain any libelous, defamatory, or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party, or contains any trademarks, copyright-protected work, or other recognizable property of third parties. iv. At least once in every online description and with reasonable duration on the opening screen, your Variation must prominently identify (i) the names and email addresses of its creators, and (ii) the words, “THIS LEVEL IS NOT MADE BY OR SUPPORTED BY Destineer, Inc., or any of such parties affiliates and subsidiaries.” v. Your Variations must be distributed solely for free. Neither you nor any other person or party may sell them to anyone, commercially exploit them in any way, or charge anyone for using them. You may exchange them at no charge among other end-users. vi. By distributing or permitting the distributor of any of your Variations, you hereby grant back to Destineer an irrevocable, worldwide, royalty-free right to use and distribute them by any means. vii. The prohibitions and restrictions in this section apply to anyone in possession of the Software or any of your Variations. 8. Copyright. The Software and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software are owned by Destineer, Inc., or its licensors and are protected by United States copyright laws, international treaty provisions and all applicable law, such as the Lanham Act. You must treat the Software like any other copyrighted material, as required by 17 U.S.C. section 101 et seq. and other applicable law. You agree that you are receiving a copy of the Software by license only and not by sale and that the “first sale” doctrine of 17 U.S.C. section 109 does not apply to your receipt or use of the Software. Please do not make unauthorized copies. The program you’ve purchased was produced through the efforts of many people who earn their livelihood from its lawful use. Don’t make copies for others who have not paid for the right to use it. To report copyright violations to the Software Publishers Association, call 1-800-388-PIR8 or write: Software Publishers Association, 1101 Connecticut Ave.., Suite 901, NW, Washington, DC 20036 This program is protected by United States federal and international copyright laws. All trademarks mentioned in this manual are property of their respective owners. YOU MAY NOT DISTRIBUTE THIS VERSION OF THE SOFTWARE. © 2006 Destineer Publishing Corp. WINGS OVER EUROPE is a trademark of Destineer, Inc. Bold Games is a trademark of Destineer Publishing Corp. All rights reserved. The ratings icon is a trademark of the Entertainment Software Association. All other trademarks are properties of their respective owners. All rights reserved. Interesting to note, that "Section 7" seems to be missing??? see "edit in red above" Wrench kevin stein
column5 Posted March 3, 2008 Posted March 3, 2008 Boilerplate. I'll take this into account the next time I make "levels" for WOV.
Stwa Posted March 3, 2008 Posted March 3, 2008 Boilerplate. I'll take this into account the next time I make "levels" for WOV. Yes, boilerplate indeed, but the language is sufficient to convey to the user/reader, that game variations, are in fact not owned, or held in liscence, by others, the creators of said variations notwithstanding.
column5 Posted March 3, 2008 Posted March 3, 2008 The problem with using Destineer's boilerplate to make that statement is that ThirdWire is the actual holder of the rights to the core game files, including many files which ThirdWire sells in other products not produced by Destineer, including SFP1 and WOI. Plus, no one is ever going to enfoce it and TK says he supports both freeware and payware that leverage the "open" portions of his game. So I'm not sure exaclty what your point is...but...I agree with you that we can't take ThirdWire's files and "re-license" them in a legal sense because we don't actually own them. This is really about how we are going to operate as a community, not a legal matter.
Stwa Posted March 3, 2008 Posted March 3, 2008 The problem with using Destineer's boilerplate to make that statement is that ThirdWire is the actual holder of the rights to the core game files, including many files which ThirdWire sells in other products not produced by Destineer, including SFP1 and WOI. Plus, no one is ever going to enfoce it and TK says he supports both freeware and payware that leverage the "open" portions of his game. So I'm not sure exaclty what your point is...but...I agree with you that we can't take ThirdWire's files and "re-license" them in a legal sense because we don't actually own them. This is really about how we are going to operate as a community, not a legal matter. Since we are seeing just a single document, it is generally not wise to jump to too many conclusions. However, if this were the only document, then it seems to contradict your assumption of Third Wire as the party that binds a liscence with any third party user. Third Wire perhaps is just the developer of said software. At least for WOV and WOE. It would be a good idea for the community to adhear to the letter of the law, and enforce, (i.e. not neglect or ignore), the legally binding EULA. Arguments are in a sense posturing, the intensity of the argument is driven by what motivation? The point(s) could be many, but he who does not own, or does not hold liscence, cannot demand or expect a right of permission.
column5 Posted March 3, 2008 Posted March 3, 2008 However, if this were the only document, then it seems to contradict your assumption of Third Wire as the party that binds a liscence with any third party user. Third Wire perhaps is just the developer of said software. At least for WOV and WOE. If you are concerned about this issue, you really should post on the ThirdWire forum becuause TK is the only person that can give a definitive answer. We should not be speculating on it, regardless of how interesting it may be.
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