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Re: [Enigma-devel] Oxyd 2000


From: Ralf Westram
Subject: Re: [Enigma-devel] Oxyd 2000
Date: Thu, 14 Oct 2004 08:36:19 +0200

Hi Tacvek,

> This message has been sent to the list, not to nicosoftgames.

Daniel only cc'd to the list.

>> 2) The executable oxyd2000.exe is a (slightly) modified version of
>> enigma.exe.  Removing my name from the credits screen is not very nice,
>> to say the least.  You have every right (and opportunity) to claim
>> credits for *your* work, but not for mine.
> If you had included a copyright symbol before your name on the credits
> screen this would also be a violation of the GPL.

Excerpt from the GPL:

| We protect your rights with two steps:
| (1) copyright the software, and

     ~~~~~~~~~~~~~~~~~~~~~~

| (2) offer you this license which gives you legal
| permission to copy, distribute and/or modify the software.

So why should copyright symbols violate anything.

> Besides it is just wrong.

What?

>> 3) It appears that your level editor includes some of Enigma's graphics
>> files in the .exe file.  I'm not going to pick nits here, but a strict
>> interpretation of Enigma's license does not allow this unless the whole
>> editor is distributed under the same terms as Enigma (i.e., certainly
>> not shareware!).  I don't consider this a problem in this particular
>> case, but you should at least have asked!
> A shareware level editor for a GPL'ed game just seems wrong!

Seems - but isn't. Otherwise nobody would have the right to write
commercial applications for Linux (e.g. like vmware is).

The GPL even allows to create an Enigma-clone and take a (probably
high) fee for copying or for the support you offer (like SuSE or
Mandrake do), as long as the GPL is provided with it and the modified
source code is made available.

As Daniel mentioned: The problem with the level editor is including
the enigma graphics (and of course removing our copyrights). Providing
it together with enigma and simply using the graphic files laying
around, wouldn't be a problem.

>> PS: I don't think it's wise to include the Oxyd magnum data file with
>> Oxyd 2000.  Dongleware still holds the copyrights for this one, as far
>> as I know.
> I doubt it is any big deal, copyright violation is only a problem if the
> copyright holder
> files charges related to it. Seeing as Meinolf Schneider has ignored all
> attempts to contact
> him about OXYD I doubt he would prosecute anybody.

Might be true, but I wouldn't count on that. As well he might get
short on money some day and suddenly start caring about these issues.
:)

But - oxyd was so called "bookware", encouraging you to freely copy
the program itself as you like. So it is no problem to make the
complete oxyd available.

It's as well legal to let enigma automatically search for the oxyd
files on your harddisks - or to write a seperate tool that downloads
the complete oxyd versions and then installs the needed files into the
enigma directory.

But simply including these files (seperated from the rest-oxyd) into a
enigma- or enigma-clone-distribution is in fact a copyright violation.

Ralf


-- 
If at first you don't succeed, skydiving is not for you.




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