Home | Legal Synopsis | Units | Designers | Downloads |
Legal Synopsis Someone asked me, |
|
It's simple: compatible formatting is legal. Let me put it this way, let's say Cavedog has a copyright on their file format. That would mean any attempts to make files compatible with it, without their permission, would be illegal. That means 3Do Builder, Gaf Builder Pro, HPI Pack, etc..would all be illegal pieces of software. But, in reality, Cavedog let it go. It wouldn't matter if the tools were sold or free, the fact that the file formats were cracked is actually where the law falls. But since Cavedog let it go, they virtually said they are allowing the format to be public. Okay, so then, if they don't control the format, what do they control? Answer: intellectual property. That is, their textures, models, sounds, names (Arm, Core....), story, animations, GUI, etc, etc. So how do you get around it? By supplying %100 new intellectual property. So I did just that. Then I supplemented it by also supplying music and videos, which have no tie to Cavedog at all. So, simply put, nothing on the disc is their "intellectual property." Merely a collection of files, some of which were formatted to run in their game. I also never reference their game in any way except to say the files are compatible. No story about the Mynn/Arm/Core. No reference to the Total Annihilation fictional universe. Nothing. So then you may ask, what about the "Copyright Cavedog" line in the FBI files? First, it's nothing more than an additional piece of formatting to fit the game. Technically, if the copyright did mean anything, all units free or not would be illegal. Because if they were copyrighted by Cavedog, then unit makers would all be illegally distributing non-Cavedog approved units(as is stated by their license agreement, the Cavedog files can't be distributed). But, then you say, Cavedog must have approved indirectly because they never stopped anyone? Exactly. They also never stopped me, though I contacted them directly. So I have both law and precedent on my side. (The fact is, some of the first unit makers were worried that their free units were illegal.) Intellectual property is copyrighted to the owner immediately after its creation, whether or not a copyright notice is displayed with it or not. The notice is simply a reminder, not an enforcer of the law. With that said, I think when people say "illegal" they really mean "immoral" because they feel cheated. In truth, why am I obligated to give them to a bunch of whiners? You know? I might still give the units out free anyway. As far as someone buying it and giving it away for free: nobody has yet. Why? Because it comes with a legal agreement which binds them. It says if they distribute, they give me authority to sue. Again, I researched all this. I talked to tech industry people, lawyers, and read the laws and legal cases myself. I sincerely doubt an TA-gamer ever took the time like I did to read the laws. I hope this helps, Chris Jorgensen |