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Locutus
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ACS CTP1/2 Manager & Civ4 Co-Manager
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Hengelo, The Netherlands
Nov 1999
time: 06:31
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Is it trolling when you're right? 
The EULA specifically disallows distribution of the code, epsecially commercial distribution, without prior written consent of Activision. A lot about the EULA is ambiguous, but anyone should who read it should be able to figure that out. Gerzson's first post at least to me certainly didn't seem to follow this requirement, so Leland's reaction wasn't out of place (though the warez reference might have been).
His intentions may have been well, but by his passive attitude gerzson did force me to go through the trouble of contacting both him to point out the EULA and Activision to notify them of a possible attempt to (commercially?) distribute the code. If many more people with such an attitude pop up, this project is gonna give me a lot of extra work -- and not the kind of work I would have hoped for...
Gerzson,
My contact at Activision told me this: "There should be no issue with [putting the code on DVD] assuming he doesn't charge for it. If he does then he needs written consent from us prior to releasing the material."
So if you're spreading the DVD free of charge you can put the code on it no problem (as long as it's in the original form, or in some other form that requires users to agree to the EULA before they can access the code). If it's not free, you'll have to contact Activision yourself through official channels (which, I'm guessing, are here: http://activision.com/en_US/corporate/contact.html).
Edit: no wait, the EULA mentions contact info itself (in the very last paragraph), that would probably be even better to use.
Last edited by Locutus on 05-11-2003 at 04:02
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mr_sanity
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quote:
Originally posted by Locutus
16) Am I allowed to use a CVS server to develop the game? (added 2003-11-6)
The EULA forbids keeping copies of the source code for reasons other than backup. Using a CVS server would require you to keep a copy of the code for another reason, so is therefore not allowed.
Activision's interpretation is that the use of CVS servers and similar tools is allowed, as long as anyone who has access to the code has agreed to the EULA. |
You may wish to ammend the answer to this question. The entire purpose of CVS is to provide a backup of the code that you are currently working on. CVS is simply an application that facilitates tracking changes to your code and going to a previous version if something goes wrong (i.e. a backup).
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MrBaggins
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I just miss... "blood will run"
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Vasc
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Lisboa, Portugal
May 2000
time: 05:31
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Let us see how you will feel if Activision in the future wants to pull the carpet from under your feet and remove the right you seem to think you have to work on the source code and distribute source code/binaries.
quote:
You agree not to sell, rent, lease, license, distribute or otherwise transfer the Call to Power II Source Code, or any copies of the Call To Power II Source Code, without the express prior written consent of Activision. |
I see people in here, working in closed CVS trees, hiding behind click through licenses, thinking they are safe. Perhaps you should read the license again. Have you got your express written consent (i.e. a paper, signed and rubber stamped) from Activision?
Remember:
quote:
LIMITED USE LICENSE. Activision grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of the Call to Power II Source Code solely and exclusively for your personal, non-commercial use. |
The license is non-transferable. Even if you have a signed piece of paper granting you a license. Which you do not have.
It is very nice to live in fantasy land, where people tell you they really don't mean to do something, cross my heart and hope to die, but then the contract you agreed to says another thing altogether. These things have a tendency to bite back. It may take days, months, years. So what if the current people in charge of Activision are all right with what you are doing? Management of corporations changes, so does policy. Better to cover one's ass while one can.
I am not a lawyer. But I know that contracts are supposed to be read. You have your own mind, do whatever you think is best. I wouldn't touch that code with a 10 foot pole.
All the best.
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Locutus
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ACS CTP1/2 Manager & Civ4 Co-Manager
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Hengelo, The Netherlands
Nov 1999
time: 06:31
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Vasc,
I've been in contact with Activision regarding the interpretation of the license and (as I've noted in the FAQ), they seem to interpret it very liberally. Basically, they only want to ensure that the code (or products derived from it) won't be sold. As long as you distribute everything free of charge, they are very lenient. I know that's not how the EULA reads and how most people would interpret it, but eventually their interpretation is the only one that matters.
My personal impression is that the EULA is so restrictive only so that Activision can be absolutely certain that they have a legal leg to stand on when someone does cross the line and they want to be able to recall them. 'Normal' use of the code, within the directions they give us, should never cause anyone to get into trouble.
I specifically asked them about using CVS servers and 3rd party distribution and they specifically gave us explicit permission to do these things (as long as everyone who can access the code has signed the EULA). Of course a license that actually reflected their interpretation would be preferable, but this gets the job done and in the end that's what matters.
Apolyton has had a good relationship with Activision that goes back a long time, and we know they keep their word, also when it comes to these legal issues. Activision could almost certainly sue Apolyton for millions if they really wanted to, but they've never done so. Quite the opposit in fact, as I think the release of the source code on this site (among other things) proves.
I know their word is not necessarily legally binding (actually, by Dutch law it is, but one's word is always hard to (dis)prove; and if you want to take the safe road I don't think you can assume the same to be the case by Californian law) and that a lot of people wouldn't trust big companies like Activision if their life depended on it, but not trusting Activision to keep their word regarding this license is really just paranoia if you ask me...
Last edited by Locutus on 25-11-2003 at 13:21
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Vasc
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Lisboa, Portugal
May 2000
time: 05:31
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Like the way SCO, formerly Caldera Linux, is angering the Linux community? Thank God I am paranoid. Like I said, company administrations change, policy changes.
Last edited by Vasc on 25-11-2003 at 23:49
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kaan
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Aarhus
Mar 2001
time: 05:31
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The for the source code is almost identical with the license that you agree to when opening the scenario editor and we have been living with those rules for "new game material" for a long time without even being told to remember the disclaimer “THIS MATERIAL IS NOT MADE OR SUPPORTED BY ACTIVISION.” and that is pretty large by my standards.
klaus
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All times are GMT. The time now is 05:31.
Apolyton Time is 00:31. |
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05-11-2003 03:21
IMHO just licensing the source code under the GNU GPL would be good enough. Someone could resell it, but Activision would be able to do the same as they would be forced to release their code in the open as well. Besides, a major part of any game is the data, the source code by itself is useless. Not to mention Activision would still hold the rights to the name "Civilization: Call to Power". ID Software has no qualms releasing their old source code for Doom II and Quake I/II under the GNU GPL and they actually make it a major business to re-sell their engine source code. This would not be the case here.
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