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Lord_Davinator
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Kathmandu
Nov 2000 time: 11:00
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as far as I can say: NO... most of those files were free for download
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SpencerH
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Co-Ruler of my patch of land south of Birmingham Alabama
Feb 2002 time: 23:30
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Wrongo. those mods are ours. A good analogy is music sampling. If I use part of your copywrited song in my own song, I may owe you (something) for its use, or you may prevent me from using your work. But, you dont own my song just because I included some of what you created in my creation. So, those of us who have mod-ed the original game or components have certainly infringed on Firaxis copywrite (although it may be argued that such infringement was expected given the inclusion of an editor and the historical precedent from civ2) and they are entitled to compensation for their effort or to stop our use of their material. BUT, they are not entitled to include our mods on their disc as if it is their material either. You'll note that ATARI have been clear that people submitting mods for inclusion with C3C must own the copyright to that material i.e. someone at ATARI knows what they're doing. The EULA is a red herring that could easily be fought by someone who wanted to (and had the money).
Maybe I have a warped perspective, I just found it odd how infogreed handled the mods included with PtW. Personally, I was tickled to see my small unit mods included with such a great scenario.
As for software piracy, I agree that it is a problem. But let me point out that I, like many others, started playing games such as civ with pirated versions. Later on, we purchased follow on games (hell, I even purchased the original after civ2 was out). Why do you think that MS whined about piracy in the early years but didnt use copy protection for their material? Because we used it! Our piracy and use of the OS's and Office suite, when there were still decent alternatives, built the MS monopoly.
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TheArsenal
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Sunny Southern California
Mar 2002 time: 21:30
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Spencer H:
To put it as simply as possible, the sampling analogy is not a valid one. This assumes the intellectual property governing music and literature, and the proprietary rights of use of elements of the game, are the same. They are not. Music can be used by means of simple and fair compensation. Not so for things like Civ series.
A better example is the patent and copyright elements used by drug makers. A drug is exclusive property of the drug maker, and so are all elements making it up as it creates the whole. Let's, for example, say Viagra, which is manufactured by Pfieffer. It is wholly protected against "free competition". Not only can you not manufacture and market Viagra, but if you create a drug based upon specific composition of Viagra - say you add something to it - and Pfeiffer can prove it, they can stop you. Or claim ownership of the drug you make as long as Viagra is under protection.
You as a licensed user have no rights to any protected elements of the game. By the very nature of creating mods using nothing but the elements of the game, you are creating property which rightfully belongs to Atari. If you threw a fit, you may be able to prevent them from using a mod you created - and I doubt this seriously - but in no way could you claim you should be compensated or stake any ownership claims whatsoever. It's just how it works.
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TheArsenal
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Sunny Southern California
Mar 2002 time: 21:30
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I'm really not sure what you're saying. There are several issues being blended and confused here. And again, I simplify: how you come into possession of an intellectually protected item, whether by license, like the game, or by purchase, like the pill, or even if by theft, matters not in the slightest. The other issue confused here is that protection methods for all types of intellectual property are the same. They are not.
As far as the drug analogy goes I am suggesting nothing whatsoever. Nor am I trying to write law. I am simply explaining why you do not own the rights to the mod and why your music analogy did not apply. Whether the protection is absurd or not, or how these issues are sorted in the future, are entirely different matters of opinion and of no concern to me. I am simply explaining the law to you.
Often when people are at odds with a legal concept they don't like, or they feel is stupid, they confuse what they see as being "morally" right against the ability of the (legal) concept to stand up against legal tests and challenges. Not the same thing. Even if you are "right". The following phrase may not make sense on the face, but it helps get the mind around what I mean:
"It's not just a bad idea, it's the law". Take it to heart.
And: my absolute last post that has nothing to do with game play.
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WarpStorm
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Right down the road
Nov 2001 time: 00:30
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First off this has nothing to do with copy protection. It has to do with legally binding contracts.
quote:
END-USER VARIATIONS: So long as You fully comply, at all times, with this License, Infogrames Interactive grants to You a limited, personal, revocable, non-exclusive right to: (i) use the Software's toolset feature to create Your own Civilization III: Play the World modules ("Modules"), and (ii) create Your own modifications to work with the Software (e.g., custom data files not created using the toolset) (the "User Conversions", and together with the Modules, the "Variations"). Your rights to create Variations are subject to the following restrictions: (1) Your Variations must only work with the full commercial version of the software game Civilization III: Play the World; (2) Your Variations must not contain modifications to any executable file; (3) Your Variations must not contain any libelous, defamatory, pornographic, obscene, or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party, or contain any trademarks, copyright-protected work or other property of third parties, or contain any viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (4) You may not rent, sell, lease, lend, offer on a pay-per-play or timesharing basis or otherwise commercially exploit or commercially distribute Your Variations (including, without limitation, hosting pay-per-play servers, hosting pay-per-download web-sites for Variations including sites that charge for bandwidth use, and independently selling Variations online, at retail, mail order, etc.). We may take any action with respect to your Variations if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Without limiting the foregoing, You expressly acknowledge and agree that in no event shall You have the right or license to make any modification (whether using the toolkit or otherwise) to any portion of the Software for the purpose of creating any data file, executable, or other derivative work that is intended to operate in a stand-alone mode, with any pre-release or beta version of Civilization III or Civilization III: Play the World, or any software program other than Civilization III: Play the World. You acknowledge that Infogrames Interactive owns all right, title and interest in and to any and all Variations.
DISTRIBUTION AND SERVING OF MODULES AND USER CONVERSIONS: So long as You fully comply at all times with this License, Infogrames Interactive grants to You the limited, personal, revocable, non-exclusive right to: (i) distribute Your Modules or User Conversions by means of providing a copy of the actual Module or User Conversion code to other users (e.g., via ftp, email, disc copies, etc.) (collectively "Distribute"); and (ii) to allow other users to play Your Modules by means of hosting Your own Civilization III: Play the World server whereby You retain sole possession of Your Module (collectively "Serve") (Serving User Converions is not possible).
INFOGRAMES' USE OF VARIATIONS: If You Distribute, or permit others to Distribute, Your Variations, You acknowledge that such Distribution by You shall in no way limit Infogrames Interactive's right to use and distribute such Variations by any means, and to make such modifications thereto as Infogrames Interactive deems are necessary to package, combine, and otherwise distribute such Variations. Infogrames Interactive will make a reasonable effort to provide credit to You in the event it uses or distributes Your Variations, but You acknowledge that identifying You and/or other Variation creators may be difficult, and any failure by Infogrames Interactive to provide credit to any person shall not be a breach of this License and shall in no way limit Infogrames Interactive's rights to use and distribute any Variation.
REVOCATION OF RIGHTS: Infogrames Interactive may at any time and in its sole discretion revoke Your right to make Your Variations publicly available (whether You are Distributing or Serving), provided that Infogrames Interactive shall not revoke Your right to Distribute a Variation if Infogrames Interactive is, at the time of such revocation, using or distributing such Variation.
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panag
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MY WORDS ARE BACKED WITH BIO-CHEMICAL WEAPONS
Oct 2000 time: 07:30
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hi ,
okay , but here comes the catch , actually two , ....
one ; if a law is unlawfull it does not count , so in other words they can write what they want , if it aint legal it does not count , and often there are such cases , ...... infogrames had them last year , ......
two ; these laws may not count in your part of the world , ........ (!)
the UK and the US have a completely different law system then any country where napoleon passed ( europe ) , he left behind a different set where he went and till this day it still forms the basic law in those countries , ......
have a nice day 
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vmxa1
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Oviedo, Fl
Nov 2001 time: 21:30
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quote: Originally posted by panag
one ; if a law is unlawfull it does not count , so in other words they can write what they want , if it aint legal it does not count , and often there are such cases , ...... infogrames had them last year , ......
two ; these laws may not count in your part of the world , ........ (!)
the UK and the US have a completely different law system then any country where napoleon passed ( europe ) , he left behind a different set where he went and till this day it still forms the basic law in those countries , ......
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One ignores the law at their own peril. People do that all the time, until someone catches them. If your point is that this agreement could be challenged and over tunred. Yes it could and may be, but until then, it is binding. Lots of people have paid big time for ignoring agreements.
I can not address laws in other countries, but to say that in the end, if a given country will not protect copyrights and such, they will find doing business to be difficult. Other countries and companies will be unwilling to risk it. This has been a problem for the far east.
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