🚀 go-pugleaf

CO> Yep, it's my opinion.  And the distribution terms may be the wrong
CO>segment to be looking at, anyway.  As an interesting exercise, let's
CO>lay out some parameters and knock it around a bit.  As always, these
CO>are my opinions, and I'm no lawyer, I'm here to tell you <grin>. But,
CO>as the poet said, "Come, let us reason together:"

Ok, lets.  First off, lets stop dancing around the issue and say what
this is really all about.  This all stems from the dialog between
Interplay and Sirius Software (Developers of the Game Connection) on the
Major BBS newsgroup.

To sum it up for those who haven't seen it, Sirius initially contacted
Interplay about adding GC support to Descent.  Interplay refused,
presumably because they intend to set up their own on-line service for
Descent.

Now Interplay is having a cow because Sirius has figured out a way to do
this without interplay's help.  That's the real reason for all this
legal mumbo jumbo, is it not?

CO>  3. If no special code has to be written to allow players to connect
CO>thru a server, then there MAY be a case that a provider could include a
CO>Descent play area on his server and include the price of play in his fee
CO>for access to the service.

CO>  4. If special code DOES have to be written to allow such play, then
the CO>game instantly becomes a derivative product, by virtue of the
fact that CO>new code is written and the game is no longer the same
product issued CO>with the license.  Creating derivative products
without the permission CO>of the rights holder is, of course, disallowed
by copyright law.

The way I understand it, the program operates as a TSR outside of
Descent.  It does not modify the program code in any way, it mearly
re-routes the packets to the comm port.  If I'm wrong, and the program
does modify the code, then you are correct.  Otherwise, it is just
modifying the packets sent out by the game, not the game itself.

Or to use your own analogy of the car, this is like renting a car and
using a radar detector with it.  This may not be the use of the
cigarrette lighter that is intended by the rental company, but
nonetheless, they provided the cigarrette lighter, and the radar
detector does not physically modify the car in any way, thus no
violation has occured.

CO>  5.  So, by the reasoning in points 1-4 above, even writing a packet
CO>sniffer for your host server to allow Descent (or any other game, for
CO>that matter) creates a derivative product.  And charging a fee for a
CO>derivative product without the consent of the rights holder is unlawful,
CO>as is the mere act of creating a derivative product.

Your only copyright is for the Descent code.  IPX packets are not
copyrightable, as far as I know.

CO>  6.  Then there's the use of the Descent trademark and copyright for
CO>advertising such a service.  Use of those without the permission of the
CO>rights or mark holder is clearly unlawful.  That's why theres copyrights
CO>and trademarks in the first place <grin>.  So even if such a service to
CO>be provided, the service provider couldn't legally advertise it in any
CO>manner without the permission of the rights holder.

I'll give you that one.

CO>over and above the fee that lets you take physical possession of it and
CO>drive it off my lot.

CO>  However, I can't sit you down with a map and charge you a toll for
CO>every road you're going to use, for the privilege of letting you mingle
CO>the car with others on the road.

This analogy isn't even close to the issue at hand.  And probably not
true, I'm sure rental agencies can set up their fee structure any way
they like, as long as the customer is aware of this before they sign the
contract.

CO> My opinions are my own, not Interplay's. They used to be the opinions of

Same here.  I am not associated with Sirius or any Game Server company
in any way, I'm just a customer that feels like he's getting screwed.
FWIW, this whole thing has left me with a very bad taste in my mouth
regarding Interplay.  Rather than choose to compete, as ID did with
DWANGO, your trying to hide behind all this legal crap.  The net result
will be your gain, and your customers loss.

Perhaps in the next round of this discussion we can talk about
anti-competitive issues.  I'll bet that one will be interesting.

Cobra


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