>Go and READ the N2 license and what it prohibits - READ the Quake
>license and what it allows. You'll notice Quake was especially written
>with an open architecture with precisely that in mind.
Shrinkwrap licenses haven't proven to be legally binding. Just
because you include a piece of paper in the box with a piece of
software, or force someone to click "yes" in a dialog box before
a program installs, does not necessarily mean that that person is
legally bound by the text found there. Neither Sierra nor id nor
any other software company has the power to write or enforce laws,
and there's a very serious problem with the concept of agreeing
to something that you couldn't even see until after you'd handed
over your money. (Almost all software licenses say "if you don't
agree you can return this to the store for a full refund." Tell
that to the manager at Best Buy or some other slimy No Returns
On Software store and see how well it works.)
The Quake license (which may or may not be legally binding)
goes something like this: "You may not make illegal copies
of this program" (unnecessary; this is covered by copyright
law) "no warranty; if there's a bug, you can't have your
money back, and if this program blows up your computer,
we don't owe you anything" (standard software company
disclaimer boilerplate, maybe worth something in court,
maybe not) "you may make all the mods you want, as long
as they're free and they only work with the commercial
version not the free one (this is the open part)", "if you
want to charge for your mods, or run a pay server, you
have to contact us and hand over some money" (and this
isn't) "the NiN logos are owned by someone else not id so
we can't let you use them so don't."
The only real difference between id's license and everyone
else's is that id specificially allows not-for-profit
mods. Very cool of them, but they're granting you a right
that you probably already had.
Does Papyrus or Sierra have the right to tell you not to
distribute original or modified versions of their code?
Damn straight they do. It's their code, and they have
copyright on it. Do they have a right to tell you not to
distribute your own original program that modifies their
code? I sincerely doubt it, regardless of what their
(probably legally worthless) shrink-wrap license says.
But I'm not a lawyer, just some guy who's read the
copyright FAQ and browsed through the US Code on the web.
(I better stop before I start talking about how you
have just as much right to mention the Daytona Motor
Speedway in your computer game as the newspapers have
to mention it in an article the day after the race.
You can copyright specific pictures, and text, and
code, but not facts like the length of a straightaway.
You can trademark names, and logos, but you can't
keep other people from mentioning your trademarks as
long as they're acknowledged and not intended to
defraud by passing off their product as yours.)
The rights of the holders of intellectual property
are strictly defined, and they're not infinite, but of
course they won't tell you that.
Software license agreement:
By having read this far, you owe me $100. :->
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