Jed,
At first glance, I can't see why you would have anything to fear. Your
Daytona patch is essentially a set of instructions on how to move around
and relabel pieces of code that must already be resident on the hard disk
of the user (on the other hand, posting the modified track.dat file would
almost certainly attract Papyrus' attention). Sega may own the license to
distribute
a racing simulation of Daytona, but that certainly does not prohibit you from
modifying Papyrus' Taladega code, down to the details of the logos, and running
it on your computer. Clearly, you can't go out and sell this code and call it
the "Daytona Speedway Racing Simulation." But it should be OK to tell other
people how to write such a code, and much of your patch is just a very detailed
list of how to modify the Papyrus code, as opposed to being a simulation in and
of itself. But what about the reproductions of images from Daytona that you
would include in this distribution?
The registered logos might be the sticking point and is probably worth
looking into. If using a "paintbrush" program to generate likenesses of the
logos and making them available for free is illegal, then several people in
this
newsgroup have crossed that line by posting car sets. Sounds crazy, now that
we've gotten used to "downloading" lots of things for free, but who knows how
the lawyers would view this activity? I don't see why it would be illegal to
tell someone, in excruciatingly painful detail, how to make such images. But I
have not idea at what point the owners of the registered logos would start to
complain when you post .pcx files that copy their trademark. It would seem a
bit silly to have to modify the logo to "Daytuna" to avoid an inquiry from
their legal department(hopefully they are thrilled to have extra, free
publicity), but we ought to tread a little more carefully than some juveniles
on this newsgroup have suggested.
I'm curious to hear what others have to say. The advent of the Internet
raises
some interesting issues about distribution of intellectual property. To make
the analogy with photocopying, making one copy of a logo for yourself sounds
reasonable, but making 1000 and mailing them out is probably a no-no.
But where does "scanning a copy of a logo and putting it on my home page" fit
into this analogy?
Lastly, I am not a lawyer.
Happy racing!
Michael Vogeley