Hi Tyler,
As a rule, licenses apply to a product for decades after the author's death (I 
believe texts such as books are 70 years). Therefore, 
its safe to presume that whatever license is listed still applies.
Just because a product isn't supported doesn't mean it can be distributed for 
free. This said, since we're working with free titles 
in the first place, you're probably less likely to get sued than if you were 
distributing a modded version of say time of conflict.
If you want to be license safe, distribute your mod as a zip file. Include the 
sound files that you've changed, and have your users 
extract those files into the game's folder.
Do keep in mind that since you're dealing with movie clips, those clips are 
probably under copyright, and the media industry is 
notorious for suing everyone and everything they can. I'm no expert on fair use 
laws, so can't comment on whether or not your 
project would fall in that category, but I'd suspect that if someone complains 
to film producer x, they may send you a polite 
message asking you to take the mod down.
On the other hand, Jim Kitchen's games included a huge amount of small clips 
like this, so the question here is really one of theory 
versus practice.

Best,
John

--------------------------------------------------
From: "Tyler Zahnke" <programmer...@gmail.com>
Sent: Friday, December 23, 2016 12:59
To: <gamers@audyssey.org>
Subject: [Audyssey] making a mod of an unsupported Draconis game

I put a support ticket into Draconis about this a long time ago, but
they never answered, possibly because they don't talk about
unsupported games on their support line, for obvious reasons. But I am
making a mod of ESP Whoop Ass. One day, I looked at the material I had
gathered during my visit to AGArchive, and I noticed that ESP Whoop
Ass and Christmas Whoop Ass were really the same computer program
packaged with different files, so I figured I'd make my own mod using
clips from a movie I like. Now, the game comes with a license, but how
does that license apply since ESP Whoop Ass doesn't seem to be
supported these days? Can I legally distribute my mod of this game for
free?
Tyler Z
Mini Nifty Media

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