Okay, so my copy of ESP Whoop Ass and the mod Christmas Whoop Ass came
from agarchive.net, so is agarchive.net legal? I'm pretty sure it is.
And the clips I use are Shaye Saint John (look it up on YouTube, it is
weird!), and one of the results is a short documentary on the subject,
narrated by Carl Crew, who worked with the producer when the producer
was alive, and Carl Crew thinks it's okay to use Shaye Saint John
clips. And back to Jim Kitchen; Awesome Homer and Homer on a Harley
didn't just sample The Simpsons; they were about The Simpsons! And
Shaye Saint John is indie, The Simpsons is a big hit series! So mine
should be okay since it's just indie Shaye Saint John, and Carl Crew
who worked with the producer of Shaye thinks it's okay. I wonder if
the rule of modding this falls under the same law as abandonware,
since Draconis doesn't seem to have that game anywhere these days.
Tyler Zahnke
Mini Nifty Media


On 12/24/16, john <[email protected]> wrote:
> 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" <[email protected]>
> Sent: Friday, December 23, 2016 12:59
> To: <[email protected]>
> 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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