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Subject: Re: [Warzone-dev] Draft for a mail to the FSF Date: Mittwoch, 4. Oktober 2006 18:55 From: Dan Ravicher <[EMAIL PROTECTED]> To: Dennis Schridde <[EMAIL PROTECTED]> Mr. Schridde, Unfortunately, the Software Freedom Law Center cannot offer to represent you in this matter. However, I will try to assist by answering your questions in a general sense below. > Am Mittwoch, 27. September 2006 23:02 schrieben Sie: >>> 1. Does the readme.txt give us any indication on what license the data >>> was released under, ie. does "as is with no guarantees" give us any >>> permissions (like an implicit "with no restrictions", since they don't >>> mention any)? The language itself may not confer an express license, but the conduct associated therewith may confer an implied license. Further, if you or others have put the copyright holder on notice of your use and they do nothing to object to that use, you may also claim laches and equitable estoppel against them to prevent them from asserting their claims against you for the use you identified to them. >>> 2. Is there a way to legally distribute the game data without further >>> word from the copyright holders? The best course of action is to probably tell your licensees what the facts are: (1) The source code has been licensed under the GPL; (2) Other aspects of the program have been released for free to the community under terms that imply the right to modify and redistribute; (3) Attempts to clarify the licensing of those other portions have been to no avail because the copyright holder has not responded to express requests for clarification. ... and not draw a legal conclusions. You could include something along these lines with supporting references in the license file or copyright notice. >>> 3. How can we best ensure that the possible legal ambiguity of the >>> license does not threaten or opens up to lawsuits on the project and >>> anyone who distributes our builds of the game? Attempting to contact the copyright holder in a documented fashion is one excellent step to take. If you've done a good faith analysis of the situation and attempted to ensure you are complying with the copyright holder's wishes, that goes a long way towards mitigating your and your licensees potential exposure for any legal action. >>> 4. Does it make sense to try to contact Eidos on this matter? Yes, you should attempt to contact them, as they may very well now be the copyright holder since they acquired the original developer. Make sure to retain copies of all correspondence you send to or received from them. >>> I intend to post your replies to our mailing list ([email protected]) >>> to keep the other members updated; if you do not want your answer >>> publicised, please state so clearly. Feel free to do so. Warm regards, Daniel B. Ravicher Legal Director Software Freedom Law Center 1995 Broadway, 17th Fl. New York, NY 10023 (212) 461-1902 direct (212) 580-0800 main (212) 580-0898 fax [EMAIL PROTECTED] www.softwarefreedom.org ---------------------------------------------------------------------- This message is intended only for the designated recipient(s). It may contain confidential or proprietary information and may be subject to the attorney-client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive this in error, please notify the sender by reply e-mail and delete this message. Thank you. ---------------------------------------------------------------------- -------------------------------------------------------
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