Am Donnerstag, 5. Oktober 2006 12:44 schrieb Dennis Schridde: > A short interpretation of this letter by me. > > > 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. > > So a documented notification of the copyright holder (Eidos, s.b.) is > needed. (Shall I ask him whether this can happen via email or should better > be done via certified mail?) > > > >>> 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. > > That sounds similar to the idea to simply use the readme.txt as a license > for the data, doesn't it? > Sounds sensible to me, we just need to setup a text for distribution... > > > >>> 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. > > Again he says we should contact the copyright holder. > > > >>> 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. > > Eidos is possibly the copyright holder and we shall contact them for that > matter. PS: Any ideas how he thinks that Eidos should be contacted? (email or certified mail, a simple notification "we are WZR and are using that data" or asking for clarification again)
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