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General discussionA Question for you Lawyers(9 posts)solved(9 posts)solved
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Posted April 13, 2015
OK, here's the deal:

I maintain an installer for a source port of Descent. Descent was released back in 1995 for PC and Mac. The Mac release had higher-quality textures, which I'd like to include. The problem is, the only way to include them is by actually using the Mac files (we can't extract the textures). Now I believe that when someone purchases the PC version, that they only have a license for it, and NOT the Mac data files. So just replacing the PC version with the Mac version inside the installer is out.

What are the legalities, though, of creating a .diff of the PC and Mac versions? Then shipping the installer with the .diff and patching the PC version TO the Mac version during install? So no data files would actually be shipped...just instructions for the computer to convert the PC files to the Mac files.

What think?
Post edited April 13, 2015 by A_Future_Pilot
This question / problem has been solved by Geralt_of_Riviaimage
Posted April 13, 2015
This is probably highly jurisdiction dependent. But in some jurisdictions it MIGHT fall under fair use or similar rules. Of course if you manage to get permission from the copyright holder then everything is fine.

IANALBIASFAMAINLHIDCCL.
Post edited April 13, 2015 by Kristian
Posted April 13, 2015
Hmmm...I guess I could just ASK Interplay, huh?
Posted April 13, 2015
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A_Future_Pilot: What are the legalities, though, of creating a .diff of the PC and Mac versions? Then shipping the installer with the .diff and patching the PC version TO the Mac version during install? So no data files would actually be shipped...just instructions for the computer to convert the PC files to the Mac files.
Since the Mac version was used to create the diff file the diff is a derived (sometimes also called derivative) work and thus you can not distribute it without getting permission of the person holding the rights to the original.

If the "I'm just shipping instruction how to create the files" excuse would fly then anybody who would want to distribute copyrighted material would only need to transform it in some way (for example zip or rar it) and claim they are not actually distributing copyrighted material but data that an unpacker can use to create said material.

That would make it impossible to sue for copyright infringement.


Disclaimer: I am not a lawyer but I have studied computer science and we do get lectures on IT related laws here at university so I do know a fair bit about copyright.
Posted April 13, 2015
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A_Future_Pilot: What are the legalities, though, of creating a .diff of the PC and Mac versions? Then shipping the installer with the .diff and patching the PC version TO the Mac version during install? So no data files would actually be shipped...just instructions for the computer to convert the PC files to the Mac files.
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Geralt_of_Rivia: Since the Mac version was used to create the diff file the diff is a derived (sometimes also called derivative) work and thus you can not distribute it without getting permission of the person holding the rights to the original.

If the "I'm just shipping instruction how to create the files" excuse would fly then anybody who would want to distribute copyrighted material would only need to transform it in some way (for example zip or rar it) and claim they are not actually distributing copyrighted material but data that an unpacker can use to create said material.

That would make it impossible to sue for copyright infringement.

Disclaimer: I am not a lawyer but I have studied computer science and we do get lectures on IT related laws here at university so I do know a fair bit about copyright.
That makes sense. Thanks!
Posted April 13, 2015
As you've already accepted, your scheme probably wouldn't work. If I were you I would ask Interplay, who knows. Maybe they would sanction such use.

Also wouldn't it be nice if Gog here could provide the original mac resources? They're already selling "Descent for Mac", although it's probably just the DOS version with dosbox.
Posted April 13, 2015
How awesome it is to read 'This problem has been solved by Geralt of Rivia'. : D
Posted April 13, 2015
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jdsgn: How awesome it is to read 'This problem has been solved by Geralt of Rivia'. : D
I aim to please, even if the problem does not require the use of a silver sword. :-)
Posted April 13, 2015
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jdsgn: How awesome it is to read 'This problem has been solved by Geralt of Rivia'. : D
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Geralt_of_Rivia: I aim to please, even if the problem does not require the use of a silver sword. :-)
Though those are the funnier parts :b
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General discussionA Question for you Lawyers(9 posts)solved(9 posts)solved
(9 posts)solved