Licenses?

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Elwood

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Hello,

We are creating a DVD with several games for AmigaOS.
The DVD will be sold to cover production cost and to finance new developments (both porting and new game design).

We would like to release SRB2 on our DVD but there is not copyright notices in the SRB2_v206.exe file I downloaded from www.srb2.org so I don't know what are licenses that I should follow.

Anyone knows if we are we allowed to release the AmigaOS port?

Thank you
 
Says it right in the game's quit screen: "This game should not be sold!" in large, red letters. You are not allowed to put SRB2 onto anything that you're selling for money, regardless of whether or not you're attempting to make a profit. Also, it's 2013, so selling a DVD repackage of freeware seems behind the times at best, shady at worst.

You are allowed to port the game to other platforms if you want, though. While I'm not the best reference in terms of licensing, SRB2 is built off of the Doom Legacy source base, which is licensed under GPLv2. Do be aware that we own the copyright to a significant percentage of the IWAD and other resource files.
 
Thanks.
We don't strictly sale the game but more the porting effort and the DVD making.
Anyway, to have several licenses is often too complicated to take the risk and release the game :-(

I'll remove SRB2 from the DVD then.
 
I been wanting to ask this question.
Does accepting donations count as making a profit?
Is the donations allowed in that case for srb2?
Just curious.
 
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We do not accept donations either. In fact, we've made it a point to not take anyone's money for any reason whatsoever.

The main reason for this is that SRB2, like all fan games, is a trademark violation. SEGA could shut us down for any or no reason at all if they wanted to. While it doesn't actually prevent such things, not making any money off of the project makes it clear that we're just fans having fun as a hobby instead of trying to use SEGA's intellectual property to make money for ourselves, which is the type of thing that company lawyers generally frown upon.
 
If all else fails, you could always rename it to Mighty No. 42.
 
@Mystic

Yes, it's what I understood: do not make money to keep lawyers away.

Maybe explaining just that in a "License.txt" file in the distribution would make sens.
 
There's already a page on the site explaining the legal measures of SRB2, so it would be rather pointless to make a text file with the game. It should also be common sense that fan games shouldn't be used to make money, anyway.

However, I think I'd like a more in-depth explanation over SRB2's copyrights for unique content, as I've never understood it. The fact that a fan game holds copyrights over its features at all is a bit silly to me, but what's more confusing is that SRB2 is open source.
 
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SRB2 is open source because of legal issues with the actual engine, DOOM Legacy, IIRC.
It's why even mods like SRB2Kart and Bomberman are all forced to provide it.
 
Well, I can explain to the best of my understanding, but I'm not a lawyer, so don't take this as legal advice.

Sonic the Hedgehog is a trademark of SEGA. A trademark is a legal way of saying that they own the name and design in a certain business. For example, if you opened a restaurant and named it "McDonalds", McDonalds could sue you to change the name because they have the trademark on the name McDonalds for food places. However, the Sonic restaurant chain can use the name Sonic because SEGA's trademark only applies to video games and other related content that they registered for. All fan games by definition are trademark violations, because they are video games using a company's trademarked character.

SEGA also owns the copyright to the Sonic franchise. Copyright is a legal way of enforcing your ownership of content that you produce by allowing you to determine who has authority to make copies of it. If you go draw a silly doodle in MS Paint, you now own the copyright to that silly doodle and you can sell it and if someone is making copies without your permission, you can sue them for copyright violation. Copyright applies not only to the entire work, but also various parts of the work as well. SRB2 is a copyright violation because we use various art assets and sound effects from the Sonic franchise without permission.

SRB2's code is based on Doom Legacy, which is a source port of Doom. Doom's code is licensed under the GPLv2, an open source license. The basics of that license are that the code is open source and any derivative works must also remain open source. This is why SRB2 itself and any mods of SRB2 must provide our source code, and why you're allowed to modify SRB2's code and release your own edition without any input from us or the developers of Doom.

SRB2's resource files (srb2.srb, zones.dta, etc.) are not part of the GPL, however. They are a combination of our own original content and the copyrighted content of others (SEGA's sound effects, for example). Just because the code is open source doesn't mean that the rest of the game is, and Doom is actually exactly the same way. While Doom itself was open sourced a long time ago, Doom's IWADs continue to be copyrighted and you have to pay id for them. This is where we, as the developers, hold copyright, as the original content we created is still our original content and copyright applies to it.

So, putting all of this together, what does it all mean? Well, first off, since we're a trademark and copyright violation, SEGA could shut us down at any time they want to by exercising their intellectual property rights. This is why we're so adamant about not having money involved in the SRB2 project, because we're doing this as fans as a hobby, and the instant you start taking money, then it becomes a business and it's very much in SEGA's interest to shut down people making money off of their property.

Second, and unrelated to the first point, we own the copyright to the original content in SRB2's resource files, and therefore can still disallow people from copying it without permission. Obviously, as a freeware game, we don't enforce such copyright restrictions and allow people to copy and redistribute it as much as they want, with two exceptions: the game files cannot be modified (leaving credits intact, for example) and no money can be charged for the files. This is how we can say "This game should not be sold!" and have it be legally enforceable, because we still own the copyright to parts of the game that are included in the package.

In practice, all of this wall of text never comes up in reality. Basically the only times we've had to enforce our copyright on others was to shut down shady eBay freeware resellers who were including our game on disks that they were selling. Unless you're trying to sell the game like our shady OP was attempting to do, our copyright doesn't affect you at all.
 
Basically the only times we've had to enforce our copyright on others was to shut down shady eBay freeware resellers who were including our game on disks that they were selling.

Wasn't there also that incident involving Toxic Plateau a while back? Not quite sure if that counts or not.
 
Wasn't there also that incident involving Toxic Plateau a while back? Not quite sure if that counts or not.
That wasn't really an action taken by us as a group. Remember that the creator of individual WAD files retains their copyright as well. This is why we don't allow people to release ports of old content without the original author's permission, for example. The original author retains copyright of their own work.
 
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