You would have to alter it in more than name alone Krunch, the maps characters and everything would have to be different, and the plot or it would still not meet the definition of legal. I think that is what you meant by certain obvious differences, but I wasn't sure. This is copyrighted material here and these licenses are put into place to ensure that you don't go into competition with the owner of the material, using his own material. That wouldn't be quite fair would it, almost like being stabbed to death with your own sword. This is a fansite modding a copyrighted game. So IMO, since it is non-profit, isn't truly in competition with the manufacturer and really only promotes sales of an existing game, that is why we are left alone. Besides the bad PR angle, ATARI thanks there their loyal fansite by having it put to death. Just doesn't make good headlines. If we went to a new engine and out on our own things may be much different from a legal perspective.(See Attachment 1)(See Attachment 2). Attachment 1 - Opinion Disclaimer MIND YOU THIS IS ONLY MY OPINION AND I MAY BE 100% WRONG ABOUT ALL OF THIS. Attachment 2 - Content Disclaimer This thread is not really about General Modification and may be better off as a General Discussion Thread Topic.
As I was trying to communicate, according to my sources (including the author of the OGL) the software FAQ at best holds out dubious hope and at worst is downright misleading. The gist is that section 8 would be violated by a binary executable because it is impossible for a casual reader to identify which portions of the binary executable represent OGL content. Once you dig into this issue a bit, there is a thinly veiled implied threat of "just try it and see how fast you're sued--why do you think nobody's done an OGL video game already?" We decided we didn't want to be the test case.