Co8 breaking Atari's user agreements?

Discussion in 'General Discussion' started by XVicious, Jan 25, 2014.

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  1. XVicious

    XVicious Established Member

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    Does anybody else think that the CO8 might have broken Atari's rules about
    EDITOR AND END-USER VARIATIONS
    adding trademarks too the game might be considered breaking the RULES under the
    liscence;
    not only that; the part also states USER is not to re-create or distribute the
    executable files (i.e. CO8's moddified EXE)

    another part that might seem scetchy, is that , the reason the Server
    sight CO8.org exist's was because they are trying to profet from the
    word of exploiting the TOEE game, and trying to draw user's into donating to
    keep the Server running, to stay tuned to new exploits.

    from user agreement:
    EDITOR AND END-USER VARIATIONS
    If the Software includes a feature that allows you to modify the Software or to construct
    new variations (an 'Editor'), you may use such Editor to create modifications or enhancements
    to the Software, including the construction of new levels (collectively the 'Variations'),
    subject to the following restrictions. Your Variations: (i) must only work with the full,
    registered copy of the Software; (ii) must not contain modifications to any executable file;
    (iii) must not contain any libelous, defamatory or other illegal material, material that is
    scandalous or invades the rights of privacy or publicity of any third party; (iv) must not
    contain any trademarks, copyright-protected work or other property of third parties; and (v)
    may not be commercially exploited by you, including but not limited to making such Variations
    available for sale or as part of a pay-per-play or timesharing service.
     
  2. Zoltec

    Zoltec Pгōdigium

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    Your question is bold and intriguing. Suffice to say, the co8 team had indeed included the modified executable file on their recent installer pack, which may be present on their older packs too, which I had no evidence at the moment ( well I don't have to! ). When a user downloads the modpack, the user also breaches the agreement. Check section (iii). Quite destructive isn't it? I can only suggest that they remove it in their future modpacks.

    The co8.org has a sponsor, that is the sorcerers.net. That means the sorcerers.net provides donations to co8.org to keep the server alive. I believe the mod cannot develop into it's current state, without the use of a server. This forum keep us in one place, a pretty ideal place to share and mod the game. People have their choices, if they would tend to donate or not, that's their choice. If they break the agreement that's their choice. Atari is dwelved into different matters, they can tolerate this if they want to, as long as, the market value/share is increased then its good enough, although the downside is they can also stab at any moment (x7). :evil_laug

    Ag's editor for ex. is not based on any original editor owned by the company. It's made from scratch, it's not a variant, so he can have copyrights on it, this is understandable. But to make sure that there aren't any loosed screws on the leash, he made it open-sourced.
     
  3. Daryk

    Daryk Veteran Member

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    Short answer: no. The original game doesn't come with an editor, so that entire section about end-user variations doesn't apply. And as far as "distributing the executable files", Co8 doesn't do that. The Co8 mod requires you to have the original game (which the mod pack changes, hence "mod"). If anything, Co8 is driving more sales of the game through GoG and others. I don't think Atari has anything to complain about.
     
  4. Zoltec

    Zoltec Pгōdigium

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    I'm sorry. But truth be told, it's included in the co8 installer. If you want to check, run the co8 installer executable and install its contents in a temporary folder. :anger:

    Anyway, I don't have any grudges with the co8 team. I'm just pointin' out something, that will affect the mod's reputation. Good thing XVicious, has popped the balloon in the right time.
     
  5. Daryk

    Daryk Veteran Member

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    Hmmm... seems you're right about the exe file. If you search for the forum for "license", you'll find some of the old discussion on this topic. It seems Atari is officially turning a blind eye to this effort. As I said, if anything, the Co8 is driving sales at GoG and elsewhere, since you have to have the original game for the mod to work.
     
  6. Shiningted

    Shiningted I changed this damn title, finally! Administrator

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    I am reliably informed that the GoG .dll includes material by the early Co8 modders (the ubiquitous 'Moebius fixes' etc) so I think the trademark argument goes both ways.

    This has not only been discussed here, it was openly discussed on the Atari forums in the past also. By 'turning a blind eye' Atari were legally providing tacit permission to Co8 to improve their game for the good of all involved (imho).

    Co8, on the other hand, will not provide permission, tacit, implied, explicit or otherwise, for discussions like this. XVicious, I haven't been keeping up with all your posts so I am not 100% sure what led to this but to say Co8 exists to 'profet' from 'exploiting' ToEE is extremely offensive (whether as an assertion or even as a point of casual discussion) and will not be tolerated. Please review forum rule #1.

    Thread closed.
     
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