Re: Where to put Open Transport Tycoon (openttd)

2005-05-17 Thread Raul Miller
On 5/17/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > But for future reference, if you think that something I have written > leads inexorably to the conclusion that Debian is prohibited from > distributing Sarge CD #1, you're probably misreading it -- except when > I express that fear myself,

Re: Where to put Open Transport Tycoon (openttd)

2005-05-17 Thread Michael K. Edwards
On 5/17/05, Raul Miller <[EMAIL PROTECTED]> wrote: > On 5/17/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > > "it" = "the definition of 'derivative work under copyright law', and > > hence of 'work based on the Program'" > > And, hence, something that's licensed under the GPL. Did you happen

Re: Where to put Open Transport Tycoon (openttd)

2005-05-17 Thread Raul Miller
On 5/17/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > "it" = "the definition of 'derivative work under copyright law', and > hence of 'work based on the Program'" And, hence, something that's licensed under the GPL. > > I agree -- especially since it's the grant of license which is being >

Re: Where to put Open Transport Tycoon (openttd)

2005-05-17 Thread Michael K. Edwards
On 5/17/05, Raul Miller <[EMAIL PROTECTED]> wrote: > On 5/17/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > > But when someone does so -- as the drafter of the GPL has done > > -- I think a court should have no difficulty in acknowledging the > > licensee's right to have it construed narrowly

Re: Where to put Open Transport Tycoon (openttd)

2005-05-17 Thread Raul Miller
On 5/17/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > But when someone does so -- as the drafter of the GPL has done > -- I think a court should have no difficulty in acknowledging the > licensee's right to have it construed narrowly if he or she so requests. I agree -- especially since it'

Re: Where to put Open Transport Tycoon (openttd)

2005-05-17 Thread Michael K. Edwards
On 5/16/05, Sean Kellogg <[EMAIL PROTECTED]> wrote: > On Monday 16 May 2005 05:31 pm, Michael K. Edwards wrote: > > Raul, a work made by collecting X, Y, and Z is not a derivative work > > of X. Not even if the "selection and arrangement" involved is > > original enough to be copyrightable, and a

Re: Where to put Open Transport Tycoon (openttd)

2005-05-17 Thread Michael K. Edwards
On 17 May 2005 05:14:13 GMT, MJ Ray <[EMAIL PROTECTED]> wrote: > "Michael K. Edwards" <[EMAIL PROTECTED]> wrote: > > Have you read any of the OpenTTD web site? Here's a couple of > > snippets from the "About" page: > > > > > > An open source clone of the Microprose game "Transport Tycoon Deluxe".

Re: Where to put Open Transport Tycoon (openttd)

2005-05-16 Thread MJ Ray
"Michael K. Edwards" <[EMAIL PROTECTED]> wrote: > Have you read any of the OpenTTD web site? Here's a couple of > snippets from the "About" page: > > > An open source clone of the Microprose game "Transport Tycoon Deluxe". > > OpenTTD is modeled after the original Transport Tycoon game by Chris

Re: Where to put Open Transport Tycoon (openttd)

2005-05-16 Thread Sean Kellogg
On Monday 16 May 2005 05:31 pm, Michael K. Edwards wrote: > Raul, a work made by collecting X, Y, and Z is not a derivative work > of X. Not even if the "selection and arrangement" involved is > original enough to be copyrightable, and a fortiori if it is not (as > in the case of Quagga + Net-SNMP

Re: Where to put Open Transport Tycoon (openttd)

2005-05-16 Thread Raul Miller
On 5/16/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > > It lets you play the original. In concept, it could let you play a sequel. > > Or, it could let you play an entirely different game. But no one has > > presented any reason to think that openttd represents a sequel. > > Have you read a

Re: Where to put Open Transport Tycoon (openttd)

2005-05-16 Thread Michael K. Edwards
On 5/16/05, Raul Miller <[EMAIL PROTECTED]> wrote: > > > So where is the plagarism? How does your "siphon off the > > > commercial potential" work in this case? > > On 5/16/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > > Would you like the very paragraph from Micro Star v. FormGen? > ... >

Re: Where to put Open Transport Tycoon (openttd)

2005-05-16 Thread Raul Miller
> > So where is the plagarism? How does your "siphon off the > > commercial potential" work in this case? On 5/16/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > Would you like the very paragraph from Micro Star v. FormGen? ... > radioactive slime. A copyright owner holds the right to create

Re: Where to put Open Transport Tycoon (openttd)

2005-05-16 Thread Michael K. Edwards
On 5/16/05, Humberto Massa GuimarĂ£es <[EMAIL PROTECTED]> wrote: > De: Michael K. Edwards [mailto:[EMAIL PROTECTED] > > > > The issue isn't functional cloning. It's the fact that a video > > game is a "literary work" in the sense of having characters, > > settings, plot lines, etc., and therefore c

Re: Where to put Open Transport Tycoon (openttd)

2005-05-16 Thread Michael K. Edwards
On 5/16/05, Raul Miller <[EMAIL PROTECTED]> wrote: > On 5/16/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > > No, the artwork (if included) would be literally infringing. The > > "mise en scene" doctrine is not about literal copying, it's about the > > creation of sequels (parodies, clones, e

Re: Where to put Open Transport Tycoon (openttd)

2005-05-16 Thread Humberto Massa GuimarĂ£es
De: Michael K. Edwards [mailto:[EMAIL PROTECTED] > > The issue isn't functional cloning. It's the fact that a video > game is a "literary work" in the sense of having characters, > settings, plot lines, etc., and therefore can be infringed in the > non-literal sense of Micro Star v. FormGen -- ev

Re: Where to put Open Transport Tycoon (openttd)

2005-05-16 Thread Raul Miller
On 5/16/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > No, the artwork (if included) would be literally infringing. The > "mise en scene" doctrine is not about literal copying, it's about the > creation of sequels (parodies, clones, etc.) that plagiarize the > original work and siphon off the

Re: Where to put Open Transport Tycoon (openttd)

2005-05-16 Thread Michael K. Edwards
On 5/16/05, Raul Miller <[EMAIL PROTECTED]> wrote: > On 5/16/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > > Note that there is no question (IANAL, TINLA) that openttd infringes > > the copyright on Transport Tycoon in any jurisdiction that recognizes > > the doctrine of "mise en scene", i. e

Re: Where to put Open Transport Tycoon (openttd)

2005-05-16 Thread Raul Miller
On 5/16/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > Note that there is no question (IANAL, TINLA) that openttd infringes > the copyright on Transport Tycoon in any jurisdiction that recognizes > the doctrine of "mise en scene", i. e., pretty much any jurisdiction > that has a copyright law.

Re: Where to put Open Transport Tycoon (openttd)

2005-05-16 Thread Michael K. Edwards
Note that there is no question (IANAL, TINLA) that openttd infringes the copyright on Transport Tycoon in any jurisdiction that recognizes the doctrine of "mise en scene", i. e., pretty much any jurisdiction that has a copyright law. See Micro Star v. FormGen. In general, Debian should not be dis

Re: Where to put Open Transport Tycoon (openttd)

2005-05-15 Thread Matthijs Kooijman
> The requirement for content from the original game means that it > should probably go in contrib. That is what I thought too, yes. > Of course, if you > have any serious doubts about that you can contact the original > game's publisher and ask them. This has been tried by several people withou

Re: Where to put Open Transport Tycoon (openttd)

2005-05-15 Thread Raul Miller
I wrote: > Also, unless openttd includes design features which are clearly unique > content, the original publishers probably won't have any legal grounds I meant, and should have said "... which are clearly unique content of the publishers of the original game..." Obviously, openttd's authors ha

Re: Where to put Open Transport Tycoon (openttd)

2005-05-15 Thread Raul Miller
On 5/15/05, Matthijs Kooijman <[EMAIL PROTECTED]> wrote: > I am making Debian packages of openttd and am thinking of getting them > uploaded into Debian. Though it is licensed under GPL, I was wondering in what > section it belongs. > There are two reasons for this. > > First, openttd is non-worki