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Re: (TFT) The return of Ogre - Rick did something silly.



Yep, a cease and desist letter is likely the only thing that would happen.
The game itself is not commercially viable since it is not even being sold,
nor has been in quite a few years.  In every case that I have heard of
where a copyright owner requested the take down of abandonware from some
site, it was just a C&D and no other charges were filed.  The only case I
know of that this was not the case was because whoever was making it
available did not take it down when asked to do so.
    Mike




On Tue, Jul 29, 2014 at 2:40 PM, gem6868 <gem6868@verizon.net> wrote:

> Mike, I think you should start putting it up for distribution, and LIVE
> YOUR CONVICTIONS.  I just want to say that I'm certain I speak for all of
> us at TFT Brainiac List, that we're behind you.  WAY behind you, that is.
> :)
> OK, I think that someone got permission for the dwarfstar downloads,
> haven't checked them out in a long time.
>
> Thanks for the update, but really, what can Thompson do - at best, I think
> it'd be a "halt and desist" order.  Remember, the penalty for violating
> copyright is proportional to the offense.  I have a buddy who's a partner
> at Dilworth Paxson I can run it by, but there's a limit to damages, and if
> there's no profit they'd have to demonstrate a "loss" of sorts.
>
> Just a thought.
>
> -----Original Message----- From: Mike Riley
> Sent: Tuesday, July 29, 2014 5:28 PM
> To: tft@brainiac.com
> Subject: Re: (TFT) The return of Ogre - Rick did something silly.
>
>  Sadly, this is incorrect.  Yes it falls under abandonware, but the
> copyright act does not recognize abandonware.  Until something falls out of
> copyright (And in the case of TFT it will be long after we are all dead) it
> is illegal to distribute it, even if it is done without profit.
>
>  I personally believe that copyright has been so massively perverted from
> what the founding fathers wanted it to be.  Had copyright not been extended
> everytime micky mouse was going to fall out of copyright, TFT would
> probably already be in the public domain, or close to it.  But alas, in our
> lifetime we will never see it free to distribute.
>
>  Mike
>
>
> On Tue, Jul 29, 2014 at 1:43 PM, gem6868 <gem6868@verizon.net> wrote:
>
>  IF I recall correctly [and that could be a big IF] games that are OOP can
>> be copied and put up on the internet, and as long as you don't sell them
>> for profit they can even be downloadable.  But perhaps you need permission
>> for the download.
>>
>> There's another group that has made a bunch of great pocket games
>> available for free, it's a Dwarfstar / Heritage Games Yahoo Group, and you
>> can download all those games for free.  And some are just amazingly well
>> done, like Grav Armor, Dragon Rage, Outpost Gamma, Dark Lord, and more.
>>
>> But I'm open to correction about this.
>>
>>
>>
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