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

[Jim Kundert <gypsycomet@gmail.com>]

DMCA Takedown Notices are a bit more than just a C&D...


On Tue, Jul 29, 2014 at 2:54 PM, Mike Riley <rileym65@gmail.com> wrote:

> 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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