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[Fawfulhasfury]

That doesn't mean MI1 and 2 can't be put up. I think Kosta knows bout the ISDA. I doubt he would even consider the MI games if he thought it would get this site in trouble. Have faith in him. If he is considering it, then it is most likely safe. End of this discussion.

[Timpsi]

Originally posted by Fawfulhasfury@Dec 14 2004, 06:49 PM
That doesn't mean MI1 and 2 can't be put up. I think Kosta knows bout the ISDA. I doubt he would even consider the MI games if he thought it would get this site in trouble. Have faith in him. If he is considering it, then it is most likely safe. End of this discussion.

Well, since there are games on the site that are also copyrighted by an ESA member (like The Smurfs, which was done by Infogrames (Atari)), it might be that the MI games will show up on the site. That wasn't the point of the legality discussion, though.

[Sebatianos]

Is there a list of games copyrighted by ESA members?

[Timpsi]

Originally posted by Sebatianos@Dec 14 2004, 07:40 PM
Is there a list of games copyrighted by ESA members?

Don't think so, but you can see a list of the members at http://www.theesa.com/members.html

[Sebatianos]

I don't get it.
Warner Bros. are there, but The Flight off the Amazon Queen is abandoned and free to uptain even on Scumm site.
I think these rules aren't enforced that harshly,...
While I was reading all those law sections I started wondering - copyright for software obviously isn't the same as that for songs (those automaticaly stop being enforced after a song is 25 years old, you can also make spoofs,...). Weird!

[Timpsi]

Originally posted by Sebatianos@Dec 14 2004, 07:47 PM
Warner Bros. are there, but The Flight off the Amazon Queen is abandoned and free to uptain even on Scumm site.

Flight of the Amazon Queen was released as freeware by the nice copyright holder which is not Warner Bros.

the US doesnt seem to abide by the treaties it signed up to (geneva convention, anyone?) so i dont think anyone is going to care about the US position on copyright outside of the US

[QBiN]

Originally posted by Guest@Dec 16 2004, 09:27 AM
the US doesnt seem to abide by the treaties it signed up to (geneva convention, anyone?) so i dont think anyone is going to care about the US position on copyright outside of the US

Low blow by whoever that was.

All that cut&paste legalese from the ESA website is their spin on it, otherwise known as their "interpretation" of the law. Highlighting in bold their interpretation where it fits their agenda does not make the matter black&white, right vs. wrong, ipso facto.

I agree w/ Seb (and this is my take), that they can't be harmed monetarily since they no longer collect revenue from the sale of the game. It would be difficult for them to sue for any sort of damages either monetarily or brand/franchise defamation if the game is released unaltered.

It is a gray area, and LucasArts just shot themselves in the foot by stopping its sale -- denying them of any claim to real damages.

[Tuttle]

Originally posted by QBiN@Jan 1 2005, 06:56 AM
I agree w/ Seb (and this is my take), that they can't be harmed monetarily since they no longer collect revenue from the sale of the game. It would be difficult for them to sue for any sort of damages either monetarily or brand/franchise defamation if the game is released unaltered.

That's why copyright law typically includes criminal penalties as well as the potential for civil damages.

It's also worth noting that in the US in particular there is the concept of punitive damages, where money is awarded in a civil case purely to hurt the defendant, in addition to any compensation for actual damages.

[Razor2]

I think the solution would be that someone sends a message to lucasarts, and asks them where he can buy MI1 or 2. Of couse, he must not mention abandonia.

If they say that it can't be bought, then they can't enforce copyright laws in the case abandonia has it for download, because abandonia has not caused them any financial damage, which can be the basis for a lawsuit. (that's the law in most countries in Europe) So they can say that we violated the law, but no court in Europe will deal with it.

By the way the ESA (European Space Agency) should sue the ISDA (ESA) for using the same name.