what is legal?

Official forum of the Wake of Gods mod to Heroes of Might and Magic III.
beegee
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what is legal?

Unread postby beegee » 03 Nov 2006, 09:29

So, what are you allowed to modify on the game:

1. text files
2. bitmap files
3. video files
4. heroes3.exe(where the scripts are contained)
5. animation files
6. original campaign files
7. using resedit2
8. using further tools

Thanks for answers/replys.

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Pol
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Unread postby Pol » 03 Nov 2006, 09:50

You may modify all what you can, for your own needs - that's essence of modding. And share the modifications but never sale the modified game that will be violating the law.

Somewhere in the deeps of net will be defedit and smktools, for changing graphics and videos. Something for pcx would be here too and lots more....
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Silent Rogue
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Unread postby Silent Rogue » 03 Nov 2006, 10:47

if youre thinking that modding is illegal then you are wrong. just look at all the half-life mods: team fortress,counter strike,natural selection and others.+ the valve released them all after they we're created by the fans

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Unread postby Psyringe » 03 Nov 2006, 13:41

The legal situation varies from country to country.

Usually, you can do anything you like as long as you keep it for yourself.

If you want to distribute something, make sure that it contains *nothing* that you didn't create by yourself. To be on the safe side, every bit of code and every image, text, or sound, in the package you distribute should be made either by yourself, or by someone who explicitly allowed you to distribute it (if he just remained silent that does *not* count as allowing you to use his stuff), or be in the public domain. This means that if you want to alter original files (instead of just adding new files), it's safer to distribute a patch instead of the altered files themselves.

In practice however, game companies usually allow their customers a little more leeway. They won't harrass their fans over minor legal issues. I've seen many mod projects that used copyrighted material, but the game companies chose to turn a blind eye on them. That doesn't make the inclusion of said material legal however. I'm just saying that it's very unlikely for a game company to take legal action against their own customers even if they were entitled to do so. When a mod project has been closed down due to legal issues in the past, the reason was usually copyright infringement on a third party's property (for example, the Tolkien Estate might want to shut down an extensive Middle Earth mod for HoMM, especially if they plan to sell the rights for a Middle Earth strategy game to some other company, or already did so).

However, as I said, the situation is a bit more complex because copyright is handled differently in different countires. So if you need a definitive answer, there's no way around asking a specialized lawyer in your country. If you do so, make sure he's specialized in copyright law because it's a rather complex issue (even in comparison to other legal issues ;) ).

Edit: There's a common misconception about the legality of distributing copyrighted material without charging for it. In short, copyright infringement is copyright infringement no matter whether you make money from it or not. For most countires, whether you charge for your distribution or not doesn't affect the legal status of your actions at all - not charging for the distribution of infringing material *might* be seen as a mitigating factor by the judge, but it doesn't make illegal actions legal.

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Unread postby beegee » 04 Nov 2006, 10:00

I've just read in Wikipedia that Wake of Gods had got the permission of 3do to develop/program it. So if you want to make a modification you have to ask before making it? It is better to ask or senseless? But where can I ask? Who? perhaps ubisoft?

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Unread postby Pol » 04 Nov 2006, 10:25

It doesn't hurt but is not neccesary as long as it will be only addon. (Nothing from original files distributed with...). And you don't need to think about before you will actually do any mod :devious:
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Unread postby Angelspit » 04 Nov 2006, 14:29

You have more chances of getting into trouble if you mix and match various licenses. For instance, the Unreal Tournament mod based on Star Wars was axed several years ago at the request of Lucasarts, and so did the Halo fan-made real-time strategy game that used EA's Command and Conquer engine. If you modify a game with ideas of your own, publishers won't mind.


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