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This is a discussion on "Aardwolf commercially violating diku licence" in the Top Mud Sites Legal Issues forum : I took the liberty of asking a lawyer. I know, a crazy idea. Why bother asking a real lawyer when we can all just vomit unqualified opinions? Here is my question, and the response given so far. More responses may follow. If I receive any, I will post them. Question: If a software license appears to mean one thing, but the copyright holders say they meant another thing in a logged discussion, but the copyright holders have made no efforts to alter the license agreement that is distributed with that software, what rule should the user follow? Should they follow ... |
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#91 |
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New Member
Join Date: Oct 2003
Posts: 17
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I took the liberty of asking a lawyer. I know, a crazy idea. Why bother asking a real lawyer when we can all just vomit unqualified opinions?
Here is my question, and the response given so far. More responses may follow. If I receive any, I will post them. Question: If a software license appears to mean one thing, but the copyright holders say they meant another thing in a logged discussion, but the copyright holders have made no efforts to alter the license agreement that is distributed with that software, what rule should the user follow? Should they follow the agreement or the proposed intent of the copyright holders, even though they have made no efforts to defend their product according to their intent and have made no efforts to correct the license agreement? Reply: An agreement requires a "meeting of the minds." If the written agreement is clear in its meaning and was entered into by both parties, they cannot now say they didn't mean it. Clear meaning represents a meeting of the minds. Ambiguous meaning permits the parties to claim no "meeting of the minds" and, therefore, no contract. Reply Posted By: Sheldon G. Bardach Law Offices of Sheldon G. Bardach via LawGuru.com This means that any claimed restriction on what you can or cannot do with the DikuMud code outside of the strict wording of the license is invalid (This is why EULAs are usually so strictly worded, duh). This means that if you allow donations to support server costs, then you allow such donations regardless of a reward system as no distinction is made in the distributed license agreement as long as no profit is made. For the record, there is no gross profit made on this venture, so any distinction between net and gross profit is irrelevant. --- I love you, Delerak, even if your threat is sexist. |
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#92 | ||
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Legend
Join Date: Apr 2002
Name: Richard
Location: München
Home MUD: God Wars II
Posts: 1,676
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#93 |
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Join Date: Oct 2003
Posts: 17
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Oh, no. You misunderstand. The license is absolutely clear. It says you may make no profit. That's 100% clear. The copyright holders may not then go back many years later and say, "Wait a minute, we didn't mean that. We meant something else." That is the point of the lawyer's response. The changes that you claim they wanted to make, absolutely do not fall within the wording of "Thou shalt make no profit. Thus spaketh the lord." I'm sorry you missed it. I'll explain further.
Since this is the only document distributed with the software that stipulates any restrictions on use, then it IS the contract. The user must agree to whatever it says in order to use the DikuMUD code. The person has no legal obligation to agree to whatever else the copyright holder said later on that is not a part of the contract. This is not a case of the user claiming ambiguous meaning. It is a case of the copyright owner claiming ambiguous meaning. In that event, it is entirely the copyright holder's fault for not making a contract that says what they meant. Since both parties agreed at the time of the writing of the contract that the wording of the contract was accurate, then neither party can then go back and say "Wait a minute, this means something else." This means that the DikuMud copyright is not violated by a mud taking donations as long as donations do not constitute profit, regardless of in-game rewards, because that is exactly what the license says. Please remember that this is all from a lawyer, and anything you say, until shown otherwise, is not. |
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#94 |
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Senior Member
Join Date: Feb 2003
Location: Sweden
Home MUD: www.sharune.com
Posts: 350
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Interesting
Would be fun to hear more laywer feedback. In particular for muds accepting donations for in-game rewards without running with profit. Is it violating the licence, or it is not? Input from some respectable laywer would shed some light on this "grey area". |
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#95 |
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Join Date: Jul 2003
Home MUD: Lusternia
Posts: 179
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I wonder what the statute of limitations, if any, is on the ability of the diku holders to instigate a claim if they ever choose to. In other words, if sleazymud were to write to the diku team, "I'm going to use the code for commercial purposes." And if there is no response (or even if there is a response and sleazymud retorts with "I'm going to do it anyway"), the ability to make a claim against sleazymud may eventually lapse from the time the diku team knew of the violation. (I'd hazard a guess that the statute of limitations may run for 2-3 years before diku loses their rights to make a claim.) Anyone know if there's a statute of limitations (if any)?
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#96 | ||
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Legend
Join Date: Apr 2002
Name: Richard
Location: München
Home MUD: God Wars II
Posts: 1,676
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And FYI, the quote I gave in the previous thread concerning intent came from a Justice as part of a judgement in a case. |
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#97 |
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Join Date: Apr 2002
Posts: 123
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Regarding the statute of limitations, I doubt it would even be relevant until A) the person actually offends the license (rather than simply stating an intent to do so) and B) the owners of the license learn of the actual offense (and not simply the intent).
The license owners might also be able to sue for the stated intent if the civil court sees it as the financial equivalent of assault before battery, but I doubt that as well. But if so, then the statue of limitations might be relevant to that offense, but it still wouldn't yet be relevant to the other, I don't think. I'm just going by what seems to make common sense to me, though, not any significant legal training. |
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#98 |
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Legend
Join Date: Apr 2002
Name: Richard
Location: München
Home MUD: God Wars II
Posts: 1,676
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Please don't forget that the statute of limitations would apply for each violation. So unless we're talking about a mud which violated the license on one occasion then didn't do anything for a few years, the point is really moot.
As an example, the statute of limitations for property damage and theft of property (called conversion) is usually three years from the date of the incident. But if your "victim" doesn't bring a lawsuit against you, that doesn't give you free reign to destroy/steal their property as much as you like for the rest of your life. |
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#99 |
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Moderator
Join Date: Apr 2002
Home MUD: Carrion Fields
Posts: 642
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We're off topic. No one is suggested bringing legal action against Aardwolf to my knowledge. What they are seeking is the removal of Aardwolf from a privately owned website. If the owner(s) of the website decide that they don't like how Aardwolf sells in-game rewards, they can remove Aardwolf from the list.
In the past, this has been done to other games that violate the spirit of license agreements that led to solid, publically available codebases. Whether or not their actions would stand up once the lawyers get their paws on it doesn't matter at all. |
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#100 | ||
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I wasn't going to post, because I felt everything was being said nicely already, until I came across your post Deathwing. It makes me sick to know that there are many, many people out there like the Aardwolf Owner(s), yourself, and everyone else who is begging the others to shut up about the truth! If this kind of behavior continues, it makes others not want to contribute because we know, that no matter how hard we try, there will always be someone out there trying to pervert and subvert our intentions. No matter the DIKU team didn't want people to GET/MAKE money of any kind, no instead you guys just TRY to figure out a loophole around it. People like that don't even try to make their own completely original code to make money on - they just use someone else's, and then break the rules for use claiming "no violation". All the while sitting behind a human wall of zealots who defend for them saying "nothing can be done until the vanished DIKU team makes a claim against them". Utterly sickening. But, I guess when the dust settles, everyone out there on the other side of this legal fence will feel some sense of accomplishment for finding a loophole around what has been commonly stated. And Fiendish - yes, you can claim "no meeting of the minds", but the Justice Dept has already ruled that that doesn't give the "end user" free legal right to continue to use the item/object/product. I'll let you and Google find the rest. And to all those people out there who wish to argue the legal stand point of "gross profit/net profit allows us to get around the agreement" ... better point your favorite browser to the IRS's webpage and take a look at the meaning of Non-Profit and Tax-Exempt. As someone already said on this thread (that was completely ignored), just because you don't actually make any money from your venture, doesn't make you "non-profit". The Feds only allow very specific types of business to be non-profit. And by their qualifications, Aardwolf would never qualify as a Non-Proft venture. And if you aren't considered "Non-Profit" by the Feds, then you are considered "For Profit" - no matter how good/bad your bottom line is. And THAT IS AGAINST the letter of the agreement. So you can try and twist the meaning of PROFIT around every way you want, but even under legal definitions, they are taking in money. And even if their expenses = take in (which I doubt), they are still considered by the IRS as "making profit", just not doing a good job of running the business. |
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#101 | |
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Join Date: Oct 2003
Posts: 10
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And those quotes are the basis for practically every posting against rewarding in-game donations. Just partial extracts of answers when we don't even know what the questions were. |
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#102 | |
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Legend
Join Date: Apr 2002
Name: Richard
Location: München
Home MUD: God Wars II
Posts: 1,676
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#103 | |
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New Member
Join Date: Oct 2003
Posts: 10
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Are the full quotes still up somewhere?
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#104 |
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New Member
Join Date: Nov 2003
Posts: 3
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/* ************************************************** **********************
* Copyright © 1990, 1991 * * All Rights Reserved * ************************************************** *********************** */ DikuMud License Program and Concept created by Sebastian Hammer Prss. Maries Alle 15, 1 1908 Frb. C. DENMARK (email quinn@freja.diku.dk) Michael Seifert Nr. Soeg. 37C, 1, doer 3 1370 Copenhagen K. DENMARK (email seifert@freja.diku.dk) Hans Henrik St{rfeldt Langs} 19 3500 V{rl|se DENMARK (email bombman@freja.diku.dk) Tom Madsen R|de Mellemvej 94B, 64 2300 Copenhagen S. DENMARK (email noop@freja.diku.dk) Katja Nyboe Kildeg}rdsvej 2 2900 Hellerup 31 62 82 84 DENMARK (email katz@freja.diku.dk) This document contains the rules by which you can use, alter or publish parts of DikuMud. DikuMud has been created by the above five listed persons in their spare time, at DIKU (Computer Science Instutute at Copenhagen University). You are legally bound to follow the rules described in this document. Rules: !! DikuMud is NOT Public Domain, shareware, careware or the like !! You may under no circumstances make profit on *ANY* part of DikuMud in any possible way. You may under no circumstances charge money for distributing any part of dikumud - this includes the usual $5 charge for "sending the disk" or "just for the disk" etc. By breaking these rules you violate the agreement between us and the University, and hence will be sued. You may not remove any copyright notices from any of the documents or sources given to you. This license must *always* be included "as is" if you copy or give away any part of DikuMud (which is to be done as described in this document). If you publish *any* part of dikumud, we as creators must appear in the article, and the article must be clearly copyrighted subject to this license. Before publishing you must first send us a message, by snail-mail or e-mail, and inform us what, where and when you are publishing (remember to include your address, name etc.) If you wish to setup a version of DikuMud on any computer system, you must send us a message , by snail-mail or e-mail, and inform us where and when you are running the game. (remember to include your address, name etc.) Any running version of DikuMud must include our names in the login sequence. Furthermore the "credits" command shall always cointain our name, addresses, and a notice which states we have created DikuMud. You are allowed to alter DikuMud, source and documentation as long as you do not violate any of the above stated rules. Regards, The DikuMud Group Note: We hope you will enjoy DikuMud, and encourage you to send us any reports on bugs (when you find 'it' time to write and improve DikuMud, bugs, etc. - and changes will take their time. We have so far put extremely many programming hours into this project. If you make any major improvements on DikuMud we would be happy to hear from you. As you will naturally honor the above rules, you will receive new updates and improvements made to the game. I believes thats the original and only license the DIKU team made. Main Entry: 1prof·it Pronunciation: 'prä-f&t Function: noun Usage: often attributive Etymology: Middle English, from Middle French, from Latin profectus advance, profit, from proficere Date: 14th century 1 : a valuable return : GAIN 2 : the excess of returns over expenditure in a transaction or series of transactions; especially : the excess of the selling price of goods over their cost 3 : net income usually for a given period of time 4 : the ratio of profit for a given year to the amount of capital invested or to the value of sales 5 : the compensation accruing to entrepreneurs for the assumption of risk in business enterprise as distinguished from wages or rent thats the definition of profit according to Merriam-Webster dictionary. Some points : Point A. - the license just mention PROFIT .. not gross profit nor net profit. Point B. - Aardwolf is not a business ... it's a hobby. The expenses are supported by the owner and some players. Point C. - Unless the DIKU team rewrite and/or ammend this license, Other MUDs can receive donations without violating it. Point D. - If the Admin/Owner of TopMudSite feels that Aardwolf needs to be banned, they will do it and will explain to Lasher the reason. And not because some dissatisfied Moderators feels they need to be banned. Point E. - Aardwolf has flourished through these years without TMS ... I believe it was just an experiment of Lasher to see how it is stacked up against other muds if ranked. And no, I'm no expert. I just play the game. But I do have common sense. And I'm not pointing fingers at anybody. I'm just stating facts as I see it. Feel free to quote me and "feel good about yourself" and point out things you don't agree with me. |
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#105 |
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New Member
Join Date: Oct 2003
Posts: 8
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I will start off by admitting this is my first post and that I am an Aardwolf player, so if you want to you can completely ignore me.
I have been following this thread for a while now and one thing has been troubling me. Has the licence been changed to reflect the supposed intent of the Diku team? Alternatively, does it now include the phrase "postings on the TopMudSites.com discussion database are legally binding" or words to that effect? If not then all the discussion on here is pretty much meaningless, isn't it? |
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#106 |
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Join Date: Nov 2003
Posts: 2
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As someone who runs an LP Mud and does neither charge any money for anything nor accepts donations, I do not really have any interest in interpreting the DIKU license one way or another, but after reading through many of the related threads, though, I think you can summarize the whole thing pretty easily:
"Is it legal to accept donations in exchange for in-game benefits as long as you do not make any profit (revenues after subtracting costs)?" - Possible, since the DIKU license is extremely poorly worded in that matter. "Is it RIGHT to accept donations as stated above?" - No, because Hans-Henrik Staerfeldt stated that it was not the DIKU-team's intention to allow that kind of thing; everyone who runs a DIKU-derivative profits from the work he and his friends invested many years ago and therefore should respect their opinion in that matter. As we all know, legal does not automatically mean right and vice versa. Additionally, I'm not a lawyer, so I have no clue what would happen in a court. But that's the conclusion I have as someone unbiased when watching the whole discussion. |
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#107 | ||
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Legend
Join Date: Apr 2002
Name: Richard
Location: München
Home MUD: God Wars II
Posts: 1,676
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#108 | ||
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New Member
Join Date: Nov 2003
Posts: 3
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I guess the real point of this discussion is that some "MUD" owners are irritated that Aardwolf came from nowhere and end up on the top of the list in less time than any other mud listed ever achieved. And claims that they are the bulk of the mud community and only their "voices" matters. What they think is the standard. Their opinion shouldn't be questioned for they are the "voice" of the community. And furthermore, please re-read the rules in TMS . The only thing thats not allowed is for the MUD to reward for their VOTES. So please refrain from crying "Ban Aardwolf from this site." Because as far as I know, Aardwolf hasn't broken any rules of TMS. And it has the same right as any other muds to be listed/ranked here. |
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#109 | |
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Join Date: Oct 2003
Posts: 35
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Nothing new is going to be said here -- if the Aardwolf folks really want to help, then do so by reading the whole thread and then staying out of it, or even better, help with testing of the new codebase as it is developed. In the meantime, ownership of the license itself is not clear. DIKU university don't care enough to even acknowledge four emails sent over a period of several weeks questioning intellectual property of university projects. The DIKU coders have been claiming "violation" for close on 10 years now at Medievia and if KaVir's site is authentic, even have identical comments in source code to prove it, yet have made no claim on their works. Then there is the whole situation of this "clarification" of intentions -- intentions can have a tendency to change scope a little once you release a commercial product competing with your formerly free version. If I had seen those intentions years ago, would I have let Aardwolf grow to the point it did? Probably not. I can't go back in time now though - only move forward with the new code. If the whole situation 'discourages' people from releasing code that is unfortunate, one would hope it would instead encourage them to write better licenses and make their intentions crystal clear from the start. |
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#110 | ||||
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Legend
Join Date: Apr 2002
Name: Richard
Location: München
Home MUD: God Wars II
Posts: 1,676
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#111 |
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Join Date: Oct 2003
Posts: 5
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While I have no intention in getting into whether or not Aardwolf is violating the Diku license (though said license is, unfortunately, rather poorly-worded), and will probably get flamed for spamming this thread, I wish to offer how impressed I have been with the debate here. Jazuela, KaVir, Fyresturm, Aardwolf, and a mess of other people I am too lazy to specifically name have all argued cogently, often giving strong support for their points. It's fascinating to watch, and while a high intelligence and linguistic aptitude is implied in MUDders, it is not (much to my continued chagrin) required.
Kudos to all of you who have contributed intelligently (or comically |
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#112 | |
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Senior Member
Join Date: Apr 2002
Location: New England
Posts: 676
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#113 |
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New Member
Join Date: Oct 2003
Posts: 23
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Lanthum:
Well, I spent about 20 minutes writing a PM that I was going to send you, but then I realized (again), that it's just not worth it. Nothing you say is going to affect me in any way, nor is it likely to affect any possible legal action the Diku creators take in the future. i.e Don't expect a reply to any of your points or to anything else on this thread anytime soon, and have a nice life |
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#114 | |
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And on the specific matter of LP, this is additionally due to the fact that there are LP implementations which do allow commercial usage. Which has tremendously helped clear matters, as those who wish to make a profit have means and ways to do so without recoding a full MUD from scratch. Finally, because the actually only instance of alleged license violation in the LP world I'm aware of (not that I have exhaustive knowledge, mind you) has supposedly been resolved between the copyright holder and the alleged violator, and no credible evidence to the contrary has ever surfaced - Something quite different from the DIKU situation where the copyright holders have, in the past, and on several occasions, spoken out clearly against certain types of violators. |
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#115 | |
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*with adverbial construct, "in any possibly way", to reiterate. |
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#116 |
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Senior Member
Join Date: Aug 2002
Posts: 252
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Just a question to Kavir I think a lot of people are interested in.
Is Aardwolf going to get banned? Reasons I ask is..... 1. Kavir claims he supports the intentions of copyright holders. In the past this has meant banning copyright violaters from the website. Has the amount of support changed over the years? Instead has Kavir decided to merely argue the DIKU maker's point and let copyright violators remain on the site? 2. If some violators are allowed to stay, shouldn't all violaters be allowed to stay? After all, I could make a mud, join TMS, break the copyright, then once I get caught claim I'm making a new codebase from scratch (and/or stall for a few extra months and still be listed and still get money, with the possible end result of having a new codebase). |
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#117 | |
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Join Date: Oct 2003
Posts: 35
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Once again, there are daily backups showing code progression, CVS logs and full source code available for review by an independant third party under NDA. Why is this necessary? Because people like you have apparently already decided ahead of time what the new code will and will not be. Attack us for rewarding donations during a limited time period a couple of times a year if you believe that is wrong, but please don't attack us for something you speculate we might do in the future. Thank you. |
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#118 | |||
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Legend
Join Date: Apr 2002
Name: Richard
Location: München
Home MUD: God Wars II
Posts: 1,676
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#119 |
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Senior Member
Join Date: Feb 2003
Location: Sweden
Home MUD: www.sharune.com
Posts: 350
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I'm not entierly sure, but I don't think it is really up to kavir wether a site is banned from TMS or not...
I do not blame the TMS staff either to keep them listed currently. They get money from it, and as it has been said, aardwolf is not doing anything legally wrong, until the matter has been through a court of law...? However, if the "mud community" and its members got together and actually asked sites like TMS to remove a listing like aardwolf, they probably will. Now, instead of them being banned from the list right now, i would personally see a case and get some VALID information wether or not they are actually breaking a licence before any action is taken. And if they are not, you'll get a vote from me aardwolf! |
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#120 | ||
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Join Date: Nov 2003
Posts: 3
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Date: 14th century intransitive senses 1 : to be of service or advantage : AVAIL 2 : to derive benefit : GAIN 3 : to make a profit transitive senses : to be of service to : BENEFIT This is the verb form of profit. If you mean to say that this is the word the DikuTeam intended to use, then every single mud derived form their source code is in violation. If their mud is listed in TMS or any other site, they are profiting from such sites because they are GAINING new players. Gain = Profit. |
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