Top Mud Sites Forum Return to TopMudSites.com
Go Back   Top Mud Sites Forum > Mud Development and Administration > Legal Issues
Click here to Register


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 ...



You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our MUD community today!

If you have any problems with the registration process or your account login, please contact us.

If you are a registered member of the old TMS forums, please click here
Closed Thread
 
LinkBack Thread Tools
Old 11-01-2003, 08:27 PM   #91
Fiendish
New Member
 
Join Date: Oct 2003
Posts: 17
Fiendish is on a distinguished road
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.
Fiendish is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-02-2003, 04:13 AM   #92
KaVir
Legend
 
KaVir's Avatar
 
Join Date: Apr 2002
Name: Richard
Location: München
Home MUD: God Wars II
Posts: 1,676
KaVir will become famous soon enoughKaVir will become famous soon enough
Quote:
Originally Posted by
Question: If a software license appears to mean one thing, but the copyright holders say they meant another
Which is hardly the question here. We're talking about a software license which isn't completely clear in meaning, but which has later been clarified by the copyright holders in such a way as to still fall within the wording.

Quote:
Originally Posted by
Clear meaning represents a meeting of the minds. Ambiguous meaning permits the parties to claim no "meeting of the minds" and, therefore, no contract.
Unfortunately for the budding license violators, this "contract" is the only thing giving them permission to copy, modify, distribute or display Diku mud. So yes, you can claim "no meeting of the minds" - but then you no longer have permission to run your mud.
KaVir is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-02-2003, 02:41 PM   #93
Fiendish
New Member
 
Join Date: Oct 2003
Posts: 17
Fiendish is on a distinguished road
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.
Fiendish is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-02-2003, 03:18 PM   #94
Hephos
Senior Member
 
Join Date: Feb 2003
Location: Sweden
Home MUD: www.sharune.com
Posts: 350
Hephos is on a distinguished road
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".
Hephos is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-02-2003, 04:32 PM   #95
Estarra
Member
 
Join Date: Jul 2003
Home MUD: Lusternia
Posts: 179
Estarra is on a distinguished road
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)?
Estarra is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-03-2003, 04:26 AM   #96
KaVir
Legend
 
KaVir's Avatar
 
Join Date: Apr 2002
Name: Richard
Location: München
Home MUD: God Wars II
Posts: 1,676
KaVir will become famous soon enoughKaVir will become famous soon enough
Quote:
Originally Posted by
Oh, no. You misunderstand. The license is absolutely clear. It says you may make no profit.
Actually it says "You may under no circumstances make profit on *ANY* part of DikuMud in any possible way". And as I've already demonstrated, even going by the IRS definitions there is more than one "way" to define making a profit.

Quote:
Originally Posted by
Please remember that this is all from a lawyer, and anything you say, until shown otherwise, is not.
A new poster appears, and with his first post claims to have spoken to a lawyer. Fair enough - except that not only did you ask him an extremely misleading question, you've also taken your own interpretation of his answer and started citing it as a legal opinion!

And FYI, the quote I gave in the previous thread concerning intent came from a Justice as part of a judgement in a case.
KaVir is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-03-2003, 10:26 AM   #97
Burr
Member
 
Join Date: Apr 2002
Posts: 123
Burr is on a distinguished road
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.
Burr is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-03-2003, 11:23 AM   #98
KaVir
Legend
 
KaVir's Avatar
 
Join Date: Apr 2002
Name: Richard
Location: München
Home MUD: God Wars II
Posts: 1,676
KaVir will become famous soon enoughKaVir will become famous soon enough
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.
KaVir is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-03-2003, 11:32 AM   #99
Valg
Moderator
 
Valg's Avatar
 
Join Date: Apr 2002
Home MUD: Carrion Fields
Posts: 642
Valg will become famous soon enough
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.
Valg is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 02:14 AM   #100
Lanthum
Member
 
Lanthum's Avatar
 
Join Date: Oct 2002
Location: Suburbs of Chicago
Posts: 131
Lanthum is on a distinguished road
Send a message via MSN to Lanthum
Quote:
Originally Posted by (Deathwing @ Oct. 31 2003,06:51)
Quote:
Originally Posted by
The "problem" is that people who violate licenses discourage others from releasing back into the community - and I'm not just talking about the Diku team.
If anyone lets what Aardwolf is doing - giving a tiny reward in return for help with server costs - stop them from releasing anything, then I think, frankly, that they shouldn't be in the "community" in the first place.
Well Deathwing, you have completely missed the point of what KaVir was saying.  The reason it discourages individuals from contributing is not JUST because they are giving away rewards, it is because they (and everyone who supports them) is trying to twist the DIKU's intent behind releasing the code in the first place.

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.
Lanthum is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 03:10 AM   #101
relic
New Member
 
Join Date: Oct 2003
Posts: 10
relic is on a distinguished road
Quote:
Originally Posted by (KaVir @ Nov. 03 2003,04:26)
Fair enough - except that not only did you ask him an extremely misleading question, you've also taken your own interpretation of his answer and started citing it as a legal opinion!
Misleading questions? Your quote from one of the diku authors is meaningless unless it can be corroborated and presented in a complete manner. Even then we'd probably see the questions were misleading, as the crucial term of the contract, "profit", was not mentioned in your quotes.

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.
relic is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 03:26 AM   #102
KaVir
Legend
 
KaVir's Avatar
 
Join Date: Apr 2002
Name: Richard
Location: München
Home MUD: God Wars II
Posts: 1,676
KaVir will become famous soon enoughKaVir will become famous soon enough
Quote:
Originally Posted by
Misleading questions? Your quote from one of the diku authors is meaningless unless it can be corroborated and presented in a complete manner. Even then we'd probably see the questions were misleading, as the crucial term of the contract, "profit", was not mentioned in your quotes.
I provided the full questions and answers, to a scenario that is very similar to that of Aardwolf. I cannot see how the quotes could have made the situation any clearer (and yes, the did include "profit") - but if you believe I made them up, you are of course free to contact the Diku team yourself and ask their opinion.
KaVir is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 03:42 AM   #103
relic
New Member
 
Join Date: Oct 2003
Posts: 10
relic is on a distinguished road
Are the full quotes still up somewhere?

Quote:
Originally Posted by
I cannot see how the quotes could have made the situation any clearer (and yes, the did include "profit") - but if you believe I made them up, you are of course free to contact the Diku team yourself and ask their opinion.
Mainly suggesting you are mis-representing the quotes.  But anything's possible as the full exchange hasn't been posted that I have seen.  Granted I can't stand most of these ludicrous arguments and don't read everything...
relic is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 05:19 AM   #104
FyreSturm
New Member
 
Join Date: Nov 2003
Posts: 3
FyreSturm is on a distinguished road
/* ************************************************** **********************
*  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&#39. Remember that we are all using our spare
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.
FyreSturm is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 05:30 AM   #105
FrankyB
New Member
 
Join Date: Oct 2003
Posts: 8
FrankyB is on a distinguished road
Unhappy

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?
FrankyB is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 05:45 AM   #106
abharsair
New Member
 
Join Date: Nov 2003
Posts: 2
abharsair is on a distinguished road
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.
abharsair is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 06:09 AM   #107
KaVir
Legend
 
KaVir's Avatar
 
Join Date: Apr 2002
Name: Richard
Location: München
Home MUD: God Wars II
Posts: 1,676
KaVir will become famous soon enoughKaVir will become famous soon enough
Quote:
Originally Posted by
relic wrote:
Mainly suggesting you are mis-representing the quotes.
I am not. They are extremely clear, and I have spoken to the Diku team at considerable length about this issue. I have posted the quotes at least twice now, include once in direct response to your request to read them. If you're not going to read them here, where should I post them that you won't conveniently forget next time?

Quote:
Originally Posted by
FyreSturm wrote a load of stuff that has already been answered repeatedly, including:
Point A. - the license just mention PROFIT .. not gross profit nor net profit.
It mentions profit "in any possible way". Gross profit is a "possible way". This point has been covered again and again and again. Please at least have the good manners to read the thread before posting.
KaVir is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 06:42 AM   #108
FyreSturm
New Member
 
Join Date: Nov 2003
Posts: 3
FyreSturm is on a distinguished road
9-->
Quote:
Originally Posted by (KaVir @ Nov. 04 2003,06[img
http://www.topmudsites.com/iB_html/non-cgi/emoticons/wow.gif[/img]9)]
Quote:
Originally Posted by
FyreSturm wrote a load of stuff that has already been answered repeatedly, including:
Point A. - the license just mention PROFIT .. not gross profit nor net profit.
It mentions profit "in any possible way".  Gross profit is a "possible way".  This point has been covered again and again and again.  Please at least have the good manners to read the thread before posting.
I did read the other posts. However, the term "gross profit" applies to business .. Even the link you posted in regards to IRS calculation refers to small business. Are you impying that Aardwolf is a business venture in which the owner earns a living? Like I mentioned on my other post, it's a hobby, not an enterprise. And before you shoot me down .. a business need receipts in order to calculate profit. Its even pointed out in that link.

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.
FyreSturm is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 06:52 AM   #109
Aardwolf
Member
 
Join Date: Oct 2003
Posts: 35
Aardwolf is on a distinguished road
Quote:
Originally Posted by (FyreSturm @ Nov. 04 2003,05:19)
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.
I appreciate the support of people both on/off Aardwolf here, but have read several statements giving the implication that someone is 'speaking on my behalf' when in fact they are not. For example, I don't recall ever describing our listing on TMS as an 'experiment'.

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.
Aardwolf is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 08:52 AM   #110
KaVir
Legend
 
KaVir's Avatar
 
Join Date: Apr 2002
Name: Richard
Location: München
Home MUD: God Wars II
Posts: 1,676
KaVir will become famous soon enoughKaVir will become famous soon enough
Quote:
Originally Posted by
I did read the other posts. However, the term "gross profit" applies to business
Nope. Although if Aardwolf is a "hobby" rather than a "business", it will also have to pay tax on all of its income. Also, after three years of yielding an income, a hobby is considered a business and you are required to report it as self-employment income. How long did you say Aardwolf had been selling in-game gear, again?

Quote:
Originally Posted by
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.
Not at all. Although Aardwolf is hardly the first mud to jump into first position so quickly, it was the first mud for quite a while that had managed to knock Achaea from that spot. You'll notice that most of us were cheering it on (even the owner of Achaea) until someone pointed out that it was violating the license. What we are "irritated" by is people who flaunt mud licenses, thus discouraging other mud developers for contributing back into the community.

Quote:
Originally Posted by
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."
I am not crying "Ban Aardwolf", I am simply pointing out that they are violating the Diku license. And FYI, Medievia was also banned for violating the license.

Quote:
Originally Posted by
Aardwolf wrote:
In the meantime, ownership of the license itself is not clear.
"Ownership of the license"? Surely you mean ownership of copyright? Diku is registered with the US Copyright office, so I'm not sure how much clearer ownership could be...
KaVir is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 09:24 AM   #111
Tamaterelian
New Member
 
Join Date: Oct 2003
Posts: 5
Tamaterelian is on a distinguished road
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 ) to this discussion. The specific topic may or may not be trivial, but the essence of the battle is fascinating, and, thankfully, thoughtfully and coherently done.
Tamaterelian is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 09:52 AM   #112
Jazuela
Senior Member
 
Join Date: Apr 2002
Location: New England
Posts: 676
Jazuela will become famous soon enough
Quote:
Originally Posted by (Tamaterelian @ Nov. 04 2003,09:24)
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 ) to this discussion. The specific topic may or may not be trivial, but the essence of the battle is fascinating, and, thankfully, thoughtfully and coherently done.
So um, does that mean I get to have sex with Kastagaar's brain? Pretty please? With sugar and a cherry on top? Oh wait - skip the cherry. I lost that to mudsex years ago <cough>
Jazuela is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 10:10 AM   #113
Deathwing
New Member
 
Join Date: Oct 2003
Posts: 23
Deathwing is on a distinguished road
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  
Deathwing is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 10:34 AM   #114
Alastair
Member
 
Join Date: Apr 2002
Location: Switzerland
Posts: 120
Alastair is on a distinguished road
Send a message via Yahoo to Alastair
Quote:
Originally Posted by (Aardwolf @ Oct. 27 2003,12:50)
The DIKU license has always been a very inflamed discussion area. I have never understood why much fewer people care about the various LPMud and other licenses,
Quite obviously because the vast majority of MUDs nowadays are DIKUratives of one brand or another, while there are just a handful or two of other major code family MUDs left.

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.
Alastair is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 11:58 AM   #115
Kastagaar
Member
 
Join Date: Apr 2002
Location: Hampshire, UK
Posts: 117
Kastagaar is on a distinguished road
Send a message via Yahoo to Kastagaar
Quote:
Originally Posted by
Main Entry: 1prof·it
Pronunciation: 'prä-f&t
Function: noun
The DIKUMud licence uses the compound verb "make profit"*, not the noun "profit".


*with adverbial construct, "in any possibly way", to reiterate.
Kastagaar is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 12:25 PM   #116
John
Senior Member
 
Join Date: Aug 2002
Posts: 252
John is on a distinguished road
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).
John is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 12:43 PM   #117
Aardwolf
Member
 
Join Date: Oct 2003
Posts: 35
Aardwolf is on a distinguished road
Quote:
Originally Posted by (John @ Nov. 04 2003,12:25)
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).
It has nothing to do with 'getting caught'. The new codebase was planned and in development long before Aardwolf was listed on TMS. Many people can confirm this (of course, they're all Aardwolf players, so you won't believe a word they say anyway right?).  The original project was actually started in 1999 in Java and shelved due to lack of time. It was revived earlier this year and after hitting a wall with Java performance (mostly related to bugs in the native ZLIB implementation and lack of performance of a 100% Java ZLIB), work began on moving to C.

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.
Aardwolf is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 12:48 PM   #118
KaVir
Legend
 
KaVir's Avatar
 
Join Date: Apr 2002
Name: Richard
Location: München
Home MUD: God Wars II
Posts: 1,676
KaVir will become famous soon enoughKaVir will become famous soon enough
Quote:
Originally Posted by
Just a question to Kavir I think a lot of people are interested in.

Is Aardwolf going to get banned?
I'm a moderator for two of the discussion forums, not the board owner - you'd have to speak to Synozeer about that.

Quote:
Originally Posted by
1. Kavir claims he supports the intentions of copyright holders. In the past this has meant banning copyright violaters from the website.
On one occasion - and that was a "big fish", which violated all aspects of the license. It also took a huge amount of work to gather all the evidence together so that I could present it to Synozeer.

Quote:
Originally Posted by
2. If some violators are allowed to stay, shouldn't all violaters be allowed to stay?
Most are clear-cut cases, which can be cleared up quickly enough. Others, such as this one, take time and effort - something which I'd rather spend on my own mud.
KaVir is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 12:52 PM   #119
Hephos
Senior Member
 
Join Date: Feb 2003
Location: Sweden
Home MUD: www.sharune.com
Posts: 350
Hephos is on a distinguished road
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!
Hephos is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Old 11-04-2003, 01:40 PM   #120
FyreSturm
New Member
 
Join Date: Nov 2003
Posts: 3
FyreSturm is on a distinguished road
Quote:
Originally Posted by (Kastagaar @ Nov. 04 2003,11:58)
Quote:
Originally Posted by
Main Entry: 1prof·it
Pronunciation: 'prä-f&t
Function: noun
The DIKUMud licence uses the compound verb "make profit"*, not the noun "profit".


*with adverbial construct, "in any possibly way", to reiterate.
Main Entry: 2profit
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.
FyreSturm is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Closed Thread



Thread Tools


Aardwolf commercially violating diku licence - Similar Threads
Thread Thread Starter Forum Replies Last Post
Diku license the_logos Legal Issues 86 07-27-2007 08:31 AM
What if there had never been DIKU? Threshold Tavern of the Blue Hand 24 05-26-2006 07:43 PM
The DIKU license the_logos Tavern of the Blue Hand 242 05-06-2006 12:28 PM
original Diku? david Advertising for Players 0 02-16-2006 02:26 AM
Aardwolf presents - Aardwolf Hold'em! Filt MUD Announcements 0 09-05-2005 05:34 PM

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

All times are GMT -4. The time now is 04:14 PM.


Powered by vBulletin® Version 3.6.7
Copyright ©2000 - 2010, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.0.0
Style based on a design by Essilor
Copyright Top Mud Sites.com 2007