Re: RES: Where to put Open Transport Tycoon (openttd)
On 5/19/05, Raul Miller <moth.debian@gmail.com> wrote:
> On 5/19/05, Michael K. Edwards <m.k.edwards@gmail.com> wrote:
> > > I suppose it's also true that they don't have a copyright on the
> > > functionality represented by this game, but functionality wasn't
> > > copyrightable in the first place.
> >
> > "Mise en scene", my friend, "mise en scene".
>
> We're not talking about changes to the Transport Tycoon Deluxe
> equivalent of MAP files.
>
> We're talking about something more like the Lewis Galoob Toys, Inc.
> v. Nintendo of Am., Inc. case.
So there are as wide a variety of games playable on the Transport
Tycoon Deluxe engine as on the Nintendo Entertainment System, are
there? And you think the factual situation is parallel to this: "The
Game Genie merely enhances the audiovisual displays (or underlying
data bytes) that originate in Nintendo game cartridges. The altered
displays do not incorporate a portion of a copyrighted work in some
form."
> We're not talking a sequel here, we're talking about ephemeral
> changes in appearance.
Rubbish. Go read the website.
> OpenTTD is not distributing art which merges with the original
> copyrighted work. Microstar was distributing arg with merged
> with the original copyrighted work.
Rubbish. Micro Star was distributing user-created game "levels", and
the only theory on which they were derivative works was "mise en
scene" -- characters, objects, setting, etc. -- when played using Duke
Nukem 3-D.
> [Also, I continue to be annoyed by your personal attacks, but
> I refuse to believe that personal attacks have any redeeming
> value.]
I acknowledge that the level of acrimony in some of my messages (not
particularly in the one to which this is a response) has been on the
high side. I will probably end up, in the long run, wishing that I
had kept my temper systematically under better rein. But if you can't
see that your credibility is at risk here -- in a way that it is not
in the GPL debate alone -- after the comments that numerous third
parties have made along the way, then it would be a kindness on my
part to succeed in apprising you of that fact.
Cheers,
- Michael
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