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To be clear, what this means is that it's a violation of the GPL to use someone else's GPL code in a Civ4 mod. As Dale correctly says, Firaxis owns the IP in the mods because of the Civ4 licence. Therefore, you are unable to abide by the GPL restrictions and *must not* use someone else's GPL'd code in a Civ4 mod. To do so is a violation of the GPL licence and hence copyright infringement of the GPL'd code.And as I mentioned to you Kevin, if you read the Civ4 Firaxis license you'll notice that all modifications belong to them.
Therefore by law of precedence, the Firaxis license applies to the mod, not GPl.
THE SOFTWARE UTILITIES.
The Software may contain a level editor or other similar type tools, assets and other materials (the “Software Utilities” that permit you to construct or customize new game levels and other related game materials for personal use in connection with the Software (“Customized Game Materials”. In the event the Software contains such Software Utilities, the use of the Software Utilities is subject to the following additional terms, conditions and restrictions:
(a) All Customized Game Materials created by you are exclusively owned by LICENSOR and/or its licensors (as the case may be) and you hereby transfer, assign and convey to LICENSOR all right, title and interest in and to the Customized Game Materials and LICENSOR and its permitted licensors may use any Customized Game Materials made publicly available to you for any purpose whatsoever, including but not limited to for purposes of advertising and promoting the Software;
(b) You will not use or permit third parties to use the Software Utilities and the Customized Game Materials created by you for any commercial purposes, including but not limited to distributing, leasing, licensing, renting, selling, or otherwise exploiting, transferring or assigning the ownership of such Customized Game Materials;
Directly from the Firaxis Civ4 license (off the CD):
Note that LICENSOR = Take-Two Interactive and associates.
Part a) specifies that all custom game materials (mods etc made by us) is owned by LICENSOR.
Part b) specifies that no custom game materials can be placed under any other license (among other things).
Therefore, LICENSOR has NOT given permission to place the stuff in question under GPL, so therefore the GPL license is invalid as it was not the original makers position to place it under GPL.
No, my point is the original GPL is INVALID due to the license terms of Civ4. The GPL on the user's code does not exist, and should never have been claimed on the code.