Gerikes said:
I guess what we disagree on is whether Warlords is an entirely new game or "just a mod." Although some people would say that there isn't a "significant" change from the original, and even I think that the overall substance is IMO lacking, it would still be considered enough to be a derivative work, especially since changes to the exe were made. Because of that, it could be allowed it's own EULA.
While I can admit using the term "just a mod" was a little dramatic, some more common terms would be expansion or addon. But it is most certainly not its own entire game. I must own and have installed vanilla Civ4 in order to use Warlords, therefor it is not a standalone entatiy, it is an extension of Civ4. I site the title on the CD, "Civilization IV: Warlords".
Gerikes said:
I wouldn't be so sure about that. If you are rewriting the code from scratch, then because you're using your own "twists" as you say, then that's different. But if you take existing code and change it here and there, you're creating a derivative work for Warlords which doesn't require Warlords to play, simply because you used copywritten code, even if you decide to use an array rather than a linked list.
The grey area is somewhere in the middle of not looking at the code and doing an outright copy. What happens when you glance at pieces of the code and say, "Yeah, that's a good idea, I'll do it that way." How much code do you have to use as your "influce", if any at all?
Gerikes said:
Of course, I also say that because you can slap a EULA on anything anyway, I don't think that there are any laws saying that they're legally binding or not.
You bring up several good points that go to the heart of the legal issue. Most of it is grey area. EULAs themselves are really meaningless, true legally binding contracts require more then simplly clicking a button.
EULAs are the equivalent of the copyright warnings you see at the beginning when you rent a movie, telling you that you can be imprisioned and fine thousands of dollars if you copy the movie. Its not a legal agreement it is a notification that missuse can be prosecuted.
In the rented movie example, even though by the technical word of the law you can be prosecuted for copying a tape at all, your not going to get in trouble if you copy the movie and just watch with a few friends. Though it technically riolates some laws, their is no intent of malaice, intention of commiting a criminal act, or loss of revenue by the copyright holder or the licensed rental distributor. What you could term a "victumless crime" or the grey area. As such it is kind of thing that would get tossed out of court, if it made it their at all.
You are right in your assurtions about the importance of weather or not you own Warlords. But I feel you are mistaken in putting the responseablity of Mod Users' ownership on the Mod Makers.
For argument sake, lets say I made a VassalMod for vanilla Civ4. Since I own both Civ4 and Warlords, I am well within my rights as I am simply useing licensed products that I legally own. Then I release this mod to the general modding public as "a version of Warlords Vassal States for vanilla Civ4". If I understand what you are saying, this is the point were I have broken the agreement, but that is not the case. Any other mod player or maker that owns Warlords (and by default Civ4) can download and use the mod completely legally as they also are licensed and have payed for both products.
If other people that own vanilla Civ4, but not Warlords download and use the VassalMod then they may be in violation of copyright infringments, but I as the mod maker hold no liability.
If it was the other way around then any of us mod makers could get introuble if someone that doesn't own civ at all dowloaded one of our mods and got it working without the Civ4 exe. The point being that the responsiblity falls on the one commiting the unlicensed act, not those that have complied to the law at higher levels.
In the end, while it would be good to cloak yourself in a nice disclaimer like...
This Civilization 4 v1.61 product uses code/systems/concepts from Civilization 4: Warlords expansion product. In order to comply with Federal Copyright Laws and End User License Agreements you must own legal copies of both the origonal Civilization 4 v1.61 and the Civilization 4 expansion Warlords.
The Mod Creater(s), Designer(s), Coder(s), Contributer(s), and those assosiated, both directly or indirectly, with the creation and/or upkeep of this mod inherit no liablity for the miss use of the Mod by any and all End Users.
Both Civilization 4 and Civilization 4: Warlords are Trademarks of Fraxis Games.
... that would be the most you would need to do to protect yourself.
In a more philosophical sense..
I own Warlords, I payed for it.
I still own vanilla Civ4, I payed for it also.
If I want to straight copy code from it and use that in Civ4 v1.61 that is my right.

The chair company can't tell me that I'm not allowed to take the leg off one of my chairs and put it on another chair.
I payed for both them chairs and those chairs are mine and mine alone.

After all, I am an American and I'll be damned if I'm going to take responsibilty for someone elses actions..
The whole information industry wants to make it seem like they still have control or power over what you do with the products you purchase from them. The Ford company can't tell you not to take the seats out of one car and put it in another. the gun company can't sue you if you if you make your own bullets for their guns or even your own guns, and you can even give them away all day long as long as you don't sell them. Why does the coputer information industry think it is different then every other product for all of history?

.
Bottom line (.. I've been saying that alot lately, I think I'll mention that to my shrink..

) you can't reproduce and sell/rent a company's product, even under a different name, without express permission, but that is where the companies rights stop. Weather its a cd, car, pencil, or group of electrons on a computer chip, it is a product that you own and that implies the right to resell, give, trade, alter, and generally use as you see fit. When the product is a direct to download program, a vcr tape, cd, or any other form or data ownership also implies the right to save, copy, upload, and download the product for personal use.
I have several dozen games on 3.5 inch disks that I can't play any more because I don't have a 3.5 drive on my computer. But can I, a legal, licensed, and even register owner of the product, download the program somwhere? No because if the company exists it has closed all the places that had the file for download, even though they don't support the game at all anymore.

Sorry, I'm starting to ramble, time to take the meds
I am not rich, but I payed the 60 bucks at the mall the day Civ4 came out because I'd been learning python for like a year before just to mod Civ. I bought Warlords the day it came out and shucked out another 30 dollars. I'm not pour, but 70 bucks is not nothin. I play both games about equall (Civ4 wins just because I do all my mod playtesting in vanilla). If vanilla had every single function and fluff of Warlords i would stil play vanilla all the time. The two versions play very different, vanilla is more of a laid back building game and Warlords is alot more on the agressive side (heh, imagine that with a name like Warlords

). Fraxis job and area of control is the differenses they put in the exe and create for us to work off of.
Sorry if I get a little passionate, but I am highly interested in this topic as one of my future projects is to take the functionality of Warlords Barbarian Scenario and remake it into a normal mod with a config.ini and useing Dr Elmer Jiggle's CustomEventManager setup. Now I intend to rewrite as little of the code as possible, but because of how unusally slopply it was written and the change of structure probably half or more of the code will need rewriting or be written for the first time.
The glitch comes in that, in the rewriting it is going to become Civ4 v1.61 compatable. It doesn't do anything that requires Warlords, other then the small part that deals with Warlords GG and that part will use the v1.61 GG mods' general unit just fine. I mean should I have to worry about someone without Warlords downloading and useing the mod? Should I error on the side of caution and not make the mod? The answers are No and No. I should make the mod because it is what interests me to mod and I own the parts I need to make it. Should I then, having made it, just hoard it to myself? Definetly not, that flies in the face of everything the internet and Civ4 are ment to be. Besides that it would be nice to give those without warlords a small taste of what is in Warlords and it would just be rude not to give other legal owners the right to share in the barbarian fun. Will people forsake buying Warlords because they now have a VassalMod or my scenario? No, heck they might like it and get the drive to acually buy Warlords.
I guess to say all that in a few lines. Us modders that own Civ4 and Warlords should feel free to use whatever content we see fit, in whatever form, between the two versions. As always, it is up to the users to deside what mods they use and don't use. We are just here to create what we want to use. And in the end, we are only following the Fraxian example by then providing our private mods to other legal users of Civ, except we don't even charge for our time.
Hehe, that was fun, thanx for reading if anyone read all that.. I've killed enough time, better get back to work.
