Sun Jun 18, 2006 10:16 pm by megaburn
I've mentioned this a few times in other threads but I'll explain it here...
Our fair use claim is just that, its a legal defense for a lawsuit, not a license. It cannot stop a lawsuit and given MS's legal reputation it wouldn't even deter one. I'm willing to talk to MS and I'm even willing to accept a cease & desist letter just for a chance to actually open a line of communication with them.
How heres the major concern and why I'm deferring this to TLR...
Openlancer is a product of the TLR community. MS hosts TLR and I recently heard it costs them about a terabyte worth of bandwidth a month to do so, thats not cheap by any measure. MS is slowly dropping Freelancer. If MS wants to kill Openlancer theres a very real risk they'll just shutdown TLR to save themselves the hosting costs rather than spending more money by using resources from their legal dept to send out a cease & desist notice.
I have no idea what the hosting arrangement is. I don't know what TLR's connection to MS is. I do know TLR management is in the best position to deal with this situation. The choices are:
-- Continue “as-is” and hope MS doesn't care. If you can't/won't talk to MS about using the canon or can only get an unofficial statement from MS saying “they don't care” then this is probably fine but it offers no protections...it carries the greatest risks.
-- Contact MS and try to get formal permission to use the canon. This can be a license, a written notice just saying they won't sue, or anything else. Just as long as its in writing and states we can use the canon. If it is a license then it should cover TLR as a whole so it can be applied to as many projects as possible and general fan fiction created by TLR community members, not Openlancer specifically. This is the best option, we should be free and clear to use anything in the canon, including Sirius as a whole or otherwise expanding the scope of how we're using the canon now.
-- Create a new canon, this means you need to rally the community to work on it. This is a community effort and doesn't need to be centered on Openlancer. The canon can be implemented in fanfic writing, FL mods, and ultimately Openlancer. This is 100% free and clear of copyright issues as long as TLR retains ownership of the contributed material and people don't try to copy stuff from other canons in the process of creating a new one. You can safely use the FL “technologies” as a starting point, remember, ideas cannot be copyrighted, only the implementation of those ideas. This can yield a game that feels roughly the same as FL but has a totally different storyline, history, lore, factions/groups, characters, locations, etc...
-- Abandon Openlancer, in this case the development team will move on and attempt to create our own community base to continue development. We'll also create our own canon. This is an all or nothing option to completely and permanently cut ties with Openlancer. This will generate significant animosity, just as our current situation can be mutually beneficial, taking this route will be just as mutually harmful. I only mention it because it certainly is an option and if I were a TLR staff member its something I probably would consider.
I'm deferring to TLR management on this issue but without a staff member telling me point blank what you're doing the project will continue as-is. Attempting to maintain neutrality or possible deniability isn't realistic. If you guys are just busy and haven't had time to consider the situation I totally understand. Sorry I'm being a little impatient here but I really need to know where this is going to continue planning.
I've said this a dozen or more times now, but I'll say it again, if you want a Freelancer sequel or an original community created game, then this is your opportunity to make that happen.
All that said, if anyone wants to go over the Openlancer game design in detail, review the our current Lancers canon implementation, or anything else just let me know.
-Burn