Someone Is Selling Mods !

**lars573** · 07-10-2006, 13:38

This guy doesn't appear to be doing anything wrong. Everything he's put onto a CD and shipping around is distributed for free over the internet. He's breaking no laws (unless RTR or EB copyrighted there work, which they can't as mods are owned by CA and SEGA). PC gaming magazines have shipped patches and mods on their CD/DVD's before and will again. IIRC RTR was distributed on a gamming mags CD before, right?

When you do something for free you have no cover if someone does something like this. Consultation is nice, but not required.

**Epistolary Richard** · 07-10-2006, 18:54

If the individual in question hasn't got the separate permission of the creators, then it's all down the licences included in the mods/patch.

If the mods/patch has a 'May not be used for a commercial purpose' then it's a breach of the conditions under which he downloaded it. Selling stuff is a commercial purpose, whether he makes a profit, a loss or breaks even out of it is neither here nor there.

Anyone got a copy of the licences of those mods so we can have a look?

**gardibolt** · 07-11-2006, 16:26

Just because something is available for free doesn't mean that it's not protected by copyrights. The author retains the right to control copying, even if he's giving it away himself. If the license on the mod says that it can be freely distributed, then fine, but otherwise it's probably a violation.

**Veresov** · 07-28-2006, 21:05

The correct legal definition for MOD is freeware as you do not charge for the software. The below link is a book that was written on how to sell freeware. Most of the myths out there are that licenses that accompany mods somehow protect them. They don't. You can sell freeware legally by charging a handling and shipping fee.

http://cgi.ebay.co.uk/SARA-BROWN-CD-...QQcmdZViewItem

Since you do not charge a fee for the software you are not selling a license for the software. Thus you can not restrict the distribution of something put out on the web for free downloading.

stalin · 07-28-2006, 22:01

The title of the thread should bechanged to "OMG someone is bying mods why didn't we think of this first, and they are also buying WOW gold too"
Welcome to free enterprise son

**gardibolt** · 07-31-2006, 16:45

Originally Posted by Veresov

The correct legal definition for MOD is freeware as you do not charge for the software. The below link is a book that was written on how to sell freeware. Most of the myths out there are that licenses that accompany mods somehow protect them. They don't. You can sell freeware legally by charging a handling and shipping fee.

http://cgi.ebay.co.uk/SARA-BROWN-CD-...QQcmdZViewItem

Since you do not charge a fee for the software you are not selling a license for the software. Thus you can not restrict the distribution of something put out on the web for free downloading.

Old Sara Brown is kidding herself. Public domain software, sure, but just because something is freeware doesn't mean it's not protected by copyright. There's not a lot of incentive for a copyright holder to go after someone selling their freeware, since there are no profits to protect, but anyone who wanted to enforce their copyrights as a matter of principle would certainly be able to do so.

**Zalmoxis** · 08-02-2006, 07:09

This is very weird. Who would pay for a MOD?

**4th Dimension** · 08-02-2006, 21:08

It's not basicaly paying for a mod. They are paying for someone to download and to burn that MoD on a disc. Not everybody can download fiew hundreds of MB of mods.

But if he is overpricing those discs that's another deal. Basicaly nothing more than 1-3€ scould be charged for a CD considering one CD costs somewhere around 0.5€ (at least where I live).