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So you imply that there should be no rules or even guidelines to establish a way forward
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In point of fact, I'm implying the exact opposite. In that it seems odd to suggest setting up guidelines or groundrules to be followed when from a legal standpoint, many have been sidestepped.
It matters not one iota whether anyone states that they are not doing something for profit, you cannot legally take copyrighted work and place it in a product (freeware or otherwise) and distribute it without permission. If I'd duplicated a music CD for a friend, I'd not be doing it for profit, but me saying that wouldn't make it legal!
That I think it is a shame is by the by. Because I've already stated that I think GWX is great. And since Peter Gabriel is hardly a pauper it's probably never going to be followed up, similarly, the inclusion of Das Boot sounds will doubtless not harm Bavaria Studios, but the fact remains that they wanted a vast sum from UBISOFT devs when asked. That such an inclusion had been set as a precedent by RUB might be so, but it is not a legal precedent.
So in essence, what I am saying is that to try and impose rules or guidelines upon things where there is no recourse, while simultaneously breaking rules where there are clearly delineated ones, is not a very firm foundation from which to start, and not that I don't think there should be any at all. My take on this matter for any mods I've personally done, was purely from a personal standpoint on that issue alone.
Taking a moral stance on one point and then glossing over another is bending morals to suit yourself. You can't be 'a little bit pregnant', you either are, or you are not.
I'm not trying to be contentious here, but if one is to set up some rules and 'have it out in public' as you say, then such an issue cannot be simply brushed aside as inconvenient and irrelevant with a 'LOL' as your reply does. I can assure you that nobody involved with GWX would be laughing out loud if they were taken to court over intellectual theft and forced to pay hundreds of thousands of dollars, as I'm sure you must be aware. When you consider this, a free modder getting upset pales into insignificance.
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You know, if we manage to help Bavaria Studios sell another 10,000 copies of Das Boot... COOL. It helps them and fuels the submarine simulation community. NO money of any sort has lined our pockets
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That may be so, but conversely, such a thing may have the very opposite effect to helping the sub sim community. If GWX has improved sales of SH3, Bavaria Studios might be able to take legal action against UBISOFT because of the fact that UBISOFT's profits have improved at the expense of an illegally distributed segment of work. How do you think UBISOFT would react to the notion of producing another submarine sim if that occurred?
If I'm honest, I really do not know where one would begin with setting out some rules, and I assume that the only way subsim could perhaps enforce such a thing would be in a manner similar to the one which makes posting 'hacks and cracks' for software a big no-no.
Although this subject has been discussed many times before, such discussions have often descended into vitriolic arguments, and I would like to think that this thread will not go the same way. I think it might be worth trying to set up at least some sort of 'ethical code' if you will, but there is more to this than meets the eye.