Re: Duke Nukem

"The Merc" <themerc[_at_]gte.net> wrote:
>
> Natalie Norman <natalien[_at_]uswest.net> wrote:
> >
> > Do you suppose a court might favor on the side of the patch creator,
> > particularly where those buying/using patches necessarily own a copy
> > of the underlying game already? No harm, no foul?
>
> as long as it wasn't a commercially distributed item (for profit) there
> was little-to-nothing the software owner/distributor could [legally] do
> about the patch.
>
> don't ask for money and you have nothing to worry about.

1. Fair use?

Are you saying the alleged infringer's defense is fair use where the patch is created for non-commercial purposes? Where a patch created for non-commercial purposes is distributed widely via the net, fair use seems undermined by the potentially negative effect such distribution could have on the copyright owner's market potential in creating their own patches (based on the underlying game) for profit.

2. Derivative Work?

Why can't the copyright owner couldn't bring a suit for unauthorized creation of a derivative work, regardless of whether the alleged infringer profits?

-Natalie Norman
natalien[_at_]uswest.net Received on Sat Sep 26 1998 - 19:11:44 GMT