An Open Letter to Infogrames (draft)

[Hoek]

A number of us in the Civilization community are extremely concerned about the implications of the German translation dispute. In your press releases regarding the dispute, you imply that any modifications to the game, with intent to distribute those modifications on the internet, violate copyright laws, and that Infogrames will issue similar cease and decist orders for scenario makers, mod-makers, and others unless they obtain express permission from Firaxis. Due to the apparently inadequate response time that helped precipitate the German translation problem, many of us are concerned that we are going to have to check all of our modifications by you, and then wait for an email for approval.

It would be a great help to be more precise about what Infogrames expects us to do in this regard. It would be better for everyone to avoid lawsuits, and the best way to do this would be to be explicit in three things. One: you should explicitly define which areas of modification are subject to your copyright rules. Two: you should explicitly outline what steps need to be taken to obtain permission for copywritten material modifications and their distributions. Three: you should explain the reprecussions for breaking of these rules. It is only fair to outline these issues clearly to the fans.

You should also know that, despite your intentions, you may harm the Civilization community if you are heavy-handed about this. Those of us fans who are dedicated enough to the game and only seek to enrich the community's gaming experience should not be treated poorly. We are your most loyal customers, and it would be a shame to create an environment hostile to creativity.

Signed, Members of the Civilization Community:

Andrew Hoekzema
hoekzema@gwu.edu

[Hoek]

anyone interested in signing, please put your name and email address below. If you are interested in changes, also list them please.

[Cian McGuire]

First off, run it through a spell-checker

Otherwise, I might add something to the effect of this after the last para you already have up there or as an addendum to it:

"In the long run policies such as this only serve to hurt your own bottom line in moving many potential consumers away from Infogames and any product you try to market as they move to companies more intent on cultivating a stronger fan loyalty base. Other companies, including earlier Mircoprose and Firaxis products have fostered such a base, by following policies the exact opposite of what you have chosen to demonstrate regarding the treatment of Kai Fiebach. You claimed that a legal cease and desist order was the most lenient action you could take- and I personally find that unbelievable- a simple email asking the team involved to halt their mod wouldn't have sufficed?

Modifications to a game are not, in themselves, generally seen as breaking the EULA or infringing on any copyright- in fact Firaxis and it's predecessors have always cultivated an attitude encouraging fans to interpret the Civilization line and it's successors as they will which adds years of playability to a game. Would Civ 2 sites still be gaining a healthy number of hits if the scenarios and mods made in the past were not allowed? Is it even in doubt that the mod-ability of the Civ franchise is one of it's key selling points, and the main contributor to it sustaining lasting interest for five years inbetween Civ 2 and 3?

One last point: how can such a policy even effect your bottom line negatively? One still requires a copy of Civilization 3 in order to use any mods, so it's nowhere near comparable to the amount of damage warez and other assorted illegal versions of the game available- why doesn't Infogames take a more active stance on this form of shrink instead of chasing off dedicated consumers, players, and modders?"

Also, whatever shape this takes, add my name to it:

Cian McGuire
keyin666@icqmail.com

[Hoek]

Bump

I will make the changes tonight, (I'm at work now). Of course I'll run it thru a spel cheker tonite

[monkspider]

count me in
monkspider@yahoo.com

[War4ever]

tell them they can expect a lump of coal at christmas from myself

[Shiva]

Let me add my 2 cents:

Infogrames you suck.

[Gromit]

oneandonlygromit@netscapeonline.co.uk

Maybe if all games were released FINISHED and had everything in them that was 'promised' we wouldn't have to mod them at all - well, maybe just a bit.

[Nero Would]

Add my name too.

To me, the most significant points (all mentioned previously) are:

• The German translation project would have done nothing to harm Infogrames or Firaxis since all it would do is enhance the game for people who already had paid for it.
• The game ships with an editor and Firaxis have clearly stated their support of the idea of modding the game.
• As a layman, I can see no legal difference between distributing a translated version of text files and distributing any other mod. If there is a difference, I would like to have it explained. If there isn't, I would like to know if all modders will face legal action.

[Provost Harrison]

I've had my fill of Infogrames's attitude, which seemed to stink from the offset. So yeah, I sign.

[Calorman]

It's probably best not to patronise them with statements like "doing things like this will only hurt your reputation and future sales. " It has the air of a threat about it don't you think?

"In future people (me) won't buy your products because of past grieviences"

Not good.

[Lazarous]

Originally posted by Calorman
It's probably best not to patronise them with statements like "doing things like this will only hurt your reputation and future sales. " It has the air of a threat about it don't you think?

"In future people (me) won't buy your products because of past grieviences"

Not good.

But true.

Laz

[Bakunine]

Count me on too:

Luis Curado
Portugal

luiscurado@bragatel.pt

[Grynox]

Add me as well.

Grynox
sadassow@hotmail.com

[Elowan]

If I own a copy of a book, I can do what I choose to it: mark it up, tear pages out of it, rip off the covers - there is no copyright issue here.

If I write alternative endings etc, especially when the books publisher gives me the tools to do so in the expectation that I will use them - there is no copyright issue because permission to do so is before the fact. Hence publishing mods is ok.

On the other hand - if I translate the book into another language and pass copies out amongst my friends - then there is a copyright issue here. What I would be doing is uttering/issuing illegal copies.

Infogrames is correct in that there is a copyright issue which they have a right and duty to protect. It's the execution of that right which is creating the problem.

A better solution for them would have been to admonish the authors that what they are doing violates copyright law and plz stop. 'On the other hand - we could use your help here seeing that you've made great progress. Perhaps we can come to an arrangement.'

Obviously someone's ox has been gored - on both sides methinks. I also don't believe we really know the entire story here.

The proposed letter is superfluous and will accomplish little except to fan the flames.

Shakespeare put it well: A tempest in a teapot! All storm and fury - signifying nothing.

[Trifna]

Gabriel Gauthier
spray.net@videotron.ca

[Gromit]

On the other hand - if I translate the book into another language and pass copies out amongst my friends - then there is a copyright issue here. What I would be doing is uttering/issuing illegal copies.

Hate it, but it's absolutely true. It would be like selling pirated copies of films released in U.S. to U.K. before they come out.

[Trifna]

The problem isn't that they stopped the German version, it's that their rule has the power to stop about anything. Even what's adding stuff totally creative or anything.

[ParticleMan]

I'm in

John_shaft987@hotmail.com

[senowen]

I used to work in a big university library in the interlibrary lending department. I sent books, journals and article copies all around the U.S. and the world. So, though I'm no expert, I do know a few things about international copyright law.

Elowan, I wish you were right, but no matter what, you are never allowed to distribute copies or modifications of someone else's copyrighted works in any way without a written statement to the contrary. (The exception is fair use law which says that you can make a copy of a part of a copyrighted work for your own personal use, or you can quote a work, however fair use law only covers printed material and excludes maps, certain government documents and music.) Even though Firaxis has implied that modding the game is O.K., they never stated that these mods could be distributed. Technically it is illegal to publish these mods on Apolyton. These people definitely have a legitimate concern.

[Elowan]

The implied permission in the fact of the editor and 'common usuage' would make such a case hard to prosecute.

[Trifna]

Boy... were are all these peoples that replied to the first post about the same subject?...

[Immortal Wombat]

Can't be arsed. I'm taking the Locutus route.

[Jodo Kast]

I'm sorry Elowan, but adding your changes to the Letter would not clarify anything. Sounds to me like you disagree.

This thread is for those of us who need to know what Infogrames has to say about modifications - the company who issued the C&D Order for the German translation.

The point of this letter is Flat Out - NO modifications are allowed without Infogrames consent. I warned everyone about this earlier.

Hopefully Infogrames will respond to this letter and give the Civ-Fanbase a break. As it is, we are all breaking the rule because none of us has requested permission (expections excluded of course).

Someone print this letter out on textured paper, in an easy to read font and mail out copies. You will get a response.... eventually.

[E_T]

Include Me:
E_T_1@MPINET.NET