That isn''t accurate. You don''t have to make money from the program for it to be a violation. Denial of revenue is the same as theft from a judicial stanpoint.

Also, computer businesses can be subjected to licensing audits. Even if you didn''t make the model with the program, having an unlicensed copy is piracy.

quote:Original post by Anonymous Poster
That isn''t accurate. You don''t have to make money from the program for it to be a violation. Denial of revenue is the same as theft from a judicial stanpoint.

The AP didn''t say that it wasn''t a violation. He simply stated that unless your game sells you shouldn''t worry because it doesn''t make sense for a company to sue you if they can''t get any money from you. Attorney''s don''t work for free.


Also, computer businesses can be subjected to licensing audits. Even if you didn''t make the model with the program, having an unlicensed copy is piracy.

Right, big computer business, like companies with hundreds of employees, universities etc who have agreements that allow the companies to audit them. There are no laws that require a company or an individual to submit to software audit.

How would Discreet even know that someone had their software unless they had at least one legit license?

Actually its not a viloation of the Gmax EULA to use it create content for new games. The following was taken directly from the EULA, the full text of which can be found at http://www.discreet.com/docs/products/gmax/gmax_eula.pdf:

quote:
"1. Grant of License.
a. Installation and Use.
Autodesk grants to you a personal, nonexclusive license to make and use the Software for the purpose of designing, developing, testing, and producing game content provided that you are the only individual or entity using said Software and provided that you do not modify or alter the Software.....

I interpret that to mean that content for any game, in development or not just games for which they provide game paks.

Althouth if that gets wide spread Discreet could always invoke the termination clause:

quote:j. Termination.
This Agreement shall automatically terminate upon failure by you to comply with any of its terms.
Further, Autodesk may terminate this Agreement at any time, for any reason or for no reason.

[edited by - yspotua on July 15, 2003 5:19:52 AM]

yspotua, I read the EULA the same way, so I actually asked discreet about it.

They definately don''t see it that way, though I''m not sure that agrees with the EULA they''re using. I suppose adding exporters could be considered ''altering the software''.

Plus, they have lawyers on retainer and I don''t.

It doesn't really matter much since that EULA does say in couple of places that they reserve the right to change the terms of the EULA at any time. They further state they can terminate your license at anytime and for any and no reason. I guess that's the major pitfall of using 'free' closed source software...

I don't plan on using GMAX for new content, I just wanted to throw that bit of information into the discussion.

[edited by - yspotua on July 15, 2003 11:26:33 PM]