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neonfaktory

DOS Freeware -> XP Remake Legal Issues

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I found this old freeware game that I really liked, but was disappointed to find that it didn''t work on Windows XP and they have no intention of remaking it themselves. So recently, I started to make an OpenGL XP remake of the old DOS-based game. What I''m wondering is, do I have to be concerned with any naming or legal issues? For my own file naming, I have just tacked an "XP" to the end of the original name. As long as it doesn''t restrict me in any way (distributing or even selling), I don''t mind keeping it that way as a "tribute" to them, as opposed to pretending thier game never happened. But could this potentially harm me if they decided to make an issue of it, keeping in mind it''s freeware? Thanks for any advice

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I think they just just be happy!

Say: "it''s just a fan thing, nothing commersial or such" and it will be okay, I guess!

----------------------------------------------
Petter Nordlander

"There are only 10 kinds of people in the world. They who understand binary and those who do not"

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quote:
Original post by Pipo DeClown
Start -> Run -> "cmd".
Now go to the DOS-game, and run it from here. It should work.

.lick



not always - there are quite a few "DOS ONLY" games that just won''t run on XP.

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Well, yeah, it is a fan thing, but the 2 main concerns I have are 1. Using thier name with "XP" tacked on, and 2. Distributing or even selling it, although selling is not my current motive - only if it worked out that way.

What I''m thinking is that if they had a problem with any of this, I can just change the name and the gameplay, seeing as it is a pretty generic concept (move and shoot baddies) and it is freeware. But like I said, I''m retaining the name as a "tribute" or appreciation for what they made first. So I dunno, haha

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I have the same problem with games in XP.

the "cmd" in Windows98 is much different than in WinXP, FURTHERMORE, there is a "command" that differs from "cmd" which is effectively "Dos shell 6.22".

That is as close as you will get, and it good enough for Ultima 7, Tie-fighter, privateer, etc, etc, etc...

I have a second drive which I installed win98, and I am able to play all my older games.


www.cppnow.com

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Two letters cannot be trade-marked (hence Windows XP and Athlon XP), ergo you can name your product with XP in the title if you so choose.

For a DOS remake of an old game you have additional concerns. It is an uphill battle. You can obtain permission from the original copy right and/or trademark holder (small chance they''d just give it to you, possibility they would sell it), or you do it anyway and take the risk of being sued. In court you when have to show that the first party has failed to maintain thier copy right and/or trade mark. The owner must maintain thier property (so to speak) or they lose control of it (kinda like a copy right squatters law).

e.g. Atari abandoned many of thier copy rights by not defending it from numerous clones over the years. Then Hasboro bought the rights from Atari and tried to sue everyone. You''re not suppose to do that. (Which reminds me, how did Xtreme Games make out?).

The easiest thing to do, is make a similar, but different, game.

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