Legal Advice?

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5 comments, last by Xhadow 16 years ago
Im making a MMORPG and im using DirectX, could get any legal problem by using it?
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Why would you get in legal problems for using a MMORPG you made?
Quote:Original post by d000hg
Why would you get in legal problems for using a MMORPG you made?


i think he means directx
Quote:Original post by fragoulas
Quote:Original post by d000hg
Why would you get in legal problems for using a MMORPG you made?


i think he means directx
You think?

Quote:Original post by Xhadow
Im making a MMORPG and im using DirectX, could get any legal problem by using it?

DirectX can be used to develop commercial games without any fee (and Visual C++ Express too), as soon as you are using/distributing original Microsoft DirectX DLLs (not modified).
English is not my native language.Sam.
You can DL the EULA for the directX SDK at http://www.microsoft.com/downloads/details.aspx?familyid=8B5CD64E-B4BE-4135-95F8-ECFCF9182431&displaylang=en

Relevant text is quoted below. You can distribute it, but only for windows and only if you include your own EULA that offers the same or greater protection the the licensed product (DirectX).

Quote:2. ADDITIONAL LICENSE RIGHTS - REDISTTIBUTABLE CODE.
In addition to the rights granted in Section 1, certain portions of the Software, as described in this Section 2, are provided to you with additional license rights. These additional license rights are conditioned upon your compliance with the distribution requirements and license restrictions described in Section 3.
2.1 Sample Code.
(a) Microsoft grants you the right to: (i) use and modify the source code version of those portions of the Software identified as "Samples" in the Software ("Sample Code") for the sole purposes of designing, developing, and testing your software product(s), and (ii) a limited, nonexclusive, royalty-free right to reproduce and distribute the Sample Code, along with any modifications thereof, in object and/or source code form. For applicable redistribution requirements for Sample Code, see Section 3 below.
(b) Sample Code is identified as all of the files in the following directories and subdirectories of the Software:
(i) <Installed SDK Location>\Samples\C++
<Installed SDK Location>\Samples\Managed
<Installed SDK Location>\Samples\Media
<Installed SDK Location>\Utilities\MView
<Installed SDK Location>\Utilities\Content Creation Tool Plug-Ins
(c) Additional Sample Code may be available by separate download at www.microsoft.com/msdn/directx and may be identified as all of the files sint eh following directories and subdirectires:
(i) <SDK CD ROOT>\Extras\Direct3D\Plug-Ins
<SDK CD ROOT>\Extras\DirectShow
2.2 Redistributable Code. Microsoft grants you a nonexclusive, royalty-free right to reproduce and distribute the object code form of any portion of the Software listed in <Installed SDK Location>\Documentation\License Agreements\DirectX Redist.TXT ("Redistributable Code"). For general redistribution requirements for Redistributable Code, see Section 3 below.
3. DISTRIBUTION REQUIREMENTS AND OTHER LICENSE LIMITATIONS.
If you choose to exercise your rights under Section 2, any redistribution by you is subject to your compliance with Section 3.
3.1 General Distribution Requirements.
(a) If you choose to redistribute Sample Code, or Redistributable Code (collectively, the "Redistributables") as described in Section 2, you agree: (i) except as otherwise noted in Section 2.1 (Sample Code), to distribute the Redistributables only in object code form and in conjunction with and as a part of a software application product developed by you that adds significant and primary functionality to the Redistributables ("Licensee Software"); (ii) that the Redistributables only operate in conjunction with Microsoft Windows platforms; (iii) that if the Licensee Software is distributed beyond Licensee's premises or externally from Licensee's organization, to distribute the Licensee Software containing the Redistributables pursuant to an end user license agreement (which may be "break-the-seal", "click-wrap" or signed), with terms no less protective than those contained in this EULA; (iv) not to use Microsoft's name, logo, or trademarks to market the Licensee Software; (v) to display your own valid copyright notice which shall be sufficient to protect Microsoft's copyright in the Software; (vi) not to remove or obscure any copyright, trademark or patent notices that appear on the Software as delivered to you; (vii) to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of the Licensee Software; (viii) to otherwise comply with the terms of this EULA; and (ix) that Microsoft reserves all rights not expressly granted.
You also agree not to permit further distribution of the Redistributables by your end users except you may permit further redistribution of the Redistributables by your distributors to your end-user customers if your distributors only distribute the Redistributables in conjunction with, and as part of, the Licensee Software, you comply with all other terms of this EULA, and your distributors comply with all restrictions of this EULA that are applicable to you.
(b) If you use the Redistributables, then in addition to your compliance with the applicable distribution requirements described for the Redistributables, the following also applies. Your license rights to the Redistributables are conditioned upon your not (i) creating derivative works of the Redistributables in any manner that would cause the Redistributables in whole or in part to become subject to any of the terms of an Excluded License; or (ii) distributing the Redistributables (or derivative works thereof) in any manner that would cause the Redistributables to become subject to any of the terms of an Excluded License. "Excluded License" means any license that requires as a condition of use, modification and/or distribution of software subject to the Excluded License, that such software or other software combined and/or distributed with such software be (x) disclosed or distributed in source code form; (y) licensed for the purpose of making derivative works; or (z) redistributable at no charge.
~Mona Ibrahim
Senior associate @ IELawgroup (we are all about games) Interactive Entertainment Law Group
Hey thanks Guys =)

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