Save the MERP mod!

[Lancer916]

The biggest problem in arguing that WB is actually right here is that the MERP would be a Non-Profit product, which fits in with the wording of "Fair-Use"

 

Basically, that fact alone puts WB in the wrong.

 

And who say's that you can't use LoTR and port it to a third party commercial product with a Non-Profit mod? That's exactly what Third Age: Total War has done! There's no Cease and Desist for Third Age, or Hyrule: Total War (Even with Nintendo being notorious for unfair Cease and Desist orders!)

[Aoikani]

apart from the obvious intellectual property issues, the main bug bear is that you can't use someone else's IP to create content for a third party commercial product. irrespective of the intentions or the availability you just can't do that. using any kind of IP you do not own in any kind of creative or interpreative project without full written consent is illegal.

 

Incorrect. At least in the US, there is this clause in the Constitution called Fair Use. Reserving more rights than the Constitution permits is illegal, abusive, and unconscionable (not to mention, morally wrong). This is something Intellectual Slavers need to get through their thick skulls.

 

yeah I'm personally aware of this legislation, but you need to understand that it does not imply you can do whatever you want with someone else's ip. people seem to think that is the case and it really isn't. fair use: non-profit, educational or personal use. in this case, people were making content for a commercial product which they intended to distribute globally and did not have the permission of the rights holder to do so. as I said, it sucks, but honestly its a real bad idea to mod using someone else's ip without their permission because it always ends the same way: in a CAD letter. :confused:

 

edit: actually to be fair it doesn't always end in a CAD letter. I note the Game of Thrones mod for Crusader Kings 2 is hugely popular for example. but in this case, I think it was a safe bet to say that the insanely lucrative ip, the fact there are other video games made under license by other developers etc. it was always gonna end badly.

 

WB pays for a license, they do not own the IP. Get the facts correct.