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Old 11-30-2007, 11:43 AM
mmitch10 mmitch10 is offline
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Join Date: Oct 2007
Posts: 14
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Quote:
Originally Posted by jasonbirder
Secondly the EULA refers to
Quote:
To modify the Multimedia Product or create any derived work
- To create or distribute unauthorised levels and/or scenarios,
Which means that movie makers, mission builders, skinners etc etc are all in breach of the EULA, something that I think we’ll all agree is ridiculous – no-one is going to be considered as breaching the law by creating a third party campaign and distributing it nor releasing a populated map template and releasing it…so why would it be considered illegal to create a retextured map and release it for example? The EULA makes no reference to what is considered acceptable and not acceptable in this context…simply because it was never written with the intent of preventing third party modification of legally purchased software…it was written to prevent commercial abuse, piracy and plagiarism!
You raise some interesting points in your post, and I don't have the time to comment on all of them. However, I don't agree with your opinion that because the EULA makes no reference to which files can be modded, then *all* the files can be modded.

It's a question of acquiesecnce. The EULA prevents the purchaser from modding files, but because certain files (skins, speech, missions) etc. are not encrypted, and becuse no-one has tried to prevent people from creating missions, skins etc in the 6 or so years that IL2 has been out, then it can be argued that the owner, has effectively acquiesced to us making thses modifications.

The .SFS files on the other hand are encrypted. That is a clear statement of intent from the owner that they do not wish anyone to hack these files, and to do so would be a breach of the EULA.

As a strictly offliner, the issue doesn't really affect me, but for what it's worth I chose not to install any of the mods.

As to the other points, I'll leave it to other people to comment.