[MAP]Fortress Resurrection BETA4

[C.Brutail]

Yes, folks, here it is! The long-long awaited BETA4, the last one in the row. Next one will be the polished, and finished one I promise

http://av43.uw.hu/nexuiz/maps/map-cb_ctf4_BETA4.pk3


What's new?
Lots and lots eye-candy, with funky animated-blinking textures
There's a new camper-bunker too overlooking at the bridge, for both of the teams.

Screenshots:

[Mirio]

r these hole lava or can u swim there.. ?

and is the map still quite big?

[Shoe]

I'll have to check this out to see all the new things, this map has always been pretty exciting to me

Also in the thumbnails it almost looks like you were using the new reflective water... but I guess it's a bit early to be seeing that in non-test maps Can't wait for that to come out in an official release though

[A8hm]

The one thing that I am dissapointed with [ this is a awsome map, I'm going to talk about a set of 6 textures however] is that doesn't use an original skybox. Could you make an original skybox in terragen. Here is a howto: http://www.wemakemaps.com/terragen.htm

[divVerent]

He is not allowed to use the personal use license of terragen to make a freely distributable map, as this no longer counts as "personal use". He'd need to register terragen for that purpose, but THEN he'd be allowed to use it to create skyboxes for his maps (no matter what leileilol says, by the way - the terragen website clearly states "You will have the non-exclusive rights to use Terragen within a business and/or commercially exploit any material you create with it.", which obviously includes using terragen generated skyboxes in a map.

[A8hm]

US courts have ruled that the output of a program cannot be copyrighted / claimed by the owners/authors of the program. The copyrights go to the user. Any output he creates in terragen is copyrighted to him. Weather he has a properly licensed version of terragen is between him and the company (he might have one even).

The terragen authors cannot invalidate his copyright to his skyboxes regardless of licensing status.

So, yes, he can release skyboxes he creates in terragen under whatever license he wishes to release them under no matter if his copy of terragen is legal or not.

That is the law.

[divVerent]

In the US maybe. What about the other countries? US courts are nothing in the big world (even though the US people tend to think they are the only ones in the world).

Also... yes, I think too that the program does not get the copyright on the created skybox. But by releasing a map with it, C.Brutail breaks the license he had for terragen, which makes it possible for them to sue HIM (but nobody else who has the map pk3 or distributes it). And this can get quite more expensive than the $99 registration fee.

However, there may very well be countries in which terragen DOES get a copyright on the data, which would make life dangerous for those who distribute the pk3 too.

I see one loophole that would at least work in the US and Germany: he could play around with terragen "for fun" (without thinking about releasing the created images). This certainly is personal use. And of course he may keep the skybox images he created. If he then LATER decides that he wants to use them for his map, it may be fine. But if he uses terragen IN ORDER to use the skyboxes in the map, his terragen copy automatically transforms into warez. However, I don't think a judge would believe this scenario...


Plus, now the ethical side... IMHO it is anything but right to use warez to create free software/content.

[A8hm]

Yes, I'm talking from US law as it's all I know.

Now that we know his copyrights are valid we have to defeat the next problem and that is the license. There are two ways to do this in the US.

First is the first sale doctrine and the next is the electronic signature laws.

Terragen inc is selling you terragen for $0. You buy the software for $0. They didn't negotiate with you. You can do whatever you want with the software now (first sale doctrine applies).

Second is trying to get you to agree to an End User License Agreement. This Agreement is a contract, however you did not give any identifying information [you just click 'I Agree'] which does not qualify as an electronic signature.

[divVerent]

In the specific case of terragen, it may be the case that the agreement is void, as you don't get it BEFORE downloading. On other sites (e.g. sun.com), you need to agree to the terms before downloading... which makes it valid.

But, it is too dangerous to rely on that.

[KadaverJack]

For commercial use as described in the License Agreement, registration is required beyond the initial trial period. This also entitles you to additional benefits and removes the restriction on image size. Terragen is free during the initial trial period.

Doesn't that imply that you're allowed to use terragen for whatever purpose (commercial use included) within the "initial trial period" without registering?