60% sale on EA Selection including SMAC

[Earthmichael]

To answer the question about out-of-print material, the "fair use exception" of the copyright law permits making a copy of a legitimate original (for personal use only) of out-of-print material (there is no distinction in the law between books, music, video, or computer games).  This copy cannot be redistributed.  The burden of proof is on the copier to show that the material is out-of-print if challenged.   If the material is later reprinted, the copier must destroy the copy, since there is now an option to purchase the material.

This information was obtained from a lawyer friend, and was verified by two other lawyer friends.  Of course, typically if you ask 3 lawyers about anything, you will get 3 different opinions.  So it is very strange that they all 3 agree about this.

So I have no problem with someone who has a legitimate copy of SMAX allowing people to make copies for their own personal use, until such a time as SMAX becomes reprinted.   UPDATE: Since SMAX is actually in print in two version, the fair use exception DOES NOT APPLY.  Buy a legal copy from a source such as:
http://www.amazon.com/Meiers-Centauri-Complete-Crossfire-Expansion/dp/B002OH8U0Y/ref=sr_1_1?s=software&ie=UTF8&qid=1352522777&sr=1-1&keywords=Alien+Crossfire

http://www.amazon.com/Sid-Meiers-Alpha-Centauri-Complete-Pc/dp/B001RIYNF2/ref=sr_1_4?s=software&ie=UTF8&qid=1352522777&sr=1-4&keywords=Alien+Crossfire

[Rymdolov]

About abandonware: They are illegal, but no-one is likely to challenge you about them, just like BU said. If the copyright owner was to send a cease and desist letter to an abandonware site that hosted their intellectual property, the site owners would have no choice but to remove it.

That said, even though some use (abuse) the term abandonware as an excuse to go Svensgaard there are also those who are really only interested in keeping old gems alive. I think that Abandonia falls into the latter category. Not only won't they put out games that are still sold - they also have people actively looking for places where their hosted games are sold and if they find such a place they replace the download link with a link to the shop (it has happened on at least one occasion that I know of). They don't remove the review or anything, in practice making the review page a free advert for the retailer.

So I think that Abandonia is an ethical alternative, if not strictly legal. HotU, I don't remember having such scruples. 

[Buster's Uncle]

That makes a lot of sense.  But I still don't think AC2 ought to exactly seek out a partnership...  Google is a useful tool, however.

[Rymdolov]

I agree on the partnership thing. No illegal activities!

I just wanted to make a little speech in Abandonia's defense.

[Buster's Uncle]

You know, we're fans, and all the modders do derivative works based on someone else's intellectual property.  And we often use yet another IP in the process, like anytime we use a base from another game, or use almost any photo we didn't take ourselves.  It ain't legal at all - notwithstanding Firaxis' rather explicit encougement to fan modders.  I have no real legal right to any of my derivative work as a SMAC(X) modder, y'know?

Legal doesn't bother me much - we're pretty judgement-proof, if it comes to that, and who cares enough to try to come after us?  But doing what's right does concern me.  I guess the sensible measure is:  Is anyone hurt by the action?  Do no one any harm, and you're okay by me.

Thoughts?

[Earthmichael]

I wish people would be more careful about throwing around the term "illegal".

The fair use exception to the copyright law (which IS part of the copyright law), allows one to legally do a lot of the things that people are calling illegal.  This includes making copies and derivative works for a number of reasons, including educational purposes, experimentation, etc. as long as it is not for commercial purposes, that is, you cannot sell the copies or derivative works without first making a copyright or intellectual property agreement with whoever hold rights to the original.

There are many technicalities that keep attorneys in business, but the point of the copyright law was to balance the rights and needs of the original creator with the desire to facilitate addition research, learning, and usage.  This usually works out that if you have reason to believe that the original has been abandoned (such as not being made commercially available to purchase), then you can proceed under the assumption that it has been abandoned (which still does not entitle you to sell their work).  If you are wrong about it being abandoned, and publish something, typically you will first receive a cease and desist letter to remove the work from distribution.  If you immediately comply with this letter, it is very unlikely that you will be pursued for further action, particularly if you document that you made a good faith attempt to buy the work, but could find no source, and/or you made a good faith effort to find the owner of the work and attempted to license the work.

I am not an attorney.  None of this is legal advice.  But then I doubt anyone else posting is an attorney either.  But this is information that I received from multiple attorneys when I inquired into this area of the law at my work.

[Petek]

Here's what's really odd about GOG's claim that they cannot secure the rights to reissue SMAX: The expansion pack is available from Mastertronic (AKA Sold Out Software or SOS). I've never seen an explanation for why SOS was able to secure the rights. It might be because Mastertronic is based in the UK. Another possible explanation is that GOG only reissues DRM-free games and SMAX still requires the CD to be in the drive. (Such DRM was removed from SMAC in a patch.)

[Buster's Uncle]

...?  I still have a 1997 SMAC CD, and there was never any DRM on it; just an extra button to push.

[Petek]

...?  I still have a 1997 SMAC CD, and there was never any DRM on it; just an extra button to push.

That's correct: The original release had no DRM. A subsequent patch added the CD requirement and the Win2k/XP update removed it.

[Buster's Uncle]

Ah.  I thought that was only X.  Well, knowlege is power, and thanks for empowering me.

[Buster's Uncle]

I didn't realize you can still get X from Sold Out Software for six bucks:
http://www.amazon.com/Meiers-Centauri-Complete-Crossfire-Expansion/dp/B002OH8U0Y

I understand this has SecuROM.  On a completely unconnected note, I understand the scientIffic patch undoes that.

[Earthmichael]

I didn't realize you can still get X from Sold Out Software for six bucks:
http://www.amazon.com/Meiers-Centauri-Complete-Crossfire-Expansion/dp/B002OH8U0Y

I understand this has SecuROM.  On a completely unconnected note, I understand the scientIffic patch undoes that.

Wow, this is a great deal, since it includes both SMAC and SMAX for your $5.49.  With $3.99 shipping to the US, that is still a great bargain at under $9.50 for both game and expansion!

[Buster's Uncle]

...And we have the scientIffic patch right here in Downloads at AC2...

[Earthmichael]

Anyone have any idea what the difference is between this two products?

http://www.amazon.com/Meiers-Centauri-Complete-Crossfire-Expansion/dp/B002OH8U0Y/ref=sr_1_1?s=software&ie=UTF8&qid=1352522777&sr=1-1&keywords=Alien+Crossfire

http://www.amazon.com/Sid-Meiers-Alpha-Centauri-Complete-Pc/dp/B001RIYNF2/ref=sr_1_4?s=software&ie=UTF8&qid=1352522777&sr=1-4&keywords=Alien+Crossfire

They are both sold by harleys, but the second one is $.50 cheaper, and it states that it runs on  Windows 7.  The first one does not specify the platform. 

Is there some difference in DRM or other factors?

BTW, there was this useful comment about the Windows 7 installer from jason r brown:
Yeah the installer doesn't work on windows 7 unfortunately, I spent a few hours pulling out my hair until I found bits and pieces of info. This post was invaluable in helping me though, http://forums.2kgames.com/showthread.php?112816-SMAC-on-Win-7-64-bit

First thing you need to do is make a directory outside of program files, or program files(x86) because save files are created within the directory, and windows 7 doesnt like this. I made a directory called Sid Meier's Alpha Centauri on the root of the drive. Next step is copy the contents of programs (directory on the cd) to that directory , then copy over voices/movies/fx from the cd. Now do the same for Alien Crossfire, and just overwrite files when it asks. After you do all of that follow the directions in that link I posted and you should be good to go . Game runs awesome for me and it runs in 1080. Oh terran.exe is for the original, and terranx.exe is to run alien crossfire, hope this helps!

[Petek]

Regarding the two Amazon listings: I think you'll get the same product no matter which one you order. Box art and list price in the first link are wrong. I looked into this several years ago when the SOS version became available. Basically, any Amazon offer that includes both SMAC and SMAX will be the SOS version.

The SOS versions of SMAC and SMAX contain two types of DRM: "CD-must-be-in-the-drive" protection and anti-copying protection (SecuROM). The first type is present in SOS-SMAX, but not in SOS-SMAC. The second type is installed by default by both games. It (SecuROM) will not be uninstalled if you replace the SOS exe files with scient's unofficial patch. Many computer users dislike SecuROM because it interferes with legitimate CD copying programs.

The installation of SecuROM can be easily bypassed, using files that are present on both installation discs. Anyone who buys the SOS product should PM me for instructions how to do so. Even though the technique involves no "hacking", I'm reluctant to post the instructions in public.