RM & GPL-Why it doesn't work&Why you should care

[Mouser]

I've noticed a few scripts being posted here that upon examination are released under the GPL license (version doesn't matter). The 'currency' script is the one that caught my eye, but I believe there are others as well. IIRC, someone posted artwork under the GPL... I'm not against "open source" or "free software", but this is a combination that simply does not work.

A script under the GPL requires that its source code be made available to the end user. So far, no problem. But it then requires that any code that links to that script must also be licensed under the GPL - meaning its source code must be released and available to the end user (this is the 'viral' nature of the license).

In the case of RPG maker, that means that if you use a GPL script in your project, you must give the full source code of every script, and more importantly, the source code of the game engine to anyone who gets a copy of your project. Since you don't have the source code for the game engine (and can't get it under the EULA of RPG Maker), there is no way for you to comply with the license.

The upshot of all of this is that once you put a GPL'd script into your project (say, the aforementioned currency script), you may no longer legally give anyone a copy of your game at any time for any reason. Whether the game is "free" or "commercial" makes absolutely no difference. You may not give an unfinished copy of the project to someone for playtesting. You may not post your project somewhere for others to download. You may not submit it to someone for a 'Let's Play'. Nothing.

This is not a bug - it is a feature. The GPL was created specifically to prevent "free" (as in libre) code from ever being used in or by proprietary software (like RPG Maker).

Practically, does anyone really care? Yes - the Free Software Foundation scours the web looking for GPL licensed code (using automated spiders and such) and checks that none of it gets used in proprietary software, which they view as basically "evil", denying end users rights that the FSF believes they should have.

Generally, they will send a cease and desist until you make your code compliant. In this case the only way for you to make your code complaint is to remove the GPL scripts, so you would have to remove the original code from the web, attempt to contact everyone who has a copy of your program and tell them that it was illegally distributed and ask them to install your 'update'. If it is hosted on a 3rd party website, that site would get a similar letter ordering them to remove your project, and in the worst case (still possible) the FSF could get a list of those who downloaded the project and send them all cease and desist / uninstall messages. If physical media is involved it gets really ugly.

You can imagine what that sort of thing would do to your reputation.

THIS STUFF HAPPENS.

The Terms of Use and licensing of software isn't just a 'click through' box that you can ignore when you are developing software with the intent of distributing it to others: again - not charging money for your project does not make you exempt from Federal copyright or any other laws (other countries obviously have different laws, but any country that has signed the Berne Convention has copyright protection).

If you are a script writer: there are licenses out there that can 'protect' your code and how it is used while still being 'compatible' with RPG Maker. Anyone who needs or wants help with this can PM me - I'll help you find one or write your own. There are probably others here who can help as well. Look at the Terms of Use of other script writers and see what they have done to get some ideas if you need help getting started and want to create your own Terms of Use: not hard to do - it's when patents and trademarks and constant contributions from 3rd parties get involved that it becomes complex.

 

[Tsukihime]

My terms of use are really informal and do not have any sort of legal binding. People can probably literally just delete the header and claim the script as their own and even distribute it as their own work. Or, just use it in their own project without permission.


I would love to be able to issue legal notices to anyone that I catch though. That would be something useful to have, if, for example, someone's making millions off my work without me knowing anything about it and now I feel like suing for $$$.

 

[Mouser]

Terms of Use being written 'informally' and not in 'legalese' does not make them any less legally binding.

Someone can always delete the header files of scripts - text comparison software and other behavior tests can be used to "prove" whether or not the script was originally yours.

The most important thing if you want to enforce your license is to register your scripts at the Dept. of Copyrights. They even explain in their FAQ how you can 'bundle' your scripts together so you only pay the fee once (it also means less work for them, so it's a win/win).

Remember - if there is no license or Terms of Use, the default is Copyright Law which says other people can't make a copy of it at all.

 

[Tsukihime]

What if someone decides to copy it before you actually register it formally, can they can argue that it wasn't yours to begin with or even oppose your claim to ownership?

 

[Engr. Adiktuzmiko]

Well, there are methods I guess that can be employed to do find out who really made it... but then again, applying for the copyright first will most probably work better for you... Plus AFAIK, different countries have different copyright laws

 

[Mouser]

What if someone decides to copy it before you actually register it formally, can they can argue that it wasn't yours to begin with or even oppose your claim to ownership?

Generally, first to register wins. The burden of proof would be 'reasonable doubt' that they came up with the stuff before you did (essentially saying you copied them). Keep records and backups of your work - yours are on a website that I'm sure makes regular backups as well as the possibility of being on the wayback machine.

My purpose for this thread though is to try and prevent people from ending up in a situation where they put a lot of work into a project only to find that they can't legally release it because they didn't check the license of all the scripts they used or understood the real consequences of those licenses. I don't know how many people have that currency script in their game, but unless Kalacious changes his license, all of them now have projects they can't legally let anyone else play (unless they're sitting at the one computer RPG Maker is installed on).

It's also to show script writers why putting your script under the GPL isn't a good idea and won't do what you want it to do.

It doesn't keep the code "free" - it prevents the code from being shared at all.

 

[jonyfries]

Under the Berne Convention the work is protected by copyright law the moment it is created. There is a second treaty that the US is a member to that requires a notice be attached to the work (so something like copyright jonyfries 2014). That is in theory, in practice of course you need to be able to prove that you created the work. Mailing something to yourself so it would have the postmark is something people have done. I don't know if thats successful though, I'm no lawyer. Although I did read the Berne Convention treaty, its an interesting read in my opinion....

http://en.wikipedia.org/wiki/International_copyright_treaties

 

[Zeriab]

Copyright registration in the US is indeed not needed.

It does make you stand much stronger in court. Therein lies its merit.

 

[Mouser]

Under the Berne Convention the work is protected by copyright law the moment it is created. There is a second treaty that the US is a member to that requires a notice be attached to the work (so something like copyright jonyfries 2014). That is in theory, in practice of course you need to be able to prove that you created the work. Mailing something to yourself so it would have the postmark is something people have done. I don't know if thats successful though, I'm no lawyer. Although I did read the Berne Convention treaty, its an interesting read in my opinion....

http://en.wikipedia.org/wiki/International_copyright_treaties

Mailing something to yourself does nothing.

If you have not registered your copyright, you have no standing to bring a copyright infringement suit against anyone.

It's $35 and not hard to do:  http://www.copyright.gov/help/faq/

Incidentally, copyright is what gives licenses like the GPL their force of law, and what creates the problem I addressed in the OP.

Without a license to the script (which you can't have if the script is GPL'd since you can't follow the terms of the license), copyright protections go into place: you can't make a copy of your game to give to anyone, because you don't own the rights to the GPL'd script.

 

[jonyfries]

"Copyright under the Berne Convention must be automatic; it is prohibited to require formal registration (note however that when the United States joined the Convention in 1988, it continued to make statutory damages and attorney's fees only available for registered works)."

-- http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works

 

[Mouser]

"Copyright under the Berne Convention must be automatic; it is prohibited to require formal registration (note however that when the United States joined the Convention in 1988, it continued to make statutory damages and attorney's fees only available for registered works)."

-- http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works

Personally, I think this was a good move - our courts are filled enough with lawsuits as it is.

In the US, it works like this - If I write something down on a cocktail napkin (other than a common phrase), that "work" is copyrighted with my as the rights holder. But if anyone copies my "work", I can't do anything about it unless I've gone through the trouble of registering it with the Dept. of Copyrights.

In essence, it's similar to what Valve ended up doing with Greenlight and the $100 entrance fee. $35 isn't a "barrier to entry" for anyone: the FAQ goes out of its way to explain how you can save money (and save them work), by bundling a bunch of different stuff together. It just shows that you cared enough about your rights to take the time to fill out some forms and fork over a bit of cash. If you haven't shown at least that much interest in protecting your rights, you don't have standing to sue someone over them. Ownership of the copyright probably won't even be in dispute - it's whether or not you have the standing to bring a suit forward.

 

[kerbonklin]

Dam, this was definitely a good read. Quite scary indeed.

 

[Zeriab]

Take a look at the Copyright Basics document from the United States Copyright Office

Copyright Registration
In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copy right. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:
• Registration establishes a public record of the copyright claim.
• Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin.
• If made before or within five years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
• If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
• Registration allows the owner of the copyright to record the registration with the U.S. Customs Service for protection against the importation of infringing copies. For additional information, go to the U.S. Customs and Border Protection website at www.cbp.gov/.
Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired.

Note the interesting bid about copyright protection being less for works of U.S. origin.