I did a writeup on how to get a Touhou Project type setup for the Mugen game engine. However, the background behind MUGEN is somewhat complicated, and it could potentially lead to a rule violation. So before I do this, I'd like to get some clarifications on things.
1) The company Elecbyte that made MUGEN closed off the project and their page, not to be heard from until recently. A beta version is in circulation at the moment.
2) There is a page with an FAQ up now, but there's no way to tell if it's real or not
3) As it is, MUGEN can be considered abandonware
4) A line of their agreement says that they have copyrights on it, but as far as we know the company doesn't even exist anymore
As stated here:
Source: (http://www.chillingeffects.org/piracy/faq.cgi)
However, it seems that patched versions of the beta might fall under the Principle of Fair Use given the following:
1. What is the character of the use?
Nonprofit
2. What is the nature of the work to be used?
Published
3. How much of the work will you use?
A majority of it is the original program
4. What effect would this use have on the market for the original or for permissions if the use were widespread?
Elecbyte does not exist in an official form. Also, the original engine was not for sale, and funded by donations. Assuming they did come back, and fully supported MUGEN, no one would want the hacks, as the new Elecbyte would now fix a large amount of bugs and such, and their license allows for customer characters and stages, so current character authors would still be able to work with it.
I think this helps defend it enough, but I'd rather not get too confident, only to find myself with a nice 3 day ban.
1) The company Elecbyte that made MUGEN closed off the project and their page, not to be heard from until recently. A beta version is in circulation at the moment.
2) There is a page with an FAQ up now, but there's no way to tell if it's real or not
3) As it is, MUGEN can be considered abandonware
4) A line of their agreement says that they have copyrights on it, but as far as we know the company doesn't even exist anymore
As stated here:
Question: Can I copy or distribute software that is out of print and has been abandoned for years?
Answer: The right to “Abandonware” is largely a myth. Even a title that seems to be abandoned or in the public domain is probably still protected by copyright, which (for works created after 1978, which includes most relevant software) lasts 75 years from the date of first publication, as specified in 17 U.S.C. §302(c). Unlike trademarks which may be abandoned when not in use, copyright owners are not required to actively market works to the public, offer technical support, or even stay in business in order to keep their protection.
Answer: The right to “Abandonware” is largely a myth. Even a title that seems to be abandoned or in the public domain is probably still protected by copyright, which (for works created after 1978, which includes most relevant software) lasts 75 years from the date of first publication, as specified in 17 U.S.C. §302(c). Unlike trademarks which may be abandoned when not in use, copyright owners are not required to actively market works to the public, offer technical support, or even stay in business in order to keep their protection.
However, it seems that patched versions of the beta might fall under the Principle of Fair Use given the following:
1. What is the character of the use?
Nonprofit
2. What is the nature of the work to be used?
Published
3. How much of the work will you use?
A majority of it is the original program
4. What effect would this use have on the market for the original or for permissions if the use were widespread?
Elecbyte does not exist in an official form. Also, the original engine was not for sale, and funded by donations. Assuming they did come back, and fully supported MUGEN, no one would want the hacks, as the new Elecbyte would now fix a large amount of bugs and such, and their license allows for customer characters and stages, so current character authors would still be able to work with it.
I think this helps defend it enough, but I'd rather not get too confident, only to find myself with a nice 3 day ban.
