How do they legally do this?

[Railwaymodeler]

Check this link:
http://cgi.ebay.com/ws/eBayISAPI.dll?Vi ... Q7dQQfviZ1

How are they legally selling the patch? I've seen other eBay auctions that do claim to be selling the patch with the game. Shouldn't Patchman or someone take action?

Or am I missing something about this?

[DaleStan]

I just reported it, but the selling of TTDPatch and OpenTTD are both legal[0], as per the GPL. The selling and/or distribution of the copyrighted original game graphics is decidedly.

[0] IANAL. The still-unknown legal status of OpenTTD may limit that.

[spaceman-spiff]

Am I missing something, he's selling transport tycoon deluxe, I've bought one too on e-bay

[DaleStan]

You are missing at least two things:
1) Transport Tycoon Deluxe does not work on XP or Vista. That whatever-it-is does, therefore it is not TTD.
2) The license to run Transport Tycoon Deluxe (and possess its data files[0]) cannot be transfered seperately from the CD on which they are found. "Digital delivery" and "Sent STRAIGHT to your paypal email address!" both conflict fundamentally with the transfer of a CD.

[0] The data files, at the very least, must be included, as is evidenced by the screenshot.

[spaceman-spiff]

The digital delivery is illegal indeed, you can sell dozens of copies like this

[michael blunck]

Just report it to ebay and they´ll remove it. I´ve done that successfully quite a couple of times over here in Europe.

regards
Michael

[Railwaymodeler]

This is precisely why I don't do much with graphics or the Patch. If I were to donate my time and effort to the game, only for some unknown idiot to illegally, or quasi-legally sell the game and patch online, I would be very mad.

[SpComb]

This is precisely why I don't do much with graphics or the Patch. If I were to donate my time and effort to the game, only for some unknown idiot to illegally, or quasi-legally sell the game and patch online, I would be very mad.

TTD Patch and OpenTTD are licensed under a license that lets anybody sell it for money if they want to. If you want to let people use and sell your copyrighted work, license it under a license that lets them do that. If you don't want to let people sell your copyrighted work, then don't license it under a license that lets them sell it.

If they then violate said license, you can sue them for copyright infringement.

[athanasios]

It is illegal 100%.

Game was never released to work on Windows XP and Vista - this version does.

Which version? It does not mention TTDPatch or OpenTTD, unless he made a new one [under licence of original game rights owner] ( ). So it is illegal.

[Dave]

It is illegal 100%.

Game was never released to work on Windows XP and Vista - this version does.

Which version? It does not mention TTDPatch or OpenTTD, unless he made a new one [under licence of original game rights owner] ( ). So it is illegal.

As SpComb already made clear - it isn't.

[doktorhonig]

The "digital delivery" of the original game is still illegal. Adding patch or openttd can be seen as a "service". There wouldn't be a problem, if the guy just threw a CD with openttd, the patch or a working installation-directory into the box. However, there is no box.

[DaleStan]

Adding patch or openttd can be seen as a "service". There wouldn't be a problem, if the guy just threw a CD with openttd, the patch or a working installation-directory into the box.

Distributing OpenTTD and/or TTDPatch? Sure. No problem. The problem comes with the "working installation" part, as both of those require at least the original data files to be any sort of interesting. The original data files are not, were not, and have never been licensed for distribution by private parties. Transfer, yes[0], but not distribute.

[0] The vast majority of EULAs of that era allowed for the transfer of all media, documentation, and digital copies thereof to from one private party to another, provided the party of the second part agreed to abide by the EULA. (I do not know if this is still standard practice; I haven't read a payware EULA recently, and if I had it would probably be Microsoftian, which I doubt is representative.)
The license cannot, however, be transfered independent of the original CD and manual, which (again) cannot be digitally delivered.

[doktorhonig]

With "into the box" I meant into the box of the original game, which also contains a CD of TTD. It may still be a problem with "may not be reproduced" or whatever, but it would be much better than the digital delivery.

[PikkaBird]

I do not know if this is still standard practice; I haven't read a payware EULA recently, and if I had it would probably be Microsoftian, which I doubt is representative.

Most EULAs these days say that you've bought a licence, not a product, and you can't transfer it. Whether such EULAs are enforceable, or whether they are trumped by copyright laws that allow you to sell on original works, is a question which still hasn't been universally decided.