doktorhonig wrote: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.