So we are protected by some special "install wizard next button legality loophole?"
Well, maybe not a loophole, but at least an oversight that can be seen as separable.
OK... got done talking to some folks.
Here is their advice, and my analysis... the very short version. Yes, it's still well over a page. No haiku, sorry but there's a lot to process here.
1. We (as a collective) should look through all of the people who were responsible for the production of OTA. We already have a tenuous connection with that one artist- but OTA was made by a lot of people. I know that a few of you, like Licho, have had Industry insider status at one point or another- maybe we know people, who know people.
I'm not approaching Chris T. directly yet. At best, I have to send it sideways through the Stardock foodchain. This is financially perilous for me, as they're my only retail outlet atm, and I cannot afford to offend them, even inadvertently. So, that's a last resort.
So before I take that route, let's all take a few days and see if we can do anything else. If all we, as a group, can come up with is me throwing a Hail Mary at Chris T. and maybe some help from their artist... that's probably not a strong enough approach that I am willing to commit myself.
So, take a look at OTA's credit list, folks. We all know people, who know people. There may be other ways to deal with this.
What I was told, though, is that a direct approach is probably going to backfire, because the mid-level people won't have any empathy for us at all, and may indeed start stomping on things, because
that's their job.
So I guess being straight-up won't work here. We need to work personal angles and find a relationship or three, and explain our good intentions.
2. Once we find and hopefully bend a few ears... we should ask whoever's highest on the food chain these days, if they'd be willing to talk to Atari.
From the description I've gotten from reading Stardock's blogs, Chris T. sounds like a pretty nice guy, and we know he feels pretty benevolent about the OTA modding scene, so he might
very well help us talk to Atari, if approached correctly. Ultimately, he's probably the guy we want to reach... but probably indirectly, through either that artist or other folks.
3. Some other things to keep in mind:
A. Infogrames reorganized, and is re-branded Atari now, and they're concentrating on the US market.
So... one thing that the OTA mods can do, that would really help... is maybe put copyright notices on startup screens, credit Atari, make sure that you're not hiding your legal relationship with their IP.
C.Y.A...
and it'll look better, if we actually talk to them, that we took care of this before talking to them.
B. Atari is, from all indications, in the doghouse financially. Operating losses for the last two quarters were huge, and they aren't EA- they may or may not be able to afford losses much longer.
There is, in fact, a remote possibility of either buying the rights to OTA, or maybe pitching a genuine remake made with Spring. Not that I have any idea where to go with that yet- that gets into find-a-vc range of money, and even if everything on my end starts growing and getting better, I cannot see myself going there for months to years.
I'm just saying... there
might be opportunities here.
This situation doesn't mean that this is all nice and cuddly. But I think it really makes it possible that they'll see
genuine, newsworthy benefits to being seen as the benevolent partners of the Spring scene, and a lot of media drawbacks to being the people who killed the OTA mods. One thing to explore is whether they'd like the OTA mods to promote their brand, as a way to trade with them.
C. I have not read all of their financials, and I don't know people in their foodchain. So the above is just what I think I know atm, as opposed to real research and some insider knowledge.
D. None of this stuff covers the piracy issue of the open torrent. That's another problem with this policy proposal. I would like to counter-propose that games submitted to this hypothetical thing must meet certain standards, in terms of legality, and that whatever technical solutions are put into place supports that idea.
Same thing with maps, frankly. Most maps are, technically, licensed (C), just like models, bitmaps, sounds, etc..