Your Release

[StRaTo]

Hello. I'm not coming here to start arguments, I'm only here to point a few things out. I just found out about your game yesterday, when it was mistakenly listed as a rip-off of AssaultCube here, but I realized after downloading your release that it was just a mod.

Brahma was technically correct about this game violating some copyrights. What you don't understand is that "The ENTIRE AssaultCube package MAY be redistributed as mentioned above." means including the release with NO MODIFICATIONS WHATSOEVER, AND your mod, not the two of them together, which is what you've done. The correct way to do it would be including a zip file with the official AssaultCube installer, found here, and an installer that would put your files into an existing AssaultCube install, maybe even with installation instructions telling you to install AssaultCube to a different directory. Here's a quote from the Cube 2 readme. It was written about Cube 2, but it applies to AssaultCube as well:

If you insist on making a standalone game based on Cube 2, do realize that only the sourcecode is yours to use freely (if you abide by the ZLIB license, see below), while the media is not. You can't simply redistribute the entire package with your modified files, as the majority of game media is not yours to use freely (it is made by many authors with a variety of licences and copyright restrictions). Unless you have explicit permission from the authors, or the readme says explicitly "may be used for any purpose" or similar language, it will be illegal to include in your standalone game based on the engine (you may not assume that just because a file has no explicit license, that it is free of copyright). Therefore, if you wish to produce a standalone game, be prepared to make many of the maps, models, textures, sounds etc from scratch yourself.

Another thing I've noticed is that when downloading special edition, you don't make it clear that it's an AssualtCube mod. You make it seem like it's your own game (A simple line and a link to the official page would fix this), and you've got it listed on codeplex as being under the GNU license, which is untrue, seeing as the AssaultCube release contains multiple licenses.

On the topic of multiple licenses, you appear to have removed makkE's license file and replaced it with a note reading:

The files here are distributed adhering to the following licence:
"The entire AssaultCube package MAY be redistributed"
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It is distributed with our some of our custom content presnt.

You should still include a note of what files makkE made that you've modified and what license they're under (which is a CC-BY-NC-SA, btw), and a note of who made the other models and what license they're under. I'd be happy to type up which files belong to makkE, if you want. As well as makkE's licenses, you've forgot to include the playermodel's license, which clearly states:

Please consult me If you wish to use this model for anything other than personal use.

There would be no problem with using the playermodel if you packaged your mod the way I mentioned above, however.

You probably think we're trying to get you to stop making Special Edition. I'm definitely not. I appreciate your efforts, and I just want to make sure you make this mod in a way that won't piss anybody off

-StRaTo

[Victor]

A simple line and a link to the official page would fix this

Did you see the credits menu in-game?

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If that isn't enough, it likely qualifies under fair use:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (It's non-profit)
   
2. the nature of the copyrighted work; It's a just a mod
   
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; The copied portion is constantly being replaced with better works and
   
4. the effect of the use upon the potential market for or value of the copyrighted work. Your game doesn't lose profit from my mod.
   

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To finish it off, I created this project to make the game better, not to create conflicts.
Because of the iron sights (no spread, 3/4 recoil when used) and "more realistic" weapons and gamemodes, I have to put it into a separate protocol. Think of this game as a fork.

You probably think we're trying to get you to stop making Special Edition. I'm definitely not. I appreciate your efforts, and I just want to make sure you make this mod in a way that won't piss anybody off

If you did try, you failed. It is already created. Too bad there aren't any servers nor any players Without players and servers, the creation of this game is almost futile.

[StRaTo]

Did you see the credits menu in-game?

Yes, but I was talking about on the download page.

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If that isn't enough, it likely qualifies under fair use:

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (It's non-profit)
the nature of the copyrighted work; It's a just a mod
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; The copied portion is constantly being replaced with better works and
the effect of the use upon the potential market for or value of the copyrighted work. Your game doesn't lose profit from my mod.

You wouldn't have to claim fair use policy if you just packaged the mod the way I suggested. I'd also say the amount of AssaultCube you used was definitely substantial, considering yours is a mod which uses most of the original files. The way you packaged your mod makes it seem like it's a whole new game as well. Yes, there are parts of the package that you are permitted to use, but there are also parts that you aren't, and the fact that you didn't include the files containing information about the licenses just makes it look as if you're trying to claim that you made the files they mention. Also, you have the whole release listed under the GNU General Public License, which means that you can't use any of the original package that is under a Non-Commercial license.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish).

Which, as you actually mentioned when talking to Brahma, is a lot of the release.

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I do realize that you were just trying to make the game better, it's just that the way you're going about it is a bit wrong. Right now, it's generally thought that you're trying to steal part of the release and claim it as your own. You're not exactly going to find yourself getting more players and servers for your mod if the makers of the game that you are actually modding thinks you're trying to steal their content.

[Victor]

Yes, but I was talking about on the download page.

I don't have control over that portion of Codeplex, unless I put a link in every download release, which I will not do.

EDIT: moved to Copyright Complaints.