[nbos] [FM8] Warning: ProFantasy symbols in FM8 maps"Mark Oliva" Tue May 27th, 2008
Seeing I'm one of the people on this list who has written about how to use CC3 symbols in FM8 maps, I thought I'd better post this information.
We are having our attorney here in Germany review our licenses to be certain that the content of our new campaign setting will be legal. In this respect, he has warned our group not to distribute in any manner FM8 maps that contain CC3 fills or symbols.
Please keep in mind that he's the lawyer. I'm not. This is not intended as legal advice. My only suggestion is that if any list members believe they have an issue here, they should consult their own lawyers for advice. If that's not possible, I'd suggest contacting ProFantasy Ltd., describing your plans accurately and getting a written position from ProFantasy on the matter.
Our attorney pointed out the following paragraph in ProFantasy's EULA:
(i) Subject to the restrictions in section ii and iii, you may freely distribute the maps you create using OUR ARTWORK in CC3 format, but not the source image files (PNG and bitmap artwork) associated with them. You may freely distribute flat files (for example BMP and PNG) exported from CC3 containing OUR ARTWORK. You may publish such maps for commercial gain.
His advice to us was based strictly upon law and case law in the Federal Republic of Germany and the European Community. Therefore, his opinion might not be at all applicable where you live. It also might not be upheld in a court case in Germany.
In his opinion, the right to "freely distribute" maps "you create" is limited by this paragraph to maps created with CC3 and maps exported from CC3. He does not believe that the EULA grants the right to distribute maps in any form that are made with FM8 or other programs. However, because ProFantasy has specifically advertised the use of its artwork with FM8, he believes that there is no problem with using CC3 fills and symbols in maps you make for your own private use. The problem, if there is one, deals only with maps you distribute, in his opinion.
Again, if you think you might be affected, don't brush it off. Contact either your attorney or ProFantasy. I'm aware of two cases where ProFantasy has demanded the removal of material based upon this provision. One case did involve FM8.
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