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General discussion (archive)New release: Red Baron Pack(66 posts)(66 posts)
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This is my favourite topic
Posted October 08, 2009
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w0rma: Heya guys! Let me drop some light on this freeware subject.
Probably original Red Baron was a freeware during some time. BUT if I'm not mistaken RB stopped being freeware after Vivendi bought Sierra. It happens when rights on game are sold to another publisher. So right now RB is NOT freeware.
Cheers!

Heh, Vivendi. That explains it all. Thanks for the clarification.
Posted October 08, 2009
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w0rma: I'm not a lawyer, but my understanding is if you downloaded the game when it was freeware it is legal. If you downloaded the game when it is not freeware - you made illegal action.

I downloaded it off of Kickass, back when it was still around.
http://web.archive.org/web/20000616190726/kickass.com/demo/redbaron.html
Posted October 08, 2009
I think the GOG guys really need to look into this a bit more closely. Both Red Baron and Red Baron 2, which can be upgraded with a patch to Red Baron 3D, are still available for free in several places on the internet. I'm not talking about pseudo-legal "abandonware" or torrent websites either, these are legitimate sites that still claim that Sierra released the game for free years ago and that free release seems to have never been rescinded.
Posted October 08, 2009
Read 10 posts up.
Posted October 08, 2009
I know what w0rma said, but that doesn't change the fact that legitimate sites like FilePlanet are still offering the free download right now, as if the sale to Vivendi didn't change a thing. If the Vivendi sale did change the freeware status of the game, then at the very least those sites need to be sent a "cease and desist". If the freeware status didn't change, then GOG really needs to re-evaluate their deal with whomever is currently holding the license.
Posted October 08, 2009
Sold.
Keep the old flightsims coming!
Thank you GOG.
Posted October 08, 2009
What a great week for releases this has been.
I cannot wait to play this package of flight sim goodness.
Posted October 08, 2009
Well Ground Control is free too but I bought it at gog anyway :-). Maybe I'm strange but even if one game is freeware I'm willing to pay for different better release with bonuses etc.
Post edited October 08, 2009 by igor8472
Posted October 08, 2009
I generally don't understand the appeal of flight sims but this history buff-friendly pack looks nice so it might end up on my wish lish after all.
As for Krondor, I know it's probably too much to hope for (especially because of the almost inevitable licensing issues mentioned above) but I will never ever stop demanding a GOG release of it...
Posted October 08, 2009
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BoxOfSnoo: One that I LOVE is Airfix Dogfighter. Man, I wish more knew about it.
Airfix Dogfighter is genius. I'd love to see that game at GOG. Whoever came up with "Pinky Hill" deserves a medal. I think I need to reinstall it...
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Ralackk: Sorry to be the burster of bubbles but mad otter games are the guys that own the rights to red baron now not dynamix.
Yeah, the other Dynamix sims are unlikely to be on the agenda. At least not through Mad Otter.
Note that Damon Slye is the Mad Otter who bought the RB rights back!
I'm also going to assume that they have found the source code for their games if they are up on gog now.
Sadly not a valid assumption. They only need to have the installer for the compiled game to distribute it here, and I suspect if the source code had turned up, their site would say so...
Post edited October 08, 2009 by Shadowcat
Posted October 08, 2009
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michaelleung: Does that mean the freeware Red Baron I may or may not have is automatically illegal, and I will now be sued?
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w0rma: I'm not a lawyer, but my understanding is if you downloaded the game when it was freeware it is legal. If you downloaded the game when it is not freeware - you made illegal action.

Also not a lawyer, but from my reading of copyright law my understanding of the matter is the same. It pretty much comes down to the legality of the distribution at the time you acquired the game. If you got the game when it was freeware then it was legal for whoever who got it from the distribute the game, and hence all is legal with your copy. Got the game from a source/time of distribution that was not legal, and vice verse. Any further distribution of the copy you currently have is an entirely different matter (short version: if it's not currently freeware, don't).
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cogadh: I think the GOG guys really need to look into this a bit more closely. Both Red Baron and Red Baron 2, which can be upgraded with a patch to Red Baron 3D, are still available for free in several places on the internet. I'm not talking about pseudo-legal "abandonware" or torrent websites either, these are legitimate sites that still claim that Sierra released the game for free years ago and that free release seems to have never been rescinded.

I'd expect that's more of a matter for the copyright holder to pursue if they are so inclined. As far as I'm aware all GOG has is a license to distribute the game, not ownership of the copyright. In most countries only the actual holder of the copyright (or authorized agents) can pursue violations of said copyright, so unless the copyright holder specifically authorizes GOG to take action on the matter it's simply a matter in which they have no legal standing.
Posted October 08, 2009
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cogadh: I think the GOG guys really need to look into this a bit more closely. Both Red Baron and Red Baron 2, which can be upgraded with a patch to Red Baron 3D, are still available for free in several places on the internet. I'm not talking about pseudo-legal "abandonware" or torrent websites either, these are legitimate sites that still claim that Sierra released the game for free years ago and that free release seems to have never been rescinded.
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DarrkPhoenix: I'd expect that's more of a matter for the copyright holder to pursue if they are so inclined. As far as I'm aware all GOG has is a license to distribute the game, not ownership of the copyright. In most countries only the actual holder of the copyright (or authorized agents) can pursue violations of said copyright, so unless the copyright holder specifically authorizes GOG to take action on the matter it's simply a matter in which they have no legal standing.

I didn't say GOG has to be the one that should approach sites like FilePlanet about the freeware version of the game, but it is only in their best interests to contact the actual copyright holder to see what they have to say about the situation. Considering Mad Otter Games only acquired the Red Baron rights last month, it is entirely possible they aren't even aware that some sites are still offering the freeware version.
Posted October 08, 2009
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cogadh: I didn't say GOG has to be the one that should approach sites like FilePlanet about the freeware version of the game, but it is only in their best interests to contact the actual copyright holder to see what they have to say about the situation. Considering Mad Otter Games only acquired the Red Baron rights last month, it is entirely possible they aren't even aware that some sites are still offering the freeware version.

Good point, and quite reasonable. I suppose there is the risk of blowback if people perceive that GOG are actively trying to pull things from being freeware so that they can sell them, but then folks who'd get pissed about GOG simply shooting an e-mail to the copyright holder along the lines of "Hey, just thought you guys should know about this confusion that's going on. Do what you will about it." probably aren't a demographic that is of much concern for GOG (or any retailer) to begin with.
Posted October 09, 2009
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DarrkPhoenix: Good point, and quite reasonable. I suppose there is the risk of blowback if people perceive that GOG are actively trying to pull things from being freeware so that they can sell them, but then folks who'd get pissed about GOG simply shooting an e-mail to the copyright holder along the lines of "Hey, just thought you guys should know about this confusion that's going on. Do what you will about it." probably aren't a demographic that is of much concern for GOG (or any retailer) to begin with.

Right, because anyone that doesn't want GOG to be part of rescinding longtime freeware does...what exactly? Pirates games? Steals from all retailers everywhere?
Posted October 09, 2009
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Bobangry: Right, because anyone that doesn't want GOG to be part of rescinding longtime freeware does...what exactly? Pirates games? Steals from all retailers everywhere?

Probably already downloaded the freeware copy. Or has no intention of buying the game (interpret this as you will) regardless of what actions GOG takes. Or doesn't really have any particular interest in the game but just has an ideological axe to grind. Or is part of a small (albeit vocal) demographic that has little actual market impact due to it being a small demographic. Take your pick.
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General discussion (archive)New release: Red Baron Pack(66 posts)(66 posts)
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