Posted April 20, 2015
tonurics: Yes.
But I think we can even go a step further and say in this instance: one process creates a derivative work, while the other makes an exact copy (abet with a new file name). The former may fall under fair use, but the later definitely does not.
I'm not really an expert, but I think it could be fair use if let's say the patch was distributed to those who already own the game. But if someone who doesn't own the original gets the transformative work, it doesn't sound like fair use to me really. But anyway, I personally don't mind people doing it, since it's obviously something that GOG had to do, and they didn't. But I think we can even go a step further and say in this instance: one process creates a derivative work, while the other makes an exact copy (abet with a new file name). The former may fall under fair use, but the later definitely does not.
tonurics: I still want to applaud tseliger for taking the time to write an awesome script. When I first started thinking about this: I had the same idea [except my version used diff to discover what files were new/changed/missing]. Which is when I ran into the dilemma of how to deal with new files simply being copies.
I learned quite a bit from this thread about making binary patches :) And it's an interesting catch indeed (with ability or inability to recover the original).Post edited April 20, 2015 by shmerl