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Infogrames Serves Civ3 Fans With Cease and Desist

janolder writes "According to multiple articles on heise online (German only), the leader of an effort to localize Civilization III for Germany, Kai Fiebach, has been slapped with a cease and desist letter, including $500 lawyer bill from Infogrames Germany. A grassroots effort to help Kai and tell Infogrames off is forming." "Background: Most European versions of Civ3 are late. With a slated release for March 2002, Kai and a group of Civ3 fans decided to translate portions of Civ3 to German and to make the result available as a set of files to be applied to the US on time for Christmas. Kai informed Infogrames of his effort and even offered to join forces with their localization team if only the game would be released sooner. Sadly, Infogrames reacted by sending Kai a cease and desist letter, alleging copyright infringement. The home page of the translation effort has already been taken down.

The reason for Infogrames' reaction seems to be that Infogrames Germany doesn't make a single penny on the US version of the game sold through Amazon Germany and other vendors."

226 comments

  1. I tags by Levine · · Score: 4, Funny

    Watch out for those I tags, there, Chris.

    Cheers,
    levine

    1. Re:I tags by Anonymous Coward · · Score: 0

      Yeah, chrisd needs to insert tags between the two parts of the writeup.

      At least he seemed to have learned not to add periods to title.

      He's slowing getting it. Now if he could add some typos in there, he might climb up to the same slashdot-proficiency level as CmdrTaco.

  2. Applied to the US? by Quarters · · Score: 3, Funny

    Kai and a group of Civ3 fans decided to translate portions of Civ3 to German and to make the result available as a set of files to be applied to the US on time for Christmas.

    Well, I hope I have time to finish typing this before das ereignet.

  3. binary modification = illegal :( by ardiri · · Score: 1

    i think its great that people are pushing forward on things like this (translating resources), however, under most EULA's - reverse engineering or modification is looked down upon.. its unfortunate for the german civ3 translation - but, maybe they should have kept it to themselves (or, setup a private group for obtaining the translated versions)

    1. Re:binary modification = illegal :( by Rolo+Tomasi · · Score: 3, Insightful
      Not in Germany. In the U.S., when you buy software, you actually buy a license to use that software, which allows the software company to impose all kinds of restrictions. In Germany, buying software is no different from buying a loaf of bread (from a legal point of view), so you can do with it anything you like.

      The problem here seems to be that the text those guys are distributing is (c) Infogrames.

      --
      Did you know you can fertilize your lawn with used motor oil?
    2. Re:binary modification = illegal :( by ardiri · · Score: 1

      Not in Germany. In the U.S., when you buy software, you actually buy a license to use that software, which allows the software company to impose all kinds of restrictions. In Germany, buying software is no different from buying a loaf of bread (from a legal point of view), so you can do with it anything you like.
      maybe true, but, you dont go giving your loaf of bread to everyone in the world now? you normally eat it by yourself or your family. they probably shouldn't have released it for public consumption (as i originally said)

    3. Re:binary modification = illegal :( by Anonymous Coward · · Score: 1, Insightful

      from the Fireaxis website:

      "One of the enduring strengths of the Civilization franchise has been its ability to be customized by the fans.... Firaxis is very interested in Civilization III having an active mod community, but need to know where our efforts are best spent. Together we can make Civilization III a potent platform for not only exploring factual history, but also your creativity and interests. "

      Apparently having the game in your native language does not apply as someing in fan's 'interests'.

      As the german site linked above states, it's Infogames German division that fears they'll loose money if this voulenteer effort gets the product done before they do - it's all the *same company* people, it's just a different local manager, who wants to make sure he/she gets their bonus so they can buy that new SUV they've been coveting etc. etc. etc. I would understand (and I wouln't characterize the management as I have) if they approached these people, personally, thanked them for their effort, and tried to work out something. It's *obvious* that the german fans involved had this attitude, but the company just reacted with the easiest, most convenient 2x4 they could find. Typical. *end rant*

    4. Re:binary modification = illegal :( by Rolo+Tomasi · · Score: 1

      Sure, we completely agree on this. But the reason that they are not allowed to distribute their patch is that the files they are distributing contain copyrighted material, and not that the EULA prohibits it. E.g., a patch to remove the copy protection would be completely legal.

      --
      Did you know you can fertilize your lawn with used motor oil?
    5. Re:binary modification = illegal :( by 1155 · · Score: 1

      Maybe he would get a bigger suv if he would hire the guy, since he seems to know what he is doing. Would be a solution for all parties.

    6. Re:binary modification = illegal :( by innocent_white_lamb · · Score: 1

      The problem here seems to be that the text those guys are distributing is (c) Infogrames.

      It is?

      You meet someone and say "Hello, sir. How are you today?" and I hear you say that. I think that's a pretty good phrase, so when I next meet someone I say, "Howdy, dood! Howzit hangin, my man?" am I infringing on your copyright to the phrase you uttered initially?

      Same meaning, different words.

      --
      If you're a zombie and you know it, bite your friend!
    7. Re:binary modification = illegal :( by Anonymous Coward · · Score: 0

      LoL, love people with an iq 10.

      Sadly theres no laws against being stupid.

    8. Re:binary modification = illegal :( by Quok · · Score: 2, Informative

      Actually, for those of you living in the US, EULAs may be completely invalid in your state. For instance, here in Kansas the law states that if you are not able to see the complete contract (EULA) before paying for the software, a sale takes place and you are free to do whatever you want with the software. However, if you are able to read the EULA before the exchange of money, you are licensing the software and are bound by the restrictions of the EULA. Click-through agreements seem to be bound by this law as well, as long as the above conditions are met.

    9. Re:binary modification = illegal :( by Lars+T. · · Score: 1

      Actually, Firaxis was supportive of the translation. But they are only the developers and don't count when it comes to business.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    10. Re:binary modification = illegal :( by Lars+T. · · Score: 1

      So why don' you speak Vietnamese?

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    11. Re:binary modification = illegal :( by mgblst · · Score: 1

      not the same meaning at all, "Hello, sir. How are you today?" means that you are a well spoken gentleman, while "Howdy, dood! Howzit hangin, my man?" means you are a complete moron with a desperate need to the chlorinated out of the gene pool.

    12. Re:binary modification = illegal :( by Anonymous Coward · · Score: 0

      Pick a "well spoken gentleman", bribe him to say "Howdy, dood! Howzit hangin, my man?", and watch his genes transform into something despicable?

      You are completely ga-ga, my man.

    13. Re:binary modification = illegal :( by MaxGrant · · Score: 1

      Posts like these, where rational debate is gleefully displaced by jackassed elitism, are one of the many reasons I'm avoiding Slashdot these days. Thanks for reminding me of what I'm not missing. I'll be back in about a year to see if it's gotten any worse.

  4. I think one of the problems by friday2k · · Score: 5, Interesting

    seems to be that the game is not yet available in Germany and that the effort going on will cost Infogrames a lot of money (the heise article, which, btw, is here says so, too). Also there will be issues with support. And it is there intellectual property. So, by altering a closed source program without permission they stepped over some border line. Wouldn't it be prosecuted here in the US under DMCA?

    - Just my 0000010 cents

    1. Re:I think one of the problems by Anonymous Coward · · Score: 0

      Oh, fuck their "intellectual property". Copyright, trademarks and patents are more trouble than they're worth. They should all be scrapped, immediately.

    2. Re:I think one of the problems by ChenLing · · Score: 1

      But Kai and company are not *selling* the 'patch'. It's more of a fan based mod-pack. So there is not intellectual property problems (if those things are actually valid in the first place). The main problem, as you and the story pointed out, is that Infogrames Germany will lose money, because they will try to sell the German version themselves, and receive no money from Germans buying the US version and applying Kai's patch.

      --
      "You have the option of insanity. I do not. And that makes me crazy!" - Brian to Angela, My So-Called Life
    3. Re:I think one of the problems by Antity-H · · Score: 1

      BTW have the modified files been published?
      if not infogram hasn't lost any money yet, and it would have been a better move for them to exploit the fan's work to speed up their translation and boost their christmas sales instead of undertaking a useless and shameful attack on these guys.
      Well maybe i missed some important point here and infogram's gail is not to make money but to prove the world it can make a release all by itself even though they are slow to it

    4. Re:I think one of the problems by Anonymous Coward · · Score: 0

      But in America they wouldn't have been sent a bill.

    5. Re:I think one of the problems by benwb · · Score: 3, Insightful

      From the article it sounds like the the German company is not going to make any money off of the US version. It would also seem likely that the US company will not make money off of the German version, although there probably is some sort of licensing fee. IAMNATPC, (I am not a transfer pricing consultant) but the licensing fee probably generates less income than a direct sale. Ergo the US company would probably be very happy to have a bunch of translators working for free to increase their revenue.

    6. Re:I think one of the problems by Weird+Dave · · Score: 1
      IAMNATPC, (I am not a transfer pricing consultant)


      Yeah, I always feel like typing that extra letter, too. I just thought I'd put in a comment before someone tries to rip on you.
      --

      Grumble, Grumble
    7. Re:I think one of the problems by Anonymous Coward · · Score: 0

      it is there intellectual property

      their.

      Have a nice day.

    8. Re:I think one of the problems by havblue · · Score: 1

      Mwa ha ha ha ha, the slashdot mentality at its barest! Just say "fuck intellectual property" and forget about rationalizing why it would be better for society. (since it's better for /.ers)

    9. Re:I think one of the problems by Patrick+Seurre · · Score: 1

      Wouldn't it be prosecuted here in the US under DMCA?

      Surely if this guy had gone ahead and produced the patch anyway any breach of the law would have involved the German authorities and German law since the crime (assuming it was seen as one) was perpetrated on German soil?

    10. Re:I think one of the problems by Patrick+Seurre · · Score: 1

      Forget my last post - I just realised I got the wrong end of the stick. I was thinking about what happened to Skylarov. I really need to learn to read these things more carefully.

    11. Re:I think one of the problems by xanadu-xtroot.com · · Score: 1

      Infogrames Germany will lose money, because they will try to sell the German version themselves, and receive no money from Germans buying the US version and applying Kai's patch.

      Did you actually read what you typed? How is it that InfoGames will recieve no money from Germans buying the US version and then applying Kai's patch? It's not like he's making a totally hacked (read: cracked) version of the game, just a patch to apply on top of it (inside it, under it, however you want to look at it...).

      --
      I'm not a prophet or a stone-age man,
      I'm just a mortal with potential of a super man.
    12. Re:I think one of the problems by Anonymous Coward · · Score: 0

      The DMCA has absolutely nothing to do with this.

      Go read it, or at least read what it is from a source other than slashdot.

    13. Re:I think one of the problems by SuperLiquidSex · · Score: 0

      the GERMAN company will recieve no money. Diffrent companies same Company.

      --
      Oops....you'll know what I'm talkin about in a bit.
    14. Re:I think one of the problems by Anonymous Coward · · Score: 0

      >IAMNATPC, (I am not a transfer pricing >consultant)

      Now, this has got to be the best way to use an acronym that we ever saw. Extra points awarded
      for the actual acronym being incorrect. Although,
      IAMNOTALANGUAGECONSULTANT (I am not a language consultant).

    15. Re:I think one of the problems by Tuxinatorium · · Score: 1

      Firaxis is the developer. Infogrames is just the german company contracted to localize Civ 3. The game is not Infogrames' IP.

      Firaxis won't lose any money from this, because people will still have to buy the US version before they can get the patch to translate it.

      Infogrames will lose money, because they get few dollars of a skim on every german-translated copy they sell. If people can buy the US version and translate it to german with a patch, Firaxis gets the extra $5 instead of Infogrames.

      Whether or not this is illegal depends on the wording of Firaxis' contract with Infogrames. If it gives Infogrames the EXCLUSIVE right to translate Civ 3 into German, then the patch might be illegal. I doubt it is worded like that, because that would be pointless. Why would Firaxis want to stop people from expanding their market share for _free_ when they're paying Infogrames to do it? There's the possibility of mistranslation, but it's just like any other mod or scenario. Downloader beware.

      Anyway, the patch probably isn't illegal, and if it is, it shouldn't be, because it's not hurting anyone unfairly. If infogrames loses money, it's because their lazy asses were too slow to translate it. That's not IP infringement, that's free market capitalism.

    16. Re:I think one of the problems by Anonymous Coward · · Score: 0

      Actually, Microprose owned the IP to the Civilization series. They were owned by Hasbro Interactive, and when Infogrames acquired HI, well...it is Infogrames' IP. Remember, Sid Meier works for Infogrames, not Firaxis.

    17. Re:I think one of the problems by elvum · · Score: 1

      Whether or not this is illegal depends on the wording of Firaxis' contract with Infogrames. If it gives Infogrames the EXCLUSIVE right to translate Civ 3 into German, then the patch might be illegal.

      I think you've misunderstood the point of exclusive license agreements. Such an agreement would prevent Firaxis from getting someone else to do the work without Infogrames permission, but A. Hacker can't be bound by the terms of a contract he or she hasn't accepted!

    18. Re:I think one of the problems by Anonymous Coward · · Score: 0

      It's been a work in progress, but there has
      been a project homepage with some results.

    19. Re:I think one of the problems by Performer+Guy · · Score: 2

      Babelfish alters web pages all the time for translation purposes. Are you agreeing that babelfish is breeching Copyright of the page authors?

      Why can't I write a script which patches a software program for translation purposes, how is that a breech of copyright if it requires the original package?

      What is actually happening here is that Infogrames have a revenue recognition problem because they don't know how to run an international publishing company. They're late with a release that fans want, and they are abusing the law and their hard core fan base.

    20. Re:I think one of the problems by Erasmus+Darwin · · Score: 3
      "Did you actually read what you typed? How is it that InfoGames will recieve no money from Germans buying the US version and then applying Kai's patch?"

      Actually, you're the poster with a reading comprehension problem. Both the poster you replied to and the original Slashdot article text explain that Infogrames GERMANY doesn't get credited with revenue from sales of the US version. The problem that the patch causes is Infogrames's German division not receiving revenue. This, in turn, reduces the likelihood of future German translations, despite a potentially large German audience.

  5. hmm by Anonymous+Pancake · · Score: 0, Insightful

    Important news, someone violates copyright and gets in trouble for it!

    If Infogrames has the distrobution rights for civ3 then this would cause them to lose money. Losing money is ussually considered bad by most companies.

  6. I Will Help by r.suzuka · · Score: 1

    Hello. I have made several posts in the last days about a friend who found himself in similar trouble with Sony.

    If someone can recommend a page will more information in English (or even better Japanese ^_^) I will gladly do what I can to help. It hurts me very much to see dedicated fans and hobbyists be threatened and intimidate for doing things that will only benefit the company in the long run.

    I do not wish to see this lawyer paid but if it must come to that I will gladly help do a small bit to assist. I will even pay to assist in the German localisation, assuming that it will continue after this unfortunate incidence.

    Please reply with additional information if it is available. I wish to know more but I have plenty of trouble with English, to say nothing of German ^_^

    R. Suzuka

    1. Re:I Will Help by Anonymous Coward · · Score: 0

      R. Suzuka: Just curious, what is Sony upset about?

      ardiri: Doing binary modifications is generally considered "a good thing". I don't see anyone complaining about the unofficial English translations of Seiken Densetsu 3, Tales of Phantasia, Dragon Quest 5, or Final Fantasy.

      This stuff happens because companies are in general very bad at marketing outside their home country ("all your base" being one example). In this case, they are not only demonstrating incompetence at marketing, but being assholes too.

    2. Re:I Will Help by xanadu-xtroot.com · · Score: 1

      I have plenty of trouble with English, to say nothing of German ^_^

      To tell you the truth, you have better English skills than most of the native English speakers here...

      :-)

      P.S.
      If you didn't know about it, you can have pages translated to English for you at a site of Altivista's :-)
      Sorry, there's nothing for Japanese, just several languages --> English (and English --> several languages, of course).

      --
      I'm not a prophet or a stone-age man,
      I'm just a mortal with potential of a super man.
  7. Sorry, But Tough by torqer · · Score: 5, Interesting
    Well, I hate to be anti-open source. But CIV3 is copy-written. And one guy (or even company) cannot modify closed source. Even if it isn't for profit. Sid Meier has the right to make his money. And I wouldn't want the German Amazon.com taking my money either. I hate to be capitalist but tough nuts.

    It's a nice gesture to offer to work with the official translation team, but they are probably (hopefully) have the entire process planned out. So it wouldn't be of much help to have some random guy "helping out."

    Besides, even if I had to wait I'd rather have a real version instead of a hacked up patch that comes with no guarantee.

    1. Re:Sorry, But Tough by Rolo+Tomasi · · Score: 1

      As I wrote in my other comment, it's not illegal to modify/disassemble apps in Germany. It's just that those guys are distributing a copyrighted text. In Germany, there are companies which make a living of removing copy protections (dongles, etc.) from commercial software.

      --
      Did you know you can fertilize your lawn with used motor oil?
    2. Re:Sorry, But Tough by orkysoft · · Score: 1

      Besides, even if I had to wait I'd rather have a real version instead of a hacked up patch that comes with no guarantee.

      Excuse me? Have you ever read any software EULA? The official product will come with an equal zero guarantee, and you'll probably get more support from a volunteer effort, since those people actually care for their work enough that they're willing to do it without pay.

      --

      I suffer from attention surplus disorder.
    3. Re:Sorry, But Tough by Rogerborg · · Score: 5, Informative
      • But CIV3 is copy-written

      Translations are derivative works. There is a specific exemption for these in most countries, Germany included, and this appears to be a straight substitution of text files.

      Mind you, this didn't stop the German fans translating Harry Potter being served with cease and desists, so I guess we're back to the old argument that access to lawyers allows you to (practically) dictate what the law is.

      --
      If you were blocking sigs, you wouldn't have to read this.
    4. Re:Sorry, But Tough by Anonymous Coward · · Score: 0
      Translations are derivative works. There is a specific exemption for these in most countries

      I really doubt that. Are you telling me I can translate the latest John Grisham and sell it legally in these countries?

    5. Re:Sorry, But Tough by Rogerborg · · Score: 3

      Sorry, I posted hastily. If you produce a translation that differs substantially from the copyright holder's translation, then yes, it's an original work, and you can sell it. You might have to prove that it's substantially different in court, but if you can demonstrate that, then you're OK.

      This doesn't happen very often with print, only generally for academic works, poetry and plays, but there's no reason why it can't, if you can persuade one publisher to step on another's toes.

      The trouble here is that there's no authorised version to compare it to, so it's rather dangling in a void. Have a look for my other comment in here which has links to two stories about Harry Potter translations, one of which was allowed to stay on the web by a court.

      --
      If you were blocking sigs, you wouldn't have to read this.
    6. Re:Sorry, But Tough by RickHunter · · Score: 3, Insightful

      In case you haven't noticed, proprietary software advocates always forget that clause. How many times have Linux developers been told that someone's not going to use Linux because "there's no-one we can sue if something goes wrong!"? Proprietary software isn't any better. In fact, given the wording of some EULAs I've seen, your attempted lawsuit might give the company grounds for legal action against you, especially if you publicize said lawsuit.


      This is, of course, assuming that EULAs have any legal weight at all. That is, unfortunately, still an uncertain issue, and seems to depend entirely on what judge you get and how informed he is about precedent and contract law. And how much he's been paid off, in America.

    7. Re:Sorry, But Tough by hearingaid · · Score: 2

      Derivative works require permission of the copyright holder, at least under Anglo-American copyright law.

      They get separate copyright protection on their own as well - so in effect what you have is a copyrighted article that requires permission from both the person who created the derivative work and the person who created the original.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

    8. Re:Sorry, But Tough by John+Whitley · · Score: 2, Insightful
      Sid Meier has the right to make his money.
      While it may be correct that he has right to control the distribution of his copyrighted materials, no one has the right to make money. No form of intellectual use rights guarantee revenue, nor should they. Business models go out of date, companies just plain suck, and they lose money. Good.
      [version] that comes with no guarantee.
      Guarantees for what? The translation? The software? You've got to be kidding. I am frankly amazed that I have to remind a slashdot reader how "All your base are belong to us" came to be...
    9. Re:Sorry, But Tough by Lars+T. · · Score: 1

      It's not some guy, it's some 15 guys. And Sid does make his money, (unless someone uses it with a pirated version), because the patch simply replaces the text files from the American version. And this stupid national market protectionism (this includes DVD region codes) is just plain stupid. And if this goes like SMAC, the official translation will suck. They translated "Mindworms" with "Psycho-Viren". Oh well, I'll have to wait till next year for Civ3 anyways :-(

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    10. Re:Sorry, But Tough by Anonymous Coward · · Score: 0

      no, i have never read an eula.

    11. Re:Sorry, But Tough by Anonymous Coward · · Score: 0

      If it differs substantially, then its not a translation, it is a new work.

    12. Re:Sorry, But Tough by Rogerborg · · Score: 2
      • Derivative works require permission of the copyright holder, at least under Anglo-American copyright law

      Sorry, but I don't believe that to be the case for a derivative work that contains a significant amount of original work, e.g. a translation, or curiously a spoken word recording (you need to pay for "performance rights", but then you have sole copyright on the result).

      The problem (as per bloody usual) is that the definition of "significant" is nebulous and very dependent on what the mythical average person would find reasonable, which is why cases like this often result in a lot of money being paid to lawyers - to whom the concept of "original work" is generally anathema, ironically enough.

      However, I'm keen to be corrected. Got a reference? Otherwise it's just my word against yours, which doesn't help the gallery much. ;-)

      --
      If you were blocking sigs, you wouldn't have to read this.
    13. Re:Sorry, But Tough by Rogerborg · · Score: 2
      • If it differs substantially, then its not a translation, it is a new work

      Yes, very astute. That's the point exactly. While I'm thinking about it, you still have problems with trademarks, which is perhaps one reason why novellists are becoming keen on branding and trademarking their creations. I know I am.

      --
      If you were blocking sigs, you wouldn't have to read this.
  8. Re:I Will Help - how? by ardiri · · Score: 1

    i dont see how you can help in this situation. doing binary modifications is not considered "a good thing" by anyone (how would you like it if someone modified your apps - and, put idiotic phrases instead of instructions)? infogrames does want to release a german version by the looks of it, and, something like this "in the wild" will cause conflicts with users at a later date. could you imagine having to go through support with a user who had an translated german version (as opposed to the official german version)??

    what infogrames should have done, is work with this guy. they have done the translation(s) - and, they are german.. who else is better to do translations to german? infogrames can win out of this if they play their cards right. and, the last thing we need is what happened with the "ALL YOUR BASE ARE BELONG TO US" episode when translations go wrong.. badly wrong...

  9. (Almost) fair enough. by Stillman · · Score: 1

    A shame, yes. But not all the world is Free/Open Source friendly.

    This is a proprietary game. The authors do get to say what happens to it, and who can and cannot contribute.

    I find the $500 lawyers bill to be insane though - I mean, seriously, the guy was just trying to help, no?

    Too many lawyers in the world, and too little common sense I think.

    --
    Prisoner #655321
    1. Re:(Almost) fair enough. by Anonymous+Pancake · · Score: 0

      Actually 500$ is pretty normal cost for a cease and desist letter. And I don't see why the company that was violated should have to pay it. Besides, if this went to court, kai would most certainly lose, the cost would be alot higher than 500$.

    2. Re:(Almost) fair enough. by soulhakr · · Score: 1

      If you want to create a paradise, first kill all the lawyers.

  10. EULA vs COPYRIGHT by Frank+T.+Lofaro+Jr. · · Score: 4, Informative

    A clarification here.

    Providing patches for a binary-only software product may be a violation of the EULA, but that doesn't in itself make it a COPYRIGHT violation.

    EULA violations are purely civil, there might not be any statutory or punitive damages, etc. (depends on the local laws). EULAs are based in CONTRACT law.

    Copyright violations can be civil or criminal (FELONY (*) in some cases), there are statuatory damages (you can be ordered to pay even if they weren't harmed AND you didn't benefit), punitive damages, contributory and vicarious infringement theories (which don't seem to exist with EULAs) which judges follow, etc.

    The DMCA may apply in both cases, depends on the country and the judge. If you get Judge Kaplan, you might as well sell all your stuff and live on the street right now and get it over with. 1/2 :)

    Ask a lawyer (in your jurisdiction) for legal advice.

    (*) In the US. I don't know the situation in other countries.

    P.S. If a company acts so irresponsibly as to try to assess a $500 bill for sending a cease and desist letter because you were trying to be helpful, then to hell with them. Asking you to pay for the costs of their legal attack is unconscionable.

    But what I heard about the laws in Germany, that practice seems to be blessed by the gov't there.
    "abmahnung" I believe it is called.

    --
    Just because it CAN be done, doesn't mean it should!
    1. Re:EULA vs COPYRIGHT by janolder · · Score: 2
      Keep in mind that this is playing out in Germany. EULA's don't work there as they are not considered to be a legal contract. The DMCA also does not apply outside the US, although US lawmakers would certainly love to see it do so.

      "Cease, desist and pay" on the other hand is very much a fact of life in Germany. Some lawyers even base their entire revenue stream on this concept. In recent cases, these lawyers have had some trouble collecting on their bills though.

    2. Re:EULA vs COPYRIGHT by mrAgreeable · · Score: 1

      No, patching a game doesn't necessarily violate copyright, but the sort of patch this guy is writing does.

      By translating the original Civ 3 text he is creating a derivative work which he cannot distribute without permission from the original work's owner.

      The people who have been given distribution rights to that work in Germany stand to lose real money if his patch is distributed, so it's no surprise that they are suing him.

      His motivations were very nice and all, but still, he's messing with another person's copyrighted works.

      If he really wants to volunteer on a project I'm sure the Freeciv folks would be a bit more gracious about the help.

    3. Re:EULA vs COPYRIGHT by Florian+Weimer · · Score: 2

      The EULA is not in effect here in Germany. Civ3 is commercial off-the-shelf software, which means no contract exists between the manufacturer and the buyer. There's only a contract between the software dealer and the buyer. In German copyright law, there is a special provision for computer programs which grants the user all necessary rights necessary to actually use the software (e.g., the right to make a copy of the program and store it in RAM). That's why the buyer doesn't have to accept the EULA before using the software.

      Because of the special structure of Civ3 (AFAIK, the messages which require translation are stored in separate files), there's no need to distribute a "patch" in order to translate the software. You simply replace some of the original files with completely different ones.

      As far as I can tell, Infogrames Germany is using copyright to forbid the distribution of the translation. Translations are derivative works under copyright, so they can do that. (Minor nitpick: Infogrames Germany claims that they don't earn money if a copy of a US version of the game is sold to some German. This casts some doubt on the question whether they can really enforce copyright for the US version.)

  11. Sympathies....but... by CottonEyedJoe · · Score: 1

    As an infogrames stockholder (via GT Interactive) I wish this were a non-issue with Civ III being released in Germany (and elsewhere) simultaneous with the American release.

    I cant say the current situation will help their lackluster stock price. Perhaps this will spur inforgames to release localized versions faster (and maybe help get some of my money back!)

  12. Kai? by Anonymous Coward · · Score: 1, Funny

    Kai? Isn't he a dead assasin of the Divine Order and last of the Brunnen-G? When did he start programming computer games?

    1. Re:Kai? by Anonymous Coward · · Score: 0

      That's what he does when he is in his freeze-pod thing. Rumor has it that he and Seven of Nine exchange ideas via email, not unlike Linus and his merry band of hoods.

    2. Re:Kai? by Anonymous Coward · · Score: 0

      Seems Kai is a popular name. How many Kais are there?

    3. Re:Kai? by khuber · · Score: 1

      I heard he got tired of his power tools.

      -Kevin

    4. Re:Kai? by Anonymous Coward · · Score: 0

      The dead do not...program computer games.

  13. It's a feature! by T.Hobbes · · Score: 1

    Forget the old slashdot, this is the new, fast-paced, slashdotzoom!

  14. Corporations and Copyright by fault0 · · Score: 2, Insightful

    Kai was not doing anything malicious. He wasn't try to compete with Infogames, trying to hurt their profits, or even trying to make a profit from himself.

    Instead, he was trying to help his fellow German gamers with localization. Infogames should have overlooked the fact that his might have been copyright infringiment.

    In the end, it is horrible for their PR, if nothing else.

    1. Re:Corporations and Copyright by RasputinAXP · · Score: 1
      He wasn't try to compete with Infogames, trying to hurt their profits...

      He may not have been trying to hurt their profits, but seeing as how Infogrames Germany doesn't make money off the US version, he was hurting their profits. Would you buy two copies of a game if the first one worked fine but the second one happened to be localized?

      I didn't think so.

      Let's use a little common sense that we /.'ers are vaunted for, please.

    2. Re:Corporations and Copyright by windows · · Score: 1

      The fact is, they're not making a profit off the US version and if they buy it now, it does cause significant loss of profit when they do release an official German version. The fact remains, there was nothing malicious in the intent of Kai to translate the game, and I don't think the response was malicious, either. They didn't sue him for his efforts, just sent him a legal notice to stop and asked him to pay a relatively small legal fee. Annoying as it may be to be asked to pay lawyers' fees, it's a lot more of a fair response to what happened than what they could've done. It's a slap on the wrist and their reasons for asking him to stop were legitimate. So what's the problem here?

    3. Re:Corporations and Copyright by Anonymous Coward · · Score: 0

      Oh, sure, and I imagine you'll just hand over fees to any lawyer that walks up to you and says: Oh, I notice you might be doing something objectionable/illegal. Just slip me a $500 check and I'll just forget about it...

    4. Re:Corporations and Copyright by Anonymous Coward · · Score: 0

      My point was that $500 and being told to stop is a slap on the wrist compared to recent settlements in violations of intellectual property rights. I know it's irritating, but it's not nearly as bad as what could've been done.

      -- windows, posting anonymously to avoid losing karma if I get modded down as redundant

    5. Re:Corporations and Copyright by Lars+T. · · Score: 1

      They also told him that he would be held responsible for others distributing files based on his translation. The already finished parts (ca. 75% of all text) has been available for download a couple of days already, and the project was featured on Heise. So how many people have copies of those files already?

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    6. Re:Corporations and Copyright by fault0 · · Score: 2

      > But seeing as how Infogrames Germany doesn't make money off the US version

      Uhm? Are you sure about that?

    7. Re:Corporations and Copyright by Angst+Badger · · Score: 2
      Kai was not doing anything malicious. He wasn't try to compete with Infogames, trying to hurt their profits, or even trying to make a profit from himself.

      True, but regardless of what he was trying to do, he was in fact competing with Infogrames and, if successful, he would have hurt their profits.

      Infogames should have overlooked the fact that his might have been copyright infringiment.

      There's no "might have been" here. Unauthorized derivative works, which include translations, are prohibited under the copyright law of virtually every nation on earth and have been for a long time. This is nothing new, and it's nothing sneaky. If this were not the case, I'd be making tons of money rushing German translations of the latest Stephen King novels to market.

      All that being said, it was rather stupid of Infogrames to take such a ham-handed approach with an until-recently-friendly fan who could have saved them a wad of cash and gotten the game to market sooner.

      The best way to punish Infogrames would be to refrain from buying the German version of Civ III until they apologize and withdraw their demand for money. I rather doubt any such boycott will ever happen in this particular market, though.

      --
      Proud member of the Weirdo-American community.
    8. Re:Corporations and Copyright by Anonymous Coward · · Score: 0

      The legal fee was an unnecessary thing to do. If they are that upset, they should have just contacted him and told him to stop. The amount of money they charged is a lot for an individual to pay.

      Nick

  15. Ignorant Fool by TMacPhail · · Score: 2, Insightful

    At least you had the brains to post that as anonymous COWARD. They have just as much right to speak german as you do to speak english. Secondly, you are blaming something that started in Germany that is long over on the people who live there now. Just because someone speaks german does not mean they supported WW2. It doesnt even mean that they are german. Austria and Switzerland are two more german speaking contries yet the people there are not germans.

    1. Re:Ignorant Fool by Anonymous Coward · · Score: 0

      Please don't post to Slashdot again. Ever.

    2. Re:Ignorant Fool by Anonymous Coward · · Score: 0

      yhbt. yhl. hand.

  16. Bullshit. by Unknown+Poltroon · · Score: 1

    How bout a simple reply to his e-mail saying the same thing? There was no hostile intent in his original letter, here's a fan asking to help, and they immediately feed him to the lawyers? Nice.

    --
    All Troll + "offtopic" mods are meta moderated as "Unfair", because you abused the system.
    1. Re:Bullshit. by Anonymous+Pancake · · Score: 0

      all it did was speed up the process, if they found out he was doing it they would have sent the letter regardless. Maybe what they did wasn't 'nice' but the law is on their side, and there is not much that can be done.

  17. The Civilized way to react by codexus · · Score: 1

    would have been to first inform Mr. Fiebach that distributing a translation was illegal and only then , if he didn't remove the files, send an official cease and desist with the associated lawyer cost.

    The texts in the game are copyrighted and obviously they cannot be redistributed even once translated. But I wish people would learn to solve their problems without going through lawyers. *sigh*

    --
    True warriors use the Klingon Google
    1. Re:The Civilized way to react by roju · · Score: 1

      Are you sure that's the case, or are you thinking American law? I remember the US gov't had to add some clauses that distributing copyrighted material without profit was illegal. Perhaps in Germany this hasn't been made illegal. We'd probably need a German lawyer to clear this one up.

    2. Re:The Civilized way to react by codexus · · Score: 1

      I should have added that I'm no lawyer to my post. No I don't know german law. The only copyright law I've actualy read is the Swiss law.

      But I'd be very surprised if it was legal in Germany to distribute the translation of a copyrighted text. If that was the case, someone could translate a copyrighted novel and distribute it for free. I really don't think that any european country would still allow that.

      --
      True warriors use the Klingon Google
    3. Re:The Civilized way to react by codexus · · Score: 1

      well it seems I'm wrong according to another post a German court allowed an unofficial translation of Harry Potter to stay online. (and I almost put an Harry Potter example in my post to show how absurd it would be to allow the distribution without authorization of translations of copyrighted works. :)

      --
      True warriors use the Klingon Google
  18. Remember... by enrico_suave · · Score: 4, Informative

    This is in germany... and that something similiar (opportunistic lawyers using a german law to fatten their own wallets)

    see what happened to Kontour (was Killustrator because of a similiar german lawyer tactic...

    it's like ambulance chasing but for intellectual property... so... don't necessarily jump on infogames case, because they didn't initiate the cease and decist...

    E.

    --
    Build Your Own PVR/HTPC news, reviews, &
    1. Re:Remember... by Rogerborg · · Score: 3, Informative
      • don't necessarily jump on infogames case, because they didn't initiate the cease and decist...

      If you know that, please let us know how, because that's not what the blurb here says:

      • Kai informed Infogrames of his effort and even offered to join forces with their localization team if only the game would be released sooner. Sadly, Infogrames reacted by sending Kai a cease and desist letter
      --
      If you were blocking sigs, you wouldn't have to read this.
    2. Re:Remember... by janolder · · Score: 1
      While it is true that there is a very annoying guild of "cease and desist" lawyers in Germany, in this particular case the legal action was indeed initiated by Infogrames Germany.

      To expand the subject a bit: If memory serves, "cease and desist" ambulance chasing doesn't work in copyright issues because there is no public interest that needs protection. "Cease and desist" lawyers prefer to pick on incorrect advertising by small companies as there is some moeny to be had and there is little need for research. A few years back, lawyers went bonkers with computer stores advertising 17" monitors (as opposed to 43.18cm monitors). Happily, the courts put a stop to this by declaring "17" monitor" a proper name rather than a measurement and a name. Same with floppy sizes (8.89cm and 13.225cm floppies). :-)

      Note: it is legal to advertise using english mesurements as long as metric is shown as well.

    3. Re:Remember... by enrico_suave · · Score: 1

      Apparently not in Germany... check out the whole Killustrator fiasco, and see what I mean... Adobe didn't send the cease and decist (which is a term i use in a general, rather than a legal sense as IANAL) an "ambulance chasing" law firm did well within the bounds of the established practices of German law (apparently)

      *shrug*

      E.

      --
      Build Your Own PVR/HTPC news, reviews, &
    4. Re:Remember... by enrico_suave · · Score: 1

      uhm... either i'm clarivoyent... or I skimmed over that part =P ... Sorry. Do I get an out because I said to not get on "infogames" case when we were discussing infogrames???

      We'll see, I'm probably off base...

      e.

      --
      Build Your Own PVR/HTPC news, reviews, &
    5. Re:Remember... by enrico_suave · · Score: 1

      Doh! I was mistaken/misunderstood. My fault. Carry on =P

      E.

      --
      Build Your Own PVR/HTPC news, reviews, &
    6. Re:Remember... by LafinJack · · Score: 1

      because that's not what the blurb here says

      You would believe what's in a slashdot article? Have you gone mad, man?

      --
      we are building a religion
      a limited edition
      we are now accepting callers
      for these pendant key chains
  19. Could This Be Another German Lawyer Situation? by The+Spie · · Score: 1
    Remember a few months ago when German lawyers went after the creator of KIllustrator? Adobe had no idea their overseas hired guns were going after this guy for alleged copyright violations (of course, this happened right at the beginning of l'affaire Dmitry, so it might have slipped through the memory hole). This sounds exactly like that, down to the fact that, as per German law, the alleged violator got slapped with the lawyer's bill for "preparing the paperwork". I have this strange feeling that Bruno and his band of corporate raiders have no idea this might be happening, and I'm certain that Sid Meier doesn't.

    With CivI and CivII, the dialogue for the boxes was always included as plain text. I remember happily editing the intro dialogue to CivI to do parodies of various things (as did others; the Douglas Adams parody was incredibly popular in its time). I and others also edited some of the various dialogues, not only into foreign languages, but into certain statements that can't really be said in a family site like this one. What Infroggrames is doing is destroying an eleven-year-old tradition. Of course, Infogrames has a habit of doing that.

    Civ fans form one of the most dedicated computer gaming communities around, rivaling Quake and Half-Life, not to mention with a great deal more history. If Infogrames wants to keep that fandom on their side to purchase more copies of Infogrames games, this isn't the way to do it.

    --
    If using Linux is about choice, how come people complain when I choose to use Windows?
    1. Re:Could This Be Another German Lawyer Situation? by Farmer+Jimbo · · Score: 1

      Sid Meier's Civilization III

      Dialog box scripts

      Copyright (c) 2000, 2001 by Firaxis Games, Inc.

      INSTRUCTIONS FOR TRANSLATORS!

      1) These files must not be saved in "Microsoft Word Format", or they will be ruined. They MUST be saved in "Text Only" format.

      2) Please do not insert extra blank lines, nor remove existing blank lines, as this will cause the program to malfunction.

      3) But it is normally okay to turn a long line into two shorter lines; for instance:

      This is a very long sentence; it probably won't fit on one line in German.

      is equivalent to:

      This is a very long sentence; It probably
      won't fit on one line in German.

      I was going to post a lot more but the "lameness" filter interfered. Basically I have to type a bunch of lame crap here to get past the lameness filter. How screwy is that? I also have to butcher the origonal code so slashcode feels it is less lame.

      This is rediculous! I've butchered the code to remove all the "junk" characters and I still hit the filter! What the hell? Nice introduction to the lameness filter and slashcode BTW.

  20. Tough for Infogrames by Anonymous Coward · · Score: 0

    If they would have asked him to stop and explained the legal situation he would probably have done it too ... asking him to stop while at the same time throwing their pack of lawyers and a 500$ bill at him will quite easily cost them much more than 500$.

    Wether they are right is not so much the issue here IMO, that a company is so lawyer driven that they throw out all common sense when dealing with issues like this is.

  21. T-shirts? by Maskirovka · · Score: 1

    So where can I pick up my 'Boycott Sid Meier' shirt/Tshirt/bumper sticker?

    1. Re:T-shirts? by torqer · · Score: 1
      ThinkGeek

      is already getting T-shirts silkscreened.

    2. Re:T-shirts? by Black+Parrot · · Score: 4, Funny


      > So where can I pick up my 'Boycott Sid Meier' shirt/Tshirt/bumper sticker?

      Research "Tee Shirts" and "Printing", and then you can build them in any city with a textile mill.
      Or you may find it easier to just plunder neighboring civilizations that already have them.

      --
      Sheesh, evil *and* a jerk. -- Jade
    3. Re:T-shirts? by SuiteSisterMary · · Score: 2

      Why would you want to? Sid Meier has absolutely nothing to do with what Infograms does or doesn't do. The best Sid can do is say 'wow, that sucks. Remind me NOT to renew our publishing contract when it comes up.'

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    4. Re:T-shirts? by andr0meda · · Score: 1


      Boycott Sid Meier ?

      Sign treaty, reject treaty, pay 500$ bill, yes, but boycott ?

      Sid is one of my heroes. I dont think we should boycott him personally, but Infogrames which is doing some bad management, like postponing games for others that then don't work at all etc.. Eidos not being much better.

      --
      With great power comes great electricity bills.
  22. Civ 3 sucks anyway... by Anonymous Coward · · Score: 0

    back to CTP2 for me!

  23. How does copyright handle translations by mocm · · Score: 1

    IANAL, so it is not clear to me how copyright applies in the case of the translation of a book, video game or whatever. It is clear that you cannot copy parts or the whole of the original authors script other than for some special purposes that are covered under fair use. But in the case of a translation, you are not copying anything. You are reformulating and sometimes interpreting the ideas of the original author, which would seem to be covered under fair use.

    In the case of civ3 it seems to be even unclearer, since Infogrames probably has the right to distribute the German version, but the translators are not distributing the game. Is there a right of translation? And since Infogrames distributes the English version as well, at least in Europe, what is their financial damage in that case. Isn't it rather a gain, when more people buy the game, especially if it puts the release date of the "German version" before Christmas instead of March?

    --
    ***Quis custodiet ipsos custodes***
  24. Re:Stop posting stories like this... by mocm · · Score: 1

    Why? He is not reducing the number of titles sold by infogrames. He is probably increasing it. Since you can buy the English version in Germany, which is distributed by Infogrames. So what is the problem?

    --
    ***Quis custodiet ipsos custodes***
  25. Sorry, but you're not making sense by Anonymous Coward · · Score: 0
    OK.. i don't even know where to begin. I feel compelled to refute what you are saying since you have been moderated up, but i cannot make enough sense of it to refute anything. Please clarify?

    Which of the following are you trying to say?

    1. It is/should be illegal to modify a closed source program. For example, if you were to take a hex editor, open up Windows, and change the string 'Recycle bin' to 'Rubbish bin', that would be an illegal and immoral act.
    2. It is illegal to distribute patches to a closed source program.
    3. It is illegal to redistribute a closed source program, or parts of that closed source program, without permission.
    If you are trying to say #1 above, what are you smoking? If i bought a book, would i not have the right to cross out certain words and write other things in? Or cut out pages and make paperdolls with them? How can you legally distinguish between writing in the margins of in a book and overwriting text data on a hard drive? i assume this is not what you meant.

    If you are trying to say #2 above, which i assume you are, then what basis do you have for that? If it is legal for i who own civ3 to alter binary files i own a license to on my hard drive, and legal for you who own civ3 to alter binary files you own a license to on your hard drive, how could it not be legal for me to give you a tool which alters the binary file for you? How can you legally distinguish between an open-source file patching program and a sheet of paper with instructions on how to alter a file manually? Wouldn't giving *instructions* on how to change something on your hard drive be considered free speech? How not?

    If you are trying to say #3 above, then, well, you're right, but what does this have to do with anything? I would be highly surprised to learn the civ3 translation people are redistributing parts of civ3, since they have no need to. All they need to distribute is patch files containing their changes. Why would they include parts of the binary program?

    What the hell are you trying to say, and why are you at score:3?

    1. Re:Sorry, but you're not making sense by balthan · · Score: 1

      How about:

      4. It is illegal to distribute translated versions of copyrighted text without the author's permission.

    2. Re:Sorry, but you're not making sense by balthan · · Score: 1

      Yes, it should be "copyright holder's" instead of "author's", but you get the point.

  26. Freeciv by Anonymous Coward · · Score: 0, Informative
    Freeciv ist ein Mehrspieler Strategie Spiel, freigegeben unter der GNU-Öffentlichkeit Lizenz. Es ist im wesentlichen vergleichbar mit Civilization II®, das von Microprose® veröffentlicht wurde. Sprachen :
    • Danish
    • Dutch
    • English (British)
    • French
    • German
    • Hungarian
    • Italian
    • Japanese
    • Norwegian
    • Polish
    • Portuguese
    • Portuguese (Brazilian)
    • Romanian
    • Russian
    • Spanish
    • Swedish
    1. Re:Freeciv by Anonymous Coward · · Score: 0

      • Hungarian
        Polish
        Romanian
        Russian


      commies.


      • Portuguese
        Portuguese (Brazilian)


      dirty and hairy people.


      • Danish
        German
        Italian
        Japanese
        Norwegian
        Spanish
        Swedish


      Nazi scum.


      • Dutch


      potsmoking faggots.


      • English (British)


      bad dental hygiene. they also lost their "empire"


      • French


      frogs. and they would lose a war against Belgium or Switzerland, even if they used all their nukes
  27. Why it Doesn't Really Matter by Greyfox · · Score: 2, Troll

    It's not like the entertainment companies have to worry about alienating their fan base. It's pretty well been proven that they can fuck their fans over without vaseline or K-Y and the fans will still line up and pay them for it the next time something comes out. And doing that is fine but please, a little less whining the next time they get the giant legal dildo out and tell some part of the community to bend over. We seem to feel that being mildly entertained for an hour or two is worth the price of having to bend over for that dildo, so I don't think we have the right to complain when they stick it up our collective ass.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Why it Doesn't Really Matter by Anonymous Coward · · Score: 0

      I like your visual language.

    2. Re:Why it Doesn't Really Matter by Lunastorm · · Score: 1

      I completely agree. Everybody bitching in here will probably buy Civ3, if they haven't already. It's like with the RIAA. People will bitch about them while still using their products. The best thing one could do to show disapproval is a true boycott. There are many other great games out there.

      --
      You die too easily.
    3. Re:Why it Doesn't Really Matter by Greyfox · · Score: 2
      It's not just Civ. Look at CmdrTaco drooling over the Xbox and the latest Disney flick! Look at all the people hot to get their hands on an Ipod! And lets not even go into the assorted Sony products the community lusts after (Sony is as bad as Disney if not worse.)

      Can you even avoid it now? Every DVD purchase or rental is a little contribution to the funds used by these corporations to ass rape their own customers using the legal system. Every song you listen to on the radio, every CD you buy is another few cents that goes to that bitch Hillary Rosen, who justifies strapping on a lee press-on penis and fucking her customers up the ass in the name of the rights of the artists (The tremendous irony of this always seems to escape her, too.)

      And, as Gello Biafra so astutely observed, the only person able to escape this corporate cluster-fuck was the fucking Unibomber and he was a fucking nut-bag.

      I think I've got a point around here somewhere... Oh yeah. These bastards are not going to volunteer to stop screwing us over and we have fewer and fewer rights every day; their attitude is that we have the privilidge to pay them for the use of their products and we have less and less ownership every day. The only way we're going to break out of this cycle is through legislation and they give a hell of a lot more to Congress than we do individually.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  28. Bill is nullified already by EboMike · · Score: 3, Informative

    I find the $500 lawyers bill to be insane though - I mean, seriously, the guy was just trying to help, no?

    According to the heise article (in Krautish, sorry), the $500 bill has been declared void by Infogrames. They still threaten with a $10,000 fine if he won't cease working on the translations and remove all the work done so far from the 'net.

    1. Re:Bill is nullified already by Performer+Guy · · Score: 2

      Infogrames can't impose fines. Who do you think they are? They could go to a court and sue, but they are wrong about this. These guys are working on a translation patch for people who have purchased the game. Revenue recognition is Infogrames problem, it's not the law's purpose to help Infogrames manage its subsidiaries. Translations don't breach copyright, have you seen babelfish? These guys are effectively running a human babelfish patch over a legitimately purchased game. Infogrames is just using thuggish legal tactics to bully a small guy who can't afford the legal expenses.

      Civ 3 is tedious anyway, I bought it played it once and sold it to a friend who was a Civ fanatic, even he says this version is tedious with flawed gameplay. My advice, forget it and move on, and thing twice before you buy another infogrames game.

  29. "copy-written" by Anonymous Coward · · Score: 0

    But CIV3 is copy-written.

    The word is copyright, referring to the right to control copying; not copy-write.

    1. Re:"copy-written" by 0xdeadbeef · · Score: 1

      Heh, I can't believe only one person pointed that out, and the comment is at four now. That sucking sound you hear is the vacuum created by the complete lack of credibility.

    2. Re:"copy-written" by Anonymous Coward · · Score: 0

      Just goes to show that moderation is horrible broken, and that the moderators are smoking crack.

      In other words, what else is new?

    3. Re:"copy-written" by Anonymous Coward · · Score: 0

      yeah... mod a guy down for mis-spelling something... there's creative genius at it's best.

    4. Re:"copy-written" by Anonymous Coward · · Score: 0

      Moderation is working, for some definition of "work". Think how many rational people read /., and how many get mod privileges. Now think how many drooling kiddies read /., and how many get mod privileges.

  30. Compare with Harry Potter in German by Rogerborg · · Score: 5, Interesting

    I know of two unofficial fan translations of Harry Potter books into German. This high quality, multi contributor one was torpedoed before completion. However, this one man effort hit the web early, and was allowed to stay up by a court because it was inferior to the official translation.

    And there's the problem. A translation can be treated as a derivative work with enough original content to protect it under copyright laws. It doesn't have to be worse, it can be better - it just has to be different. However, if the copyright holder (in another language) has not yet done a translation, it becomes problematical to prove that your translation is substantially different.

    As this is a civil case, it'll come down to a judge deciding what is (here comes that word again) a reasonable delay of the official version before translators can take a shot at it. A three month delay is probably reasonable, a three year one probably unreasonable, but it will be decided on a case by case basis (at least in the UK, I'd be interested to hear if there's a specification of duration in Germany)

    So, if the translators waited for the official CivIII German version to come out, then produced their own resource files that differed from the official ones, that would be allowed. But they can't force the copyright owners to hurry up.

    What a tangled web we weave.

    --
    If you were blocking sigs, you wouldn't have to read this.
  31. Infogrames' statement on their homepage by EboMike · · Score: 3, Informative

    Infogrames Germany have released a statement about this issue on their homepage.

    Google's translation is astonishingly readable, but just in case, here's the text in a nutshell:

    - It's a clear violation of the copyright and Infogrames is required to enforce it.

    - The official German localization is already in a pretty advanced state - its advantage over the "guerilla translation" is that it covers the entire game while Kai's translation only deals with certain parts of the game. [At least that's how I understand this part]

    - In general however, Infogrames are very pleased about fan initiatives and plan to support them more in future. They are still trying to work out ways to cooperate with them.

  32. Re:I Will Help - how? by Anonymous Coward · · Score: 0

    (how would you like it if someone modified your apps - and, put idiotic phrases instead of instructions)

    I'd love it! Less work for me!

  33. Inaccurate Translation by Cruciform · · Score: 3, Funny

    If, according to some of the posts, an inaccurate translation is the safest way to go, then they should have used Babelfish.

    "You have discovered the wheel."
    "You have discovered metal employment."
    "You have discovered waffle pigeon."

  34. Ridiculous by Mr+Jekler · · Score: 1

    In my opinion, if what some people state might be the case, Infogrames isn't aware of the ongoings within their company, then they're incompetent. If they are aware, then they're malicious bastards. Either way, it sours my opinion of them.

  35. Re:I Will Help - how? by baronben · · Score: 1

    That is an interesting point. 2 diffrent trasnslations would make tech support a whole lot more difficult. Translation is not easy, and often requires profisinals to do it correctly, how many of us have seen the horrible translaitons of Anime DVD imports or Kung Fu movies?
    I've delt with the Civ3 tech support crew, they have enugh problems dealing with English. While I don;t think that this problem required the services of lawyers, I do see why Ifogrames saw it nessesary to do this.

  36. What are laws supposed to.... by Anonymous Coward · · Score: 0

    As can be read at http://www.heise.de/newsticker/data/daa-18.11.01-0 03 it seems like the project had initialy an official support from infogrames. The former site at http://translation.civ3.de/ is now closed. As it looks to me and with the information i obtained there is a legal terror ongoing: the laws meant to protect the citizens are used against them. Despite the fact that Kai Fiebach not also informed them previousley, not also got positive response- wich included a possible license option for his team' s translation -he also pointed out to help infogrames to get this game out on the shelves before X-mas and donating eventual to a UNICEF project called "bring the children trough the winter" (http://www.unicef.de/index_from_teaser.php?node=a kt&content=cont.html) - what could a fan do more?

    So there's IMHO no discussion about a mistake from Mr. Fiebach! No he did the best a man ;-) can do and is now facing a lawsuite right before X-mas just being a bit to kind. Happy X-mas to all! And thx to Infogrames to take so much care about customers and handle it the gentlemen's way.

    Disscusion also at: http://www.infogrames.de/ubb/Forum18/HTML/000006.h tml

  37. Chrisd is a faggot!!!!! by Anonymous Coward · · Score: 0

    Actually, I wanted to post a serious reply but I got an "Invalid formkey" or whatever and my text was gone. THATS WHY IM GONNA POST CRAP

  38. Prosecuted under DMCA by theoddicy · · Score: 1

    Wouldn't it be prosecuted here in the US under DMCA?

    I don't think so.

    Creating a patch for an existing piece of software isn't nesacarily volating the DMCA.

    It might however be a violation of the license agreement. But that's somthing differnt.

  39. civ3 can rest in peace ‚í‚&Egra by Anonymous Coward · · Score: 0

    this is what i think... i don't like it, but i don't care!

    . .

    reply to other people comments instead of starting new threads.
    Read other people's messages before posting your own to avoid simply duplicating what has already been said.
    Use a clear subject that describes what your message is about.
    Offtopic, Inflammatory, Inappropriate, Illegal, or Offensive comments might be moderated. (You can read everything, even moderated posts

    reply to other people comments instead of starting new threads.
    Read other people's messages before posting your own to avoid simply duplicating what has already been said.
    Use a clear subject that describes what your message is about.
    Offtopic, Inflammatory, Inappropriate, Illegal, or Offensive comments might be moderated. (You can read everything, even moderated posts

  40. So Infogrames can sue Systran? by theoddicy · · Score: 1

    If somone uses Babelfish to "modify" their copyrighted website?

    1. Re:So Infogrames can sue Systran? by Anonymous Coward · · Score: 0

      This is what the Fish says:

      &# 52520;. &# 52520;. &# 52510;.

  41. Interesting thoughts... by Anonymous Coward · · Score: 0

    Recent times have shown a mass defection of Linux users to the FreeBSD camp. Reason:
    Linux stability, or rather: the lack of it.

    While Linux has done a lot in building momentum for the open source movement, users,
    programmers and administrators world wide are gaining insight into the reality of
    Linux. Unpredictable behavior, unstable systems, beta code being incorporated into
    the stable source tree, all these are causes of the general aversion against Linux.
    An aversion which is growing amongst the community.

    While Linux has had the edge sometimes in the past, especially regarding driver
    support, FreeBSD has gained stronghold in this area. USB support was available on
    FreeBSD when Linus, Linux' founder and maintainer of the kernel source, still found
    it an unnecessary I/O facilitation for PC's.

    Linus' lack of vision is starting to show it's nasty side when Linux tries to be
    accepted as a mainstream solution. Not only regarding priorities given to certain
    features like USB, also on the core kernel development front conflicts between
    highly skilled kernel contributors and Linus are starting to damage the OS. Although
    the one man show style of development - where one person decides the contours of the
    complete kernel - worked very well when the project was small, it's became a burden
    when it grew and demanded more sophistication. Software engineers are getting
    frustrated from being spoken to by a Linux maintainer on a pedestal who downplays
    their ideas. Usually, in the end their ideas prove to be superior to the mediocre
    hacks the maintainer forces into the kernel.

    Regular computer users are disappointed by the sluggyness and clunkyness of a system
    which should - as was told to them by Linux advocates - be a better alternative to
    Windows. The people who bought Red Hat boxes an mass - mislead by a team of
    almost professional grass root supporters - are now fleeing from the product in
    droves. One could say the only good thing Linux has now is the support of a bunch of
    hackers who fell in love with their operating system and who are blind for the needs
    of people who actually need a working and consistent system.

    Among most of the computer users out there, the momentum Linux once gained is
    collapsing into a complete disarray.

    1. Re:Interesting thoughts... by Anonymous Coward · · Score: 0

      But the Taliban loves to suck my cock... but I would blow it up their anooses ( |o| )

  42. A little history by epepke · · Score: 2, Informative

    When Apple released the Macintosh in 1984, the system was heavily based on the use of resources (it still is). Apple's User Interface Guidelines pushed keeping all strings in resources to make it easier for third parties to localize the software.

    Reading these at the time, I didn't experience any cognitive dissonance. I thought that, surely, nobody could object to a third-party's deliberately increasing one's market share, for free. I imagined that EULAs of the future would specify that anyone who made such modifications should submit them for approval by the original author.

    How times have changed!

  43. how typical AMERICAN of you by Anonymous Coward · · Score: 0

    is that the only thing you know about these countries....??

    France has second largest army of Europe... they only lost one war with a major defeat, WW2 because they couldn't use tanks... if USA or uk were next to germany they would have lost too...

    Danish
    Norwegian
    Spanish

    they were not nazis , they were ATTACKED by nazies moron

    Italian
    Japanese

    not nazies either, but fascists

    Swedish

    why you call they nazies??? they were neutral in WW2

    germans arent nazis anymor

    Portuguese
    Portuguese (Brazilian)

    dirty and hairy people??? they are the sae as you and me, except their language is more beuatiful
    than yours

    Hungarian
    Polish
    Romanian
    Russian

    "colmmies"?? they were ATTAKED by communists and russia is now capitalistic

    Dutch

    potsmoking faggots? atleast they dont fight a WAR (ON DRUGS) AGAINST THEIR OWN PEOPLE

    British hygiene is better than USA, and they still have colonias everywhere

  44. Rough translation with notes by Overcoat · · Score: 2
    Here's the first paragraph of one of the Heise online articles:

    The controversy over the translation of the US play Civilization 3 (Civ3) by fans of the play escalates. The company Infogrames, which possesses international rights to distribute the game, sent the 39-year old project manager Fiebach additionally for the provisional order an omission assertion and a lawyer bill of over 1,000 Marks...In the omission assertion Fiebach is requested by the lawyer of the company, Stephan Wiedorfer, to omit any processing of the computer program Civilization 3 and to cease distribution of 'processing' created so far. With an offence against this agreement Fiebach would have to pay a contractual penalty at a value of 20,000 Marks as well as attorney's fees.

    The rub is that Fiebach is also being nailed for further distribution of his translation over the internet (not sure what copyright law precedent is in regards to this sort of thing):

    (He is being held) responsible for further files which are based on his translation which are distributed by third parties over the internet.

    Infogames' German-language version of Civ3 is not due to be released for four months, at least:

    ...a translation through third parties is out of the question, particularly since Infogrames Germany counts on significant incomes with the sales starting in March 2002 of the available German version of Civ 3.

  45. Would make an interesting Supreme Court case by epepke · · Score: 1

    The Supreme Court has long held that producing a parody or satire of a work does not violate the copyright.

    Someone modified the images and sounds in Juri Munki's "Heart Quest" to make an affectionate parody called "Jerry's Guitars," which has Jerry Garcia trying to catch guitars instead of a butterfly trying to catch hearts. This would probably not be seen by the courts as an infringement, either on Munki or the estate of Jerry Garcia.

    I wonder if something like this could be argued as a parody. One would have to put some humor into the translations. However, since none of the actual original work is used (the files would be patches to the original work), I don't think a copyright claim could be used in court.

    As for reverse engineering, well, translating the strings in resources file hardly qualifies as reverse engineering. If the strings are in the actual code, then that might apply. Of course, Win32 resources are nowhere near as sophisticated and open as Mac resources, so this may be a gray area.

    1. Re:Would make an interesting Supreme Court case by innocent_white_lamb · · Score: 2

      One would have to put some humor into the translations.

      Tough to prove, there. If humour is a required element, how would a court define humour? Some stuff is obviously humourous (Marx Bros, Jerry Lewis, Jim Carrey, etc) while other things are not so cut-and-dried.

      --
      If you're a zombie and you know it, bite your friend!
    2. Re:Would make an interesting Supreme Court case by Anonymous Coward · · Score: 0

      You have betrayed your infantile understanding of humor. Thanks for playing!

  46. Babelfish translation of original article by vrmlguy · · Score: 3, Interesting
    Controversy over translation of the US play Civilization 3 escalates

    The controversy over the translation of the US play Civilization 3 (Civ3) by fans of the play escalates. The company Infogrames, who possesses world-wide the rights to distribute, sent to the 39-jaehrigen project manager dock Fiebach additionally for the provisional order an omission assertion and a lawyer calculation at a value of over 1.000 Marks. The calculation called, requires Infogrames fast groundless however further the delivery of the omission assertion. Fiebach needs more time according to own specification however, in order to confer with its lawyer over the individual points exactly.

    In the omission assertion Fiebach is requested Stephan Wiedorfer, by the lawyer of the enterprise, to omit any processing the computer program Civilization 3 and so far created to ' processing ' no more to spread. With an offence against this agreement Fiebach would have to pay a contractual penalty at a value of 20.000 Marks as well as transfer the lawyer costs.

    Fiebach could not fulfill these demands according to its predicates -- however the condition to be responsible for further files which are based on its translation which distribute third over the network. " as I am to control ", express myself Fiebach annoyed opposite heise on-line.

    Besides it is impossible in opinion of Fiebach to consult within the set period its lawyer. It is annoyed about the behavior of employer speaker Michael Wetzel, which guessed/advised it to the lawyer assistance, it however for it no extension of the period not described more near enables in particular. " Mr. Wetzel even guessed/advised me to switch a lawyer on. Mine is however in the vacation and I at present knows myself not, as I with restraint is ", does not deplore myself Fiebach. The demand, Civilization 3 might be translated not through third, is to opinion of Fiebach besides in the glaring contrast to the comments and the initial assistance of a support coworker of the Civilization developer Firaxis. This had helped Fiebach at the beginning of the translation work and even for its Community support had praised.

    Likewise under bombardment the operators of the German-language Civilization-3 largest according to own specification are guessed/advised - Fansite Civ3.de , which is led even on the Firaxis homepage in the column Fansites. The two operators likewise received an omission assertion. Fiebach explained in the meantime, he respected the decision of the Site operators to delete the project web page and lock the FTP acces.

    Infogrames speaker Michael Wetzel understands the disappointment of Fiebach, does not want however despite the protests of the fans not from the course to deviate and a time extension grant. In a discussion with heise on-line it made clear that it concerns itself with the play around property of Infogrames. Therefore be out of the question a translation through third, particularly since Infogrames Germany counts on not insignificant incomes with the sales starting from March 2002 of the available German version of Civ 3.

    The fact that the fans of Civ3 do not agree with the behavior shows various forum contributions to the Infogrames Website.Auch those daily more than 200 Mails, which achieve the enterprise according to firm speaker Wetzel daily, makes by the majority their displeasure over this situation air -- partial in quite harschen words ( daa / c't)

    --
    Nothing for 6-digit uids?
  47. Offtopic? by Anonymous Coward · · Score: 0

    Off topic but should be noticed. Civ3 code sucks, there's about 30% new features (besides graphics) when compared to civ1. But it takes about 100x more processor power to run it. My 900mhz Athlon takes about 30sec calculating computer moves in 1100AD when my 33mhz-386 with Civ1 took only few seconds, unbelievable!!!!

  48. Who originated this? by rew · · Score: 1

    .... has been slapped with a cease and desist letter, including $500 lawyer bill from Infogrames Germany. ..... copyright

    Guys, Germany has some really weird laws. Anybody can send someone a "you're violating a copyright" letter, and tack along a bill for the effort of writing that letter. I won't be surprised if this is a stupid German Lawyer who started this. (without any need to contact Infogrames).

    I can't find any "originals" so... I don't know for sure what's going on....

    Roger.

  49. I forget to say a little thing! by Anonymous Coward · · Score: 0

    I am homo from turd world country!
    I have no soap to wash!
    I fuck my sisters yeast-infected pussy!
    I have no toilet!
    I can be seen in a pedophile movie!
    I was almost kidnapped by gipsys!
    I was robbed by the orphans who live in sewers!

  50. let's play CTP2 ! by Anonymous Coward · · Score: 0

    Civ 3 multiplayer will cost $100

    $50 for original game
    $50 for expansion pack with multiplayer

    or, 2 years later you can also buy

    $75 Civ 3 Multiplayer Gold Edition

    !!!

  51. Anyone tried Babelfish? by The+Smith · · Score: 1
    Read the Babelfish translation! A particularly good extract [my emphasis]:

    Besides it is impossible in opinion of Fiebach to consult within the set period its lawyer. It is annoyed about the behavior of employer speaker Michael Wetzel, which guessed/advised it to the lawyer assistance, it however for it no extension of the period not described more near enables in particular. " Mr. Wetzel even guessed/advised me to switch a lawyer on. Mine is however in the vacation and I at present knows myself not, as I with restraint is ", does not deplore myself Feibach.

    There we have it -- conslusive proof that lawyers are robots after all. (And what the HELL does the previous sentence mean?!)

  52. Um. by autopr0n · · Score: 1

    No one said they were doing that. They are doing translations and releasing patches. You'd still need the software in order to play the game.

    --
    autopr0n is like, down and stuff.
    1. Re:Um. by joshsisk · · Score: 1

      But what they are translating is copyrighted text, isn't it? I mean, you couldn't just translate a novel into another language and distribute it, could you (even if you did it for free)? That seems to be the angle Infogrames is taking on this.

    2. Re:Um. by Anonymous Coward · · Score: 0

      But the analogy doesn't work right (they never do). What's happening is a German person buys a book written in english, which is magically patched to be in German. It's not copyright infringement if you must legally aquire the product before changing it. In other words, the translation patch is useless if you don't first purchase the game, so where is the infringement?

    3. Re:Um. by joshsisk · · Score: 2

      As I understand it, it's illegal to republish or redistribute copyrighted material, even if you aren't charging for it.

      So if they take the copyrighted text from the game, even if its something as basic as "You will have to sweeten the deal if you want the {{civ}} to accept, {{civ_leader}}" and redistribute that, it's probably illegal. Even if you are translating it into another language.

      I'm not saying I think thats a good law, just that that's the tack the company will take. That it's a copyright violation.

      Now, if they changed the text more than just a straight translation, they'd have a better case, probably. Of course, IANAL.

      The thing is, they don't even have to take it to court... There is no way the developer can afford to fight this, unless someone like the EFF steps in to help him out. Which is probably their REAL tactic.

  53. Exactly. by orkysoft · · Score: 1

    Although with the DMCA and the new laws that are in the pipeline, it seems those EULAs are fast becoming more and more legally binding.

    --

    I suffer from attention surplus disorder.
    1. Re:Exactly. by RickHunter · · Score: 1

      The DMCA actually doesn't do anything to enforce EULAs, IIRC. Yes, they were tangled up in the DeCSS case, but the MPAA quickly forgot about them, as Johnson was too young to have been bound by the supposed contract anyway. The UCITA was supposed to do this, but I believe it got defeated or quietly dropped everywhere but Maryland and Virginia. (I think Maryland adopted a heavily modified version, while Virginia used pretty much the written bill, after some "encouragement" from AOL)

      The SCAAA, which is the only one I know of currently in the pipeline, doesn't have any effect on EULAs. It does effectively make it illegal to create or program any "digital devices" that don't implement a copy control system in hardware.

    2. Re:Exactly. by orkysoft · · Score: 1

      Now you're mentioning it, I haven't read anything about UCITA recently.

      --

      I suffer from attention surplus disorder.
    3. Re:Exactly. by RickHunter · · Score: 1

      Kinda worrying, isn't it? Makes you wonder exactly whats up with it...

    4. Re:Exactly. by orkysoft · · Score: 1

      Hehheh. It's worrying whether or not Slashdot reports on it :-)

      --

      I suffer from attention surplus disorder.
  54. Re:civ3 can rest in peace そう私 by Anonymous Coward · · Score: 0

    &# 12399;&#12 398;&#1239 8; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &#1242 7; &# 35010;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;&#1236 9;, &# 12365;. &# 12381;&#12 519;&#2652 4;, &# 12365;&#12 531;&#3034 0;, &# 12365;&#12 398;&#1251 2; &# 12383;&#12 426; , &# 12519;&#12 398;&#1239 5;, &# 12365;. &# 12381;&#12 391;

  55. Re:hey what a surprise by Anonymous Coward · · Score: 0

    That's "Rock over London, rock on Chicago."

  56. Re:civ3 can rest in peace そう私 by Oswald · · Score: 1

    Holy shit! I didn't even know my computer knew how to make those, um, characters. But unless there's a lot of arithmetic being discussed, it doesn't know how to make all of them.

  57. Looks like I'll be pirating Civ3 by Legion303 · · Score: 2
    Not to play it, or anything (I've never played Civ). Just to piss them off.

    Does this mean people who are working on translations of Japanese game ROMs are going to stop for fear of lawsuits? I hope not.

    Maybe it's time for a career change. Those lawyer cocksuckers make a bundle for nothing more than being sheer assholes.

    -Legion

    1. Re:Looks like I'll be pirating Civ3 by Anonymous Coward · · Score: 0

      I would guess that translated Japanese ROMs aren't a problem, as the reason they're being translated is that they were never available in English, so no one really loses (especially since they're old games that aren't being retailed anyway). Who would sue them? If they would, why wouldn't they sue the distributers of the ROMs too?

    2. Re:Looks like I'll be pirating Civ3 by cavemanf16 · · Score: 1
      Ha - I bought the game for the full US$49.95 before taxes and still had to download a crack for the main .exe file because my Win2k (with EVERY MS patch applied) still doesn't like my DVD-ROM drive and the copy protection on the Civ3 and Black&White CD's.

      Maybe Infogrames should quit trying to protect their IP shit when legal users can't even use it without doing what some people consider "illegal." My Civ3 and Black&White games run perfectly fine with the 'cracked' executables running, thereby by-passing the copy-protections on those two CD's. And NO, their is ZERO documentation for either game stating that 3rd party copy-protection software is being used to fuck up my computer's ability to read the CD-ROM's. THAT made me pretty mad.

      My take on this copyright/translation dispute is that Infogrames, despite whatever legal obligations they have backed themselves into to keep people from purchasing more of their product faster is their own damn fault. I say let them translate it and screw Infogrames over. They've already screwed lots of us over anyways by not delivering on what our legal money paid for.

  58. Re:Slashdot = Racist Biggots by Oswald · · Score: 1

    He obviously also speaks (or at least reads English). Perhaps for the benefit of those of us who don't speak German, he could post in the language the rest of us are using. I see many posts from people for whom English is obviously a second language (or they graduated from one of the poorer U.S. public schools), but guess what: they post in English anyway, so we can all follow along. And I'll bet a lot of them don't speak German either.

  59. Cheers! by Anonymous Coward · · Score: 0

    Hahaha, I wish I had mod points. Thanks.

  60. What they really should have done is... by Salamander · · Score: 2

    ...ask for a world map, two technologies, and half the treasury, then gone to war anyway.

    Yeah, I guess I've been playing too much. ;-)

    --
    Slashdot - News for Herds. Stuff that Splatters.
  61. JIT translating file systems? by vrmlguy · · Score: 2
    We have the technology to create parodies of web-sites in real time. And we have ways to translate text in real time. How about copying Civ (and other games) to a JIT-translating file server.

    Here's one method off the top of my head: Put the files on a Linux filesystem, exported via SAMBA. Add a hook that intercepts text, routes it through the fish, and sends it on the the game system. The first time the file is accessed, things will be slow, but the file server can cache the translations so that subsequent accesses will be much faster.

    --
    Nothing for 6-digit uids?
  62. (4) by Anonymous Coward · · Score: 0

    OK. That doesn't seem to be at all what the original poster was saying, but i'll bite.

    I would consider it rediculous if the law would say that if you and i both legally have copies of a book, that i would be banned from giving you a translated version of that book-- since no copyrighted material would be distributed to anyone without the copyright to that material-- but let's imagine for an instant that you're right.

    This is a game. It's Civilisation 3, for crying out loud. All that has to be translated is simple, short commands-- "the barbarians are attacking" or "you have discovered bronzeworking". The strings to be translated are short and *INFORMATIONAL*-- nothing "created" by the Civ people.

    Are you saying that Sid Meyer can copyright, say, the names of the technology advancements in Civ3 to the point where he can ban someone from distributing a list of those technology advancements in any language? (Because that's all the patch needs-- a list of words that correspond to technology advancements, and where to put them). I'm sorry, that's just too flimsy.

    I'd say that you could split up the strings in civ3 into two groups-- short enough thatyou couldn't possibly claim a copyright on them (say, the word "Bronzeworking"), or long enough that instead of directly translating what sid meyer's game says, the translators could just rewrite them totally such that they are no longer "derivative works", but simply similar writings that happen to be in german. Remember, this doesn't have to be an exact translation-- it just has to say things at the right moemnt to the point where the game makes sense.

    And if it does, legally, come down to that somehow sid meyer can ban anyone from distributing a file compiling statements equivalent to but not equal to statements that happen to be in the civ3 executable- which is all the patch needs to be to make the game playable-- then well, hell, who cares? Just write a short babelfish-like program that searches through the civ3 executable for strings, translates to german, then writes those strings back into the executable. A small set of complicated rules of how to translate idioms and such could be written to be tailored specifically to the KNOWN strings in the civ3 executable. This would not be effortless but it would be at most a project that would take a couple of days for a talented fourth-year CS student who's taken a couple AI courses-- write a program capable of recognizing and translating a small set of known linguistic patterns without actually including those patterns vertabrim (since they're copyrighted) in the executable.

    Your (4) is a valid issue, but nothing that can't be readily worked around.

    No?

  63. Babe, I've been looking for you for a long time... by Anonymous Coward · · Score: 0

    Please, *do* fuck me like a dog My ass, your cock You fuck, I suck

    (and I swallow, oh yes sweetie, I am cum guzzler #1 !)

    PLEASE, email me at mraftken444@hotmail.com, we need to see each other!!

  64. Host your Stuff in Russia by EABinGA · · Score: 1

    This just goes to show you, that if you don't want to get sued, you should host your website in russia or some other country.

  65. Re:civ3 can rest in peace そう私 by Anonymous Coward · · Score: 0

    That's because Slashdot automatically inserts spaces to keep you from screwing up formatting. Unfortunately, it's not smart enough to recognize HTML entities, so it puts spaces right in the middle of the number.

  66. Unfortunately, this is true by epepke · · Score: 1

    If you don't go after copyright violators, you can lose your copyright.

    I know that hindsight is 20-20, but it would have been much smarter not to have gotten in touch with the company. In that case, the company might have been able to overlook the violation. As it is now, they cannot without legal risk.

    1. Re:Unfortunately, this is true by Detritus · · Score: 2

      I think you have confused trademarks with copyrights. Trademarks must be defended to avoid the mark becoming part of the public domain.

      --
      Mea navis aericumbens anguillis abundat
  67. Something To Think About by DarkZero · · Score: 2

    A lot of people are in here arguing that "Infrogrames has a right to make money", as if this were a piracy issue. Had you read the blurb on Slashdot more closely, you would realize that this translation is only for people that legitimately bought the US version of the software, usually online.

    Infrogrames may not be making money specifically the way it wants (small licensing fees going through Infrogrames Germany and into the US Infrogrames)... but they're actually making more money this way than they would be on the official German translation of Civ3.

  68. This is the first time that this has happened. by Koitsu · · Score: 1

    I translated Final Fantasy 5 in 1997 with a Japanese friend without Square's permission, and we never got a single cease-and-desist order from Square Costa Mesa, a whole 6 miles away from us.

    If it weren't for the DMCA being overly broad, this would not be illegal. A patch file is a list of instructions.

    Would a document that told you places in a book to white out words and write your own be illegal?

    Koitsu

    1. Re:This is the first time that this has happened. by Anonymous Coward · · Score: 0

      Hey, thanks :-) I'm half way through playing the translated FF5 right now! Thanks Koitsu!

    2. Re:This is the first time that this has happened. by Anonymous Coward · · Score: 0

      Thank you. You are awesome. I got to play one of the best FF games of all time because of your hard work.

  69. Nope by epepke · · Score: 1

    It's true on both trademarks and copyrights. It may have been a bit before your time, but Tolkien actually lost the copyright to LOTR in the U.S. because Ace stole it and published it, and Tolkien didn't pursue them vigorously enough. Tolkien had to make substantial changes to LOTR in order to get a copyright in the U.S.

    Also, the first season and a half of Star Trek, under the Desilu distribution, was public domain, because it wasn't released with a copyright notice. Of course, Paramount has claimed copyright on all the re-releases and new prints, but if you can find an old print, you can do what you like with it. Ironically, this helped computer gaming, as all those Star Trek games were legal.

    American copyright has been somewhat better since we signed the Berne convention. For instance, you now don't lose copyright if you fail to provide a notice, just the ability to sue for damages. But still, after the dismissal of Apple's suit of Microsoft (as well as Xerox' suit of Apple), not on the grounds that they were stupid but because they hadn't brought them earlier and vigorously enough, people are understandably cautious.

    1. Re:Nope by Anonymous Coward · · Score: 0

      Copyright *cannot* be lost by not defending it. I point you to US code title 17: http://www4.law.cornell.edu/uscode/17/

      As far as I am aware, this has never been true in the US.

  70. Ah, but by epepke · · Score: 1

    Did you give them written notice that you were going to do it? If you had, you might have been bothered by them.

  71. Mod this up... by benjamindees · · Score: 1

    This is the only post I've seen yet that gets at the real crux of this situation. The insanity of most copyright laws is just this: that in a wired world, most copyright laws PREVENT the spread of information instead of ENCOURAGING (or subsidizing) it, as they were intended. The Napster case showed this very clearly. Even though Napster did not profit from the distribution of MP3s, they were found guilty of copyright infringement under legal precedents that treat "devaluation" of property rights the same way as outright theft. It's like Microsoft suing UPS because someone ships a copy of Windows through it. (Okay, I know it's not exactly the same, but in extreme cases, such as this one, legal theories such as those involving "devaluation" demonstrate their limitations.) What happens when DVD's can be translated by computer and the Consortium's "Region" classifications become the same sort of bottleneck to progress?

    --
    "I assumed blithely that there were no elves out there in the darkness"
  72. If you're German, own a legitimate copy of Civ3... by ajv · · Score: 2

    Here's the address you can send your displeasure to:

    askthecivteam@firaxis.com

    Please be civil.

    Remember, if you _own_ a product, you are not _copying_ it or infringing Firaxis's rights in any way. As long as the patch (which I believe will involve a translation of the "Text" subdirectory) will not work unless you have the real thing, I can't see how Firaxis can lose... unless they heavy handedly stomp and piss on all their fans. Of which I am one.

    For shame, Firaxis!

    --
    Andrew van der Stock
  73. Re:Not in the EU!!!! by hughk · · Score: 1
    There is an explicit right to reverse engineer s/wfor the purposes of interfacing. This is the HMI, so a translation is permitted, as long as you own rights to use the original s/w.

    If the local agent isn't doing the work. Sorry, they lose the business!

    --
    See my journal, I write things there
  74. Another Gripe at Infogrames by m_evanchik · · Score: 2

    Regarding Civ III and Infogrames, I've got a gripe with them Stateside.

    They marketed a "Limited Editon" which promised designer notes(which were pretty much the only worthwhile goodie added). They shipped the Limited Edition, which said it contained the designer notes, and they never included them. Just plain forgot to include them in all 75,000 of the "limited" Limited Edition.

    People have squawked about it, but Infogrames and Firaxis (Sid Meier's company) have been silent on this rip-off. This is particularly galling as Firaxis used to be a real standout in terms of standing behind their products with patch support and decent documentation.

    Sometimes you wonder how the bean counters really can manage to screw up a thing of beauty.

    1. Re:Another Gripe at Infogrames by ACS_MarkG · · Score: 1
      Infogrames and Firaxis (Sid Meier's company) have been silent on this rip-off.

      (German) Infogrames made an announcement which you can find translated at http://apolyton.net/civ3

      Judging from a comment by a Firaxian on our forums, it seems that Firaxis had nothing to do with the decision to take legal action

  75. Derivative Mods are already out for Civ III by dcr · · Score: 1

    It's interesting that Infogrames is going after this mod when there are already several mods that use the original files as building blocks.

    Here are a few examples:

    Here (Apolyton's Civ III forums) is a thread full of modifications to the original resource tile graphics to make them more easily identifiable.

    Here (Apolyton's Civ III forums) is a thread discussing a mod that adds some information to the production queue that makes it easier to understand the implications of your production choices.

    Here (Apolyton's Civ III forums) is a thread discussing a modification to the original wonder graphics that gives some useful information about what the wonders do for you.

    I Could cite some more examples, but this gives an good picture of the selective enforcement of this part of the EULA.

  76. Re:If you're German, own a legitimate copy of Civ3 by Anonymous Coward · · Score: 0

    Its not Firaxis, its Infogrames. If you think developers (as opposed to publishers) have much in the way of a say over what is done with the properties they develop, you are misinformed.

  77. Patches/copyright: patch-maker or patcher affected by Frank+T.+Lofaro+Jr. · · Score: 2

    If a 3rd party releases a patch, who is making the derivative work? The patch-maker or the person who applies the patch?

    Of course that leaves open the fact that the patch maker had to have a modified version from which to make the patch (possible infringement) and that the patch itself could be contributory infringement (contributes to the user's infringement).

    --
    Just because it CAN be done, doesn't mean it should!
  78. Big implications re: Civ4 by puzzled · · Score: 1



    I think in Civ4 we'll see a 'foolish corporate lawyer' military unit. Just imagine opening a hut and finding that "You've released a horde of irritated slashdot readers" :-)

    --
    I am very easy to get along with, but I don't have time to waste being nice to people who are being stupid. -Theo
  79. Re:If you're German, own a legitimate copy of Civ3 by beable · · Score: 1

    So you think Firaxis should be punished for what Infogrames Germany has done? I would much prefer if people didn't send email to that Firaxis address, because the programmers there should be spending their time working furiously on the patch that Civ3 desperately needs, not reading a bunch of mail that has nothing to do with them.

    --
    ...
  80. This is not a troll by kypper · · Score: 1

    It's the truth, and establishes that this fact matters little to any company since we truly are sheep lined up, begging for the slaughter.

    His imagery is a little crude, but accurate.

    Metamod, don't forsake me.

  81. Internet Archive by Tazzy531 · · Score: 1

    This is slightly off-topic, but if the site has been taken down, it is most likely still viewable at The Internet Archive

    Next time, post the URL so that we can view the page...

    --


    _______________________________
    "I'm not Conceited...I'm just a realist..."
  82. Games companies want to MAKE MONEY?! by torian · · Score: 1

    Who woulda thunk it? ;)

  83. Hope they fix monitor problems by humtibum · · Score: 1

    I hope they fix the monitor problems for the translated versions. The english version sets the monitor's refresh rate to the highest possible. But some drivers have not been updated for Win2k or XP and the monitor will then use the default driver. The default driver's max refresh rate is 120Hz and that will fry you monitor if it can only handle up to 100Hz.

    Off topic perhaps, but I just had to buy a new monitor this week, and I shall gladly pay some slashdot karma to prevent this from happening to someone else (and maybe that'll give me some REAL karma :-) )

  84. Assuming an EULA is legal by Snaller · · Score: 1

    ...and i don't think it is.

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  85. I don't really see the problem by maxxon · · Score: 1

    That's clear and blatant copyright infringement, and Infograms is well within their rights to defend it. Get up in arms about true injustices, not people don't ill-advised things and then getting in legal hot water for it.

    --
    max
  86. Speaking of translating ROMs... by Anonymous Coward · · Score: 0

    (Posted anonymously, for obvious reasons...)

    I once translated a certain Japanese Famicom RPG into English; though I never distributed it--I did it just for the fun of hacking the program--I did contact the company that made the game and ask if there was any way I could help with "official" translation; I even went so far as to send them a part of my translation.

    Not only did this company not pull out the lawyers on me, they referred me to the vice president of localization at their USA branch, who actually called me up (or maybe I called him after he provided me his phone number, I can't remember which way it went) and we talked about several things including possible future employment. (Which I now somewhat regret turning down given the low quality of translations coming out lately, but oh well.)

    Is it that Japanese companies are more intelligent than Western ones, or is it just changing times? I dunno, but whichever it is, it's unfortunate.

  87. Uhm, Wait a second... by Pilferer · · Score: 1

    Right out of the \text\ directory:

    "INSTRUCTIONS FOR TRANSLATORS!"

    So, eh... uh?

    ; Sid Meier's Civilization III
    ;
    ; Dialog box scripts
    ;
    ; Copyright (c) 2000, 2001 by Firaxis Games, Inc.
    ;
    ;
    ; INSTRUCTIONS FOR TRANSLATORS!
    ;
    ; 1) These files must not be saved in "Microsoft Word Format", or they will
    ; be ruined. They MUST be saved in "Text Only" format.

    1. Re:Uhm, Wait a second... by Farmer+Jimbo · · Score: 1

      Indeed. It gets better though the more you read of that scripts.txt file. I t actually uses German as an example for translation.

    2. Re:Uhm, Wait a second... by WWWWolf · · Score: 1

      Right out of the \text\ directory:

      "INSTRUCTIONS FOR TRANSLATORS!"

      So, eh... uh?

      You know, they do not rely on users to do the translation. They have several highly trained employees to do the job. The message you are looking at is, by all accounts, likely to be just an internal message for these people, who have a pressing need to edit the files!

      I have seen similar messages in many games...

  88. just me by cyberbob2010 · · Score: 1

    Is it just me or do the Russians not have laws on intellectual property. That's why they couldn't get Dmitry over there right?

    --
    We seldom regret saying too little but often regret saying too much.
  89. Re:Stop posting stories like this... by pixel_bc · · Score: 1

    Just like people to moderate things they don't agree with as Flamebait.

    Actually - he is affecting sales. They WILL eventually release a German version. With him doing this, people won't purchase said version.

  90. Translations suck.. by Anonymous Coward · · Score: 0

    I'm lucky, Civ3 is likely never to be translated into Finnish. Thus I can play it in english _when it comes out_, not six months later.

  91. EULA/DMCA by Anonymous Coward · · Score: 0

    In Germany software purchase is a special purchase. Those sucking "license agreement" à la MS are invalid, the only considerably are the UrHG., 61ff.

    At best read the license conditions which everyone throws away or has never read.

    ** those you only get to read if the game is already unpacked? Nonsense.

    Those are already invalid because:
    1. you cannot read them before the purchase, and
    2. a contract locks with the dealer and not with the manufacturer.