Shadowcran wrote:The way I see it, it's legal. For one thing, a lot of these cards have been practically abandoned over the years making it public domain.
As far as current MTG stuff, this would only amplify interest in the newer games. You play this old version and you want to play more versions. This is why they released 'Duels of the Planeswalkers" on Xbox 360, to attract new players....or in my case, reattract old players. That's why the others haven't pursued any legality against manalink.
Companies are starting to realize that PC games NEED a way to improve upon them by regular players adding to existing games. Take The Elder Scrolls: Morrowind and Oblivion for an example. These games are thriving NOW, years after their release, thanks to a huge modding community that the company, Bethesda Softworks, provides for by putting a toolkit with the game. There are over 30,000 mods, from large to small, of this game and millions are still hooked on it thanks to all that. The company gets exposure and it doesn't cost them one red cent of advertising. Not only that, Bethesda now has a pool of creative talent they can hire from the modding community, and have done so.
If I was CEO of Disney(they still own MTG and Wizards of the Coast don't they?)I'd be hiring the ones who have contributed to all the improvements to an old game found here.
Legally, there is no such thing as "abandonware". What this website is doing is making use of Microprose's software without a license, or for those who legally purchased the game, in contravention of their license. We are also using WoC's (Hasbro's) intellectual property without their express permission. No one from the company will ever acknowledge that this website and modding exists, so as to avoid creating any implied permission.
As such, they can shut us down any time they want. If a "cease & desist" letter doesn't work, they will easily be granted an injunction, which will also work. The only possible defense would be the fair use doctrine, but that's generally limited to reviews and critiques, and doesn't really apply.
Comparing this to modding morrowind, or other games that are still available for sale is a false equivalence, because (A) Shandalar is no longer for sale, or supported in any way, and (B) there are other games, such as MTGO and DotP that are commercially available. Furthermore, accepting/targeting modding is a strategic business decision which does not make sense for all (or even most) games. It is a way to engage the hardcore gamer, who wants more product than the company can profitably provide.
From a business perspective, there are reasons for, and reasons against, allowing the continued modding going on here.
WoC would be justified in trying to protect their intellectual property by shutting us down, or because they feel we compete with their paid product. On the other hand, they may be interested in keeping this operating as a form of marketing. Or they may simply decide that the cost (both financial and in terms of goodwill) of shutting us down is not worth it.