HAVE A LOOK AT THIS!

[Mustang]

Ahhh. Well. They need to sell it. So they can be SUED.

[Darkthunder]

They can be sued for copyright infringement. Fairly sure the modders involved that have stuff on that "FREE" DVD, didn't condone or allow the site owner to sell discs with a "bonus" disc containing their work.

[limey BSc.]

darkthunder has a point. In the readme for KM it says:

5. You must contact us if you want to redistribute Kobayashi Maru, or any parts of it!

This is redistribution, thus they broke the licence/copyright thingy.

[JimmyB76]

they are not marketing KM itself, they are selling the disc plus a free bonus...  they are using KM as an incentive, but the focus of the sale is BC...  as dirty as it is, they arent technically doing anything illegal or conducting any copyright infringements...
theyve found the "loophole" and are taking full advantage of it... 

[limey BSc.]

Theyre still redistributing it though, which is against the licence/copyright in the readme for KM.

[1DeadlySAMURAI]

Just because KM is free doesn't mean it doesn't have laws that can be broken.
The license/copyright in the ReadMe for KM must be considered.
This site broke that so it's an illegal spreading.

[JimmyB76]

well, im not too sure about the whole redistributing thing...  but anyone can grab KM off BCFiles for free... 
if they sold the KM disc, of course that would be totally different...  perhaps Defiant and the KM Team should intervene into this, i would be curious what to hear what the seller has to say...   

[Picard_1]

If its free then they arent technically selling it.

Right, In order to claim mod theft, you would have to prove that part of the $49.99 revenue made was from the mod material included in the package. However, since they said it is FREE, this would be very difficult if not impossible to do.
However, you might have a case if they didn't credit the authors of the mods. Otherwise, they are legally entitled to do as they please.

[Darkthunder]

They still didnt ask the authors of the mods in question, if they were allowed to distribute through other methods than through BCFiles.

[Picard_1]

They still didnt ask the authors of the mods in question, if they were allowed to distribute through other methods than through BCFiles.

It's possible they did make a request to distribute the mod through the Kobayashi Maru forum or directly through the author's email but did not receive an answer. I've requested to modify KM 1.0 similar to KM pimped and have gone unanswered. Perhaps a similar situation occurred with them. According to the license agreement of the KM team, they are able to distribute anything they want as long as proper credit is given.

[DJ Curtis]

I doubt it.  They're selling pirated DVD's, so yeah...

[Picard_1]

Well we all know their a scam so the best thing to do is let others know.

[Mustang]

they are not marketing KM itself, they are selling the disc plus a free bonus...  they are using KM as an incentive, but the focus of the sale is BC...  as dirty as it is, they arent technically doing anything illegal or conducting any copyright infringements...
theyve found the "loophole" and are taking full advantage of it... 

It's just like copying retail DVDs. You can copy them for yourself, and give one out to your friend, and they can't get you. The second you give it out to your friend for money, they've got you.

[Aeries]

  Ah, the loopholes of the legal system. There ought to be something in the mod license agreement that states something to the effect of: "Any redistribution beyond www.bcfiles.com is strictly prohibited without the explicit consent of all the participants of the development of these mods" ...or something...

[Mustang]

Good idea...