FreeGameDev

Hey guys,
Is it possible if Mario could be in the game, or is it infringing?
I was thinking it was possible because, well, this is an open source game and it is non-profit.
what do you think?

philip {l Wrote}:is it infringing?

It is.

I recommend this read: http://www.templetons.com/brad/copymyths.html

2) "If I don't charge for it, it's not a violation."
False. Whether you charge can affect the damages awarded in court, but that's main difference under the law. It's still a violation if you give it away -- and there can still be serious damages if you hurt the commercial value of the property. There is a USA exception for personal copying of music, which is not a violation, though courts seem to have said that doesn't include widescale anonymous personal copying as Napster. If the work has no commercial value, the violation is mostly technical and is unlikely to result in legal action. Fair use determinations (see below) do sometimes depend on the

Well, I *think* you are allowed to create a Mario-like kart on yourself if you don't share it with others.* However, I'm pretty sure that Mario as we know him from Super Mario or Mario Kart is copyrighted, so the kart may neither be included in the core game nor in the add-ons.
Besides, STK is a game "featuring Tux and Friends" - and I don't think Tux would be friends with non-free software mascots. So, even if my above assumption about the copyright should be wrong, I would not support including such characters in the add-on section. Please keep in mind though that this is my personal opinion - if Mario should be free to use (against my expectation) and you find the time to model and texture it with proper licensed artwork, you should be able to include it on the add-on page.

This being said, I wouldn't encourage you creating a kart with a non-free character; however, it's always your decision what to do with your time.
If you are able to create 3D models, creating karts with free mascots will be approved much likelier by the community; and there are even chances (if you are really good) that it may become included in the core game.


* Disclaimer: I am not a lawyer, so this may be wrong, too.


Crend

Yup and that's too bad, it would be really cool...

Sweet! can you PM me the link?

Link to what, the Blender file?
I really just took Mario from the Super Blender Galaxy project and put it side-by-side with Tux.

I can send you the Blender file if you want but it's not clean at all and you should be able to get the same result yourself, or better, using the model from Super Blender Galaxy

This being said, I wouldn't encourage you creating a kart with a non-free character

-> even if it's for making a bad guy in the game ?

Yea, send me the blender file. Thanks in advance!

Funto {l Wrote}:Link to what, the Blender file?
I really just took Mario from the Super Blender Galaxy project and put it side-by-side with Tux.

Are you sure that you are allowed to do that?
The Super Blender Galaxy Project archive doesn't contain any licensing information, so I doubt you're allowed to. Though please correct me if I'm wrong.

Funto {l Wrote}:

This being said, I wouldn't encourage you creating a kart with a non-free character

-> even if it's for making a bad guy in the game ?

Yes. The "bad guy" is Nolok (everyone who ever played SuperTux knows this ).
So, please re-check that license issue before you spread the file, because else you could run into serious trouble (you most probably won't, but it's nothing to be challenged, I think ).


Crend

Crendgrim {l Wrote}:

Funto {l Wrote}:Yes. The "bad guy" is Nolok (everyone who ever played SuperTux knows this ).

I was just joking

And yes I haven't been able to find licensing info for Super Blender Galaxy, the best info I have is that it was part of a public Blender Game competition.
philip >> the best way would be to ask Super Blender Galaxy's author, plus he is really talented and could surely make a real kart for Mario