Type of Fiat: Rules Change
Context: The current Licensing Guide outlines specific rules for the development of video games that are derived from the SCP Wiki. The listed rules are overly restrictive, and many of the largest current games based on the SCP Wiki do not comply with the license as written — notably, the current rules prevent the usage of any major Game Development Engine, presenting a major blocker to aspiring developers. As well, when contacted with questions regarding the current policy, Licensing staff is unable to give a solid answer, due to the non-enforceability of the current policy, without potentially providing information that is legally correct, but contradicts the policy.
The proposed changes to the Licensing Guide would change from a prescriptive stance, to instead noting that we cannot give detailed legal advice, to avoid any liability. Additionally, we have created a set of internal games licensing guidelines that, although they are not legal advice, outline a set of best practices for complying with our license. If these guidelines are followed, we can consider a game as having made a 'good-faith attempt' to follow our license, and would be provided upon specific inquiry/request.
Description: The current Licensing Guide states, as it relates to all games derived from the SCP Wiki:
[The developer must release] the work under CC-by-SA-3.0, including the release statement prominently on any store page the game is distributed on (as well as developer websites and the like), releasing the game without DRM if the game costs money (steam and the like have developer options for this), not imposing additional legal restrictions through EULAs or equivalent user forms, and not attempting to impede any alternate distribution sources so long as those sources in turn follow the terms of the license.
Due to the fact that many popular game engines cannot be released under this license, and the fact that the policy as written does not allow for any games that are not entirely CC-by-SA-3.0, all popular SCP games are in violation of the current policy. Given the fact that we do not have the legal ground, nor the resources to pursue those projects, and the fact that they are considered a positive for the community at large, this policy is unenforced.
As such, to create a policy where we can advise game developers on the best ways to remain compliant, we propose the following:
1. We change the Licensing Guide's language to state the following:
Game Developers: Due to the complexities of the interactions between game engines, development and our site's license, we cannot give specific legal advice regarding how to comply with the license while making a game based on the SCP wiki. We suggest that any video game developers looking to create a game based on the SCP wiki seek their own legal counsel to assist in clarifying those specifics.
Suggested ways to disclose and properly attribute pages or content from the wiki is outlined in other sections of this guide. For further questions or suggestions of best practices, please contact Queerious, or another member of the licensing team.
2. We host a page on O5, for internal use, outlining the best practices a game developer can take, to stay compliant with the Wiki's license. This page does not constitute legal advice, and is stated outright at the top. The page will be provided to game developers on request, and subject to complying with the outlined suggestions, a game will be considered as a 'good faith attempt' to follow the Wiki's license, and licensing team will not pursue any corrections. In instances where a video game does not properly attribute the wiki, the Licensing team will be able to contact the developers regarding the issue, as with any other derived content. The contents of this internal page are listed below:
https://05command.wikidot.com/games-licensing-guidelines
Supporters: