OpenBOR remains opensource even with a commercial released game, but does that mean the code and scripts within that game is within copyright or is considered opensource as well?
Example if someone copies code from a commercial game for another commercial game this could be an issue perhaps? But copying things for a fangame should be acceptable?
Before I go further, I feel it's important to clarify what "open source" really is. People tend to think of it as
"free",
"I can do whatever I feel like", or
"I can see the code", but it has nothing to do with that stuff at all. Open Source is just a license model, and it has tons of variations. Having access to something doesn't make it open, and not having access doesn't make it closed.
Examples:
- Accessible but closed: Pretty much all modern music is closed source. You have the material and physically you could do whatever you want. Make copies, use it in your products, or whatever else. Of course the license doesn't allow any of that, and copyright holders are all up in your business the microsecond they find out.
- Inaccessible but open: Most stuff that was on Sourceforge, which until 2017 included OpenBOR. You couldn't get to the source code at all without permission from SX (which he rarely gave), and I kept a similar control, but the engine source has an Open Source license (see below).
An open source license can have infinite variations. It's also possible for an application to have some parts of it open and closed. Again using OpenBOR, back when Securepak was a thing, that part of the engine was inaccessible AND closed source. It had to be - if SX gave out the code or its design, then you'd have the locking algorithm and that would defeat the whole purpose. If
@Kratus and I are able to work out a creator locking scheme, that too will be closed source and inaccessible.
OpenBOR's license is fairly bog standard. Its purpose is to make sure nobody can decide they own the engine and take it away from us. So if some AAA company decides to use the OpenBOR source code (and for all we know, maybe they did at some point), they can't come back to us and claim copyright over it. They also have to provide the developments they made on request. Therein lies the second part a lot of people misunderstand. The license doesn't require code developers to do anything. I could shut the github down and take away access to my copy of the source code, and there's not a thing anyone could do about it. Why? Because I'm not
using the engine. However, the moment I choose to publish a game, I am obligated provide a source code copy of that engine version. In other words, the onus of providing source code is actually on you, the creators.
Now, to the question. The OpenBOR license
only covers the engine. It has nothing to do with content. Assuming you have ownership of rights, you can choose to make whatever parts of your games open or closed source that you feel like. Most of us are using closed source sprite, font, and audio assets, so we have no right to control those. The text and code however, do belong to you (assuming you wrote them). You can license those separately.
The catch is enforcement. You can say your art, code, and text are closed, but this is the internet. If they have physical access, they're going to ignore you and take whatever they can. What are you going to do? Track them down and file a suit? It's not hard to get them taken down from reputable distribution hubs, but you'll be playing an unwinnable game of whack-a-mole.
That's where module locking comes into play, which of course is its own subject.
HTH,
DC