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'No One Lives Forever' Turns 25 and You Still Can't Buy It Legitimately

skibz

NOLF is actually source-available [0][1][2], and it has been since not that long after its original release.

There's also a community-driven project [3] keeping it playable on modern hardware - however, it hasn't seen any activity in several years.

If you haven't played or heard of NOLF before, I highly encourage checking it out. It's a fantastic title, even after all these years.

0: https://web.archive.org/web/20020217233624/http://pc.ign.com...

1: https://web.archive.org/web/20010720053220/http://noonelives...

2: https://github.com/osgcc/no-one-lives-forever

3: https://github.com/haekb/nolf1-modernizer

dfxm12

So you can't buy it, but you can play it, and the source is available. Is this really a problem? I know the article mentions this in passing, but preservation & the ability to actually play a 25 year old game is more important than its capitalization, IMO.

visarga

Copyright kills works when rights cannot be negotiated, usually because the rights holder is not to be found, but in this case because the situation is just "complicated".

bluGill

I've long thought copyright should only apply if the work is available for sale, or they are actively preparing another printing so they can sell it again in the near future.

Lammy

Fuck “buying it legitimately” anyway when it's old enough that it would be Public Domain under a sane copyright regime.

Relevant: NOLF Revival Edition (same as mentioned in the article and quoted article, but actual link):

- https://archive.org/details/no-one-lives-forever-trilogy

- https://news.ycombinator.com/item?id=43146581

tavavex

No One Sells Forever, eh?

But seriously, the way the copyright system prevents people from preserving and re-experiencing works as soon as the "rightful owner" stops caring about them is a travesty. I say that when an IP becomes orphaned, stops being claimed by a new rights-holder, or some time after it stops being sold/used, it should be forcibly removed from the grip of copyright and open for everyone to use. Otherwise, we're heading to a world where only a slim subset of well-performing properties are being offered, while the rest lie in a gigantic graveyard of things-someone-owns-but-will-never-use instead of being potentially put to use by someone who would actually care.

lanthade

I loved NOLF and NOLF2. I was actually thinking about pulling them off the shelf and loading them up again the other day. I had no idea that the rights around them was such a mess.

LarsDu88

I remember playing the demos for NOLF and NOLF2 years ago. If I had known it would be impossible to buy 25 years later, I would have bought the game!

I also remember reading articles in Game Developer magazine about how sophisticated the AI in NOLF2 was. Wish I could find that article

RcouF1uZ4gsC

What is the downside to limiting all movie and software copyrights to 10 years?

Source code and materials etc can remain trade secrets if desired?

And all IP with a movie as well - including characters. This would stop a studio from forever milking the same piece of IP forever.

shalmanese

So say someone decides to produce a remaster of NOLF. Does Activision have to produce this piece of paper once they sue to establish standing? If Activision's version of this piece of paper was chewed up by rats in the 90s, does their ownership stake vanish in a puff as well?

If the potential victory from a lawsuit is $20K and Activision estimates it will cost them $50K to find this piece of paper, is the company relatively safe from a lawsuit?

bluGill

> Does Activision have to produce this piece of paper once they sue to establish standing?

Yes, but see below.

> If Activision's version of this piece of paper was chewed up by rats in the 90s, does their ownership stake vanish in a puff as well?

No, but complex. Legally the contract is still valid, but they still need to show the court what the details are. All parties to a contracts get a copy, and so Activation can legally force other people who should have a copy of the contract to produce it, any copy is enough (or several partially rat eaten copies may be enough to reproduce what the original said). Activision has all the time they want to find copies of the contract (unlike trademark, copyright isn't use it or lose it), so you are risking the above for a long time. Sometimes enough testimony in court of we did have a contract is enough - when it is obvious there must have been a contract at one time the court will put together obvious details which might be enough to sue. In this case the 3 parties can agree that while they don't know who as rights between the 3 of them the rights must be contained and so they can agree to a 3-way split for purposes of going to court - even if it latter turns out only one party had rights, that party agreed to the split (though if you years latter can prove a 4th party has rights they can sue the other 3).

Of course if rats did eat all copies of the contract the lawyer fees to figure this out are likely more than the game is worth and so it probably isn't worthwhile to sue, so practically it may be as if they no longer have rights to the game just because they can't afford to enforce it. This is a very risky take though and so nobody should risk it.

mandevil

They would need to prove that they have the rights to it to win court, yes. The chances of Activision actually pulling the trigger and suing if you made a remastered version are definitely less than 50-50. They'd have to actually have owned the rights in the first place, they still have the documentation to prove it, and that they'd find a suit a profitable idea? Let's say it's a 1/3 chance. That means if you publish it, you'd have a 2/3 chance of not getting sued by Activision, that can have a positive E(V) if you just go ahead and YOLO it.

But the killer is that WB and Fox (now Disney) also are sitting out there as maybe rights-holders. Let's say that each of them also has a 1/3 chance of suing and that they are all independent. Now you have a 8/27th chance of not getting sued- less than 1/3. So the expected value has to be twice as large as with a normal, single company situation to justify the increased risk of lawsuit from one of three companies. And so no one pencils out the choice as a good one, compared to the opportunity cost of working on some other game with a clearer rights situation.

bluGill

It is reasonably sure that each party has a 90% chance of suing if they have rights. There is a 90% chance someone will send you a cease and desist just because all 3 are the type that will do it if they think they have rights. There is a reasonable chance more than 1 will send a cease and desist (some weaselly "we are still checking rights but if we have them your notice starts now - just enough to avoid fraud if it turns out they don't have rights)

mindslight

[delayed]

shalmanese

Why would you set the probability at 1/3rd? It feels closer to 1/100 at most.

They've admitted the documents, if they're anywhere, are buried in a file cabinet at Iron Mountain. You can set a lower limit on the amount of labor required to produce the document. Activision is not going to go on this quest if the labor required * chance of the document existing exceeds the amount they can win in a lawsuit.

ferguess_k

NOLF2 is one of best and interesting FPS I played. I wish they remastered it.

croes

Everybody is waiting for HL3. I want NOLF3

keyringlight

I'm torn about whether I'd want a direct continuation. It has similarities to the changing tone of the spy shows/movies and their satires that inspired it in that things change over time, and the reception to the feminism angle would be different now. A sequel would likely mean moving the time period on again which has additional challenges.

I could definitely see starting over with a reboot, which would also give the studio involved a chance to dodge all the rights issues by doing a 'spiritual successor' and renaming everything. 25 years later you're likely trying to attract newcomers much more than you are fans of the old games that want specifically more NOLF. I'd also be interested in a cold war era spy thriller that played it straight, real spy history has a lot to pull from that could be weaved into an intriguing story to play through, and NOLF did touch on some of the issues around spying like taking advantage of people.

hnarayanan

This. This was such a charming game series.