I think you need to remove the word "total conversion" from your project. Total conversion means there is nothing left at all from the original game except for the engine code. Every model, graphic, sound, building, tree, spell, item have all been removed and replaced. And anyone who's been around the block knows 99.9% of all total conversions are an epic failure.
Dictionary quote please? You made that up yourself it seems. The only place where I can find a 'definition' of 'total conversion' is in the urban dictionary:
A total conversion when used with respect to video games, is a type of mod that alters the game to such a degree that it either no longer, or very loosely resembles the original game.I'd say that applies to MERP. As for the rest of your advise, no thanks, you obviously know too little of this project.
Why announce this now, and in here (and label it as a [WIP] when the game isn't even here).
Amateurs guising as professionals with no license to actually use Tolkein lore.
If your project and 'team' are as big as you say they are, there is no reason why you couldn't develop your own engine instead of stealing the work of others (and taking all the credit).
We are a talented team of modders, not professional game engine developers. There's a huge difference between the two. We give credit where credit is due, and since our mod is non-profit we consider it essentially fan-art. If any copyright holders think we're infringing their copyrights we'll take it up with them, but ultimately that can only decided by a court of law (not by the author or owner of the original work). I quote from wikipedia (yes I know, not a very reliable source):
The legal status of fan made art in America may be tricky due to the vagaries of the United States Copyright Act. Generally, the right to reproduce and display pieces of artwork is controlled by the original author or artist under 17 U.S.C. § 106. However, fan art using settings and characters from a previously created work could be considered a derivative work, which would place control of the copyright with the owner of that original work. Display and distribution of fan art that would be considered a derivative work would be unlawful.
However, American copyright law allows for the production, display and distribution of derivative works if they fall under a fair use exemption, 17 U.S.C. § 107. A court would look at all relevant facts and circumstances to determine whether a particular use qualifies as fair use; a multi-pronged rubric for this decision involves evaluating the amount and substantiality of the original appropriated, the transformative nature of the derivative work, whether the derivative work was done for educational or noncommercial use, and the economic effect that the derivative work imposes on the copyright holder's ability to make and exploit their own derivative works. None of these factors is alone dispositive.
American courts also typically grant broad protection to parody, and some fan art may fall into this category. This has not explicitly been adjudicated with respect to fan art, however. Moreover, while parody is typically afforded protection under § 107, a court must engage in a fact-intensive, case-specific inquiry for each work.
And that only counts for the USA, while the vast majority of our team lives outside of the USA, spread all over the world. Due to that fact I do not think there will ever be a court of law on this specific matter to decide whether we are infringing copyrights or not. We may get a Cease and Desist letter, but that by itself means nothing, anyone can send one. We wouldn't listen to it, and then the sender would have the choice to take it up in a court of a law or let it be. I expect they will let it be, since due to the international nature of our team and the anarchist nature of the international system of states, it would be a very costly and a truly legal nightmare to prosecute our developers. With a significant risk of 'them' losing the case as well.
So hold your horses, until a court judge has ruled, the statement that we infringe copyrights (or 'steal', which is legally speaking an incorrect term in this entire discussion since 'stealing' requires a missing original) is an
opinion and
not a fact.
I can't wait to not play this because it's not finished yet and you guys decide to ditch it when "Elder Scrolls VI: High Elf Hullabaloo" is announced and you guys decide to move your conversion mod to that new engine and then never finish it and when "Elder Scrolls VII: Oodles of Orcs" is announced you'll tell everyone how you're working on the conversion mod for that game that will never be finished.
This concern has come up before. The Oblivion->Skyrim port does not mean that we will keep porting to the next release of the series over and over, since the circumstances of this port are unique. MERP only started with Oblivion 2 years after it's release, and in the beginning the team was very small and lacked professional knowledge in several modding areas. Due to this our earlier releases weren't merged properly which caused a lot of severe errors. It took more than a year to repair our merge, and we're only just done with that. During that repair a lot of work was on hold, and we suffered significant delays.
In contrast, we have a lot more knowledge in the house now, and come Skyrim we will immediately have a big, experienced and multi-talented modding team, we have a lot of custom-made models ready, we will have a new and improved heightmap ready, we have a fleshed out plan of development, and we have a huge fresh modding community from which we can recruit a lot of new talent into our team. Our starting position is nearly perfect. Again, in Oblivion we started half-way with a largely inexperienced and far smaller team.