What's this all about?
    At this stage in the development of DarkWar and Neither, we feel it is
    somewhat necessary to be completely transparent regarding our intentions
    for both the DarkWar and Neither projects.  We want to avoid future
    misunderstandings, so we're setting the record straight from the
    beginning.
    
    What is DarkWar?
    DarkWar is a testbed.  Because we want to ensure that intellectual
    property claims are clear, we cannot use an existing engine.  The engine
    for DarkWar will not be groundbreaking, really, it serves mostly as a
    platform to build a codebase and independent set of game data.
    
    It just happens that this testbed will take the form of a multiplayer
    network game and both the engine and its gamedata will be released under
    free software licenses approved by the Open Source Initiative (OSI).
    
    Why the IP Concerns?
    Given that other engines under OSI-approved licenses already exist,
    there seems little reason to create our own engine for DarkWar.  The
    concern we have, though, is that we have to be exceedingly careful how
    and where we reuse our code with someone else's engine.  While very
    large parts of DarkWar's engine will not be reused, some might be, and
    we don't know what parts they will be at present.
    
    What is Neither?
    Neither is a longer-term project.  If DarkWar's engine was to be pretty
    good, but not groundbreaking, it is because we're saving revolutionary
    designs for Neither.  Though Neither's engine will be licensed under an
    OSI-approved license, it is a commercial project.  It is unknown how
    much if any of DarkWar will be reused in whole or in part for Neither.
    
    Neither will be used for a commercially-released game, though the
    DarkWar game data will be re-released for neither under its original
    license.  Other developers and modders are welcome and encouraged to use
    the open sourced engine and data however they like so long as they
    follow the license terms.  Mods based on the commercially-released game
    data would carry restrictions well-known to game modders restricting
    them to non-commercial use and dependency on the commercial game.
    
    Licensing terms would be available which would allow Neither to be used
    without releasing the modified source code.  The pricing for this type
    of license will be extremely aggressive, but probably outside the budget
    of non-commercial mods.  We intend to be compensated for our work.  If
    we cannot learn from the changes some game producer makes to our code,
    then we expect them to pay us enough to buy some hardware for future
    development and use the rest to drown our sorrow at another closed
    source game down at the local pub.
    
    We don't think this is unreasonable, though it does raise certain
    complications.
    
    Neither Development
    Neither's development will largely need to remain closed to outside
    contributions.  Questions of who gets hardware and who goes to the pub
    based on sales of Neither's full game and potential engine licensing are
    already going to be somewhat difficult.  Ideally, there should be an
    even split among developers or at least even according to their
    contributions.  Even so, financial return is a long way off, and the
    costs of commercial sales may eat all income for a good time afterward.
    
    The people developing Neither will be hand-picked at the time the
    development is ready to begin.  Those involved need to be aware of the
    financial issues and probably have to sign some sort of contract to
    ensure that everyone retains rights to their own code and to minimize
    the chance of lawsuits later on if ever there is any money involved with
    the project.
    
    DarkWar Development
    The issue surrounding DarkWar development is primarily related to the
    Copyright.  The ownership of the code must be clear.  Most people will
    not have CVS commit access to the code simply because anyone who wishes
    to contribute needs to be aware of the ownership issue.  If you believe
    that unrolling a pair of simple for loops grants you Copyright claim
    over that file, over DarkWar, and ultimately over Neither if anything
    even close to your code winds up there, that is fine - we just will not
    be accepting your contribution is all.
    
    It is not our intent to claim ownership of others' code.  Rights to any
    significant contribution must remain with the contributor.  We just need
    to reach an agreement as to what those are so that they do not prevent
    us from our future work on Neither.
    
    Thanks goes to Joseph "Knghtbrd" Carter for writing this up for us.