No, I didn't mean as payment for OpenOOTF, but as an unrelated donation to help cover the expenses.My assumption was to make this project completly free in 100% and I'm aware of copyright infrigments:) Even when we change name it will be still similar to Drakan so I cannot accept money.
You know, such as how that homeless man recently donated 2 brand new BMW's to the church
Also, although I'm no expert on this, but I'd think that as long as the original OOTF files are required to run OpenOOTF (and not distributed as part of OpenOOTF!), and the original developers are appropriately credited, then it effectively falls into the category of a graphical mod with some extra fan created content, so it wouldn't raise any issues with IP rights that way.
For an example of what I mean, take a look at "The Nameless Mod":
They utilized the Deus Ex engine (Unreal Engine) and a lot of the game's assets, to create an altogether different fan-made game (with a story totally unrelated to Deus Ex).
Averted the copyright issues by distributing it as a free mod for Deus Ex - meaning it required owning Deus Ex in order to function.
OpenOOTF is pretty much a reversal of the above situation - you're recreating the game's content in a different engine - but most of the above should still apply.
AFAIK, the root of the problem lies in distributing the IP belonging to someone else, depriving them of their rightful profits. In this case, the relevant IP would be primarily the characters' designs, and the story.
Also, the doctrine of "fair use" cannot be applied in this particular case, at least not as far as I understand it.
I can't really see any other ways around it, aside from the following:
- Release OpenOOTF as a "graphical mod", requiring a full installation of OOTF to work at all;
- Get permission from the copyright owners to release it as a free, standalone fan-made game (unlikely?);
- Hack away at it until nothing recognizeable remains of the Drakan characters and story. The problem is, that you then necessarily have what is effectively a brand new game, rendering the original purpose moot.