OK, I guess we have to dissect this answer a bit... I'll try to explain
that legal stuff (and hope I get it right...)
> >>> 1. Does the readme.txt give us any indication on what license the data
> >>> was released under, ie. does "as is with no guarantees" give us any
> >>> permissions (like an implicit "with no restrictions", since they don't
> >>> mention any)?
>
> The language itself may not confer an express license, but the conduct
> associated therewith may confer an implied license. Further, if you or
means: though there was no express license for the data we are
implicitly allowed to use it.
> others have put the copyright holder on notice of your use and they do
> nothing to object to that use, you may also claim laches and equitable
> estoppel against them to prevent them from asserting their claims
> against you for the use you identified to them.
means: In the case of a lawsuit against us we can say "Hey, you _knew_
we were using the data without doing anything against it, so now you
can't claim damages (Schadensersatz)". They might still prohibit us from
using the data further. (Just generally speaking, not specific on our
case.)
> >>> 2. Is there a way to legally distribute the game data without further
> >>> word from the copyright holders?
>
> The best course of action is to probably tell your licensees what the
> facts are:
>
> (1) The source code has been licensed under the GPL;
> (2) Other aspects of the program have been released for free to the
> community under terms that imply the right to modify and redistribute;
> (3) Attempts to clarify the licensing of those other portions have been
> to no avail because the copyright holder has not responded to express
> requests for clarification.
>
> ... and not draw a legal conclusions. You could include something along
> these lines with supporting references in the license file or copyright
> notice.
So we should make a LICENSE.TXT with that until the situation is solved.
> >>> 3. How can we best ensure that the possible legal ambiguity of the
> >>> license does not threaten or opens up to lawsuits on the project and
> >>> anyone who distributes our builds of the game?
>
> Attempting to contact the copyright holder in a documented fashion is
> one excellent step to take. If you've done a good faith analysis of the
> situation and attempted to ensure you are complying with the copyright
> holder's wishes, that goes a long way towards mitigating your and your
> licensees potential exposure for any legal action.
This is very general again, as we are not facing a lawsuit.
--
The best you get is an even break.
-- Franklin Adams
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