Hello, let's say I create a freeware game which uses models, textures, etc. I found on the web. If they are free to use for non-commercial games, am I still allowed to take donations for this game (anyone could download a game for free)? I have the same question in regard to, say, Novodex Physics API. It is available free for non-commercial use, but does that mean that if my project used Novodex (not that it will), I wouldn't be allowed to take donations?

If someone pays you then the product is commercial. It doesn't matter if you try to obfuscate the fact by calling it a donation. So the answer is no, you can't accept donations.

Ok thanks for an answer.
What I don't understand, though, is this - NeHe, for example, used to take donations for his freely-available tutorials and other content of the site. Does this make his tutorials "commercial", because you CAN pay for them IF you want?

I disagree with Obscure. The product is commercial if you set a price on it. But if you give it away for free while asking for donations that's not at all commercial. So long as visitors are free to choose how much the want to donate (or not). This kind of set up isn't obfusction. A church that gives away free meals can ask for donations without becoming a restaurant.

Another alternative is if you have a non-profit entity that is collecting the funds, and the non-profit entity is legal in its jurisdiction. You are in slovenia, according you your post info, so the law there might be different to qualify to be a non-profit, but here in California, you trip over the non profits on you way to Starbucks. A lot of people have done it just to give themselves a job with a salary in hard times for corporations, and the fact innovation just isn't jamming these days in a lot of SIC's.

Quote: Original post by LessBread
I disagree with Obscure. The product is commercial if you set a price on it. But if you give it away for free while asking for donations that's not at all commercial. So long as visitors are free to choose how much the want to donate (or not). This kind of set up isn't obfusction. A church that gives away free meals can ask for donations without becoming a restaurant.

The church is legally set up to do so, though. That could be an important difference. I'm not a lawyer, though.

I'm in agreement with LessBread about being in disagreement with Obscure - I don't think that donations will make the product commercial, so long as the product is clearly and easily available for free in all places where it is offered. The manner in which donations are requested could also be a factor...

However, I do also know that Obscure tends to know a lot more than I do about such things, so I wouldn't discount what he says just because a couple of us think he is wrong!

Can you ask for donatios in general, not for the game, but for yourself? Is that ok?

You know, like: Give me some cash so I can feed my kids :)

One thing I'd be wary about with that is where you place the request for donations - having any kind of donate area within the game itself could be a major no-no.

If in doubt, ask the copyright holders. It's up to them, after all.