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Original post by RomSteady You cannot legally sell products made with the downloadable Microsoft Visual C++ Toolkit.

This is incorrect.

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msdn Are there any restrictions on how I use the Visual C++ Toolkit? In general, no. You may use the Toolkit to build C++ -based applications, even commercial applications, and you may redistribute those applications in accordance with the terms of the End User License Agreement (EULA).

Of course, if you use .NET 2005 beta, while you get the latest kit (it's pretty nice, got it installed here), you may not distribute your applications for commercial gain.

so u can sell programs maed with DEV CPP is a free application but dont u need to sell the creations for free to then??

just a tought : D.. ps: im not a legall expert lol so dont start to flame if im wrong

Can I sell a program coded using tools on Linux and compiled with what comes with dev-c++ for windows and GCC for Linux?

Just making sure.

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Original post by Four Can I sell a program coded using tools on Linux and compiled with what comes with dev-c++ for windows and GCC for Linux? Just making sure.

Yes.

But how exactly would people find out that your program has been compiled using whatever program? Or do the compilers sign something in the binaries?

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Original post by programwizard Don't you need to own the legal rights (copyright) to any game or program before you sell it, no matter what compiler you made it with? That's what gamedevkit.com says. I just made a game with Visual Studio Enterprise Architect; can I legally sell it?

If you made the game, you already own the copyright. That's not necessarily the same as saying you're allowed to distribute it if your compiler EULA forbids it (although I dunno whether that restriction would ever stand up in court). And if you copied names/graphics/sounds from another program then you're not allowed to distribute those things.

Of course, it's still a good idea to register your game with the copyright office. If you do not register the game, and someone else registers YOUR game in their own name, then the burden of proof is on you to prove that you are indeed the creator of the game and that they copyrighted it illegally. If you make sure to register the game, then the burden of proof is on them if they want to steel it.

Both the academic and standard versions strictly say in their EULA that they are not to be used commercially. In order to install, you had to accept that EULA, meaning you agreed not to use the product to make a profit. In order to sell your game, you would need to purchase Visual Studio Professional or higher. I have had this talk with a Microsoft representative and with my lawyer, both telling me the same thing. After that, I shelled out the $1800 for Enterprise Architect. And yes, the compiler has a signiture that shows which version of the product you used to compile with. The EULA and the compiler signiture will stand up in court.

If you don't have a lawyer (which would have given you this answer), then you probably aren't really serious about selling your games. Relatively speaking, they aren't that expensive, and can help you with copyrights, liability, copyright infringement, etc. If you are serious about selling your product, your next step should be finding an attorney.

If you don't want to shell out the $$ for at least the Professional license, then use a different IDE. If you look around, you can get a Professional license for around $500. Not bad considering that if your game cost $20, you can get your money back by selling 25 copies!!!

IANAL but I'm pretty sure Bill Clinton was.

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Original post by Holy Fuzz Of course, it's still a good idea to register your game with the copyright office. If you do not register the game, and someone else registers YOUR game in their own name, then the burden of proof is on you to prove that you are indeed the creator of the game and that they copyrighted it illegally. If you make sure to register the game, then the burden of proof is on them if they want to steel it.

It's not necessary to get a registered trademark to keep your trademark.

You can get a notarized letter containing your trademarks from a local notary for only about free ~ $25 depending on which notary you use. (Many colleges have notaries that can be used for free by students). That should be enough to prevent use of your trademark. Later, if you get bigger, you may want to register your trademark, although the full process is somewhat expensive and time consuming. Most small to medium size companies don't bother.

Now for Sun's JVM...
(i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs,
You can't sell the JVM alone, if you bundle them with your program, they must be for the purpose of running your code only.

(ii) the Programs add significant and primary functionality to the Software,
Pretty much the same as #1. The primary function of your program must be the Program, not the JVM

(iii) you do not distribute additional software intended to replace any component(s) of the Software,
No extending the JVM.

(iv) you do not remove or alter any proprietary legends or notices contained in the Software,
Do not remove any of Sun's legal noticies.

(v) you only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and
Your program's license cannot imply a modification to Sun's license.

(vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
If your program or Sun's JVM screws up a client's machine, it's your fault.

Follow the EULA and you're 100% free to distribute your Java programs using Sun's JVM. If you use a different VM, you'll have to look at that license.

As for Visual Studio, there are a lot of little gotcha's in the EULA, including the inability to make a MSWord clone. There's nothing in the EULA to prevent games, but you may want to look through it to see if it prevents you from making any of the 'programs' you're planning. (Or hire a lawyer to do it).