Here are some quotes from RMWeb staff members. Since the site is monitored by Degica staff members, they more or less have the final say.
Here's a link to the discussion:http://forums.rpgmakerweb.com/index.php?/t...ces/#entry35558
You can freely download the RTP - whether you bought the program or not. You can't download other resource packs (ie Samurai Pack) for free.
The reason why edits of resource packs aren't allowed is basically because we don't want people to try and bypass the "do not redistribute" rule by applying a slight hue change. It's not fair to the people who actually purchased the pack and it's not fair to EB!/Degica. So, it's not an issue of whether edits are allowed, but rather of discouraging piracy.
Basically, you must legally own VX to use the VX RTP, likewise for Ace and XP. If you own both Ace and VX, you can use both RTPs in either maker.
So if someone grabbed those recoloured trees, they'd still need to own VX to use them.
Basically, edited versions of the RTP are not allowed to be distributed, unless they no longer represent the original product, although people tend to do this anyways. If the sprites and whatnot were made from scratch, then I don't see the problem, but my opinion doesn't matter much in the grand scheme of things, since EB! will have the final say. But if the sprites are mere edits (small minor edits or recolors), EB! still claims ownership (to some degree) and requires that you own the maker for the RTP those sprites were designed with, and I'm guessing using those sprites (unless made from scratch or heavily edited) in other programs not affiliated with EB! (ie., not RM or IGM), then it would be against their EULA.
However, here is another bit of interesting topic from one of their own Admins, in regards to the "legality" of altering the game.exe icon, as it appears to also be a violation of the EULA. Apparently EB responded back to a mod that hacking the Game.exe to change the icon was a violation of the EULA, but they were aware people do it.http://forums.rpgmakerweb.com/index.php?/t...__20#entry41534
And a couple of quotes from said Admin:
Shaz, on 07 August 2012 - 03:15 PM, said:
Here is the official (translated) response from Enterbrain:
Enterbrain does not condone hacking Game.exe to change the Icon,
however they are aware that users are often doing it.
The best solution would be to work with a shortcut to the Game.exe
which name and icon you can set to whatever you like.
So ... if you want to be entirely legal, use their suggestion and create a shortcut with the icon you choose. If you really want to change the .exe's icon, at least you know that they don't like you doing it (and it is likely a breach of terms), but as they're aware people are doing it and they've not taken action about it, there probably won't be any repercussions.
The Admin responded back:
"Legal" is the wrong word. Don't confuse legality with abiding by a EULA. A company can put whatever they want into a EULA, that doesn't mean it will hold up when/if challenged in court. A EULA does not constitute legislation.
Pegasus, on 07 August 2012 - 03:37 PM, said:
Thanks Shaz for the infos. Small startup companies won't probably be bothered by E! for this matter. I believe repercussion if ever there will be one some day, will concern the more successful companies that have been selling games for some years since they would probably be a more suitable candidate for a lawsuit. But still, this is too far thinking......but as we say, nothing is certain...
The Admin responded back:
There would never be any repercussion. It's just not worth it from a monetary or PR perspective.
Take this however way you want, but the general consensus is:
1. Breaking the EULA is more like breaching a contract, but not necessarily illegal. Only the courts can deem whether something is legal or not, and there's no guarantee the EULA would stand up.
2. People do tend to break the EULA for small things, and EB is aware of it. They don't condone the action, but they aren't really doing anything to stop it, either.
3. They do own (or believe they own) the rights to resources that are slightly modified or recolored.
4. It's against the EULA to use said resources that they own in programs not associated with EB.
5. People do use those resources in other programs, but usually for non-profit games.
6. EB really doesn't have the drive to go after small violations or non-profit violations because there is no money in it.
It's up to you to decide what to do or not. Generally speaking, if you're not sure, you can ask the staff over at RMWeb. If you're game isn't commercial, I wouldn't worry about it so much. If it is, you'll need to decide whether or not they can stake claim to the resources you are using and if so then whether or not it's worth the time, effort, and potential lawsuit (if there ever is one) to break their EULA.