[MUD-Dev2] [BIZ] Unauthorised Publishing of My Work

[mud-dev-list at jaruzel.com]

Hi all,

I've got a slight problem, and before I go rushing off to a solicitor, I
thought I'd confer with you fellows as to what my options might be,
being that most of you have published MMOG/MUD content containing IP
created by you.

I am the author of MUD32, which can be found at
http://www.Jaruzel.com/MUD32 . Although it isn't great, and has some
serious design flaws, I am quite proud of it. I coded it from scratch on
and off over several years as a hobbyist project. I created an online
presence for it a few years back, to see if anyone would be interested
in it. After a fair bit of [suprising] activity, I eventually caved to
forum pressure and released the source code (bad code that it is...). As
you can see on the website, I cited it as 'freeware' and 'open source'.
I also state on the download page that I *must* be credited on the logon
screen of every implementation. I did not create a boilerplate licence,
because at the time, I didn't really believe that anyone would be
interested in it. Well, I know better now, I guess.

My problem is that it has been included on a cover CD for a book that
has been published in Australia, entitled 'Build your own Games'. ( The
book is not available outside Australia, I had to obtain a copy via
ebay: http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=170056650743
). Inside the book are screenshots of MUD32, and a 10 page tutorial
(written by the books author).

I was never contacted by the author of the book prior to its
publication. I only found out about it when a reader contacted me
directly for help. As the book was sold in the shops in Australia and
has a clear cover price on it, I assume that the author was paid for his
efforts by the publisher. As such I believe that he has illegally
profited from my work.

Without a clear usage licence, I am unsure where I stand? Is this
something I can or should challenge legally?

Thanks,

-Matt.