Hmm... I think the terminology you are using is slightly flawed. DelphiX is open source[size=9px](he released his source with the package, it's open and free to you to modify and use as you see fit)[/size], however it is not released under any kind of standard GPL, but rather a small clause in the documentation of his distribution package.

Just going over the latest DelphiX release ReadMe.txt file, it reads exactly under 'TERMS OF USE';

Every part of DelphiX is Copyright (C) 1999 Hiroyuki Hori but you are licensed to use DelphiX to create software; DelphiX is freeware. Any software created using DelphiX may be distributed without fee to the author.

You may not, however, distribute anything contained in the DXHeader folder, the FFEffects folder, or the Samples folder.

The author of DelphiX assumes no liability for damages caused under any circumstances whatsoever, and is under no obligation. Use of the software indicates acceptance of all conditions contained in this document. If you do not agree to these terms, you must delete this software immediately.

You may distribute the archive in which DelphiX is distributed, but under no circumstances must this archive be changed. Distributing a modified archive is a violation of the software license.
Now as you can see from reading this, clearly the UnDelphi releases have been violating these rules a bit, but have been doing so for a while now. How serious Mr. Hori takes this is unknown, he sort of disappeared some time ago...

However, there some steps can be made to be safe and legitimize the future releases for the UnDelphiX distributions to prevent complications.


Lets take a look at the rules that are actually being broken:

Paragraph #2) He clearly states which folders of sourceyou may not redistribute. DXHeader, FFEffects, and Samples. Do not distribute any of these files and make replacements for ones you will still need and you have complied with this rule. New demos and Force Feedback effects will have to be made. The DXHeader folder no longer exists so nothing else needed there.

Paragraph #4) This one is a bit tricky to work around, but if all the source files are modified and reworked enough to be considered completely new sources then I guess it qualifies. This one is always sketchy considering that people reuse code form other places all the time. How many ways can you display "Hello World!" in a DOS text mode?


Well all this has not been a problem for so long, heck even a few commercial games have made and sold using a modified version of the original DelphiX sources. I think he put those rules in with the idea that he was still working on it. And in essence Jaro and others before him have been making new software packages from the DelphiX source and releasing those. I know, that one is kinda sketchy, but I beleive that it's still within the spirit of the rules as he meant them.

If all else fails and this does not work to comply with his clause then you could always get permission from him to continue the project yourself. Failing that... there is always "Innocent until proven guilty" :lol: