Regarding asking permissions to use content from another mod

[desmond5]

This post is mostly regarding the following rule in the terms of service of Nexus Mods:

• "All files uploaded must have been created by the uploader or used with permission from the original author of the content. Such permission must be indicated in the Readme text attached to the file and/or on the Description page (or in the Description field for images), and must be obtained in advance, before uploading the file. If you cannot provide proof of consent then your file will be removed and your account is likely to be banned."

I get the idea behind it, but I have never fully understood the logic behind the strict rules to fully require original author's permission for every modification you make to his/her work. This basically says that after the original mod author leaves the modding community (and doesn't explicitly publicly state that his work in now open source), the mod is dead.

 

E.g. I'm very puzzled when I read these posts in someone's walls: "Hey, I created a compatibility patch for your mod, can I get your permission to upload it?". Or something similar. You're lucky if the mod author replies (is still active). But sometimes you can stumble an a good but somewhat abandoned mod, which could be improved by someone else, but you cannot, because the user is no longer active. I don't think most mod authors are lifelong modders, so they will come, create their content, and leave to greener grasses at one point. This is especially absurd if the mod doesn't even contain any original content (e.g. only uses vanilla game's assets).

 

I understand that people want recognition for their work and do not want their work stolen, but there are far better ways to achieve this. This kind of thing is actually one of the key motivations behind the whole open source movement and GPL licence.

 

I do understand however that some people do not want some of their original content redistributed (e.g. voice acting), then in that case a rule could be that original content cannot be redistributed but the enhancement has to be in form of a patch.

 

So what I would do is that I would add another parameter to a mod - Licence and somewhat reward mod authors (bring them more our or something) that release their mods under a GPL (or similar, e.g. Nexus Open Mod License or something) license model. Or just bluntly state that from now on, all mods uploaded follow a new license model.

It's even more ridiculous that while many modders are so eager to deny anyone permissions to use/enhance their content, at the same time they totally forget about this rule:

• Do not solicit (ask for) ratings, endorsements or file of the month votes either for your own mods or for mods created by other Nexus members within your file/image description.

Edited October 13, 2014 by desmond5

[Thandal]

Several different items here: addressed individually.

 

This post is mostly regarding the following rule in the terms of service of Nexus Mods:

• "All files uploaded must have been created by the uploader or used with permission from the original author of the content. Such permission must be indicated in the Readme text attached to the file and/or on the Description page (or in the Description field for images), and must be obtained in advance, before uploading the file. If you cannot provide proof of consent then your file will be removed and your account is likely to be banned."

... This basically says that after the original mod author leaves the modding community (and doesn't explicitly publicly state that his work in now open source), the mod is dead.

 

Yes, it says, "You may not use someone else's material without permission". Period.

 

The ToS on this subject are clear, have been the same for years, and are quite unlikely to change. As with any other creative work a mod author is under no obligation to "support" it after its publication, and doesn't lose rights to it just for that reason

 

(Although the mod isn't "dead", it's just "not current." Some players may appreciate still being able to obtain it anyway.)

 

 

So what I would do is that I would add another parameter to a mod - Licence and somewhat reward mod authors (bring them more our or something) that release their mods under a GPL (or similar, e.g. Nexus Open Mod License or something) license model. Or just bluntly state that from now on, all mods uploaded follow a new license model.

 

 

This option already exists within the "Credits and Permissions" section of the upload area. If authors don't want to select it, that's their choice. See below:

 

Distribution Permissions

 

WHAT CAN USERS DO WITH YOUR FILE?

We take file author permissions very seriously and try our hardest to protect file authors from having their content stolen or used without permission. Setting the correct distribution permissions lets other mod makers know how you would like your files to be used, if at all, and allows the staff of the site to properly investigate claims of stolen resources should they arise.

If you change these settings then the date and time of the change will be logged. You cannot allow other mod authors to modify or use your resources and then change your mind and expect them to remove your content from their work. As such; if someone releases a file using some of your content before you change your distribution permissions then the staff here will always rule in favour of the person who used your resources as you gave your permission before changing your mind.

 

One of the (several) specifc permissions an author can set addresses this issue directly:

 

Users can modify my file; including releasing bug fixes or improving on the features my file adds to the game, and upload it as a separate file

 

With one of the possible settings being:

Yes, no credit or permission needed.

(The other obvious alternatives also being selectable.)

 

 

Your last remark deals with something else altogether:

 

... It's even more ridiculous that while many modders are so eager to deny anyone permissions to use/enhance their content, at the same time they totally forget about this rule:

• Do not solicit (ask for) ratings, endorsements or file of the month votes either for your own mods or for mods created by other Nexus members within your file/image description.

 

 

This has nothing to do with mod permissions. If you see solicitations for endorsements, use the "Report" button and let the Staff handle it directly with the author involved. :armscrossed:

 

In closing, I notice that you are not a mod author. Perhaps you would have a better understanding of how the Nexus handles these issues and why it works the way it does if you were to create and release a mod yourself.

[bben46]

A patch for an abandoned mod can be uploaded - as long as the patch still requires the unchanged original mod as uploaded by the original author. That means you cannot just take their mod make changes to that mod, and then upload it - not even if you 'give credit'. There are plenty of examples of this on the Nexus. The Unofficial patches are likely the best known example of doing this - they do not change the original at all, but they add fixes to problems through a patch that requires the original to be loaded first.

 

I still recommend trying to get the original authors blessing first though as there have been a few still active authors that objected to some patches based on the patch would be broken by their next update of the original mod.

[Lisnpuppy]

What they said above, but I would like to add something.

 

When an author uploads their work here they have an expectation to have that work protected. We want authors to upload there work and feel confident that The Nexus will protect this work, regardless of how long they are here or how long the work is here. We have agreed to that so authors will share their work.

 

Though there are some issues with "patches" we have been working toward more clarification for the users and the authors so that their wishes can be explicitly known by users and modders who wish to use their work for these patches and add-ons, etc. Obviously some do not care, others want more control and protection of their mod assets and intent.

 

I would advise like Ben, try to talk to the authors and get their blessings. You would be surprised how many will agree once they speak with you and see what you want to do. This will also get you some "street cred" if you will (lol) with the authors and the wider community. Being respectful to others, even if what you wish to do is still technically within the rules, can go a long, long way.

 

Good luck.