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Is this legal?


Kalizar

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I'm just wondering if it would be completely legal to do this.

 

I'm working on a mod for Fallout: New Vegas, and might get to posting it on the nexus in the future. I'm trying to do it with a retextured Trog, but there are no textures for the trogs in Fallout: New Vegas to work with! So, the question is, can I retexture one from Fallout 3 and would that be legal? Seeing as if I retextured the trog and posted it on Fallout 3 Nexus I wouldn't have to ask this question, I'm assuming so, but I'm just going to make sure just in case.

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It is not legal to use any assets from Fallout 3, Fallout 3 DLCs or any other game for a mod intended for New Vegas.

 

No textures, no models (nifs), no animations, nothing that was built for another game at all. This is to protect Bethesda and is their rule.

 

Technically, even posting New Vegas assets that you have altered isn't legal, but Bethesda allows it because it is so useful to us and their legal risk is minimal.

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Technically, even posting New Vegas assets that you have altered isn't legal, but Bethesda allows it because it is so useful to us and their legal risk is minimal.

 

 

So, does this mean I can use the assets if I edit them?

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I'm pretty sure that's how most LEGAL texture replacers work. If what I'm trying to do is illegal, wouldn't http://fallout3nexus.com/downloads/file.php?id=188]this mod[/url] be considered illegal as well? I mean, wouldn't every single texture replacer be considered "Redistribution of copyrighted material" if, as you said, it wouldn't be enough justification to alter a texture in order to upload it legally? Seriously, what's really the difference between retexturing a trog and uploading it on NewVegasNexus as opposed to Fallout3Nexus? Sure, it would be out-of-context if I was trying to upload a Fallout 3 mod, but wouldn't it still be uploading copyrighted, "Illegal" material whether or not for use in Fallout 3 or New Vegas? I'm not planning on uploading such, but it really doesn't make sense that I can't do a retexture and upload it on one site as opposed to another site, packaged into one model instead of another model, and assigned to one object ID instead of another object ID in one .esp instead of another .esp.
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Potential alternative:

 

Look up the 'Spore Carrier' creature entry in the GECK for New Vegas, they use what appears to be the Trog model (albeit an altered one) that might be a suitable replacement.

 

This is what the Spore Carriers look like.Their ID in the GECK is CRSporeCarrierFD (some end in FU).

http://tangentgirls.com/gallery/d/10972-2/Geck+2010-10-31+18-56-58-86.png

 

Might need some work to get working (depending on what you've done) but it's an option.

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Using content from another game is not allowed, however, if said content is already in the game, then Bethesda does not mind. Because there is no Trog texture in NV, it would be ILLEGAL to use the texture in NV. If all the assets were there in NV but just unused like a lot of other assets, then yes, it would be fine because the files came packaged with the game.

 

IE: 90% of Mothership Zeta models are included with NV, though 89.99% of them are not even in the actual game.

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Kalizar, the point you're confused on is that it's distributing unauthorized copyrighted material that is potentially illegal. Bethesda gives permission* for modders to distribute derivative work based on copyrighted game content for the purpose of mods for that game only. They have specifically stated that original assets from any one of their games is not to be used in another.

 

In other words, it's the permission of the copyright holder that makes those uses of the work legal or not.

 

Does that make the difference clear?

 

 

 

* I haven't personally seen an official statement from Bethesda to this effect, but it's fairly obvious due their awareness and support of the modding communities surrounding their games, and also their exception of asset use between games, which proves the rule. If there's a specific statement from Bethesda staff somewhere, please let me know.

Edited by HugePinball
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