SHARE THE WEALTH

[BadPenney]

This may get me banned merely for asking, but it is worth it to me.

 

It occurs to me that I, like many of you modders, have spent a great deal of time and money making mods under various pseudonyms and had a great deal of fun, but only spent money to do it, sometimes a lot. That was my choice and I am not complaining about that. However, I have only spent and never earned, because I am not allowed to capitalize on the intellectual property rights of Bethesda Softworks, Inc. I signed the agreement, no problem with that, I knew what I was doing and did it while sober and under no duress. But now people are asking me to make a mod for F:NV because they liked the one that I made for Fallout 3 called Return to Shady Sands. I would love to, but I can't afford to now. There are many modders who have made mods for FO3 that are superior to mine in my estimation in many ways, and the money that they have spent in pursuit of making those mods is far greater than I have spent as well. Although some have made a bit of their money back probably, we are all restricted by the same ban on selling our mods. Only Bethesda has earned money from our mods, and that may be legal, but it isn't fair.

 

Morrowind, Oblivion, and Fallout 3 are still selling and earning money for you guys and you know damn well it is because of us, but you won't share. I had time to make R2SS because I was UB40 and had plenty of time. Now I am working and struggling to pay my bills so I have no time to indulge in my "hobby". I say that in quotations because, although even I disagree, some people have posted comments expressing that my mod is superior to every DLC that they played. It has 14,630 unique downloads, which at even $5.00 USD would amount to $73,150 USD and not take a penny away from BSI. That is satisfactory compensation for the 5 months that I spent making R2SS. It would even allow me to pay the people who help me, and I would love to do that, but not only am I not allowed to earn any money, BSI is more than happy to punish me for earning them money and take me to court to get any money that I have made for myself. What is wrong with this picture guys? Sounds like "the Golden Rule" to me: HE WHO HAS THE GOLD, MAKES THE RULES.

 

Even though Microsoft was forced to relent enough intellectual property rights to Windows and Explorer, so that other companies could profit along with them, it took millions of pounds and the EU to get them to do the right thing. I can't outspend you, but I don't have to earn money for you. either. The only way that I can earn money from my skills is by becoming your competitor, which my son, daughter and I are in the process of doing right now. When my first game comes out it will be far inferior to FNV, but I fully plan to allow modders of the caliber of Kai Hojiro and Skree and AlienSlof to earn money by modding it, if they choose to and keep every last BadPenney that they earn. I think by the time they are through with their mods it will be the hottest game on the planet.

 

In effect, my goal is to put you out of business, Bethesda Software Inc., unless you relent and allow me to feed my children and not have my wife tell me I suck for earning you money for free. I had to admit to her, she had a good point.

 

Not only will I not agree to download and use the new GECK, I am returning my unopened copy of FNV (haven't had time to even play it) and refuse to earn you anything. I encourage everyone to do the same.

 

THIS TOPIC IS NOT EVEN OPEN FOR DISCUSSION ON THE OFFICIAL FORUM.

[Quetzlsacatanango]

Don't sell your mods, sell your time.

[BadPenney]

Don't sell your mods, sell your time.

How do you mean?

[Interfer0]

I wonder if you created a mod, and had the install instructions and readme on an HTML webpage, and then added advertisements to that page if you would be breaking the ToS.

 

Or perhaps had a installer for your mod, and the only way to install your mod is with the installer that you must purchase. This installer uses no Beth resources, you would even need to input your own game path. I think this would bypass the ToS.

[Interfer0]

Thats how WoW gold farmers attempt to justify their business. You aren't purchasing the gold. You are purchasing the time spent on acquiring the gold. Its an idea that has been around since long before WoW. I don't know that it has ever stood up in court.

[BadPenney]

I wonder if you created a mod, and had the install instructions and readme on an HTML webpage, and then added advertisements to that page if you would be breaking the ToS.

 

Or perhaps had a installer for your mod, and the only way to install your mod is with the installer that you must purchase. This installer uses no Beth resources, you would even need to input your own game path. I think this would bypass the ToS.

I don't want to be a thief, just a professional. Neither do I want to inhibit the free trade of mods, other than my own. You will still have the right to allow your own mods of my game to be downloaded for free. I will not provide a platform for mods, though, just no barriers to you getting rich along with me if you choose to do that.

 

Maybe Dark0ne will provide a platform for them. I would like to allow him to earn from my game as well, that is, if he doesn't ban me for life first! lol

[LadyMilla]

Read the EULA, it's all there:

 

"(a) All Customized Game Materials created by you are exclusively owned by LICENSOR and/or its licensors (as the case may be) and you hereby transfer, assign and convey to LICENSOR all right, title and interest in and to the Customized Game Materials and LICENSOR and its permitted licensors may use any Customized Game Materials made publicly available to you for any purpose whatsoever, including but not limited to for purposes of advertising and promoting the Software;

 

(b) You will not use or permit third parties to use the Software Utilities and the Customized Game Materials created by you for any commercial purposes, including but not limited to distributing, leasing, licensing, renting, selling, or otherwise exploiting, transferring or assigning the ownership of such Customized Game Materials;

 

© Customized Game Materials must be distributed solely for free;"

 

This means whatever you create will be automatically the property of Bethesda/ZeniMax Media (the Licensor). End of story.

[Interfer0]

I think the website readme and putting ads on the site would be acceptable. I don't see how that would break the EULA. It is not a game material. Though its not a huge money maker either.

[Quetzlsacatanango]

By that I mean, I have this mod idea, but what with my day job and family and all, I really don't have time to make it. Perhaps with your generous paypal donations, I will be able to make the time to realize my grand vision. Of course it will be posted on Nexus for all when I am finished, I wouldn't dream of violating any EULAs or whatnot by selling a mod.

[BadPenney]

This means whatever you create will be automatically the property of Bethesda/ZeniMax Media (the Licensor). End of story.

Thank you. I realize what it says. I also remember how Microsoft said "End of Story" yet the story goes on, doesn't it?

 

All I have to do is not create such a EULA for my game to bypass those rules, right? No one can force my hand if I'm not using their resources, can they? No Gamebryo Engine rules to hassle with either.

 

As I said, my game WILL be far inferior when it is finally released. But after that, who you gonna call? Me? or Them?

 

BTW, my one and only mod as BadPenney (Return to Shady Sands) I have deleted from the file library on Nexus, but if you have a copy now it is yours to use as a modder's resource. That is only my own material, of course. I only retain enough rights to use them myself. You may even re-upload it unchanged to Nexus if you wish (with Robin's permission, of course) without any mention of my name. You don't really think it is BadPenney do you? lol