BLOG PIECE: Modding as a hobby versus modding as a career, and the position of the Nexus

[RoyBatterian]

In response to post #23607584. #23645249, #23647084, #23650264, #23653244 are all replies on the same post.

My point stands, any company which is in the sole position to turn a profit is under no obligation to give us any rights and they can indeed enforce what is in either EULA. Until Beth/Zenimax and a Lawyer explains exactly what rights you have, then it is safe to assume you have none.

Just because they've been nice to some modders hardly means that that won't bring the hammer down should they see fit to do so.

I won't take anyone's word for it, as there is no legal standing to back up an opinion. I urge others to err on the side of caution as well.

[khmp]

In response to post #23660344. #23661704 is also a reply to the same post.

@DragonOpzZ: Irony?

I may be possibly misunderstanding his point, so forgive the following if that's the case. I believe he is trying to say that technical modifications may get lost in the shuffle. Items that are not necessarily providing content themselves but provide backend support to enable other features.

Personally I think that if something such as SKSE were to become released and subsequently monetized. It would stand to reason that it would need a demo to showcase the work in action. Something tangible for consumers but also generating a working example to hopefully foster support from other modders that would then build around it.

[Arthmoor]

In response to post #23607584. #23645249, #23647084, #23650264, #23653244, #23663254 are all replies on the same post.

You don't need to trust the opinion of Random User A. Just read the EULA. It says what it says, and it doesn't say "you forfeit all rights for eternity and we own your ass" anywhere in it. Its' really that simple.

[RoyBatterian]

It does say so in more than one section.

 

Excerpts:

 

OWNERSHIP. LICENSOR retains all right, title and interest to this Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights.

 

THE SOFTWARE UTILITIES, IF ANY.

If the Software makes available, as a separate downloadable installer, a level editor or other similar type tools, assets and other materials (the “Software Utilities”) that permit you to construct or customize new game levels and other related game materials for personal use in connection with the Software (“Customized Game Materials”), then in the event you access such Software Utilities, the use of the Software Utilities is subject to the following additional terms, conditions and restrictions:

(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;
(d) Customized Game Materials shall not contain modifications to any other executable files;
(e) Customized Game Materials must be used alone and can be created if the Customized Game Materials will be used exclusively in combination with the commercially released retail version of the Software.
(f) Customized Game Materials cannot contain libelous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party, or contain any trademarks, copyright-protected work or other property of third parties (without a valid license); and
(g) All Customized Game Materials must contain the proper credits to the authors of the Customized Game Materials and must indicate that LICENSOR is not the author of the Customized Game Materials with additional language that “THIS MATERIAL IS NOT MADE, GUARANTEED OR SUPPORTED BY THE PUBLISHER OF THE SOFTWARE OR ITS AFFILIATES.”

 

End Excerpt.

 

I don't see how you can possibly misinterpret this. It is not "boiler plate" as you put it before, but quite specific.

 

It may NOT be the same for CKIT and Skyrim as I've said already in our previous discussion, but it is quite clear for both Fallout games.

 

I'm not sure why this argument needs to be brought up again either.

Edited March 22, 2015 by RoyBatterian

[Dragonfire12]

In response to post #23644599. #23646929, #23648494, #23650844, #23650964, #23651009, #23651369, #23652049, #23654544, #23661549 are all replies on the same post.

"Blaming a "community" only encourages hostility from the group that feels they are being blamed for things they didnt do as individuals."

You do realize this could say this about Nazi Germany.

First they came for the Socialists, and I did not speak out—
Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out—
Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out—
Because I was not a Jew.
Then they came for me—and there was no one left to speak for me.
Martin Niemoller

when a community becomes corrupt, the pure of heart are just as guilty, because they did not oppose the corruption.

So with Piracy; people who claim not to be pirates, oppose laws that would punish pirates and show themselves to be just as corrupt.

[Dragonfire12]

In response to post #23660344. #23661704, #23663804 are all replies on the same post.

Lets eat grandma!

opps, try again...

Lets eat, grandma!

Proof that good grammar saves lives.

[silvericed]

In response to post #23660344. #23661704, #23663804, #23665389 are all replies on the same post.

@DragonOpsZ, oh really
@Dragonfire12, are you a troll or just an ogre?
 
@khmp, yeah, that's my point
Edited March 22, 2015 by silvericed

[Arthmoor]

In response to post #23665029.

Simple. You're quoting the EULA for the game. That text you quoted is boilerplate for nearly every game ever made, almost word for word even.

Modding is beholden to the EULA that comes with the CK.

http://www.creationkit.com/Eula

Relevant section:

You are only permitted to distribute the New Materials, without charge (i.e., on a strictly non-commercial basis), to other authorized users who have purchased the Product, solely for use with such users’ own authorized copies of such Product and in accordance with and subject to the terms and conditions of this Agreement and all applicable laws. If You distribute or otherwise make available New Materials, You automatically grant to Bethesda Softworks the irrevocable, perpetual, royalty free, sublicensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the New Materials (or any part of the New Materials) in any way Bethesda Softworks, or its respective designee(s), sees fit.

Nowhere does this say "we own it, you're screwed". It more or less says "you own it, but we can use it without paying you for it if we want", which is a decidedly different thing.

This same EULA for the CK also applies to GECK, the Oblivion CS, and the Morrowind CS. The language literally has not changed in 15 years.

As for why this argument needed to be brought up, it wasn't me who did that. I am merely responding to things that are being said. Things which are erroneous and need to be corrected.

[Thandal]

 

In response to post #23665029.

Simple. You're quoting the EULA for the game. That text you quoted is boilerplate for nearly every game ever made, almost word for word even.

 

Modding is beholden to the EULA that comes with the CK.

 

 

Arthmoor is exactly correct. For (most) BethSoft games, this section of the EULA is what makes it alright to use their games' materials in mods.

This is the "permission" that they, as the rights holder, grant to modders.

 

It does, however, mean that BethSoft can do whatever they want with it without asking you!

 

What they can't do is prevent you from using, reproducing, modifying, adapting, performing, displaying, distributing and otherwise exploiting and/or disposing of it. You just can't charge for it. (They can. :laugh: )

[RoyBatterian]

In response to post #23665029. #23665619 is also a reply to the same post.

Where is the difference? That's exactly what I said, they can take whatever you make and distribute. They can sell it, use it, do whatever they like with it and you as an author, have no legal standing to get paid or even be credited. That also means that you can not sublicense the material to someone else for use in a "paid for" product or sell it yourself under any circumstances.

So what is this discussion about again?