Do You Think the Delayed Creation Kit Will Have a Long Term Negative Effect on Modding?

[Boombro]

Well, it does have this "© Customized Game Materials must be distributed solely for free;" but I know bat s#*! about law. What do you think Waldo?

[Klipperken]

To me this would mean that any paid content (mods or other alterations) makers are prone for being sued.

[WursWaldo]

Well, it does have this "© Customized Game Materials must be distributed solely for free;" but I know bat s*** about law. What do you think Waldo?

 

One of my friends on SmithMicro explained this to me. We talked on Skype and he broke it down for me section by section and linked me to the legal definitions. It was confusing for me but he understood what the license says. This is what he showed me:

 

Look for THE SOFTWARE UTILITIES, IF ANY. That is the license for the FO4 CK.

At the end of the first paragraph it says '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'. That means the terms only apply to users, not Bethesda.

 

( a ) All Customized Game Materials created by you are exclusively owned by LICENSOR

Bethesda is the Licensor and that means Bethesda owns anything made with the CK; 'the Customized Game Materials'. Note they do not say what 'Customized Game Materials' entails, only that they own it. All of it.

 

( c ) Customized Game Materials must be distributed solely for free

So at the end of the first paragraph where they say 'the use of the Software Utilities is subject to the following additional terms, conditions and restrictions' that means users cannot sell mods since the terms only apply to users. Bethesda as the Licensor is not subject to the license. They can charge for mods.

 

In totality the CK portion of the license says Bethesda owns anything made with their CK and they can dispose of it as they see fit. They can use it for advertisement, sell it, or transfer ownership to a third party. It doesn't state anywhere they have to pay modders and like it or not there is nothing anyone who uses their CK can do about it. That starts as soon as users have access to it. If users install the FO4 CK they are legally bound by those terms.

 

It's terrifying and it totally changes the face of Bethesda modding. I've looked at other Bethesda game EULAs and this is a first.

Edited March 12, 2016 by WursWaldo

[Boombro]

Why?

 

All mods are one way or another used with their assets that you bought from them. Doesn't it make sense that they own them?

 

Plus, that seems fitting for beth.net.they can't hosts a modding platform without giving themselves the full power to control. No?

 

Even it is it was true, I don't see how it fully change beth modding. Beth doesn't block stuff in LL, nexus, YouTube (as far as I know.) If this was maybe another dev, maybe.

 

Still early to say anything though.

[WursWaldo]

You wanted an explanation and I provided a detailed one. What you do with the information is up to you.

 

Edit:

Not everyone will share your opinion. Modders not having creative control over the content they make will indeed matter to some. I do Poser work and if SmithMicro announced that they own everything I make using their software I would stop using it and go back to DAZ Studio

Edited March 12, 2016 by WursWaldo

[Klipperken]

Beth does not care what you do with their stuff, UNLESS you begin to make profit from it.
Then you break the contract you have with them (EULA and the likes, which you agreed upon on installing the game).

More, if Beth so choses, they can take any mod/alteration and make a profit from it, whether or not the creator of the mod/alteration likes it or not.

Basically, whatever a mod maker releases, automatically becomes Beth property.

 

And you may seem to think it is logical, many out there do not agree...

[Klipperken]

You wanted an explanation and I provided a detailed one. What you do with the information is up to you.

Thank you, Waldo. :)

[Reneer]

Of course, Bethesda also has the ability to change those terms whenever they see fit. They could also have additional terms that are included with the release of the CK.

[Klipperken]

Oh yes, and rest assured, none of those will be in favor of the modders out there.

[Boombro]

You wanted an explanation and I provided a detailed one. What you do with the information is up to you.

 

Edit:

Not everyone will share your opinion. Modders not having creative control over the content they make will indeed matter to some. I do Poser work and if SmithMicro announced that they own everything I make using their software I would stop using it and go back to DAZ Studio

Yeah, thanks waldo. That was pretty handy.