DDP MY MODS ARE DOWN, COMMENCE ATTACK ON BETHESDAS MAIN PLATFORM

[WiIIPWN4KFC]

 

 

Would it be possible to, say, make a mod that recognizes if a person is playing on console and crash the game immediately?

I suppose it would. Just refernce some kind of PC specific record and the mod will infinite load screen when on console. But that seems like a Bad Idea^tm. Likely there are not these kind of records anywhere to be had, and it's definitely on grey legal grounds.

 

Not to mention that I, for one, would not download anything knowing that someone put a landmine in there, no matter if the landmine recognized me as a friendly

 

Then you wont ever download a mod of mine ever again.

 

https://www.youtube.com/watch?v=JbO9zWluhcM

 

Cause while I'm not giving it out atm and asked my friends to remain silent on it, I so will use it.

 

You sure you want to compare entitled console kiddies fighting mod authors to cockroaches fighting humans?

 

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[OunceStripes]

 

They really don't have any legal standing for this at all. I'd like to see a lawyer make the argument that a EULA is grounds for transferring Intellectual Property rights. A water park can have you sign a waiver, but just because you signed it doesn't mean you can't sue them when you break your neck.

 

And furthermore why would they even try something like what's being suggested? Despite how it looks Bethesda really doesn't like having mods be their #1 PR problem.

 

 

Actually they have it and it's not a exception in the buisness world. There are many others companies with exactly the same type of EULA and they have already sold users's content by this way, like Facebook, Twitter, Instagram etc...

 

I think you can have a interest to read this:

 

http://www.nyccounsel.com/business-blogs-websites/who-owns-photos-and-videos-posted-on-facebook-or-twitter/

 

http://www.cnet.com/news/instagram-says-it-now-has-the-right-to-sell-your-photos/

 

But you have right about some public relation issues that may happen.

 

Also keep in mind that if they created bethesda.net and avoid Steam workshop, it's also to have the plain control of the moderation and the term of service about mods, and eventually if paid mods will make a comeback, avoid the due percentage to Valve.

[DDProductions83]

 

 

 

Would it be possible to, say, make a mod that recognizes if a person is playing on console and crash the game immediately?

I suppose it would. Just refernce some kind of PC specific record and the mod will infinite load screen when on console. But that seems like a Bad Idea^tm. Likely there are not these kind of records anywhere to be had, and it's definitely on grey legal grounds.

 

Not to mention that I, for one, would not download anything knowing that someone put a landmine in there, no matter if the landmine recognized me as a friendly

 

Then you wont ever download a mod of mine ever again.

 

https://www.youtube.com/watch?v=JbO9zWluhcM

 

Cause while I'm not giving it out atm and asked my friends to remain silent on it, I so will use it.

 

You sure you want to compare entitled console kiddies fighting mod authors to cockroaches fighting humans?

 

">

" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="480" height="295">

 

I thought you were gonna link me to joes apartment, that's what I was thinking when I stopped and compared them to amoebas instead

[XX4HorsemenXX]

 

 

They really don't have any legal standing for this at all. I'd like to see a lawyer make the argument that a EULA is grounds for transferring Intellectual Property rights. A water park can have you sign a waiver, but just because you signed it doesn't mean you can't sue them when you break your neck.

 

And furthermore why would they even try something like what's being suggested? Despite how it looks Bethesda really doesn't like having mods be their #1 PR problem.

 

 

Actually they have it and it's not a exception in the buisness world. There are many others companies with exactly the same type of EULA and they have already sold users's content by this way, like Facebook, Twitter, Instagram etc...

 

I think you can have a interest to read this:

 

http://www.nyccounsel.com/business-blogs-websites/who-owns-photos-and-videos-posted-on-facebook-or-twitter/

 

http://www.cnet.com/news/instagram-says-it-now-has-the-right-to-sell-your-photos/

 

But you have right about some public relation issues that may happen.

 

Also keep in mind that if they created bethesda.net and avoid Steam workshop, it's also to have the plain control of the moderation and the term of service about mods, and eventually if paid mods will make a comeback, avoid the due percentage to Valve.

 

If bethesda ever incorporated some modder's custom asset in their game officially without consent of the author, I'll bet you anything the courts would side with the mod author. That would be text book copyright infringement and put bethesda at risk of a hefty lawsuit.

[Trykz]

English is not my native language I think there is a misunderstood. You can have indeed a right on the content you uploaded on bethesda.net but only if you own legally the file by a copyright otherwise by giving a license to Zenimax you waive all the rights on it by accepting the EULA (including textures and 3D assets). They can do anything they want and you can't do s*** about it.

 

Like marcmorr6 said:

 

 

It also states in the EULA that Zenimax / Bethesda can do anything they want with your mods without ever having to pay you which could include adding them to the base game itself if the company chooses to without ever having to give recognition or royalty.

 

It's clearly stated here on the EULA:

 

D. License to ZeniMax. Whether or not You provide a copy of one or more of Your Game Mods to ZeniMax for download from the ZeniMax Platform and in exchange for ZeniMax making the Editor available to You free of charge, You hereby grant to ZeniMax an irrevocable, perpetual, royalty-free, fully paid, worldwide, non-exclusive right and license, with the right to sublicense through multiple tiers of distribution, to use, reproduce, modify and create derivative works from (including without limitation (a) modifications necessary to make Your Game Mods compatible with the Services (as defined in the Terms of Service); (b) modifications as ZeniMax deems necessary or desirable to enhance gameplay; and © where ZeniMax in its sole discretion deems modification necessary for security, statutory or other regulatory consideration), distribute, transmit, transcode, translate, broadcast, and otherwise communicate, publicly display and publicly perform and otherwise exploit and/or dispose of such Your Game Mods (or an part or element of a Game Mods), including without limitation in connection with the operation and promotion of the Services. For clarity, the foregoing license includes, but is not limited to, ZeniMax including Your Game Mods (or elements or portions of a Game Mods) and modifications and derivative works of Your Game Mods in other Games and Services. This license is granted to ZeniMax for the entire duration of the intellectual property rights in or protecting the Game Mods. To the fullest extent permitted by law You also waive and agree never to assert against ZeniMax or its distributors or licensors any moral rights or similar rights, however designated, that You may have in or to any of Game Mods. Subject to Your ownership of the original of Your Game Mods, ZeniMax will be the sole owner of the modifications and derivative works created by ZeniMax of Your Game Mods. For clarity, You agree that You are not entitled to any rights or compensation in connection with the rights granted to ZeniMax in this Agreement, including without limitation the use of Your Game Mods by others.

 

It even stated that they can sale (sublicense through multiple tiers of distribution) or include your mod to other games than Fallout 4.

 

Wrong on so many levels, I don't know where to begin. I explained in another thread how NO EULA BY ANY COMPANY can circumvent US Copyright laws. Which by their wording, is exactly what ALL game company EULAs try to do constantly. NO company can simply "do as they please" with anything an asset's author does not give them express permission to do. And they cannot *take* that permission by force through ANY instrument. Read this:

 

https://forums.nexusmods.com/index.php?/topic/4498360-dont-get-angry-get-organised-stolen-mods/?p=39040825

 

It very clearly debunks the whole *but the EULA gives them this and that* nonsense. EULAs depend on one simple thing: ignorance. They bank on you not doing your own research so they can have their way. Mods are protected by copyright law the second the ESP/ESM is created by the author. Regardless of what toolkit they use to create it. Have you ever known a company to take an asset they didn't create and use it? No? Because they can't. And they know it.

 

Seriously..... stop with the whole *but the EULA says......* nonsense. Because that's exactly what it is. Nonsense. EULA = toilet paper. They have the same value where copyright laws are concerned.

[WiIIPWN4KFC]

DDProductions83: "I thought you were gonna link me to joes apartment, that's what I was thinking when I stopped and compared them to amoebas instead"

 

Still, the part with the cockroach ripping out a guy's head with the spinal cord still intact, then using it as a sword to cut 3 other people's heads off was pretty amusing.

Edited June 8, 2016 by WiIIPWN4KFC

[Reneer]

 

English is not my native language I think there is a misunderstood. You can have indeed a right on the content you uploaded on bethesda.net but only if you own legally the file by a copyright otherwise by giving a license to Zenimax you waive all the rights on it by accepting the EULA (including textures and 3D assets). They can do anything they want and you can't do s*** about it.

 

Like marcmorr6 said:

 

 

It also states in the EULA that Zenimax / Bethesda can do anything they want with your mods without ever having to pay you which could include adding them to the base game itself if the company chooses to without ever having to give recognition or royalty.

 

It's clearly stated here on the EULA:

 

D. License to ZeniMax. Whether or not You provide a copy of one or more of Your Game Mods to ZeniMax for download from the ZeniMax Platform and in exchange for ZeniMax making the Editor available to You free of charge, You hereby grant to ZeniMax an irrevocable, perpetual, royalty-free, fully paid, worldwide, non-exclusive right and license, with the right to sublicense through multiple tiers of distribution, to use, reproduce, modify and create derivative works from (including without limitation (a) modifications necessary to make Your Game Mods compatible with the Services (as defined in the Terms of Service); (b) modifications as ZeniMax deems necessary or desirable to enhance gameplay; and © where ZeniMax in its sole discretion deems modification necessary for security, statutory or other regulatory consideration), distribute, transmit, transcode, translate, broadcast, and otherwise communicate, publicly display and publicly perform and otherwise exploit and/or dispose of such Your Game Mods (or an part or element of a Game Mods), including without limitation in connection with the operation and promotion of the Services. For clarity, the foregoing license includes, but is not limited to, ZeniMax including Your Game Mods (or elements or portions of a Game Mods) and modifications and derivative works of Your Game Mods in other Games and Services. This license is granted to ZeniMax for the entire duration of the intellectual property rights in or protecting the Game Mods. To the fullest extent permitted by law You also waive and agree never to assert against ZeniMax or its distributors or licensors any moral rights or similar rights, however designated, that You may have in or to any of Game Mods. Subject to Your ownership of the original of Your Game Mods, ZeniMax will be the sole owner of the modifications and derivative works created by ZeniMax of Your Game Mods. For clarity, You agree that You are not entitled to any rights or compensation in connection with the rights granted to ZeniMax in this Agreement, including without limitation the use of Your Game Mods by others.

 

It even stated that they can sale (sublicense through multiple tiers of distribution) or include your mod to other games than Fallout 4.

 

Wrong on so many levels, I don't know where to begin. I explained in another thread how NO EULA BY ANY COMPANY can circumvent US Copyright laws. Which by their wording, is exactly what ALL game company EULAs try to do constantly. NO company can simply "do as they please" with anything an asset's author does not give them express permission to do. And they cannot *take* that permission by force through ANY instrument. Read this:

 

https://forums.nexusmods.com/index.php?/topic/4498360-dont-get-angry-get-organised-stolen-mods/?p=39040825

 

It very clearly debunks the whole *but the EULA gives them this and that* nonsense. EULAs depend on one simple thing: ignorance. They bank on you not doing your own research so they can have their way. Mods are protected by copyright law the second the ESP/ESM is created by the author. Regardless of what toolkit they use to create it. Have you ever known a company to take an asset they didn't create and use it? No? Because they can't. And they know it.

 

Seriously..... stop with the whole *but the EULA says......* nonsense. Because that's exactly what it is. Nonsense. EULA = toilet paper. They have the same value where copyright laws are concerned.

I dunno where you went to law school (I certainly didn't :tongue:), but an EULA is a contract. Copyrights are transferred to different parties via contract all the time. If I work for a company developing a computer program I sign a contract that says that I don't own that code, but I immediately give any code I write on company time to the company that I worked for, including the copyright.

 

The same thing applies here - if I use the Creation Kit to develop a mod, I give Bethesda / Zenimax the license to do whatever they want with that work. I knowingly signed that contract / accepted the EULA when I used the CK (and yes, I fully read the EULA). Of course, Bethesda doesn't ask us to transfer the copyright or the ownership to them, so it is a moot point.

Edited June 8, 2016 by Reneer

[OunceStripes]

 

 

 

They really don't have any legal standing for this at all. I'd like to see a lawyer make the argument that a EULA is grounds for transferring Intellectual Property rights. A water park can have you sign a waiver, but just because you signed it doesn't mean you can't sue them when you break your neck.

 

And furthermore why would they even try something like what's being suggested? Despite how it looks Bethesda really doesn't like having mods be their #1 PR problem.

 

 

Actually they have it and it's not a exception in the buisness world. There are many others companies with exactly the same type of EULA and they have already sold users's content by this way, like Facebook, Twitter, Instagram etc...

 

I think you can have a interest to read this:

 

http://www.nyccounsel.com/business-blogs-websites/who-owns-photos-and-videos-posted-on-facebook-or-twitter/

 

http://www.cnet.com/news/instagram-says-it-now-has-the-right-to-sell-your-photos/

 

But you have right about some public relation issues that may happen.

 

Also keep in mind that if they created bethesda.net and avoid Steam workshop, it's also to have the plain control of the moderation and the term of service about mods, and eventually if paid mods will make a comeback, avoid the due percentage to Valve.

 

If bethesda ever incorporated some modder's custom asset in their game officially without consent of the author, I'll bet you anything the courts would side with the mod author. That would be text book copyright infringement and put bethesda at risk of a hefty lawsuit.

 

 

Absolutely not because in the EULA there are those lines and by accepting the EULA you waive to all legal recourse:

 

 

To the fullest extent permitted by law You also waive and agree never to assert against ZeniMax or its distributors or licensors any moral rights or similar rights, however designated, that You may have in or to any of Game Mods. Subject to Your ownership of the original of Your Game Mods, ZeniMax will be the sole owner of the modifications and derivative works created by ZeniMax of Your Game Mods. For clarity, You agree that You are not entitled to any rights or compensation in connection with the rights granted to ZeniMax in this Agreement, including without limitation the use of Your Game Mods by others.

 

The EULA give them force of law. By accepting the EULA you are considered aware of this and you cannot claim anything on this matter, if you don't want this to happen, don't use it.

[XX4HorsemenXX]

http://www.polygon.com/2016/6/7/11877442/fallout-4-stolen-mods-xbox-one-pc

LOL PC players "say"...

[Mavkiel]

Shrink wrap eulas... I am reminded of a south park episode. You signed the apple eula, now we can totally sew you lip to anus to another person, you consented to this!