Don't get angry, get organised! (Stolen mods)

[Trykz]

 

 

Oh, and by the way Trykz:

 

 

Trykz

 

 

I agree...for things like original armor. If you mod ONLY uses Bethesda assets, however...those assets are still bethesda's assets, regardless of how you've rearranged them.

 

 

It matters not. Because the very *idea* behind their usage is what is considered an *original work*. They're Bethesda's assets, yes. But the idea for their arrangement belongs to the author who arranged them, and is subject to copyright law the second that idea is placed onto an ESP/ESM. Take retextures for example. Do those belong to Bethesda just because the person who retextured them did so using Bethesda's original mesh? Of course not. The mesh belongs to Bethesda. But that retexture is STILL the intellectual property of the modder who created the textures.

 

In any event, a legal argument between modders and Bethesda is not something either side needs. The modding community has existed peacefully and relatively without incident for over a decade. It works, and Bethesda simply needs to understand that they aren't going to simply waltz onto the scene and start changing everything.

 

I offered the perfect solution. Incidentally, the EXACT solution that has existed for as long as game modding itself has existed. They simply have to accept that it works, and stop trying to change it with nonsense policies that accomplish nothing but animosity between themselves, console and PC gamers, and modders alike. The solution is right there in front of them. They simply need to adopt it as long term proven, and employ it like every other modding site has before them.

 

Trykz

[steelfeathers]

Good luck winning THAT lawsuit. (Spoilers: several people have tried, in things like the Harry Potter fandom. It didn't go well for them.)

 

But yeah, we're off-topic.

[Trykz]

Good luck winning THAT lawsuit. (Spoilers: several people have tried, in things like the Harry Potter fandom. It didn't go well for them.)

 

But yeah, we're off-topic.

 

I'd win by default.

 

It only costs about $12 to file a claim and become such a pain in the @ss, their lawyers would likely offer up some form of compensation, or at the very least, the immediate removal of said content, just to save the plane fare (since the claim is filed in the locality of the aggrieved party, and their representative must attend to argue the claim)

 

:thumbsup:

 

Trykz

[XX4HorsemenXX]

 

Good luck winning THAT lawsuit. (Spoilers: several people have tried, in things like the Harry Potter fandom. It didn't go well for them.)

 

But yeah, we're off-topic.

 

I'd win by default.

 

It only costs about $12 to file a claim and become such a pain in the @ss, their lawyers would likely offer up some form of compensation, or at the very least, the immediate removal of said content, just to save the plane fare (since the claim is filed in the locality of the aggrieved party, and their representative must attend to argue the claim)

 

:thumbsup:

 

Trykz

 

Troll level: LEGEND

[Trykz]

 

 

Troll level: LEGEND

 

 

LOL.....

[gallahorn]

It doesnt matter if we have one voice when beth never talks or communicate with the community. They dont talk to the people that have done this for years. Instead they just run their race and think they know everything by default and dont need input. They showed it with pay mods and they are showing it again with console mods. They dont care plain and simple.

 

Its one of the worse game developers out there when it comes to communication with their community. Which is very sad to see when they have a big and active community.

[steelfeathers]

It doesnt matter if we have one voice when beth never talks or communicate with the community. They dont talk to the people that have done this for years. Instead they just run their race and think they know everything by default and dont need input. They showed it with pay mods and they are showing it again with console mods. They dont care plain and simple.

 

Its one of the worse game developers out there when it comes to communication with their community. Which is very sad to see when they have a big and active community.

We'll never accomplish anything if we decide we've already lost and don't try.

[tartarsauce2]

I was thinking of this quote and it's something to the equivalent (not a quotation here) of "haha I act and you have to react to my action and are already in the past, and I act again and yet again you are pulled by my action and must react"

and then there's the afghani phrase "You might have all the watches, but we have all the time."
but you see, the afghani are in fact still afflicted by certain ruinous powers with a penchant for getting their hands all over situations

and hannah arendt always did warn that imperialism comes from market forces...
and pretty much anyone that says "bow down before bethesda" seems to misunderstand how this works
mods come from mod authors, if bethesda wants to become the next minecraft there's the problem of diminishing returns (which are already in play for various minecraft-alikes) for simple childish games that technically allow modding but ultimately have a terrible community that noone sane would want to be a part of
they could ditch the "problematic" mod authors who have this stickling penchant for artistic direction done by themselves not others... but it would, and should hurt
and while we'd all suffer from the loss of quality that comes with this I think I'd rather see a beautiful thing like art die and be free than "live" in a cage

when it comes to art, I'm very inspired by the "best or nothing" approach when it comes to how one treats it
well, not just appraisal of quality, but like, eh, art is extremes typically, it's expression, it has to be free or it dies
and anything that relies on *art* dies as soon as its constrained, it runs like a zombie generating cash flow but eventually it dries up as the draw dies with it
bethesda has a cash cow or a golden goose here, it'd better not try to slaughter it for some steak or to see where that gold comes from
maybe it'd be forgiveable and acceptable if another company was in strict competition for the "interesting mods and decent gameplay/baseline storylines" thing, but I think if they sabotaged it someone would actually get mad enough to go out of their way to create an alternative

Edited June 8, 2016 by tartarsauce2

[RattleAndGrind]

I'm a newbie; so if I am out in the weeds, be gentle. But I have a couple of thoughts.

 

From my understanding, game mods are original and/or derivative works of software. They may be subject to intellectual property and copyright laws and the laws governing software piracy. There may a legal recourse against theft and thieves. Especially mods copied to Pay_Per_Download sites. But that has already been covered pretty well.

 

My thought was that NEXUS has a install facility (bear with my ignorance here) which allows mods to be customized during installation. Is it possible to install a NEXUS only check in the MOD so that the mod will only work if installed via NMM?

 

 

 

Edited because I can neither spell or type very well.

Edited June 8, 2016 by RattleAndGrind

[zanity]

Nothing worse when people without a clue TRY to state what the law is.

 

Let me make it SIMPLE.

 

-Disney owns the Marvel comic IP

-Disney can grant licenses (including EXCLUSIVE liceneses) to other entities over defined sub-sets of this IP (like Fox with X-men)

-Disney can turn a blind-eye or actively encourage certain forms of 'not-for-profit' fan creations.

 

Now IN LAW Disney can take action against any UNAUTHORSED or contract breaking use of their IP. If they win, the unofficial variant of the IP does NOT become the property of Disney (for in creating a DERIVATIVE WORK, the creator ALSO has hsi/her IP in the drivation), but the creator of the unofficial work loses ALL distribution rights.

 

Is that simple enough? Beth NEVER EVER 'owns' derivative works based on its IP- but it can- under certain legal circumstances- utter prevent ALL FORMS of distribution of those infringing derivative works.

 

So you mod a Beth texture, and providing you haven't modding it enough to pass the legal test (YES, there ARE legal tests) for a true new ORIGINAL work, both Beth AND yourself own IP rights in the derivation. Both YOUR and BETH'S permission are required to distribute such work.

 

But mods for beth games frequently use ZERO amounts of Beth IP assets (and NO, NO, NO- the IP inherent in the TOOLS you use to craft the mod NEVER EVER counts). If your mod is Beth IP (and other IP not under your control) free (and you live outside the legally corrupt jurisdiction of the USA- I'll explain why in a bit), you control it and its distribution 100%

 

The USA is different. Insanely corrupt corporations have paid off US judges to give CONSTITUTION breaking rulings- on the understanding that the other party will NOT have the resources to take a WINNING challenge to the SCOTUS. Thus the USA is the ONLY nation on the Earth where the 'shrink-wrap' EULA has some legal binding, and mods that 'change' an installed program can be outlawed by the creator of the installed program (see Blizzard vs bot makers).

 

Nexus is not American, of course, so the obscene legal shenanigans of the USA can be ignored.

 

TL;DR- companies can stop the distribution of derivative works of their IP- but NEVER own the distribution rights of the derivative works themselves. When Zenimax states it owns your mods, Zenimax is lying- and refering purely to the fact that YOU cannot afford to sue Zenimax, and entities like Zenimax get away with breaking the law because of the 'Golden Rule' (google it).