wheelchairwillie Posted July 13, 2016 Share Posted July 13, 2016 The reason this appears to be such a mess with the strange selection and exclusion of mods as well as the rules not being applied is because Nvidia isn't and never intended to treat this like a contest. It's a promotional campaign with the goal to strengthen and spread the Nvidia brand and that means the winning mod and author must fulfill some very specific marketing criteria in regards to visual appeal, simplicity and ease-to-relate-to etc in order for it to happen. There never was a plan to allow the most popular mods to compete against each other since many of them either contain sexual themes, violence, chemical abuse or other controversial material. Imagine if a mod dealing with cannibalism or the female body in any shape or mod won and was given "Nvidia engineering support" - the social media police would have a field day over a big company supporting such amoral content endangering the brand, stock value, CEO bonuses and employees! Any mods dealing with game specific issues or functions like scripting that the average Joe/Jane have no clue about and would translate in their head when reading the winner announcement as "technobabble" and quickly scroll to more interesting news making the marketing move a complete failure where made sure to not have a shot at winning either. If you look at the mods that didn't make it/made it into the contest with this in mind the screening process starts making a whole lot more of sense. They knew exactly what type of winner was needed to accomplish their desired goal and they made sure it would happen by selecting the appropriate competition and applying the rules creatively. Anyone who have experiences with these types of campaigns know that this is how they're run, with a purpose that has little to nothing to do with fair competition and everything to do with accomplishing the needs of whoever arranges it has.The competition never even would have taken place if Nvidia thought they had to let chance or the votes of some random bunch of strangers/4channers/pervs/whatever online dictate what mod they'd had to associate themselves with. Yes it's cynical but cynicism is what makes a successful marketing campaign. Link to comment Share on other sites More sharing options...
GeneralLuBu Posted July 13, 2016 Author Share Posted July 13, 2016 https://www.reddit.com/r/nvidia/comments/4shv1j/nvidia_scam_contestmany_entries_violate_terms_and/?st=iqjy21p4&sh=b3dbc7a4 @Alex The thing is Bethesda actually covered themselves lawfully in that they acted when things were brought to their attention, thus far, Nvidia have ignored largely the claims made. There is a much larger legal basis to go for Nvidia due to the fact they ran an illegal contest. I mean as I understand it there are still stolen mods being uploaded to bethesda.net and some that have been up for months. Also the users who are uploading the stolen mods have had little to no action taken against them but correct me if im wrong. If this is the case then bethesda might still be breaking the law. Its like if a torrent site removed a torrent link because of a dcma but then didn't ban/suspend the users account (clearly protecting them) there is still a copyright case to be made on that alone. Also Nvidia could just shut down the contest and not pay anything to the winners and you no longer have a case. Whereas, if the stolen mods produced any revenue whatsoever, even if bethesda completely shuts down beth.net you would still have a case. They can shut down the contest if violation of T&C's come from those who submit. Not if they violate their own T&C's. In the case of the latter, along with evidence which I have been documenting and screenshotting since day 1 they will not be able to "get away with it" so simply. Link to comment Share on other sites More sharing options...
Alexotero1219 Posted July 13, 2016 Share Posted July 13, 2016 https://www.reddit.com/r/nvidia/comments/4shv1j/nvidia_scam_contestmany_entries_violate_terms_and/?st=iqjy21p4&sh=b3dbc7a4 @Alex The thing is Bethesda actually covered themselves lawfully in that they acted when things were brought to their attention, thus far, Nvidia have ignored largely the claims made. There is a much larger legal basis to go for Nvidia due to the fact they ran an illegal contest. I mean as I understand it there are still stolen mods being uploaded to bethesda.net and some that have been up for months. Also the users who are uploading the stolen mods have had little to no action taken against them but correct me if im wrong. If this is the case then bethesda might still be breaking the law. Its like if a torrent site removed a torrent link because of a dcma but then didn't ban/suspend the users account (clearly protecting them) there is still a copyright case to be made on that alone. Also Nvidia could just shut down the contest and not pay anything to the winners and you no longer have a case. Whereas, if the stolen mods produced any revenue whatsoever, even if bethesda completely shuts down beth.net you would still have a case. They can shut down the contest if violation of T&C's come from those who submit. Not if they violate their own T&C's. In the case of the latter, along with evidence which I have been documenting and screenshotting since day 1 they will not be able to "get away with it" so simply. But violations did come from those who submitted correct? UFO4P was submitted by not the author and many of the selected winners were group projects correct? Or were those just the contest rules and are different from the T&C? I have a feeling Nvidia's legal team would be able to find a way out of this but idk. Whereas, as I said in my edited post, bethesda operating its site exactly like a major torrent site is a bit harder to get away with. Link to comment Share on other sites More sharing options...
TheFoxQueen Posted July 13, 2016 Share Posted July 13, 2016 T9X69, I'm sorry to tell you this, but while your mod may not violate the guidelines set by Bethesda, it does break the terms and conditions of the Nvidia contest :/ Straight out of the terms: (https://contests.nvidia.com/en-gb/fallout4modcontest/terms) 4. Representations and Warranties of Entrant: ... Official rules; (v) not contain references to pornography, sexual or racial slurs or connotations, offensive language, obscenities or any material that is libelous or defamatory,... Link to comment Share on other sites More sharing options...
Deleted82156User Posted July 13, 2016 Share Posted July 13, 2016 If you look at the mods that didn't make it/made it into the contest with this in mind the screening process starts making a whole lot more of sense.Except that some of the mods that made it into the final contain sexually explicit material, meanwhile a plethora of mods that did not make the final followed the rules to the letter and contain no objectionable content whatsoever.... Link to comment Share on other sites More sharing options...
DDProductions83 Posted July 13, 2016 Share Posted July 13, 2016 If you look at the mods that didn't make it/made it into the contest with this in mind the screening process starts making a whole lot more of sense.Except that some of the mods that made it into the final contain sexually explicit material, meanwhile a plethora of mods that did not make the final followed the rules to the letter and contain no objectionable content whatsoever.... Welp mine sure as hell had explicit material, tinas a angry little 13 year old. Link to comment Share on other sites More sharing options...
T9X69 Posted July 13, 2016 Share Posted July 13, 2016 T9X69, I'm sorry to tell you this, but while your mod may not violate the guidelines set by Bethesda, it does break the terms and conditions of the Nvidia contest :/ Straight out of the terms: (https://contests.nvidia.com/en-gb/fallout4modcontest/terms) 4. Representations and Warranties of Entrant: ... Official rules; (v) not contain references to pornography, sexual or racial slurs or connotations, offensive language, obscenities or any material that is libelous or defamatory,...That's your opinion and I respect that. But I still don't think the quotes I used from Albert Fish or any other serial killer would be considered a sexual slur or pornography for that matter. Had it went into detail on what exactly they were doing, then of course. But I quoted two words in a note you may or may not find. There's even a warning message on my mod page. So that would have raised a red flag at Nvidia to be on the lookout for something they may break the rules. And obviously to them, it hadn't which is why it's up there. Link to comment Share on other sites More sharing options...
TheFoxQueen Posted July 13, 2016 Share Posted July 13, 2016 T9X69, I'm sorry to tell you this, but while your mod may not violate the guidelines set by Bethesda, it does break the terms and conditions of the Nvidia contest :/ Straight out of the terms: (https://contests.nvidia.com/en-gb/fallout4modcontest/terms) 4. Representations and Warranties of Entrant: ... Official rules; (v) not contain references to pornography, sexual or racial slurs or connotations, offensive language, obscenities or any material that is libelous or defamatory,...That's your opinion and I respect that. But I still don't think the quotes I used from Albert Fish or any other serial killer would be considered a sexual slur or pornography for that matter. Had it went into detail on what exactly they were doing, then of course. But I quoted two words in a note you may or may not find. There's even a warning message on my mod page. So that would have raised a red flag at Nvidia to be on the lookout for something they may break the rules. And obviously to them, it hadn't which is why it's up there. I definitely understand your point of view, and I do agree that if Nvidia really didn't want anything disturbing they probably would not have picked a mod with 'A Cannibal' in the title. Link to comment Share on other sites More sharing options...
GeneralLuBu Posted July 13, 2016 Author Share Posted July 13, 2016 https://www.reddit.com/r/nvidia/comments/4shv1j/nvidia_scam_contestmany_entries_violate_terms_and/?st=iqjy21p4&sh=b3dbc7a4 @Alex The thing is Bethesda actually covered themselves lawfully in that they acted when things were brought to their attention, thus far, Nvidia have ignored largely the claims made. There is a much larger legal basis to go for Nvidia due to the fact they ran an illegal contest. I mean as I understand it there are still stolen mods being uploaded to bethesda.net and some that have been up for months. Also the users who are uploading the stolen mods have had little to no action taken against them but correct me if im wrong. If this is the case then bethesda might still be breaking the law. Its like if a torrent site removed a torrent link because of a dcma but then didn't ban/suspend the users account (clearly protecting them) there is still a copyright case to be made on that alone. Also Nvidia could just shut down the contest and not pay anything to the winners and you no longer have a case. Whereas, if the stolen mods produced any revenue whatsoever, even if bethesda completely shuts down beth.net you would still have a case. They can shut down the contest if violation of T&C's come from those who submit. Not if they violate their own T&C's. In the case of the latter, along with evidence which I have been documenting and screenshotting since day 1 they will not be able to "get away with it" so simply. Actually they can't, in order to do that they would need to fall back on their legal document. In this case the T&C's. Due to their actions they have voided their T&C's and thus, currently cannot end the contest, cannot distribute prizes and cannot use any assets gained from it. Link to comment Share on other sites More sharing options...
Alexotero1219 Posted July 13, 2016 Share Posted July 13, 2016 https://www.reddit.com/r/nvidia/comments/4shv1j/nvidia_scam_contestmany_entries_violate_terms_and/?st=iqjy21p4&sh=b3dbc7a4 @Alex The thing is Bethesda actually covered themselves lawfully in that they acted when things were brought to their attention, thus far, Nvidia have ignored largely the claims made. There is a much larger legal basis to go for Nvidia due to the fact they ran an illegal contest. I mean as I understand it there are still stolen mods being uploaded to bethesda.net and some that have been up for months. Also the users who are uploading the stolen mods have had little to no action taken against them but correct me if im wrong. If this is the case then bethesda might still be breaking the law. Its like if a torrent site removed a torrent link because of a dcma but then didn't ban/suspend the users account (clearly protecting them) there is still a copyright case to be made on that alone. Also Nvidia could just shut down the contest and not pay anything to the winners and you no longer have a case. Whereas, if the stolen mods produced any revenue whatsoever, even if bethesda completely shuts down beth.net you would still have a case. They can shut down the contest if violation of T&C's come from those who submit. Not if they violate their own T&C's. In the case of the latter, along with evidence which I have been documenting and screenshotting since day 1 they will not be able to "get away with it" so simply. Actually they can't, in order to do that they would need to fall back on their legal document. In this case the T&C's. Due to their actions they have voided their T&C's and thus, currently cannot end the contest, cannot distribute prizes and cannot use any assets gained from it. alright point taken lmao this document is god awful. I notice after reading what seems to be their covering clause (section 10 a) that entrants would have agreed that Nvidia (sponsor) "Sponsor related parties and bethesda softworks shall not be responsible or liable for" a whole host of things namely "stolen" or "forged entries", any errors in entries, any dispute or claim arising from an entrants participation in the contest (seems like a statement with little legal meaning to me tbh but im not sure), and any damages to hardware ect. ect. That being said it seems a few of the complaints ive seen in this thread might be voided by this clause is there any entry wouldnt be? Either way this clause 10 a is going to be what you should look at and what you should show your council. Also I think you're letting bethesda off the hook waaaaaaaaaaaaaay too easy. As far I can tell there seems like a really strong suit there. Is there any way we can see how much money the stolen mods made in donations? Link to comment Share on other sites More sharing options...
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