Nvidia Contest Joke

[xgamer468]

 

 

 

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.

 

It would also be extremly bad for their marketing to just shoot down their own contest because they didnt do research on the mods that wone

[Alexotero1219]

would also be bad for their marketing to get sued over it.

[T9X69]

 

 

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.

 

 

Actually, I didn't even consider the name of my mod, but that's a pretty good point. Also, I completely understand your PoV and reasoning just for the record. I think the real problem here is the "cookie cutter" Terms and Conditions. You even quoted "offensive language". That could be 100 different things to different people, but when your running a contest based off an M rated game, that seems a little silly. Either Nvidia didn't read their own TaC, or there's an invisible line of what can be done, and what's considered too far. Like you said, "Cannibal" is in the name of my mod, so obviously it's not E rated content. I guess we just have to wait to hear from Nvidia, assuming they actually post a response.

 

Edit: Also I'd like to point this out:

 

"Round 2: If an Entrant’s Entry is selected as one of the top 5 Mods in one of the four categories (as per Section 5 below), such Entrant will be contacted by Sponsor on or before July 10 via the email provided by Entrant. These selected Entrants will then have a screenshot of their Mod posted on (contests.nvidia.com/fallout4modcontest) and open to public voting. "

 

If any other finalist that was selected is reading this thread, were you ever contacted? Because I certainly wasn't.

Edited July 13, 2016 by T9X69

[KnightHasen]

Nope, didn't get any email.

[Flowerguy360]

 

 

 

 

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?

 

 

Correct me if I'm wrong, but if someone else submits your mod and Beth/Nvidia uses it for publicity or branding or whatever...

 

Obviously the person responsible for plagiarizing/forging your mod is liable.

 

But you never agreed to those terms. Would you not still be able to file suit against Beth/Nvidia? They in turn would have to seek damages from the responsible party.

 

I cannot imagine that you, as a mod author, would be legally held to terms & conditions you did not agree to.

 

Just sayin'.

[GeneralLuBu]

That's correct FlowerGuy, which is why they opted to provided the DMCA forms, as it's covering themselves from liability.

[Alexotero1219]

 

 

 

 

 

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?

 

 

Correct me if I'm wrong, but if someone else submits your mod and Beth/Nvidia uses it for publicity or branding or whatever...

 

Obviously the person responsible for plagiarizing/forging your mod is liable.

 

But you never agreed to those terms. Would you not still be able to file suit against Beth/Nvidia? They in turn would have to seek damages from the responsible party.

 

I cannot imagine that you, as a mod author, would be legally held to terms & conditions you did not agree to.

 

Just sayin'.

 

 

You wouldn't be held to them no but Im not sure if that would necessarily make Nvidia liable.

 

Im not an expert im just saying thats going to be the section you want an expert to look at.

[RaffTheSweetling]

@T9X69 - Others have already mentioned it, but I think it's worth reiterating; The name of your mod "A Cannibal.." contains nothing that you should be worried about in terms of breaching rules regarding inappropriate content.

The vanilla game features several direct references to cannibalism, with the most obvious being the Cannibal Perk.

Sexual content is a subjective matter, and generally speaking, the depiction of an act through written medium is less likely to offend than the depiction an act through a visual medium.

You mention that the sexual content contained in your mod is inferred and not shown, that is mentioned only briefly, that it is not contained in the quest proper, and that the content is contextual to the original source material. For these reasons I doubt that you have breached the rules.

 

Adult content that depicts violence towards children is different however.

You wrote "My mod also has a lot of violent references towards children because the real Cannibal preferred children as his victims. Again though, I think because it says "Violent acts towards children" it's acceptable since you're not actually killing children or causing them harm" and I think this does seem in violation of the policies Bethesda.net has put in place - "Do not upload mods featuring violent acts towards children".

I think that even if you don't show the act directly, there could be a backlash in that users (or their parents) who read your prose and become offended might report the mod, and complain to Bethesda about it.

 

This is all entirely my opinion. And it boils down to one simple fact - Your mod WAS chosen. And for this plain fact, it seems to me that the possibility of rules broken as a result of questionable content found within your mod - is irrelevant.

The nVidia Mod Contest information stated that staff would play through the entrants' mods before choosing finalists.

So for this fact, you have grounds to argue that, in the event of disqualification, your mod was expected to have been played-through by nVidia staff, before selection, before finalists were chosen, and so it is on them, not you, for selecting your mod as a finalist, if indeed you entered something ineligible.

 

Congrats, T9X69, for being a finalist. That's a great accomplishment. I mean that sincerely. :smile:

 

My 2 cents.

 

Griffin

Edited July 14, 2016 by RaffTheSweetling

[T9X69]

@T9X69 - Others have already mentioned it, but I think it's worth reiterating; The name is your mod "A Cannibal.." contains nothing that you should be worried about in terms of breaching rules regarding inappropriate content.

The vanilla game features several direct references to cannibalism, with the most obvious being the Cannibal Perk.

Sexual content is a subjective matter, and generally speaking, the depiction of an act through written medium is less likely to offend than the depiction an act through a visual medium.

You mention that the sexual content contained in your mod is inferred and not shown, that is mentioned only briefly, that it is not contained in the quest proper, and that the content is contextual to the original source material. For these reasons I doubt that you have breached the rules.

 

Adult content that depicts violence towards children is different however.

You wrote "My mod also has a lot of violent references towards children because the real Cannibal preferred children as his victims. Again though, I think because it says "Violent acts towards children" it's acceptable since you're not actually killing children or causing them harm" and I think this does seem in violation of the policies Bethesda.net has put in place - "Do not upload mods featuring violent acts towards children".

I think that even if you don't show the act directly, there could be a backlash in that users (or their parents) who read your prose and become offended might report the mod, and complain to Bethesda about it.

 

This is all entirely my opinion. And it boils down to one simple fact - Your mod WAS chosen. And for this plain fact, it seems to me that the possibility of rules broken as a result of questionable content found within your mod - is irrelevant.

The nVidia Mod Contest information stated that staff would play through the entrants' mods before choosing finalists.

So for this fact, you have grounds to argue that, in the event of disqualification, your mod was expected to have been played-through by nVidia staff, before selection, before finalists were chosen, and so it is on them, not you, for selecting your mod as a finalist, if indeed you entered something ineligible.

 

Congrats, T9X69, for being a finalist. That's a great accomplishment. I mean that sincerely. :smile:

 

My 2 cents.

 

Griffin

 

Well, thank you. I much appreciate that. It is my work (I slaved 6-12 hours everyday for 2 weeks making it), so it's hard not to defend it. Although, people here are much more civil and respectful in their responses. There's been a few other comments on Reddit that (In my opinion) are reaching for straws and extremely salty their mod wasn't chosen. For example, saying me placing an item called "Human meat" is extremely immoral and I should be DQ for that. Like really?

 

What's actually interesting is I uploaded my mod prior to Bethesda posting the rules about children. Once it was posted, I was actually quite worried. Because like you said, even though it's written, it may still break Bnet's rules. The mod itself is pretty popular on Xbox (Nearing a million views, 60K+ downloads, 2.5K+ ratings) so I figured by now if I did break the rules it would have been removed. Then again, it's an adult game, so maybe no one reported it. Or literally the word "acts" is saving it from breaking the rules since none are actually preformed.

 

At the end of the day, I don't want to criticize the work of other finalist. Because all in and all, whether it took them 5 minutes or 500 hours to make, they still did it using their own free time. And my mod aside, Nvidia did pick some really good mods that I enjoy and use i.e Vivid Weathers, Faction Housing, D.E.C.A.Y etc. It's a shame Nvidia handled this contest so poorly because mod authors are turning against each other over money (trust me, we all want 10K) rather than coming together. This is all our hobby and something we enjoy.

 

Completely off topic. I forget how, but I came across your Heritage Home mods for Fallout 3 a few weeks ago and the level of detail inspired me to push my next project further in that aspect. So thanks for that :)

[Ethreon]

 

~

Now imagine your mod and this contest in the age of F1/2.