Alexotero1219 Posted June 15, 2017 Share Posted June 15, 2017 fishing mingame, armors, swords and bleak, uninspired followers without any trace of a character.Also, those bs mods you're suggesting won't get past the "email deleted" part.Uh... Except that kind of stuff is exactly what they showed at E3, minus the followers and the fishing minigame... Did you miss that?It was high quality works, not "my first model and texture made from cardboard and crayons :)". Very typical micro dlc. EA looks like saints now. Regarding comments about Bethesda sending C&Ds to modders making similar works, I highly doubt that will ever happen, they'd have to shut down free modding entirely No they wouldn't have to shut down free modding entirely. That makes no sense. Think of it this way. When money is involved, or there is a possible threat of money being involved, Bethesda has a long track record of suing and/or sending threats via lawyers to the 'offending' parties. So...such and such internal or external 'creator' makes an uber buttrendering axe of nugget smashing. They sell it for 300 credits or whatever. Some other aspiring modder had a better uber nuttrendering axe of bugget smashing already available via bethnet or nexus. 'Well shucks, that looks awfully like the buttrendering axe of nugget smashing our company just released' thinks Mr. Lawyer, twiddling his greedy, grimy hands. 'We can't have that now can we. It cuts into our profits'. BAM - aspiring modder who made that really cool uber nuttrendering axe of bugget smashing is told to remove his mod, or the DCMA goes to the company(ies) hosting the mod. POOF - the Nuttrender is gone. I'm only saying this because Bethesda/Zenimax pull crap like this more than any other game company out there. They are sue happy. Screwing with modders is not below them if it affects their bottom line. It hasn't so far, but with this new CC thing, it very well could. Especially since many of the really good modders have been quite vocal about keeping their mods free. Hope I'm wrong. Would be great if it's not the case. Then we can all hold hands, sing Dragonborn theme songs, and ride magic rainbow farting unicorns over the wasteland. Beth would need to file a trademark for the buttrending axe, or its likeness, to pursue any legal action over it. They could send take down notices to mod authors any time they want sure but without enforcing a trademark violation across the board (equally on all other mods distributed for the license) it would be somewhat difficult for beths lawyers to make the argument that the TES license also encompasses the likenesses of any possible weapons that may be developed in the future through the CC. I can't, off the top of my head, think of any other way bethesda would be able to get a court to order bringing the free axe down in this scenario other than to say the distribution of the file itself is in violation of the license or to file a specific trademark for the likeness of the paid one. P.S. I resent the negative opinion of lawyers :-( Link to comment Share on other sites More sharing options...
Alexotero1219 Posted June 15, 2017 Share Posted June 15, 2017 required by law to pursue profits over all else.I'm pretty sure that's not true. It is and it isnt. A publicly traded company has legal obligations to get the highest return for its shareholders (not always the highest profits) and to communicate its finances and future plans as clearly and transparently as possible to them. They can be sued for deliberately lying to shareholders or intentionally running the company into the ground. That being said its not like the government is involved beyond arbitrating a disagreement and no one is going to jail in this scenario lying to shareholders or not. Link to comment Share on other sites More sharing options...
Galvon94 Posted June 15, 2017 Share Posted June 15, 2017 It is and it isnt. A publicly traded company has legal obligations to get the highest return for its shareholders (not always the highest profits) and to communicate its finances and future plans as clearly and transparently as possible to them. They can be sued for deliberately lying to shareholders or intentionally running the company into the ground. That being said its not like the government is involved beyond arbitrating a disagreement and no one is going to jail in this scenario lying to shareholders or not.That makes more sense, thank you. Link to comment Share on other sites More sharing options...
SMB92 Posted June 15, 2017 Share Posted June 15, 2017 Wonder if this Creation Club model would work in terms of getting SKSE64 and SkyUI SE completed? Contracting with a team of crack modders to come up with packages of shiny guns and paddle-like swords for the parents of PS4 and XBox players to purchase seems like a deviously entrepreneurial coup for Bethesda.Keep in mind Bethesda is owned by hungry corporate bod ZeniMax$ ;) Link to comment Share on other sites More sharing options...
SMB92 Posted June 15, 2017 Share Posted June 15, 2017 bluesunmercI get where you're coming from but I'd have to be optimistic on this one and say that they'd be crazy to go down that route. You can justify new custom content like armors or weapons or even fishing mini games. I could be wrong and they could go so low as to do what you're saying. MrJoseCuervo, on 15 Jun 2017 - 11:44 AM, said: Putting ethical rules, the environment or harming their employees aside this is pretty much the model here in the US. Shareholders above all. Capitalism 101. Lol. Link to comment Share on other sites More sharing options...
bluesunmerc Posted June 15, 2017 Share Posted June 15, 2017 bluesunmercI get where you're coming from but I'd have to be optimistic on this one and say that they'd be crazy to go down that route. You can justify new custom content like armors or weapons or even fishing mini games. I could be wrong and they could go so low as to do what you're saying. MrJoseCuervo, on 15 Jun 2017 - 11:44 AM, said: Putting ethical rules, the environment or harming their employees aside this is pretty much the model here in the US. Shareholders above all. Capitalism 101. Lol. Oh, for sure. They may be dumb but I don't think/ would hope that they weren't dumb enough to try any legal action against mod authors. Then again several other companies have taken down youtube videos for less and cancelled fan made content with copyright claims and dcma take downs. I doubt it will get to that, but anything is possible. But as I was typing something else came to mind that no one has really touched on (at least that I have noticed) Almost all of the weapon mods on the nexus are of real world weapons. This would mean under the creation club the mod author would either have to get permission from the people who have the rights to weapon or they couldn't make it. Right now its not a big deal but now that money is exchanging hands this will definitely become an issue. This is at least the case for weapons on the creation club the nexus would still be the same. I believe some mod authors (maybe all) go through the proper channels and ask permission to use the weapons likeness. Using my magic crystal ball I do foresee Bethesda getting into legal trouble some time in the future over a mod and it using copyrighted material (They may be a big business but they are not all knowing and some people are crafty and at some point I see someone using something that is copyrighted and Bethesda not noticing it) there is probably a clause when you are accepted in the creation club saying Bethesda is not responsible for any copyright infringements and any legal action falls to the author of the mod of course you would have to be well versed in your legal speak to pick up on it. Again with money being made anyone who can try to get a slice of the pie is going to try. Link to comment Share on other sites More sharing options...
Alexotero1219 Posted June 15, 2017 Share Posted June 15, 2017 (edited) bluesunmercI get where you're coming from but I'd have to be optimistic on this one and say that they'd be crazy to go down that route. You can justify new custom content like armors or weapons or even fishing mini games. I could be wrong and they could go so low as to do what you're saying. MrJoseCuervo, on 15 Jun 2017 - 11:44 AM, said: Putting ethical rules, the environment or harming their employees aside this is pretty much the model here in the US. Shareholders above all. Capitalism 101. Lol. Oh, for sure. They may be dumb but I don't think/ would hope that they weren't dumb enough to try any legal action against mod authors. Then again several other companies have taken down youtube videos for less and cancelled fan made content with copyright claims and dcma take downs. I doubt it will get to that, but anything is possible. But as I was typing something else came to mind that no one has really touched on (at least that I have noticed) Almost all of the weapon mods on the nexus are of real world weapons. This would mean under the creation club the mod author would either have to get permission from the people who have the rights to weapon or they couldn't make it. Right now its not a big deal but now that money is exchanging hands this will definitely become an issue. This is at least the case for weapons on the creation club the nexus would still be the same. I believe some mod authors (maybe all) go through the proper channels and ask permission to use the weapons likeness. Using my magic crystal ball I do foresee Bethesda getting into legal trouble some time in the future over a mod and it using copyrighted material (They may be a big business but they are not all knowing and some people are crafty and at some point I see someone using something that is copyrighted and Bethesda not noticing it) there is probably a clause when you are accepted in the creation club saying Bethesda is not responsible for any copyright infringements and any legal action falls to the author of the mod of course you would have to be well versed in your legal speak to pick up on it. Again with money being made anyone who can try to get a slice of the pie is going to try. You're referring to firearms like Colt ect.? Yeah thats possible and if beth fails to curate properly (which seems likely) they could run into issues. That being said a lot of those firearm companies (armalite, colt, sig ect.) aren't known for suing people for copyright violations. They probably prefer their weapons are in movies/video games/pictures and shows simply to get people interested in purchasing them. Also the "likeness" of a firearm (barrel, magazine, silhouette, stock and grip ect.) isn't able to be trademarked, only the name. So its very easy to circumvent if you receive a take down notice or letter, simply change the name, so its unlikely people would actually even pay them royalties so they probably don't care. As for the other stuff beth can't legally produce a contract on behalf of armalite. Armalite would need to be privy to the agreement and fully aware of its contents before also agreeing to it. Basically bethesda can't claim they have no responsibility for publishing copyright violations. Even if the mod author signs the agreement armalite did not so they could bring whoever they want to court and would most likely target bethesda and their substantially fatter pockets if they actually cared enough to pursue legal action over something like that (they dont). You can't absolve yourself of responsibility for damaging one party because a different party agreed to the agreement lol. (hey jim! sign this contract that absolves me of responsibility for any injuries fred suffers after i punch him!) Edited June 15, 2017 by Alexotero1219 Link to comment Share on other sites More sharing options...
cancerparty1 Posted June 15, 2017 Share Posted June 15, 2017 So confused with what this thread derailed into. From what I've read, half of it is about paid mods, Bethesda memes, and some misinterpreted legal jargon. Anyways, this is the return of paid mods. There's no sugar coating it. Inevitably there will be Creation Club exclusives, that's what this project is aimed towards. However, maybe with the incentive of money - mods might be tailored to synergize and not jerry-rigged to be partially compatible with one another. Link to comment Share on other sites More sharing options...
AngryGamer94 Posted June 15, 2017 Share Posted June 15, 2017 (edited) RIP Fallout and ES modding.We had a lot of fun together but it's time to move on. From now on i'll only be playing games that don't require hundreds of mod to be halfway decent.Dark Souls 3 and Witcher 3 are bloody masterpieces and don't require a single mod. edit: Take 2 just killed GTA modding by sending a C&D to the creators of open IV.What makes you think zennimax/bethesda won't do the same once the paid thing really takes off?(and it will cause consoles gamers are stupid) Edited June 15, 2017 by AngryGamer94 Link to comment Share on other sites More sharing options...
bluesunmerc Posted June 15, 2017 Share Posted June 15, 2017 bluesunmerc I get where you're coming from but I'd have to be optimistic on this one and say that they'd be crazy to go down that route. You can justify new custom content like armors or weapons or even fishing mini games. I could be wrong and they could go so low as to do what you're saying. MrJoseCuervo, on 15 Jun 2017 - 11:44 AM, said: Putting ethical rules, the environment or harming their employees aside this is pretty much the model here in the US. Shareholders above all. Capitalism 101. Lol.Oh, for sure. They may be dumb but I don't think/ would hope that they weren't dumb enough to try any legal action against mod authors. Then again several other companies have taken down youtube videos for less and cancelled fan made content with copyright claims and dcma take downs. I doubt it will get to that, but anything is possible. But as I was typing something else came to mind that no one has really touched on (at least that I have noticed) Almost all of the weapon mods on the nexus are of real world weapons. This would mean under the creation club the mod author would either have to get permission from the people who have the rights to weapon or they couldn't make it. Right now its not a big deal but now that money is exchanging hands this will definitely become an issue. This is at least the case for weapons on the creation club the nexus would still be the same. I believe some mod authors (maybe all) go through the proper channels and ask permission to use the weapons likeness. Using my magic crystal ball I do foresee Bethesda getting into legal trouble some time in the future over a mod and it using copyrighted material (They may be a big business but they are not all knowing and some people are crafty and at some point I see someone using something that is copyrighted and Bethesda not noticing it) there is probably a clause when you are accepted in the creation club saying Bethesda is not responsible for any copyright infringements and any legal action falls to the author of the mod of course you would have to be well versed in your legal speak to pick up on it. Again with money being made anyone who can try to get a slice of the pie is going to try.You're referring to firearms like Colt ect.? Yeah thats possible and if beth fails to curate properly (which seems likely) they could run into issues. That being said a lot of those firearm companies (armalite, colt, sig ect.) aren't known for suing people for copyright violations. They probably prefer their weapons are in movies/video games/pictures and shows simply to get people interested in purchasing them. Also the "likeness" of a firearm (barrel, magazine, silhouette, stock and grip ect.) isn't able to be trademarked, only the name. So its very easy to circumvent if you receive a take down notice or letter, simply change the name, so its unlikely people would actually even pay them royalties so they probably don't care. As for the other stuff beth can't legally produce a contract on behalf of armalite. Armalite would need to be privy to the agreement and fully aware of its contents before also agreeing to it. Basically bethesda can't claim they have no responsibility for publishing copyright violations. Even if the mod author signs the agreement armalite did not so they could bring whoever they want to court and would most likely target bethesda and their substantially fatter pockets if they actually cared enough to pursue legal action over something like that (they dont). You can't absolve yourself of responsibility for damaging one party because a different party agreed to the agreement lol. (hey jim! sign this contract that absolves me of responsibility for any injuries fred suffers after i punch him!)Ahh ok not a lawyer and I definitely see what you mean about them wanting essentially free advertising. I still say that some legalese will be in that contract when ever you sign up to creation club. Link to comment Share on other sites More sharing options...
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