LE Continuing another authors Mod

[DrakeTheDragon]

I hate to break it to you all, but no person has any legal claim to any mod or work they've published on this or any other site. It's clearly stated in the terms of use of the creation kit and the game itself. That means no (winning) lawsuits. Bethesda could, if they wanted to, release one of your mods as a DLC published by Bethesda, charge for it, require the nexus to take it down from the site, and compel you not to re-release it on any site. If you did, you would be sued, and you would lose.

 

The only thing that protects mods and their authors is mutual respect. What if a mod author got called in to war and simply couldn't be at a computer?

 

I really like the tickbox idea moving forwand. Obviously mods that were published before that tickbox appears are off limits. It sucks, it would be great to get an update on an awesome mod that the original author probably doesn't care about anymore anyway, but we just cannot justify taking that chance. It's about mutual respect.

 

Re-read the EULA.

 

Non-exclusive rights =/= ownership.

[tg08096]

I hate to break it to you all, but no person has any legal claim to any mod or work they've published on this or any other site. It's clearly stated in the terms of use of the creation kit and the game itself. That means no (winning) lawsuits. Bethesda could, if they wanted to, release one of your mods as a DLC published by Bethesda, charge for it, require the nexus to take it down from the site, and compel you not to re-release it on any site. If you did, you would be sued, and you would lose.

 

The only thing that protects mods and their authors is mutual respect. What if a mod author got called in to war and simply couldn't be at a computer?

 

I really like the tickbox idea moving forwand. Obviously mods that were published before that tickbox appears are off limits. It sucks, it would be great to get an update on an awesome mod that the original author probably doesn't care about anymore anyway, but we just cannot justify taking that chance. It's about mutual respect.

 

Re-read the EULA.

 

Non-exclusive rights =/= ownership.

 

From the Creation Kit EULA:

 

If You distribute or otherwise make available New Materials, You automatically grant to Bethesda Softworks the irrevocable, perpetual, royalty free, sublicensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the New Materials (or any part of the New Materials) in any way Bethesda Softworks, or its respective designee(s), sees fit. You also waive and agree never to assert against Bethesda Softworks or its affiliates, distributors or licensors any moral rights or similar rights, however designated, that You may have in or to any of the New Materials. If You commit any breach of this Agreement, Your right to use the Editor under this Agreement shall automatically terminate, without notice.

 

From what I understand, this portion of the agreement is stating the following:

 

1. No person has any legal claim to any mod or work they've published on this or any other site.

Edit: Against Bethesda, so a modder could sue and possibly win against another modder

 

2. Bethesda could, if they wanted to, release one of your mods as a DLC published by Bethesda, charge for it, require the nexus to take it down from the site, and compel you not to re-release it on any site. If you did, you would be sued, and you would lose. Edit: Pretty sure this still stands but we weren't talking about Bethesda anyway.

 

 

Well I guess you're right, I learned something new today. Thanks, I feel (a little bit) better now.

[Natterforme]

I hate to break it to you all, but no person has any legal claim to any mod or work they've published on this or any other site. It's clearly stated in the terms of use of the creation kit and the game itself. That means no (winning) lawsuits. Bethesda could, if they wanted to, release one of your mods as a DLC published by Bethesda, charge for it, require the nexus to take it down from the site, and compel you not to re-release it on any site. If you did, you would be sued, and you would lose.

 

The only thing that protects mods and their authors is mutual respect. What if a mod author got called in to war and simply couldn't be at a computer?

 

I really like the tickbox idea moving forwand. Obviously mods that were published before that tickbox appears are off limits. It sucks, it would be great to get an update on an awesome mod that the original author probably doesn't care about anymore anyway, but we just cannot justify taking that chance. It's about mutual respect.

 

Re-read the EULA.

 

Non-exclusive rights =/= ownership.

 

From the Creation Kit EULA:

 

If You distribute or otherwise make available New Materials, You automatically grant to Bethesda Softworks the irrevocable, perpetual, royalty free, sublicensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the New Materials (or any part of the New Materials) in any way Bethesda Softworks, or its respective designee(s), sees fit. You also waive and agree never to assert against Bethesda Softworks or its affiliates, distributors or licensors any moral rights or similar rights, however designated, that You may have in or to any of the New Materials. If You commit any breach of this Agreement, Your right to use the Editor under this Agreement shall automatically terminate, without notice.

 

From what I understand, this portion of the agreement is stating the following:

 

1. No person has any legal claim to any mod or work they've published on this or any other site.

Edit: Against Bethesda, so a modder could sue and possibly win against another modder

 

2. Bethesda could, if they wanted to, release one of your mods as a DLC published by Bethesda, charge for it, require the nexus to take it down from the site, and compel you not to re-release it on any site. If you did, you would be sued, and you would lose. Edit: Pretty sure this still stands but we weren't talking about Bethesda anyway.

 

 

Well I guess you're right, I learned something new today. Thanks, I feel (a little bit) better now.

 

 

So if I am reading this right, this means that Bethesda can assert control over the use of an esp file for the ability to use the CK. If you break the agreement you cant use the CK. Does this mean that if you make new models and textures those are entirely yours? Its been awhile since I read the terms of service for CK but I remember most of this. Thats why I dont upload to Steam.

 

-Natterforme

[Deleted82156User]

 

From what I understand, this portion of the agreement is stating the following:

 

1. No person has any legal claim to any mod or work they've published on this or any other site.

Edit: Against Bethesda, so a modder could sue and possibly win against another modder

 

No, what it means is that Bethesda can at any point claim legal ownership on their assets. This statement covers the improper use of Bethesda's assets such as selling and making money from their own created assets. That is a pretty standard legal statement.

 

What it doesn't mean is that the mod authors have no rights to any content they create. What it also doesn't mean is that the public has rights to a modder's work. :no: This is a complete misperception.

 

This is an agreement between Bethesda and a modder. It is not an agreement between Bethesda, the modder and the public or other modders. The PUBLIC has absolutely NO rights to a mod, period. NO rights in this at all, period. Just because a legal agreement exists between a modder and Bethesda doesn't mean that either Bethesda or the modder waive all rights to the public. That just makes no sense.

 

The only people who can legally stand up in a court of law are Betheda AND the modder that created the work under dispute.

 

This idea that modders do not have any claim on their own work because Bethesda and the modder have a legal agreement, is illogical. The public has nothing to do with this, no rights and no claim to any mod ever created period.

 

I realise I repeated myself a few times here, that was simply because some folks are ignoring or misunderstanding. Some folks don't want to understand, they think they have some god given right to someone elses hard work or even a Bethesda given right to someone elses hard work. That is just ludicrous and illogical.

 

2. Bethesda could, if they wanted to, release one of your mods as a DLC published by Bethesda, charge for it, require the nexus to take it down from the site, and compel you not to re-release it on any site. If you did, you would be sued, and you would lose. Edit: Pretty sure this still stands but we weren't talking about Bethesda anyway.

 

They could, however they could face a lawsuit from the creator of that work as well. Have you all not noticed that things are gray? Bethesda has never stood up and stated without doubt that they legally own every mod created. Because they cannot. This whole area is tiptoed around and best left that way. But the sooner people realise that the CK agreement doesn't give the public license to do what they want with other peoples work, the better. The more peaceful the community where everyone knows where they stand and respect is given where it is due.

Edited December 1, 2012 by Guest

[ArronDominion]

It would be in Bethesda's best legal interest not to own all mods created using the CK anyway, since some of the content in some could get them legally liable since they portray assets from other games.

[Edg3k]

Wow this topic went on WAY after i stopped paying attention to it :D