Zaure - Formal warning issued

[zcul]

Zaure has received a formal warning. This user has now received 1 formal warnings. The warning was given for the following reason:

 

Upload of a mod containing the files by another author without providing the original author‘s permission for modification, use and redistribution.

The uploader actually ignored the original author’s
• general request to be asked for permission before modification, use and redistribution of her/his assets („Credits and distribution permission“) and
• explicit prohibition from use of her/his assets without permission (original mod description/“Licensing/Legal“):
"You are not allowed to reuse parts, redistribute the files or release modified versions of this mod without my permission."

Uploader’s „Credits and distribution permission“ (excerpt):

„Other user's assets
All the assets in this file belong to the author, or are from free-to-use modder's resources
Upload permission
You can upload this file to other sites but you must credit me as the creator of the file

Modification permission
You are allowed to modify my files and release bug fixes or improve on the features without permission from or credit to me

Conversion permission
You can convert this file to work with other games as long as you credit me as the creator of the file

Asset use permission
You are allowed to use the assets in this file without permission or crediting me“

The uploader has not provided the original author’s sub licence that allows her/him to give general permission for upload to other sites, further modification, conversion to other games and use of the original author’s assets in the file.

Uploader’s description (excerpt):
„(Original mod, which is now half-broken and abandoned, and whose author has not signed in in over 5 years (no way to contact him): (https://www.nexusmods.com/oblivion/mods/30586/)“

Remark

There is no such thing like a „dead man’s clause“ in the File Submission Guidelines. Although the original author has not been active on the site for a long time and/or cannot be contacted for whatever reason, s/he still has the right to control the usage of her/his assets that must not be redistributed on the site without her/his general or explicit permission.

File „Never Die Fixed 2019“ removed.


Terms and conditions/Policies and Guidelines/File Submission Guidelines (excerpt):
https://help.nexusmods.com/article/28-file-submission-guidelines

Usage and Accreditation

Submissions must conform to the following guidelines:

• Submission of existing user-submitted content without obtaining permission from the original author(s) of said content is strictly prohibited.
• Proper credit to the original author(s) must be given unless the author(s) has/have specified that credit is not necessary. Please, be aware that the mere accreditation of an author is no substitute for receiving explicit permission to upload or modify someone else’s content.
• The uploader is responsible for understanding the legalities involved when using copyrighted work and submissions that contain such content may be removed.

Reference
This warning was issued for what took place here, here



Restrictions in place
As part of the warning, Zaure has had the following restrictions placed on his or her account:

This user cannot upload files for 7 days



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