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Importing models from F3 to FNV


NamelessVisitor96New

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Before you spend a lot of time on this, many of the assets in FO3 are already available in FONV. Even those not used in the game - Obsidian only removed the assets that were copyrighted by 3rd parties. :thumbsup:

 

As for those that are copyrighted and not included, the same rule that Bethsoft has always used applies. No porting assets from other Bethsoft games allowed. :sad:

 

If you don't upload the mod with these copyrighted assets - no problem, you can do whatever you want on your own computer. OR, if you do want to upload, recreate the asset from scratch - and just changing a few nodes in the mesh or using a different color on the texture won't fly. :dry:

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The important thing o remember this is a Nexus rule, not a legal rule. Control of intellectual property is never absolute, no matter what a user end agreement might say to the contrary, and given the matrix of owning the games in question, the fact the mod is not for profit (I hope), the potential for transformativeness by the port (porting the meshes in and of themselves might no do this, but as a part of a larger, more thoughtful mod it certainly could), any case the Bethesda actually brought to court could be summarily dismissed, and would have no chance to reach a verdict in favor of Bethesda. It clearly falls under Fair Use. Then also, what this borrowing would amount to would be comparable to sampling, which though is not without controversy and litigation, is substantially protected under fair use law. Nexus' policy is to avoid any chance at being named a contributory infringement, that is being guiltless of copyright infringement themselves, nonetheless facilitated other doing it. This is a legally sound, though an utter act of cowardice. But not everyone loves to fight the way I do. In any case, controlling a property through litigation requires burden of proving harm, and a mod like this would not meet that test by any reasonable person (and the legal stand in for such).

 

There are workarounds however. look at the Legitimate Fallout 3 DLC Conversions -DLCC-

 

This has stood because only ESM files are there, bu they are useless without the mesh files, which are not included. In other words, if the downloader doesn't have the meshes on their home system (by purchasing the game as they should) to manually put in New Vegas, the mod is useless. The mod itself would not be useful, but the methodology for doing a home port of the meshes to make it work could.

 

And to be on the ultra safe side, I've found almost all of the vanilla fallout 3 weapons make appearances (or reasonable new meshes thereof) in Project Nevada. I've killed Nightkin with Chinese pistols, killed Divide critters with Combat Shotguns, and worn an Outcast 45b armor in World of Pain, which is another mod all together. In short, for you to do a mesh and mechanic port is entirely unnecessary, almost all the work has been done, and done in ways that did not violate Nexus' posting rules. Just.....keep and eye out, and you'll find them.

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The important thing o remember this is a Nexus rule, not a legal rule. Control of intellectual property is never absolute, no matter what a user end agreement might say to the contrary, and given the matrix of owning the games in question, the fact the mod is not for profit (I hope), the potential for transformativeness by the port (porting the meshes in and of themselves might no do this, but as a part of a larger, more thoughtful mod it certainly could), any case the Bethesda actually brought to court could be summarily dismissed, and would have no chance to reach a verdict in favor of Bethesda. It clearly falls under Fair Use. Then also, what this borrowing would amount to would be comparable to sampling, which though is not without controversy and litigation, is substantially protected under fair use law. Nexus' policy is to avoid any chance at being named a contributory infringement, that is being guiltless of copyright infringement themselves, nonetheless facilitated other doing it. This is a legally sound, though an utter act of cowardice. But not everyone loves to fight the way I do. In any case, controlling a property through litigation requires burden of proving harm, and a mod like this would not meet that test by any reasonable person (and the legal stand in for such).

 

There are workarounds however. look at the Legitimate Fallout 3 DLC Conversions -DLCC-

 

This has stood because only ESM files are there, bu they are useless without the mesh files, which are not included. In other words, if the downloader doesn't have the meshes on their home system (by purchasing the game as they should) to manually put in New Vegas, the mod is useless. The mod itself would not be useful, but the methodology for doing a home port of the meshes to make it work could.

 

And to be on the ultra safe side, I've found almost all of the vanilla fallout 3 weapons make appearances (or reasonable new meshes thereof) in Project Nevada. I've killed Nightkin with Chinese pistols, killed Divide critters with Combat Shotguns, and worn an Outcast 45b armor in World of Pain, which is another mod all together. In short, for you to do a mesh and mechanic port is entirely unnecessary, almost all the work has been done, and done in ways that did not violate Nexus' posting rules. Just.....keep and eye out, and you'll find them.

 

You are confused about fair use. I suggest that you read a few legal sources, and you will find that your interpretation of fair use (in particular, your assumptions about non-profit use and transformativeness) will not fly in any courts.

 

A good read: Top 10 Copyright Myths

 

One more thing to remember: in the USA and in the UK, the proof of burden falls on the defendant if he or she intends to rely on 'fair use' as a defense. And while the defendant tries to prove the 'fair use' claim, the costs of the legal proceedings must be paid. The legal department of a big publisher like LucasArts or Bethesda can shrug off these costs, but an individual may not be as nonchalant when the bill from the lawyers slips out from the envelope.

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True, the burden of fair use itself is in the defendant, but fair use is on a rough sliding scale dependen on a bunch of things, the most important being transformativeness, then issues of profit (not for profit stuff like this has a much easier time of it) and then at the bottom is market substitution and harm. Proving harm is on the plaintiff, though the standard of proof is less than for a prosecutor in a criminal case. As I said too, sampling is largely protected under fair use though there is still some resistance in the industry.

 

Having read te basics of the Betamax case, this kind of PC modding is more or less time shift for a person owning both games. Console modding is different due to the ubiquitous encryptions, thus why I refuse to play anything on consoles as a rule, but any injuction Bethesda would try to enforce would be on shaky ground. a port of meshes within a game franchise like fallout by all logic could not be construed as derivative work because it's the same damn story. In that case fair use wouldn't apply because fair use is a justified breach of copyright, and at least in terms of Fallout 3 objects to New Vegas, Vegas being the sussessor of FO3, it's appropriate use of licensed materials. This is very new legal territory, because in non interactive media these questions had never needed to be raised, but the logic of any sort of copyright violation hinges upon derivative work.

 

As to the costs of litigation, you are correct, but it's not that I didn't know, it's that I don't give a rat's ass. Even if such policies were legal, and given everything I have read on fair use statues, it's not, it is highly unethical. Moreover, the Constitutional mandate for intelectual property is quite clear that the rights to profit are preserved to the individual only for the benefit of the common good. In other words, copyright has never been about control an author or right holder has over the work, but infringement on profit. If a law explicitly protects copyright beyond that, it's flat out unconstituional. Courts however are more likely to rule the laws cited by the plaintiff do not apply. As such, these stipulations are unjust and they need to be dismantled. It's a free speech issue in one of the few ways that applies to private citizens as well as the government. First amendment does not regulate private contracts, but intellectual property articles do.

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@NamelessVisitor96New

 

Go google "porting from fallout 3 to fallout new vegas", then the top result should be a youtube video named similar. The guy shows you exactly what it seems you're asking for (uploaded by ITZCAMDA1). I'd post the link but I aim to avoid any possible trouble on here.

 

OF COURSE I GIVE YOU THIS FOR PERSONAL USE ONLY, I DON'T MEAN TO BREAK ANY RULES OR HELP ANYONE ELSE TO DO SO. HOPE IT HELPS.

Edited by SKYZOO
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@charwo I think you missed the entire point. We really don't care what you do on your own computer. We do care what you upload here. A lawyer may (most likely) ignore a single individual as not worth the financial or time cost of a lawsuit. However, a site like The Nexus is a much bigger target - if we start allowing uploading mods with copyrighted content, do you think the law dogs are going to go after some kid with no income? or The Nexus for facilitating that copyright infringement? You may not care if The Nexus gets sued out of existence. We do.

 

I warn people about that kind of infringement not because I hate them, or love the big copyright monopoly companies, but to try to keep them from being banned because they don't know our policy.

 

If you have been following the Megaupload circus - Megaupload is being sued for facilitating copyright infringement. While the actual infringers are getting a free pass. - you have seen just how 'fair' the US justice is. Megaupload is being dragged slowly through the system, not because they think they can get a conviction, but because it costs Megaupload millions to defend themselves, while the prosecution is paid for by US taxpayers. And the longer the Justice department can drag it out, the more it will cost Megaupload - and the taxpayers. :pinch:

 

As for using content from one Beth game in another - Beth does not own the copyright to all of the assets in a game - they licensed some of that content from third party developers for EXCLUSIVE use in ONE game. If they allow it to be used in a mod for a different game - They could be sued for allowing it's use in more than one game - violating the license they have with people that they have an ongoing business relationship with and jeopardizing any future licensing deals with other third party developers. They have requested that assets from one game not be allowed in mods for another, and we honor that request.

 

If you really want to split legal hairs over this, I recommend taking it up with a copyright lawyer as we are not going to change our policy until the law is changed. And I'm not going to hold my breath waiting for that to happen. :ermm:

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