Music replacement and copyright issues

[dra6o0n]

Can't you make a profile for the file on TesNexus but link it to your site? That way, they aren't downloading it off TesNexus.

[VictorZio]

My stance is this - I dont care about the opinions of anyone with more money than myself. In my opinion, no one is going to come down on a mod for Fallout 3 for including copyrighted music. All of the music in various Battlefield Vietnam mods is copyrighted - no one bothered them.

 

Star Wars mods - same thing.

 

The worst that can happen is an email to the hosting site asking them to remove the material. No big deal.

No, the worst that could happen is the people or companies that own the music sue for illegally distributing their property, and the Nexus forums as hosts are forced to close the site because someone blatantly ignored the rules and put up copyrighted material.

 

Simply stating you don't care that it's illegal doesn't make it legal.

 

I don't see why this is an issue, though, unless people are planning on doing recent music or something that is definitely copyrighted. There is a large amount of free music out there totally free of copyright or having a Creative Commons or similar license that allows redistribution so long as it's not for profit. Especially concerning older music, from the 40s and 50s, which would make the most sense for the Fallout universe.

 

My point was that this scenario simply isnt going to happen. Furthermore, I'd be willing to bet that any offended parties would write a legal mumbo jumbo email or letter to the hosts before taking any legal action.

 

Take a look at the Pirate Bay, and their legal threats section. Companies dont simply sue, they threaten and warn before attempting any action. This isnt some guy downloading on a P2P network we're talking about, its an established website with its own bandwidth. They would fire off an email, and the offending content would be taken down. Thats IF someone actually bothered to complain about the material, or (extremely rare chance..) someone from the offended company downloaded the content.

 

I find the different stances people take on the whole copyright issue, without knowing anything about actual instances of lawsuits regarding it. Its either "THEY'LL NEVER CARE LUL" or "ZOMG THEY WILL SUE U DUMASS!" Both of those are incorrect.

 

Like I said - if any copyrighted material is ever posted on a mod site, and isnt moderated by the proper channels, AND it happens to leak back to the owners of the IP - you could expect an email from their Legal department before anything else. No Blitzkrieg lawsuit tactics, I'm afraid.

[LHammonds]

Here is your official reply:

 

Do not upload copyrighted material in its original form or modified unless you have explicit permission from the Intellectual Property (IP) holders.

 

If a lawsuit is brought up, it will not be TESNexus or the staff that will see legal action, it will be the person who uploaded it.

 

In all likeliness, Dark0ne would get a notification to have it removed and he would comply. If the matter were pursued further, he may even give up the member's IP address to law enforcement officials. But either way, it is stated that YOU are responsible for what you upload to this site, not the site owner or staff because we cannot know about everything that is uploaded on a community-driven file site such as this. Do not expect IP holders to not sue you. I believe Metallica and Disney lawyers were/are quite zealous in their pursuits (even individuals).

 

However, if it is reported to us (and proof given that it is copyrighted material) then we will take it upon ourselves to remove the content and possibly ban the member that uploaded it.

 

This goes for all material (music, sound bytes, textures and models).

 

Telling us "hey, this file has illegal music in it" will not likely get the file taken down unless a staff member happens to have the materials and knowledge of the files and can verify its contents and source. We once had a member report each and every music file as illegal but did not provide any proof so we were not able to validate those claims and eventually ignored the rest of his/her reports that had no research facts. Same goes for models and textures. If you report theft, bring proof. We assume innocence until proven guilty...the only exception is "if" we can prove it ourselves if you do not provide the proof.

 

Uploading content from another game falls under this same rule and is not allowed unless you have explicit permission to do so. I even have this noted in the "Frequently Asked Questions" topic that is pinned to all the Fallout 3 File forums (including this one)

 

LHammonds (File Admin)

[VictorZio]

Do not upload copyrighted material in its original form or modified unless you have explicit permission from the Intellectual Property (IP) holders.

 

No one is going to get permission from anyone, come on now.

 

If a lawsuit is brought up, it will not be TESNexus or the staff that will see legal action, it will be the person who uploaded it.

 

Which is a non-issue, since no one is going to sue over some mp3 included in a mod release.

 

Do not expect IP holders to not sue you. I believe Metallica and Disney lawyers were/are quite zealous in their pursuits (even individuals).

 

Yeah, sure they were. They still are. However, no one is going to use Metallica or Disney in a Fallout 3 mod. In fact, I can't think of too many instances where modern IPs are used for content.

 

However, if it is reported to us (and proof given that it is copyrighted material) then we will take it upon ourselves to remove the content and possibly ban the member that uploaded it.

 

Thats a little extreme. If anyone uploads copyrighted content, I'm sure it isnt to be an 3lit3 pirate. Just take down the material, and no one would complain.

 

Telling us "hey, this file has illegal music in it" will not likely get the file taken down unless a staff member happens to have the materials and knowledge of the files and can verify its contents and source. We once had a member report each and every music file as illegal but did not provide any proof so we were not able to validate those claims and eventually ignored the rest of his/her reports that had no research facts. Same goes for models and textures. If you report theft, bring proof. We assume innocence until proven guilty...the only exception is "if" we can prove it ourselves if you do not provide the proof.

 

Snitches should be banned. The only reason to complain about copyright if you do not work for the respective company is to destroy the modding community.

 

 

 

Anyways, it probably will never become an issue. If it does, I'll host a small modding site where people can upload whatever they want, so long as it isnt virus-ridden.

[LHammonds]

DispenserDown asked and I explained the Nexus position on the matter. You might want to review the Terms of Service of this board about publicly calling into question the actions of the staff.

 

But just to humor you a bit, I will reply to your points. But be warned that I have the final say. Do not reply on this subject further.

 

No one is going to get permission from anyone, come on now.

Talking in absolute terms begs to be blown out of the water. For example, I got permission from the Editor-in-Chief at PC Gamer magazine to scan and distribute this page from their magazine.

 

Which is a non-issue, since no one is going to sue over some mp3 included in a mod release.

It is not your call or your place to give anyone this advice and I feel sorry for anyone that believes this.

 

Yeah, sure they were. They still are. However, no one is going to use Metallica or Disney in a Fallout 3 mod. In fact, I can't think of too many instances where modern IPs are used for content.

The same could be said for Oblivion yet there they were uploaded for all to see (multiple times). More proof that you do not know this sites history or what members will do.

 

Thats a little extreme. If anyone uploads copyrighted content, I'm sure it isnt to be an 3lit3 pirate. Just take down the material, and no one would complain.

It is a rule. EVERYONE agrees to these rules before they sign up for an account and they are held accountable for those rules, even if they change over time. We have had several situations where files were removed and the member warned yet more was uploaded over and over again. We may not ban the person automatically but then again, we might. Would you be willing to take that chance? (Rhetorical question)

 

Snitches should be banned. The only reason to complain about copyright if you do not work for the respective company is to destroy the modding community.

"Snitches" are actually the reason this site is loved. If it were not for the community watching over itself and using the report button, this place could turn into chaos. Not because there are so many bad apples but because letting a bad apple sit in the middle of a barrel of good apples will eventually taint the majority of the whole batch. It is far better that we take care of our own rather than letting it progress to the point that the police are asking for member information. In all of my time here as a moderator, there has not been a single occurrence where the law got involved. You might say it is because companies "don't care" but the honest truth is that these "snitches" acted quick enough to keep these companies / lawyers from finding out...thus protecting this site from bad press as well as keeping the offender out of court.

 

Anyways, it probably will never become an issue. If it does, I'll host a small modding site where people can upload whatever they want, so long as it isnt virus-ridden.

Be my guest. But do not advertise your site on this site or you will find the door closed on you faster than you can say "wait"

 

Since the OP's question is answered, I am going to close this topic to keep anyone from saying something they shouldn't so they can keep on enjoying this site.

 

LHammonds (File Admin)