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Lady Body mod taken down from nexus?


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its funny that darkone defends the open modding on Beth Forums but the trolls and mods in his own forum hates this

 

"Do as I say, dont do as I do"

 

Well its simple really, the Nexus tries to be respectable and so cannot accept what are materials taken from other places that lack permission.

 

However modding always been very much on the legal line, years ago people were rather open but then, thanks a lot to prima donna and attention whoring, things started to change.

 

I understand Nexus position but I also understand because modding is becoming harder and harder due to technical advances and people are less and less likely to spend days of their time in making a mod if they are trying to put too many rules and regulations, people will just find another place.

 

If they continue with their policies they are just setting themselves to be irrelevant because other places will offer more variety.

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If they continue with their policies they are just setting themselves to be irrelevant because other places will offer more variety.

 

This.

 

But you want to hear something funny?

 

Before I started making race mods for Skyrim, I sat down in my attorney's office for half-a-day listening to a single legal argument that blew EVERY scenario I could come up with for getting sued out of my ass.

 

And it was so simple, I couldn't fathom why the Nextard legal team hadn't figured it out for themselves:

 

The last bit of the meeting went something like this:

 

Trykz: "so, Roger.... what if I use a piece from someone else's Oblivion work for Skyrim, and the original creator throws a fit and threatens to sue me?"

 

Roger: "does the creator of the piece own Oblivion?"

 

Trykz: "well, no..... Bethesda does"

 

Roger: "and they own both games, and allow the modification of either, right?"

 

Trykz: "yes"

 

Roger: "then the creator relieved himself of any right to copyright claim by creating a derivative work for a primary work that belongs to someone else, after the owner of the primary work released said work into the fan community to modify as they wish"

 

Trykz: "fuckin' English please, Roger?"

 

Roger: "when Bethesda said to it's apparently sizable fanbase 'here's a game, modify it if you want, we're fine with it and won't sue your ass off', they released everyone who creates derivative works from any claim to copyright"

 

Trykz: "WTF?"

 

Roger: "basically, anything you create becomes the child, and the game is it's parent. Simply put, in order to sue the child, you need to acquire the parent to sue on your behalf. Fortunately, when Bethesda released everyone from liability for modifying the parent, they also released any children of that parent from any right to copyright claim"

 

Trykz: "wait, say I want to create a derivative called Moonshadow Elves, and I use parts from the work that was made for the earlier game that are modified to work in the newer game, can I be sued for using them or for re-using the name of the original work?"

 

Roger: "no. And a name CANNOT be copyrighted. Just like I can't sue others for naming their child Roger, you can't be sued for naming your child work Moonshadow Elves"

 

Trykz: "so I'm good then?"

 

Roger: "yes..... however, you should try to avoid using anything that could spark conflict"

 

Trykz: *shrug*

 

Roger: "nevermind..... just call Janice if you need any information beyond this, or if you're unsure about anything"

 

Trykz: "cool, Janice is hot....."

 

Roger: "you're married, and so is she....."

 

Trykz: "FUCK!!!..... can I get sued??"

 

Roger: "yes, and you'll need a lawyer..... so take this card..... haha"

 

Trykz: "fuck you Roger..... bill me"

 

And this was why Nexus couldn't find reason to ban me for using the ears from the original Moonshadow Elves mod. Because THAT person used those ears after they were released by someone else as an open resource, who made them specifically for use with Oblivion, which Bethesda allows people to mod.

 

It's a lot of technical bullshit. But seriously, no one is about to make millions by suing a modder, because they can't legitimately sue. They can try (which can get expensive), but after the lawyers wink at the judge, it'll get dismissed for exactly the reason stated above.

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Nice explaination Trykz :P

It's the same deal with mods for the sims... I really don't know how they can get away with selling mods for a game they don't own, but I guess EA doesn't care. And it's always so funny when they threaten copyright. It's just as you said above, they have no case.

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All she ever did was talk smack on the Nexus. I enjoyed her LB mod but every time I visited her blog it was full of hate towards nexus community. I don't understand the negativity towards Nexus. I've used the site for years, respectfully. Hopefully in the future, Krista will post her mods here where they can actually be downloaded.

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Trykz: "so' date=' Roger.... what if I use a piece from someone else's Oblivion work for Skyrim, and the original creator throws a fit and threatens to sue me?"

 

Roger: "does the creator of the piece own Oblivion?"

 

Trykz: "well, no..... Bethesda does"

 

Roger: "and they own both games, and allow the modification of either, right?"

 

Trykz: "yes"

 

Roger: "then the creator relieved himself of any right to copyright claim by creating a derivative work for a primary work that belongs to someone else, after the owner of the primary work released said work into the fan community to modify as they wish"

 

Trykz: "fuckin' English please, Roger?"

 

Roger: "when Bethesda said to it's apparently sizable fanbase 'here's a game, modify it if you want, we're fine with it and won't sue your ass off', they released everyone who creates derivative works from any claim to copyright"

 

Trykz: "WTF?"

 

Roger: "basically, anything you create becomes the child, and the game is it's parent. Simply put, in order to sue the child, you need to acquire the parent to sue on your behalf. Fortunately, when Bethesda released everyone from liability for modifying the parent, they also released any children of that parent from any right to copyright claim"

[/quote']

 

Let me get this straight: I'm all for open modding and that everything some modder does can be reused by other with the proper attribution.

 

But what you wrote is BS imho from a legal point of view. Just because Beth says their game can be modded doesn't means that any work others do is not copyrighted. Mods are not changed versions of Skyrim like your post implies but independent works that can be used by those games. Some mods are even created without using any of Beth's tools, so there is no contract or legal binding between Beth and the modder whatsoever which could put in restriction on publishing/copyright.

But even then, afaik Beth does _not_ say that all work done with the CK is owned by them.

 

In the country where I live in the protection for the creator is even stronger: It is impossible to waive the copyright for any work you create, so of course any clauses in contracts which would demand such a thing would be void. Doesn't matters in this case however.

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Not long ago there was a group of student taking a trip all togeher to Dinsey. During the trip a girl started to sing some musical tones without lyric and she was followed by her student partners. Someone recorded this with his/her cellphone and uploaded it to youtube as it daily happens in this currect modern society. A little after a band made a song, which I don't remember right now, that got quite internationally popular but those students remembered the musical tones and recognised that was their trip song moments. The girls and her fellow students partners initiated a demand which successfully resulted in favors of the kids even if they are not in the music bussiness as either made a copyright contracted in the first place. The factor or element that was used to recognised the girl's rights is Intelectual Property which is quite used in several trials and demands and it is not something new.

 

Is it Illegal to Mod a Game?

 

Well' date=' it depends. Modding is a legal grey area and there aren't always hard and fast rules when it comes to mods but there are a few general rules that you should adhere to:

 

1. In general, the EULA decides what is legal or not legal. If the EULA says you can't do something, you can't. Most EULAs will tell you that it is illegal to decompile a game, for example. In this case, if the publisher hasn't created any mod tools or made assets available to the end-user, it is illegal to reverse engineer the game to mod it. Just because you're not allowed to decompile a game doesn't mean you're not allowed to mod it, however; you just have to read the license to see what's permissible.

2. It is illegal to redistribute a game or portions of a game. In other words, you can't include any of the original assets from a game with your mod. That's copyright infringement. In order to use a mod, the player has to own the original game. Your mod can only substitute custom (original, made by you) or modified versions of an asset, not the original asset. It is okay, for example, to distribute a new 'skin' (texture on the outside of a model) but not the original model that is being re-skinned. The user has to own a legal copy of that model, which they received when they purchased the game.

3. Generally, it is illegal to sell mods. Even if the publisher creates mod tools and encourages you to mod their games, it is pretty much universally illegal to sell your mods, so don't even try. Most publishers are very strict about this. Some publishers, Epic, for example, allows you to buy a license to sell games made using their engine, however, and the rates are very reasonable. If you are interested in creating and selling games using an engine I recommend you look into UDK, Unity, and CryENGINE 3 for starters.

4. It is illegal to mod online multiplayer games. Mods that give you an unfair advantage in a competitive online game are pretty much universally illegal. Depending on the game, you may be able to make mods of single-player elements, however.

5. It is generally illegal to create mods using another person's intellectual property (IP). This is another type of copyright infringement. Basically, it is generally illegal to create a Star Wars or Batman mod without permission from the owner of the IP. This has to do with branding issues: the owners of these properties don't want people receiving undesireable impressions of their properties. Fan fiction suffers from the same sort of restrictions. To be honest, a lot of people get away with mods of this sort, at least for a while, so you will see them all over the place. Copyright holders generally won't bother interfering with mod makers until the mod becomes very popular or the mod depicts the property in an unflattering light. If you want to pursue this sort of thing, just remember that the owners have every right to issue you a cease & desist.

6. It is also illegal to create a mod that recreates another game, even an earlier game in a series. This falls under copyright infringement as well. These sorts of mods are also popular. Some publishers don't mind if you try to recreate an earlier game in their series with a newer engine but others take it very seriously. When in doubt, ask at the mod forums to see how a company will respond to this kind of mod.

 

Source: HubPages: Modding Video Games

 

 

 

Modder: How can I copyright/protect my mods that I publish to the internet for download? I don't want anybody taking my ideas' date=' plus I am going to be a game designer. I am thinking about making a website with adobe dreamweaver.

 

User1: What can copyrighted:

- The unrealscript code you write. Practically this really depends on the complexity of what you do, because if you do something simple like replace weapons, everyone does that in pretty much the same way. Hardly anything copyrightable there as there's only one way to do that;

- map layout;

- storyline, if there's any;

- custom assets;

 

Now, the most interesting part for any mod, ideas:

Ideas are ideas. They can not be copyrighted or patented. If you make a mod using some idea, you let the bird out of the cage - anyone can do the same. Hence why there so much farm managers out there - different names, different art, yet pretty much the same gameplay because the thing is popular, idea is out there and all you need is to write the code and make an art. The only thing you can protect is how this idea is implemented and this can be done only with a patent, which costs a lot and takes quite a time to obtain.

 

Modder: I am going to make a website. My mods are pretty complex and have alot of coding/programming. Would a mod that replaces all weapons with complete different weapons(3d model, what it does, everything is different), be copyrighted?

 

I am planning on making plenty of very complex mods including maps.

 

How do I tell/label that it is copyright to me? How/Who do I report if someone actually steals my ideas without permissions or I said no?

 

User2: Wasn't it so that anything you make for Unreal Tournament automatically belongs to epic games ?

 

User3: No. (Where the hell does that stupid idea even come from?)

 

If you want the full storry, read the UT3 EULA.

 

The interesting part is this:

 

 

1. The Software includes an editor and associated tools and utilities (the "UnrealEd"). UnrealEd is a really cool feature which allows you to modify the Software or to construct new variations for use with it. These modifications and variations can be both playable and non playable. UnrealEd is NOT shareware. You may not freely distribute it to any BBS' date=' CD, floppy or any other media. You may not sell it or repackage it for sale.

2. Using a licensed copy of UnrealEd, you may create modifications or enhancements to the Software, including the construction of new levels as well as computer-generated linear story animations or other forms of emergent gameplay (sometimes called Machinima), (collectively referred to as "Mods"), subject to the following restrictions:

1. Your Mods must:

1. only work with the full, registered copy of the Software, not independently or with any other software, or

2. If Machinima, only be recorded to film/file for replay/reproduction. Machinima Mods must display the "Powered By Unreal Technology" logo as a watermark in one of the lower corners of the screen at startup for a minimum of 10 seconds and carry the legal text: POWERED BY UNREAL TECHNOLOGY logo is a trademark of Epic Games, Inc. The logo file is found at http://udn.epicgames.com/Main/TrademarksAndLogos.html.

2. Your Mods must not contain modifications to any executable file(s).

3. Your Mods must not contain any libelous, defamatory, or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party, nor may your Mods contain, or be used in conjunction with, any trademarks, copyright protected work, or other recognizable property of third parties, nor may your Mods be used by you, or anyone else, for any commercial exploitation including, but not limited to: (a) advertising or marketing for a company, product or service.

4. Your Mods shall not be supported by Midway, Epic or any of Epic or its publishers' affiliates and subsidiaries, and your Mods must include a statement to such effect.

5. Your Mods must be distributed solely for free, period. Neither you, nor any other person or party, may sell them to anyone, commercially exploit them in any way, or charge anyone for receiving or using them without prior written consent from Epic Games Inc. You may, exchange them at no charge among other end users and distribute them to others over the Internet, on magazine cover disks, or otherwise for free.

6. The prohibitions and restrictions in this section apply to anyone in possession of the Software or any of your Mods.

3. We just LOVE the idea of you using and distributing content or script from any prior Unreal branded game developed by Epic in your Mod. Therefore we grant you a license to use content from any prior Epic Games Unreal® game in your Mods. For the sake of clarity Epic retains all copyrights and you will not gain any ownership whatsoever in any Epic content or script nor can you use any Epic content or script outside the scope of the rights granted here. Any attempt to do so will bring about the wrath of our attorneys.

[/quote']

 

There's no mention of your creations becoming their property.

In other words: theirs stays theirs and yours stays yours. (If you are under contract with a company, that part may be different, e.g. with a clause that makes anything you create become property of the company you work for.)

 

[edit]

Generally you are on your own if someone "steals" your ideas, code, etc. You can only try applying the power of the legal system, but that's quite a pointless idea to do for something you hand our for free anyway. The other option is publicly shaming the offender by making him known on frequented forums like this one.

Actively protecting your creations is not really possible. Deal with it. Whatever it is that you created, you are releasing it for free, so it can't be that precious.

 

 

 

It's a sad fact' date=' but in some cases content is also being lifted from one mod to another. It's often a misconception that just because a mod is free to download, its contents are also free for you to take and choose from as you wish.

 

Even if a mod is free or not, the creators of any original work included within it (sounds, materials, models, source code) own the copyright for their work. This is true if you are a high-school kid, a corporation, or just some other modder who puts stuff together for fun. Every author gains these rights by default when they create their work.

 

The authors alone can decide how and who may use their work and have the law behind them should they decide to take issue of anything used without permission. If you see something in another mod that would be of use to you in your own mod or map, your first step should be to contact the mod team and then specifically ask the creator of the item your after. They and they alone can give you permission to use their work.

 

If you create contents for mods and don't mind other people using your content, then it could save a lot of trouble and benefit the community as a whole if you release your works under a Creative Commons license. See the Official Website to select a License for your works.

 

Source: Valve: Mod Content Usage

 

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Guest Lady Luck
If they continue with their policies they are just setting themselves to be irrelevant because other places will offer more variety.

 

This.

 

But you want to hear something funny?

 

Before I started making race mods for Skyrim' date=' I sat down in my attorney's office for half-a-day listening to a single legal argument that blew EVERY scenario I could come up with for getting sued out of my ass.

 

And it was so simple, I couldn't fathom why the Nextard legal team hadn't figured it out for themselves:

 

The last bit of the meeting went something like this:

 

Trykz: "so, Roger.... what if I use a piece from someone else's Oblivion work for Skyrim, and the original creator throws a fit and threatens to sue me?"

 

Roger: "does the creator of the piece own Oblivion?"

 

Trykz: "well, no..... Bethesda does"

 

Roger: "and they own both games, and allow the modification of either, right?"

 

Trykz: "yes"

 

Roger: "then the creator relieved himself of any right to copyright claim by creating a derivative work for a primary work that belongs to someone else, after the owner of the primary work released said work into the fan community to modify as they wish"

 

Trykz: "fuckin' English please, Roger?"

 

Roger: "when Bethesda said to it's apparently sizable fanbase 'here's a game, modify it if you want, we're fine with it and won't sue your ass off', they released everyone who creates derivative works from any claim to copyright"

 

Trykz: "WTF?"

 

Roger: "basically, anything you create becomes the child, and the game is it's parent. Simply put, in order to sue the child, you need to acquire the parent to sue on your behalf. Fortunately, when Bethesda released everyone from liability for modifying the parent, they also released any children of that parent from any right to copyright claim"

 

Trykz: "wait, say I want to create a derivative called Moonshadow Elves, and I use parts from the work that was made for the earlier game that are modified to work in the newer game, can I be sued for using them or for re-using the name of the original work?"

 

Roger: "no. And a name CANNOT be copyrighted. Just like I can't sue others for naming their child Roger, you can't be sued for naming your child work Moonshadow Elves"

 

Trykz: "so I'm good then?"

 

Roger: "yes..... however, you should try to avoid using anything that could spark conflict"

 

Trykz: *shrug*

 

Roger: "nevermind..... just call Janice if you need any information beyond this, or if you're unsure about anything"

 

Trykz: "cool, Janice is hot....."

 

Roger: "you're married, and so is she....."

 

Trykz: "FUCK!!!..... can I get sued??"

 

Roger: "yes, and you'll need a lawyer..... so take this card..... haha"

 

Trykz: "fuck you Roger..... bill me"

 

And this was why Nexus couldn't find reason to ban me for using the ears from the original Moonshadow Elves mod. Because THAT person used those ears after they were released by someone else as an open resource, who made them specifically for use with Oblivion, which Bethesda allows people to mod.

 

It's a lot of technical bullshit. But seriously, no one is about to make millions by suing a modder, because they can't legitimately sue. They can try (which can get expensive), but after the lawyers wink at the judge, it'll get dismissed for exactly the reason stated above.

[/quote']

 

roger you fucking retard ahahahaah , didn't he realized he got trolled on the ass for being dumb anyway this is why i stated to nexus modders like us being treated like criminals there no sense of respect. they should know modders come first before moderator did... seriously mods of nexus Fuck you and your copyright bullshit i got the same shit because of them i almost retiring my modding career ... urgh thank god i found this site

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But what you wrote is BS imho from a legal point of view. Just because Beth says their game can be modded doesn't means that any work others do is not copyrighted.

 

I think that the point is that work others do *IS* copyrighted.

 

If the work is a mod, Bethesda owns some copyright (mods are derivative works).

 

I think that this becomes nonsensical, on close inspection, but that's how the laws are written.

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But what you wrote is BS imho from a legal point of view. Just because Beth says their game can be modded doesn't means that any work others do is not copyrighted. Mods are not changed versions of Skyrim like your post implies but independent works that can be used by those games. Some mods are even created without using any of Beth's tools' date=' [u']so there is no contract or legal binding between Beth and the modder whatsoever[/u] which could put in restriction on publishing/copyright.

 

Let me set you straight here:

 

First, if it's "legal BS", then show me one example of a modder being successfully sued for using ANYTHING created by someone else. Just one. That's all you need to show. With all the moddable games out there, it should be easy for you to provide one example, right?

 

Second, the bit I highlighted is EXACTLY WHY no one will EVER be successfully sued for copyright infringement in this type of situation. Modding a game is not a "legal right". Because no "legally binding" arrangement or contract is put into place between Bethesda and modders. They openly allow the modding of their games, and even provide the tools with which to do so. You don't enter into a legally binding, contractual arrangement with Bethesda that gives you some kind of "blanket protection".

 

In the country where I live in the protection for the creator is even stronger: It is impossible to waive the copyright for any work you create, so of course any clauses in contracts which would demand such a thing would be void. Doesn't matters in this case however.

 

Yeah, right. Sue me from half-way around the world? In a completely different country? With an entirely different set of laws and conditions? I don't know who told you that shit, but... LOL, want to buy some ocean-front property in Kentucky? I'll sell you all you want.... and cheap :P

 

Avoiding the use of another modders bits or acquiring advance permission to use them is a "respect" thing. As it should be. But it simply cannot go beyond that in the legal sense. There are far too many undeclared provisions muddying up the waters.

 

Anyway, feel free to provide that example any time it's convenient :D

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First, if it's "legal BS", then show me one example of a modder being successfully sued for using ANYTHING created by someone else. Just one. That's all you need to show.

Great logic. Show me one man who got sued for detonating a nuke in his backyard, or I will assume its legal. No modder got sued, because other modders in general aren't interested in sueing anyone. They don't do it for money, but sueing costs money, time, ressources and will cause a community backlash.

 

Anyway, I don't really care if you believe me or whatever strange views you have, I just didn't want that any followmodder believes the stuff you wrote and thinks its his legal right (in the US or any other country) to copy mods without permission.

 

If the work is a mod, Bethesda owns some copyright (mods are derivative works).

Mods for Skyrim are not derivative works. They might be if you actually would change anything in the files Beth delivers and then spread the modded version of skyrim (you can be sure the Beth WILL sue you for this however). Mods for Skyrim are PlugIns which can be read and interpreted by Skyrim, just like html pages can be interpreted by a webbrowser for example.

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Mods for Skyrim are not derivative works.

 

This is the part you are CLEARLY confused by.

 

Mods "for" Skyrim are EXACTLY that. FOR Skyrim. Which makes them' date=' by their very nature of being "for Skyrim", a derivative work. They modify the original in one aspect or another. Hence, they are a deviation from the original. A mod.

 

Since when is common sense considered a "strange view"?

 

They might be if you actually would change anything in the files Beth delivers and then spread the modded version of skyrim

 

And where is the sense in that? Because that's EXACTLY what a mod does. It doesn't matter if you change a single line of the original code or not. You changed the content within in some way. Hence, you modified it. Which is fine as long as you don't profit from it.

 

I just didn't want that any followmodder believes the stuff you wrote and thinks its his legal right (in the US or any other country) to copy mods without permission

 

Well, it's not exactly "illegal" if they do. And you have yet to show otherwise. Disrespectful? Certainly so. But not illegal in any way. I think I'll stick with the word of the guys who've protected my company (and my ass) for years.

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So if I'm understanding this correctly...

 

UNP and CBBE are modifications of the vanilla model, correct? Neither one of those used other models.

 

LB, however, used a base body from Poser/Daz or used parts of one? And if this is true...then how were body mods made for Oblivion? I kinda doubt HGEC came from the vanilla body...or did it?

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Mods for Skyrim are not derivative works.

 

I have seen many people make this mistake.

 

They think that copyright is about some specific process or about something physical. Perhaps because the word "property" appears in the phrase "intellectual property"?

 

But copyright is about how people perceive things. If I sing a new song and copyright it' date=' and you sing a song that other people agree is the same song? You have copied it.

 

You do not have to "get a copy of my song and go through a specific process to make the copy". Typically, I could never ever tell if you did or did not do any such thing. All I can do is say "I sang that song first" or something like that.

 

Copyright, like beauty, can only be skin deep.

 

Anyways, creating a derivative work is something like writing a sequel -- if I write a story and you somehow [and no one cares how, for legal purposes'] caused to come into being a story that seems to be based on my story? That is a derivative work. So... technically, for example, Harry Potter fan fiction is a derivative work of a certain J.K.Rowling. Unless it's a parody or something (and depending on which country you are in, and stuff.)

 

And this gets into another issue that I often see people making mistakes about: copyright isn't something like trademark where you are obligated to sue or you lose the right. With copyright you can (and probably should) wait for a copy to become profitable and then sue for copyright infringement. So absence of lawsuits alone can't say anything about absence of infringement.

 

And, in the U.S.A. anyways, the damage from copyright is "irrepairable harm", which means you can't pay enough ever to cover the damages. Except in practice, copyright issues are usually accompanied by contract issues and contract issues do have amounts that can be paid.

 

Anyways... honestly? The biggest mistake people can make, when dealing with copyright issues, is believing that any of this makes sense.

 

If a copyright issue matters to you, you should probably get a lawyer to deal with it. If you try to reason about copyright you can severely damage your sanity.

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