ALL YOUR PORN MODS, ARE BELONG TO US!

[VectorPlexus]

Thought this could be relevant to this site, so... 1,2,3, DISCUSS!

 

 

[Captain Cobra]

Who?

[Cataclysimz]

Wow how dare you not want people to steal your mod...  UNACCEPTABLE Vector! 

[VectorPlexus]

I'm going to start with a fairly straight forward problem that I found out yesterday. TrafficJunky (the ad network company that PornHub associated sites use) are using 2 images using my mods, there are in this case 2 companies involved, the ad network and advertiser, that are freeloading on my work through (i hope) false advertisement.

 

Also, ironically TrafficJunky vetoed my site as an ad publisher because it was not porn enough! (I'm not joking, and I'm fine with that, I just find it ironic)

[27X]

As I recall we've already had this discussion courtesy of Ixum's and your need to have everything be hyperdramatical, and while your rights might be very real and very protectable (IN THEORY), the simple fact that until such time as your assets contain zero bethesda formats  (you'll recall they own their gamebryo branch and anything made from it ) and subassets they aren't actually yours exclusively, and funnily enough your mods belong to bethesda according to their eula.

 

So until such time as you and Bethesda whip out your hard throbbing turgid EULAs and flail at each other until they quite literally and physically bury you under lawyers, I would enjoy your content and spotlight as being your own.

 

There's a reason a great number of adult content creators are moving to UE4, and it has nothing to do with having superior particle physics or dx12 rendering.

[gregathit]

Thread seized by the throat, Hulk body slammed multiple times and thrown roughly into the off topic section.

 

Props for the thread title.  Made me giggle just the tiniest bit.  

[VectorPlexus]

3 hours ago, 27X said:

As I recall we've already had this discussion courtesy of Ixum's and your need to have everything by hyperdramatical, and while your rights might be very real and very protectable (IN THEORY), the simple fact that until such time as your assets contain zero bethesda formats  (you'll recall they own their gamebryo branch and anything made from it ) and subassets they aren't actually yours exclusively, and funnily enough your mods belong to bethesda according to their eula.

 

So until such time as you and Bethesda whip out your hard throbbing turgid EULAs and flail at each other until they quite literally and physically bury you under lawyers, I would enjoy your content and spotlight as being your own.

 

There's a reason a great number of adult content creators are moving to UE4, and it has nothing to do with having superior particle physics or dx12 rendering.

Oh really? can you elaborate on the HQX assets I built? thank you =)

 

let's have a looksy at the CK EULA:

 

This first part is where New Materials is defined:

 

 

This downloadable editor, titled The Creation Kit™ (the “Editor”), enables the end user (“You”) to create new or customized levels or otherwise adjust Your experience in using the copy of The Elder Scrolls V: Skyrim® software product purchased by You (the “Product”). All uses of the Editor and any materials created using the Editor (the “New Materials”) are for Your own personal, non-commercial use solely in connection with the applicable Product, subject to the terms and conditions of this Agreement.

 

Since the Havok assets were created using Havok tools by Havok, they are not NEW MATERIALS, nor they are Gamebryo.

 

The Editor is and shall remain the copyrighted property of Bethesda Softworks and/or its designee(s) and You shall take no action inconsistent with such title or ownership. Except as set forth in Section 5 below, You may not cause or permit the sale or other commercial distribution or commercial exploitation (e.g., by renting, licensing, sublicensing, leasing, disseminating, uploading, downloading, transmitting, whether on a pay-per-play basis or otherwise) of any New Materials without the express prior written consent of an authorized representative of Bethesda Softworks. This includes distributing New Materials as part of any compilation You and/or other Product users may create. You shall not create any New Materials that infringe upon the rights of others, or that are libelous, defamatory, harassing, or threatening, and You shall comply with all applicable laws in connection with the New Materials. You are only permitted to distribute the New Materials, without charge (i.e., on a strictly non-commercial basis) (except as set forth in Section 5 below), to other authorized users who have purchased the Product, solely for use with such users’ own authorized copies of such Product and in accordance with and subject to the terms and conditions of this Agreement and all applicable laws. 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.

 

 

Unlike the US, in here, Moral Rights are unalienable, and again only refers to New Materials anyway, and the Havok Files, are not, by the EULA definition New Materials:

 

Portuguese Code of Copyright and Related Rights (as amended up to Decree-Law No. 100/2017 of August 23, 2017), Articles 9 (3), Article 42 and Article 56.

http://www.wipo.int/wipolex/en/details.jsp?id=17388

 

And here comes the real fun part, which Ashal will most certainly corroborate me on: I told him a couple of months ago, that I want to split the Havok assets from both SAM and SOS. Care to understand why? In any case, I already started to look for a lawyer and I will most certainly keep you all up to date on my legal adventures!

 

[Zebot]

Be aware that you also must go with accordance to the international code of Copyright and related rights \ Neighbouring rights, and sometimes it can clash with some copyright laws of certain countries.

 

Sometimes in the end, it has to do with the place of the infrigment or with the severity\importance of it resulting in different approaches or even long legal and expensive "battle".

 

And good luck with that "battle"

[VectorPlexus]

3 hours ago, Zebot said:

Be aware that you also must go with accordance to the international code of Copyright and related rights \ Neighbouring rights, and sometimes it can clash with some copyright laws of certain countries.

 

Sometimes in the end, it has to do with the place of the infrigment or with the severity\importance of it resulting in different approaches or even long legal and expensive "battle".

 

And good luck with that "battle"

 

I'm aware this is a legal quagmire and its all very complex, but that the assertion of "a mesh is using the gamebryo engine so it no longer belongs to you" is a bit ridiculus on itself. If that would be the case, then let's imagine the following scenario:

 

A modder rips content from game A to use in game B. Just because the mesh from game A is now using something on game B's engine, the copyright of the mesh still belongs to the company of game A.

 

I think people are getting a bit confused about 3 things:

• Copyright attribution and how it works
• Modders, most of the cases "re-use" things, and its the re-using that constitutes a problem
• Monetization (which is irrelevant I'm just talking about Copyrights and Moral Rights)

I am aware of the Berne Convention of course, and in my case because I even have an advantage, since in the EU authors have their life easier than let's say in the US, and I have already quite a bit about it, although I still have some doubts, but thats why I'm starting to look for a a lawyer.

 

Anyway this is ridiculous, because when I made this post it was not to dive into legal issues like that, I wanted an honest discussion between modders and end-users.

[Zebot]

Fair enough

 

But either we like it or not, there will always be discussion about legal claims, laws and bla bla bla.... And also many companies are agressive in these kinds of thing, specially when they know they got any advantage or some hole in the laws (had a personal experience with that not many years ago  ).

 

Other than that, in my opinion, im always in favor of the modders being able to protect their work in some way, either from other "modders" or companies.

 

But in the worst case scenario (in your favor ofc), you may not be able to remove those images but atleast you can get some compensation for that or if you live in Portugal you might have a better change since they got in these recent years very protective of others intelectual property.

 

all i can say is Boa sorte e da cabo deles

[27X]

Quote

Care to understand why?

Seeing as I moved immediately to Bullet assets as soon as injection was feasible; not really, no. (also it took a really long time before people caught on why, so no on that count either)

 

Also seeing as any case involving IPR would occur in the US your assertions aren't really legally "binding" either.

 

And as for international "morality", you can google ElDewrito to see how that works out, even with "abandoned" work and an "open use" non-monetization policy.

 

As for your intended topic, I can also meander over to patreon and find about a dozen people earning $200 and up using 100% other people's work as their platform with neither consent nor permission for the assets they're plying, including three people with topics right on this very site, so best of luck trying to keep that genie in the bottle. The entire SFM/Blender pr0n empire runs off of "borrowed" (not borrowed) assets and IPs, to the tune of 500 grand a month amongst about thirty people, give or take.

 

[VectorPlexus]

https://www.bethblog.com/bethesda-video-policy/

Quote

 

We encourage (and are big fans of) the many videos created by our community that use assets from our games – including, but not limited to “Let’s Play” videos, instructional videos demonstrating our modding tools, and fan service tributes using gameplay and music from our games. We’re okay (and encourage) these videos being posted on video services like YouTube or on your personal website and/or blog. It’s also okay for you to monetize your videos via the YouTube partner program and similar programs on other video sharing sites. Keep in mind that if you use content from someone else (i.e., music) you will have to get permission from the owner as well. If you run into issues with this process, please reference this page when talking to site administrators. Due to the large number of videos created based upon our games, we ask that you reference this post when corresponding with YouTube or other video services. Note: There are particular cases where we may pull down or request videos be removed. Such cases include, but are not limited to:

 

• Posting leaked video content from illegally obtained versions of our game or share information on illegally obtaining our games. This includes retailers that break violate our release dates.
• Videos, including Beta content, that violate non-disclosure agreements between our company and players.
• Videos that feature wildly inappropriate content. While we’re generally okay with most content, some content crosses a line we’re not comfortable with.
• Any videos that we deem need to be removed – because, let’s be honest, people come up with stuff that hasn’t even occurred to us yet.

We hope this answers questions regarding our video policy. Thank you for supporting our games.

 

 

 

https://www.zenimax.com/legal_terms_us

Quote

D. Game Mods
Content also includes Game Mods.  The term “Game Mod” means downloadable, user-generated Content developed or created by You or a third party using an Editor Tool (as defined below).  In certain cases, as determined by ZeniMax, Game Mods may be made available to other users of a Service or a Game and in such cases, such other users may download the Game Mods from ZeniMax or third parties and use such Game Mods in connection with playing a Game or receiving a Service from ZeniMax. 

If You desire to develop or create one or more Game Mods, then You will be required to download from a ZeniMax website or otherwise gain access to via a ZeniMax website one or more software tools through which You may create or develop Game Mods (each such tool is an “Editor Tool”).  To obtain a copy of or get access to any such Editor Tool, You will be required to agree to the terms of a separate EULA (the “Editor EULA”).  If there is a conflict between the terms and conditions in any such Editor EULA and the terms and conditions in these Terms of Service, the terms in the Editor EULA will control over the conflicting terms in these Terms of Service but solely for purpose of the specific Editor Tool and not for any other purpose.  Please review the terms in the Editor EULA carefully.

With respect to Game Mods made available for download from a ZeniMax website or made available from a ZeniMax server, ZeniMax may, at any time and in its sole discretion, elect to remove such Game Mods from the ZeniMax website(s) or server(s) without notice to You. 

Each Game Mod is owned by the developer of the Game Mod, subject to the licenses granted by the developer to ZeniMax as set forth in the Editor EULA.

ZeniMax may, but is not required under this Agreement to, validate, test, evaluate or pre-screen Game Mods. 

ZeniMax does not endorse, sponsor, guaranty or approve any Game Mods, including without limitation Game Mods available for download from a ZeniMax website. 
Your experience with any particular Game Mod may vary from other users’ experiences. 

IF YOU ELECT TO INSTALL, DOWNLOAD OR USE ANY GAME MODS, YOU DO SO AT YOUR OWN RISK. 

EXCEPT AS PROHIBITED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), ZeniMax reserves the right (but has no obligation except as required by law) to OFFER, make available, REVIEW, remove, block, edit, move or disable GAME MODs for any reason, with or without notice, and HAS no liability of any kind WITH RESPECT TO GAME MODs, including WITHOUT LIMITATION when ZeniMax determines that a GAME MOD violates THESE TERMS OF SERVICE, the EDITOR EULA.  The decision to remove a GAME MOD at any time is in ZeniMax's sole and final discretion. 

To the maximum extent permitted by law, ZeniMax does not assume any responsibility or liability for GAME MODs or for the removal of any GAME MODs FOR any failure to or delay in removing, any GAME MOD.
 

 

 

11 hours ago, 27X said:

As for your intended topic, I can also meander over to patreon and find about a dozen people earning $200 and up using 100% other people's work as their platform with neither consent nor permission for the assets they're plying, including three people with topics right on this very site, so best of luck trying to keep that genie in the bottle.

 

I appreciate your information, I'm aware of at least 2 already though. And just to make it clear, I'm not opposed to people using my work in their videos (and as long as I don't find them questionable in content), I am opposed of them being behind a paywall. As for legal considerations, like I said I'm going to consult a lawyer, I already made that very clear, so *shrugs*, there's really no point in continuing a legal discussion that really has no place in an amateur "setting". The purpose is not to discuss legal matters, but instead to discuss the relationship between modders and users. Obviously, thanks to you, the thread was now hijacked into a completely (and pointless) legal discussion. But if you want to base your claims don't say "search for this or that", do like I am doing so far, provide actual material that can corroborate your assertions.

 

As for videos using material without permission or without the accordance of the author(s), it is very simple, I'll make use of Takedown notices, either you like it or not. I already did, quite successfully so. Reported a user with 204 out of 229 videos. The result? channel deleted. And I'm not stopping. People are completely free to counter-notice, but bear in mind that in doing so, they will have to provide legal and truthful information (including Real Life information like name, address, phone, etc), which then makes it even easier to initiate any legal action against them. It is their choice to do so, and they should do it in case they feel they are being unfairly targeted. I really don't understand why people get angry and emotional over this. If people don't react to counter-notices and if they continue to repeat offenses, then most likely (like I previously mentioned) they risk getting their plataform deleted/banned/etc. but that's why there is the counter-notice option. *shrugs* Feel free to keep whinning though, I find it slightly entertaining.

 

You were the one who started making ridiculous legal claims about "because gamebryo". Like I mentioned, if I use a model from a company into another company's engine that doesn't automatically transfer copyrights. You don't need to be a lawyer or understand anything about copyright law to understand that much, yet that's exactly what you did, an empty and unfounded assertion, at best.

 

What I don't get it though is why you are intended to make personal attacks on me and bring a specific subject that I have neither mentioned or intended to discuss in here or elsewhere. Even more surprised that, a moderator, read it and chose to do nothing.

 

 

[VectorPlexus]

@27X

 

THANK YOU!! (lol your posts have actually helped me, not going into details, but please, let me have it some more, I don't want you to stop!!!)

[27X]

The one whom isn't paying attention is you, I mentioned the bethbryo angle because bethesda has the resources to make something they did not create but is used to make other resources and assets their sole property, you were too busy crafting a retort to figure out what the implications of that actually mean for you, with further implications of winning a battle that doesn't leave you enough resources to win the war is somewhat myopic.

 

They aren't personal attacks; they are what is.

 

If you consider that an attack, you probably need consider your position and intent.

 

Cause you could be the guy. You could have set up a patreon even before all the drama with Ixum started (you saying personal attacks is pretty droll there too, because I was of a very very small group of people defending you, but me defending you as a fellow content creator is not a tacit defense of your attitude and conduct during the issue, cause pretty much all you did was deny your fans access to your stuff, which is exactly the same road you're heading down now)

 

You could be the guy creating male centric content for all of Tamriel and The Wasteland to some major recognition, love, admiration and profitability and with a simple two tier system of pay on patreon now or get it free four months later on LL with nothing removed or gated or full of shit tactics that other people are doing here and elsewhere, you could could be the guy listening to the community, a underrepresented and marginalized and oft neglected community and giving them what they want and like, you could be the guy making everybody happy whom has an interest with argonian dicks and khajiit dicks and dwemer penises that shoot lasers for no particular reason, and bears and twinks and gladiator bunnies oh my, you could be working with other folks to make male content as broad and as deep as the female content with same level of 4K 10bit 64K vert and six stage animations quality and using the actual proven model of if you can't beat them, kill them with kindness and make mad bank and get the recognition you rather obviously want, to have your cake and eat it too; you could be the guy painting TES pink, purple, and blue from top to bottom and earning the respect of peers and users alike, and instead you're the guy that thinks in the middle of Generation Remix Reboot that a collection of pseudo legalese that has been rejected in US courts every time they've been invoked no matter how sharp the lawyers teeth were is going to make you king of the castle with a magic excalibur that will protect you from all threats foreign and domestic, when that doesn't work for companies that make more in a day than you'll make your entire life.

 

Being the sole resident of an empty castle sounds rather boring.

 

Or you could be the guy.

[infiniteone]

Usually a good cease and desist letter will work for most situations, especially when an ad company is using material they have no rights or permissions to use, its there own interest to not steal others music or art as that just gums up their workflow and wastes time with expensive lawyers.

 

And to @27X I love ya and even enjoyed most of your last post there, but dont you think you're being a bit harsh?  I have had an account at Vectors site for years now, and have never been denied access to the goodies I wanted, there's an active community there and loads of SAM related mods, also any texture sets and other such things are still up here on LL and on the nexus, only the main mod must be there on the plexus afaict, so what if he pulled it into his site?  I dont see the problem really, but i missed the earlier fights I guess lol.

 

I dunno... but i do like poking the snakes nest, so...feel free to be angry with me.   ;P