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1  The Pirate Ship / ARR! / An idea, fighting fire with fire. on: 2007 August 11, 17:41:54
I don't know how this is in other countrys, but in germany a non-commercial blog had to pay about 600 €, because the owner had a small (copyrighted by an other site) photo from a bread in his blog. No Judge had to decide it - in german it is called "Abmahnung" what you get in cases like that. You can accept it and pay, or take the risk to get sued. I - and I think most other freesite owners - don't have the financial background to take the risk of getting sued, so I would pay and close my site.

The costs and the risk for the lawyer is very, very low.
2  The Pirate Ship / ARR! / An idea, fighting fire with fire. on: 2007 August 11, 16:48:05
Quote from: "calalily"

As for underemployed lawyers - this site is in Malaysia.  They'd be some rich underemployed lawyers, with too much time on their hands - otherwise known as the unemployed - and they don't have any money - so - homefree.


What about all the free Simsites, that most likely are not hostet in Malaysia? I think most simsites are using paintings from other artists - why should they (the artists) or their lawyers make a difference between pay and freesites. I don't think, that they care about the sims-community.

This "fighting fire with fire" campaign might create a big problem for every simsite - not only for paysites. I thought, that that is not what you people here wanted.
3  The Pirate Ship / ARR! / I read about the copyright with EA and Paysites on: 2007 June 30, 09:28:58
Okay, I think before I make myself a complete idiot, I should probably step out of the discussion.  :wink:

If you want I can inform you what EA answered me to my question about the copyright - if they ever answer  :roll:

Quote from: "Quinctia"

In English, "you" is both the singular and plural second person pronoun.  When I stated "you're an asshole," I was referring to people selling custom content using tools by the community meant for sharing and distributing them for a game where the publisher and company meant content to be shared.  Not you specifically, unless you personally are in that category.

Sorry, but I really didn't knew that. My mistake and I take back everything I said to you. :oops:
4  The Pirate Ship / ARR! / I read about the copyright with EA and Paysites on: 2007 June 29, 21:03:54
Quote from: "Godess_Satinka"

Smiley It's not so much the objects, but the file fomat ( Made by Ea games ) that you put them in. The meshes, and the texteus are yours
( provied that you made them ) but a lot of codeing goes in that package file to make it acttury work,


I prefer comparing it with the wma format. When you write & sing a song and convert it into the wma-format you still have the copyright on it - not microsoft or someone else  :wink: Don't matter what any eula says. Well, all I say is based on german laws - can't say how it is handled in other countrys.

@Marhis
Sorry, I really could not understand what you meant  :oops:
5  The Pirate Ship / ARR! / I read about the copyright with EA and Paysites on: 2007 June 29, 19:49:35
Quote from: "Ensign EO"

Not everyone here thinks that creators' wishes should be ignored.


In the last weeks I have the feeling, that more and more people are thinkin it. Thats why I asked EA about the copyright.
6  The Pirate Ship / ARR! / I read about the copyright with EA and Paysites on: 2007 June 29, 18:47:54
Quote from: "Godess_Satinka"

Anyway if that is the case, then wouldn't your eula not be binding if they bought something as well?


In germany (and most parts of europe) the eula is not binding, because I can not read it, before I buy the Software (thats why it can be binding, when I buy software online).
I need to say, that the fact that the eula does not mean that the software would be completly free to use/change. It only means that german laws count - not what EA says.

Quote from: "Godess_Satinka"

You said that you know of one site that was offering meshes made by you without your permission. but if she/he bought something, wouldn't that give them the green light to do so?

See above  :wink: But because it's the booty offering meshes made by me, theres no way to discuss that here in a normal way I think  :wink:

I think I need to say again: I'm not pro and not against paysites. Theres a lot paysites out there which are really 'evil' (don't have a better word now). But I am against the 'everything belongs to EA, so we can share everything like we want'.
7  The Pirate Ship / ARR! / I read about the copyright with EA and Paysites on: 2007 June 29, 18:10:46
Quote from: "Quinctia"

Basically, even if it's legal, you're still an asshole.  Is that clear enough now?

Want to call me an asshole? Fine - you're free to do it. But not for selling simscontent - becouse I'm actually not doing it. Start reading the posts you're answering to.
8  The Pirate Ship / ARR! / I read about the copyright with EA and Paysites on: 2007 June 29, 15:27:27
Quote from: "Lorelei"

Sorry, it still applies. You have the option to disagree and not install the software.


No thats not correct for germany an most other european countries. It's descibed in the german wikipedia article - maybe someone can/likes to translate it - i can't :wink:

Quote from: "Lorelei"

Alas, once you post anything to the Internet, you can't entirely control what people will do with it.

Thats true, but not a really good argument.

Quote from: "Lorelei"

Also, does it not give you a hint that meshes are automatically included in lots and sims2packs? EA intended for all content to be freely available. If you are not happy with that decision, you need to find another outlet for your talents.

As a suggestion, I would urge you to consider rethinking your insistence that people visit your site for meshes. It is annoying to play hide and go seek and have to visit a handful of sites to complete a download for the game. It is unnecessary. If your work is superlative, people WILL look to see who made it, and will come to your site on their own.

Whenever I have had to play hide and go seek for a mesh, I am generally so annoyed that I either do not use the item at all, or visit the site only long enough to find the one specific item I need, at which point I do not stay, and am not in any kind of mood to be thankful that I was forced to detour all over the net for a stupid game item.

But that is just me.

No its not just you - I know that.
But I don't think that most people would take the time to visist the creators pages if the don't need to. Most people don't even take the time to click a 'Thanks'-button on MTS or leave a 'thanks' in a guestbook or mail it. And I think - I just can speculate about that - that is one argument for more and more creators to go to TSR.
Why do peolpe need to react angry, if they have to take a little time for getting meshes while I have to invest a lot more time in making them?

p.s. I have to say, that I have not understood everything of your post  :oops: Sorry, but a discussion in english is really hard for me  :wink:
9  The Pirate Ship / ARR! / I read about the copyright with EA and Paysites on: 2007 June 29, 13:57:34
Quote from: "Lorelei"

Even if copyright issues and laws are different in your home country, you still need to abide by the EULA of the parent company, which is not based in your country. The EULA is the agreement all Sims players click "I agree" to before installing the game content.

As otherwise noted, it is also not a copyright law issue as much as it is a contract law issue. The EULA is a contract which expressly forbids users from selling content in any way, whether the sale is straightforward, as in subscriptions that are required to access content, "donation" "gifts," and so on.


But as far as I know - I'm not a lawyer - the EULA does not 'work' (sorry, don't know the correct word) in germany, because I just can read it after I bought the game/software.
There is a part in the german copyright laws, that lets me think that EA does not own the copyright on things I make with SimPE - but my english is absolutely not good enaugh to translate  :wink:

Quote from: "Lorelei"

We are quick to defend creator's rights in the pro-freesite community. Please see threads here, specifically those concerning Linda Berkvist's work (Enayla, who is known best for her Sims skins). Linda's work is frequently stolen by paysites which try to sell it (such as 2-for-u, and most recently her work showed up in another game, Second Life). We believe that Linda's work should be credited only to her, and have gotten very angry on her behalf.

If you ever see any of your work being distributed without proper credit, especially if someone is attempting to sell your work, please let us know. We will help you.

I know most people don't like the way I handle it, but I don't like to see my meshes on other sites even if proper credit is given. People can recolor things, but the mesh should stay on my site (of course meshes can be included in houses). I think therefore I cannot count with your help in this cases  :wink:
But at this time I know only one site offering meshes made by me without my permission  Cool
10  The Pirate Ship / ARR! / I read about the copyright with EA and Paysites on: 2007 June 29, 13:00:12
Seems that my name is not really known in the english speaking community  :wink: I had a paysite (things4sims.de), but now I'm one of the admins from a free board (all4sims.de) - we have a donation button, but people don't get anything but a 'thank you' for donating  :wink:

But I am not agains paysites ... I like some, I dislike some. But I'm really pissed of people telling me that I have absolutely no copyright on the things I create for Sims2 - thats why I asked EA Germany about their point of view.
11  The Pirate Ship / ARR! / I read about the copyright with EA and Paysites on: 2007 June 29, 11:58:02
Hi.
Quote from: "Marhis"

Now, I would be happy to see paysites owners and supporters - if really concerned about their copyrights and the legality of their income - start a discussion with EA about this issue.
In short, again: DO something, for heaven's sake!


I'm not running a paysite yet, but I asked EA (Germany) who owns the copyright on the custom content made with simpe from their point of view. I did'n get an answer till now - they just told me to be patient because the product manager and maxis are checking it. I asked one month ago  :!: So starting a discussion with EA seems not to be that easy  :wink:

p.s. sorry for my bad english  :roll:
12  The Pirate Ship / ARR! / TSR IS A SUCK-ASS SUCKY WEBSITE on: 2007 June 04, 15:41:34
Quote from: "SoggyFox"
Its a shame about derMarcel, really - I like the stuff of his I have.  


I'm not becoming FA on TSR - I thought about it, but decided against it.
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