Take a look at this!

[SparklePlenty]

In one of the locked threads...where a Mute asked what was all the hubub about...the SM told her that the EULA for the Content Manager was not something the average simmer had to worry about. Of course, only  your REALLY average simmer even uses the Content Manager. I laughed and laughed.

[DreadPirateRoberts]

I'm not getting in on this debate. As you can see from my post count, I'm a lurker. I won't state my side in this argument, so I'm sure that my opinion matters not. However, I won't lurk and allow completely false statements be passed off as truth and read and believed to be truth by the masses.

Your CC package files are considered DERIVIATIVES you cannot copyright a deriviative.

Where does U.S. copyright law say that you cannot copyright a derivative? Perhaps you cannot copyright a deriviative, but I don't know what that is.

http://www.copyright.gov/circs/circ14.html#derivative/

U.S. copyright law clearly states that:

A “derivative work,” that is, a work that is based on (or derived from) one or more already existing works, is copyrightable if it includes what the copyright law calls an “original work of authorship.” Derivative works, also known as “new versions,” include such works as translations, musical arrangements, dramatizations, fictionalizations, art reproductions, and condensations. Any work in which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship is a derivative work or new version.

A typical example of a derivative work received for registration in the Copyright Office is one that is primarily a new work but incorporates some previously published material. This previously published material makes the work a derivative work under the copyright law.

To be copyrightable, a derivative work must be different enough from the original to be regarded as a “new work” or must contain a substantial amount of new material. Making minor changes or additions of little substance to a preexisting work will not qualify the work as a new version for copyright purposes. The new material must be original and copyrightable in itself. Titles, short phrases, and format, for example, are not copyrightable.

"To be copyrightable ..." If you cannnot copyright a derivative, how could it ever be copyrightable? According to you, it cannot. According to U.S. copyright law, it can. If, and only if, it is different enough from the original work to be regarded as a "new work".

Now, I'll leave it up to you all to debate whether or not new Sims creations are different enough from the original work to be considered "new work". But I won't sit idly by and watch you say that you canot copyright a derivative when you absolutely, one hundred percent can copyright a derivative.

"A 'derivative work,' that is, a work that is based on (or derived from) one or more already existing works, is copyrightable if it includes what the copyright law calls an “original work of authorship.'"

That's in case you missed it the first time.

[calalily]

Wrong.

I'll post here what I posted at S2C.

They don't hold copyright over it until the original expires.

Overcoming Corporate Rule of the Illusory Commons

Professor James Boyle has characterized the effects of intellectual property laws as leading to a "second enclosure movement." However, an important distinction should be made when comparing this real world situation to that in virtual worlds.  EULAs stipulating that proprietors own all intellectual property rights in a virtual world create a situation in which a commons does not exist and cannot exist until the first copyright terms claimed by the proprietor begin to expire.

p. 43

Reference: Jankowich, A. E. 2005. Property and Democracy in Virtual Worlds Boston University Journal of Scientific and Technological Law.

http://www.bu.edu/law/scitech/volume11issue2/JankowichArticleWEB.pdf

Since they have exerted their copyright over EA files with the site disclaimer,

Game content and materials copyright Electronic Arts Inc. and its licensors.

then all discussion about copyright is moot.  You can have it 50 years after the original author dies.

[RedLove]

So wait. Who's right?  :?

[Roxelane]

I'd like to believe that  at least  Will Wright supports filesharing, free custom content and not changing the EULA to kiss the ass of some fucktard and his groupies.

WRIGHTS is the developer, EA wants determines the rules

@snarkyshark
thank you

[DreadPirateRoberts]

So wait. Who's right?  :?

Well, calalily quoted a book. I quoted U.S. copyright law. If you really want to know, RedLove, read both (and anything else you can find) for yourself.

However, I won't tell you that she is wrong the way that she (falsely) said that I was. Nothing in my post was wrong. Nothing I said was wrong. Soup Parrot said that you cannot copyright a derivative. I looked up U.S. copyright law and found that you can.

I never once said that you can copyright Sims files. Calalily interpreted my post to be as such, but that is not the case. I am not wrong. But I am not saying that she is, either. It is very probable that we are both right. However, the fact that you can copyright a derivative is not wrong.

[calalily]

I never once said that you can copyright Sims files. Calalily interpreted my post to be as such, but that is not the case.

You're right - I'm sorry - you can copyright derivatives - just not all derivatives.

I'm just trigger happy at the moment because everyone at S2C seems to think there is copyright over these things.  DreadPirateRoberts is giving general information, I am giving specific information to the Sims and online virtual property over which copyright has been asserted.

Sorry DPR. Forgive me.

[SimPlyB]

I'm another lurker with an opinion,

This is how I interpret the New EULA.


With the Non-Commercial use now gone,

The .package ownership definition now gone,

you now own your own work and nobody has any rights whatsoever to fileshare it without your consent.

The New EULA states "Your License is limited to the intellectual property rights in the Software".


EA gives nobody (including themselves) the ownership of their work according to the new EULA, basically leaving that verdict up to a more general law - namely the inernational copyright law and EA's own Terms Of Use.


EA's Terms Of Use on this case clearly identifies the original author as the Intellectual Property holder and forbids you from uploading anything you do not own yourself to the Exchange or any other EA service.


The international copyright law grants you the Intellectual Property rights the second you've created an original piece of work.

B

[calalily]

I'm another lurker with an opinion

Lurker my arse - you're for TSR.

The New EULA states "Your License is limited to the intellectual property rights in the Software".

That's not what it says - this is what it says in full:

Your License is limited to the intellectual property rights in the Software and does not include any rights to other patents, trademarks, copyrights or other intellectual property owned or licensed by EA.

It doesn't say anything about uploading, or downloading, and anyone who has visited the booty doesn't think that the lovely pirates here made this stuff.  Intellectual property doesn't mean total and complete control forever.

I'm just right now looking for some caselaw that states that derivative works from software are required to be stand alone objects in order to assert any rights over it, and that copyright subsists in software code.

Just give me a couple of hours, maybe a couple of days, and then you can disagree with the Ninth Circuit Court of the US.

[AW]

If I remember correctly SimPlyB - you are a troll.  It is not necessary to put so many lines between your sentences.   I actually do not believe that anyone has a copyright on an Sims creations.  Whether derivative or not.  You must be specifically commissioned or employed in order to claim copyright.  Fansites are not employees of EA, nor are they "commissioned" to create.  It is a fansite, for fans of the Sims.

EDIT: International copyright...whatever.  Read the U.S. Copyright.  EA is a US corporation, publically traded, so all policies and laws regarding copyright will be under US guidelines.

CALALILY IS MY HERO!

[Ry]

I'm not going to pretend to know shite about the laws or pretend I know anything about the damn EULA.
But I'm going to says some things cuz I can. :lol:

It's quite obvious that this arguement about the EULA is going nowhere.
Everyone has their own 'interpretations' about it, and until EA finally clears it up, that's all they are is interpretations.
Opinions. They can be wrong.
You can spout it til the sun don't shine but when it comes down to it, that's all it is is an OPINION or INTERPRETATION.
Individually it will vary by the thousands.

US copyright law is not a stable thing. You can argue this or that but when it comes down to it it doesn't mean shit unless you have a case to back it up, as I believe Calalily did. There are exceptions to every rule, including laws, and if you don't agree with that you're a moron. Laws are under constant scrutiny and it's been proven over and over that judges can supercede certains aspects of them.

Until EA clears it up the arguement seems moot.
You can say this. We can say that. Until the fingers you type with are bone.
No one is right, no one is wrong. It's all how you look at it.
EA has the final say, not Calalily *no offense hun* not DPR not all the little lurking nobody's who decide to spout off at the mouth about anything.
EA holds the final say in their hands.

Why are they taking so long?
Who fucking knows? They're a huge company that has *more important things* to worry about, like $$. Some of you lurkers should be able to identify with that.
Honestly this company doesn't care about us. We're simply the consumers. As long as we buy and buy they could care more about dogshit. This debate is making them rich.
I really can't see them finally deciding one way or another until Sims 3 comes out.
The word changes in the EULA that everyone who supports paysites keeps jumping on...are simple word changes! Nothing there says sell your shite and make some cheddar. And if any one of you believes that's what it's saying, well then I got something for you:

The EULA didn't mean snot to you guys before. You claimed that it wasn't important. But now some words gets changed and it's the Holy fucking Grail! Um..hypocrisy anyone?
Bah.

[SimPlyB]

It doesn't say anything about uploading, or downloading, and anyone who has visited the booty doesn't think that the lovely pirates here made this stuff.  Intellectual property doesn't mean total and complete control forever.

I'm just right now looking for some caselaw that states that derivative works from software are required to be stand alone objects in order to assert any rights over it, and that copyright subsists in software code.

Just give me a couple of hours, maybe a couple of days, and then you can disagree with the Ninth Circuit Court of the US.

I am not here to argue, all I want is to be able to share my point of view without all the silly name calling you all like to do...

You obviously havent read EA's Terms Of Use, if you scroll down to Proprietary Rights; Copyrights and Trademarks http://legal.ea.com/legal/legal.jsp?language=en

B

[AW]

So, clear it up for us SimPlyB - what side of the paysite/freesite issue are you on?

EDIT:  Ry you are fiesty today!  I like it.

*gives Ry some rum for tellin it like it is*

[Ry]

Ry can be feisty more. *waggles eyebrows*

And Simplyb <or however that's spelled>
Name calling isn't started until silly little bints get in on the action. If you get called a name, you probably deserve it. You can think as will of these guys, but I've been here a very short period of time and I already feel welcome.
If someone doesn't, it's usually because they come in trolling or saying things like.
"I'm going to get called a name, I know cuz you all like to call people names" :roll:
Well, that's 12. And yes, if someone says something like that or similar to that in any way shape or form....people here call it like it is. :wink:

[Meganne]

You obviously havent read EA's Terms Of Use, if you scroll down to Proprietary Rights; Copyrights and Trademarks http://legal.ea.com/legal/legal.jsp?language=en

I did read it. It applies to the Exchange. Your point being...?