NEW TSR LEGAL THREAT!

[sidhe]

One of the main problems with file sharing is that everyone is argues it from a different standpoint. The gamer sees a game file, the artist sees a personal creation, the pc analyst sees a pixilated strand of code and the business people see a marketable product. Now throw in the differences in laws, ethics and cultures on an international level. You see how it gets very complex. This debate is so disorganized and unstructured it is impossible to reach a viable outcome. Many people are citing “feelings” which are intangible, then combining them with corporate law, which they have no knowledge of.

The simple fact is that Maxis has never before never taken an official position on this issue. Indeed it was in their best interest NOT to. They could alienate half their customer base if they either condemn or condone file making or file sharing. And the two issues are inexorably linked, because creating custom content, by the letter of the law, is illegal in the first place. You cannot extract a piece of copyrighted software, make slight alterations to the code, and supplant the existing copyright with your result. No matter how pretty you make it look or how long it took you to do so.

The reason that Maxis has looked the other way is simple. It makes them money. If people are creating and sharing files, or even arguing about it, they are playing the game. This is a marking department’s wet dream. Maxis will never blow that ride unless someone attempts to actually incorporate or infringe on their brand identity. In other words; keep those arguments at the children’s table, and just don’t bother the adults.

But they recently have become very friendly with some of the fan sites, even inviting them to do some beta testing for Sims 3. They revised some of their wording to say that they encourage people and websites to create custom content, while at no time actually accepting any responsibility or announcing any affiliation. This basically means they have a PR person trying to make everyone happy while not taking a firm legal position on file sharing or copyright infringement. They might even attempt to acquire a few fan sites up at some point, if the profit margin looks appealing.

But they will first have to make a decision about who owns the copyright to the extracted files and how the laws apply. In order to have a case for infringement you must first establish who holds the copyright. It’s either maxis...or it is the creator. It cannot be both. If it is the creator, then every skinner and T-mogger has the right to produce and distribute their product on the retail market, making them quite wealthy. And there are plenty of manufacturers out there who would leap at the chance. But if it is Maxis, then all paysites are infringing on copyright laws by profiting from distribution.
 
This is why I wrote the letter asking them to provide clear legal verification.

[kenmtl]

EA is never going to make a definitive statement on that. It's not in their financial interests to do so. Why would they?

Besides, it's not like they haven't had time to think about it. They have and they've made their decision.

[sidhe]

I am rather counting on that. The law provides that a cooperation has the rights to a unique product only insofar as they "vigorously and continually" protect their brand identity and its rights. If they do not, they can lose their claim to copyright and another company can move right in. 

That means if Maxis will not take an official stand they could be forced to give up their own copyright. Which would make many creators very rich people.

[SnarkyShark]

No, serious...what threat? All I see is Thomass whining like a little bitch.

Combined with DOT's pathetic lament, it would seem to indicate that subscriptions are taking a nose-dive.  All we had to do show people who they really are and what they're all about.

[Requip]

The simple fact is that Maxis has never before never taken an official position on this issue.

I dunno, the whole issue of sharing files was answered for me when EA began including mesh files with Pets Bodyshop. 

http://www.modthesims2.com/showthread.php?t=202574

[ekimsal]

[lewisb]

That's the way I see it, SnarkyShark. Crying to who? The host of the imaginary sites, caused the ones named are not what was intended.

Great macros, ekimsal!

[sidhe]

That is very interesting indeed! But I am not sure if this means that maxis is siphoning off custom meshers? Clue me in a bit here please.  Or are they opening the door for sharing? I am not as up on the Sims 2 technicalities.

I know the files types were changed when Sims 2 came out and that stand alone files could be made. This was not true with Sims 1...where the actual iff had to be extracted and altered. (yes I have been playing a long time...and still favor Sims 1) But I do try to keep current with the overall legalities, which apply equally to all versions.

I also saw the whole Securem things as a strategy to prevent or at least track, alterations. But then I see Ea getting cozy with TSR...just makes me wonder.

[dstar]

EA will not do anything about the issue until it affect their bottom line then who knows what will happen. In terms of Thoma's legal leg he doesn't have one else the little letter would have been written by his corporate attorneys for his business (not a fansite - Mod the Sims is a fansite- I don't have to pay sub fees for content or advice/tutorials) - in most cases he would be laughed out of court as he is claiming someone stole his pixels - especially since this is coming on the tail of one of his employees being accused of stealing a freesite creators pixels, and an employee/associate/ whatever possibly being linked to hacking MTS2's server- Any judge in any country would laugh his/her ass off and then wom him with a COC (contempt of court) charge for wasting their time since you know in a world with serial murders, drug dealers, gangsters, and terrorists they have much more important things to do than to deal with a whiner like him.

The simple fact is that custom content (most specifically free ) encourages people to play the game, filesharing encourages people to play the game (since most of us go ohh look at the pretties I found that will make your game so much more fun), the constant whining of paysite owners like Thomas or Peggy or Rose turns people away from the game. EA makes money as much as, if not more so from the freesite and filesharing community than they do from the paysite community because after some  people realize the poor quality of the pay stuff they go to a freesite and download the goodies  or start downloading the pay stuff they absolutely have to have off the Booty or SimsCave. Thomas is running scared because former subs like me are dropping like flies and he is probably hemorrhaging money out his ass.

[sidhe]

If Thoma$$ runs a legitimate business, or is a sub division of a cooperation I would like to know:

1. Is it a publicly traded company and where can I find the financial statements.

2. Does he pay taxes on the income generated by TSR?

[paperbeth]

Thomass and friends have been extremely busy lately, trying to put out fires (that they started) right and left. Everyday, we hear of some new reprehensible thing they have done to try to confuse and manipulate. This seems desperate to me. Perhaps they are starting to feel the walls closing in, and the panic and anxiety attacks that result are driving them to these desperate measures.
Of course, I could be wrong, but I will take it as a good sign that T$R is in the midst of a nervous breakdown.

[Skoria_Bay]

I haven't seen Rose or anyone like her complain about our site. Only Thoma$$ and T$R. So we're cutting into their finances? Good.

[dietofworms]

Sidhe, here's how it appears to me. The EULA ok's the use of EA's tools for non-commercial purposes, but it still owns the tools.  So I think if you make a recolor of one of their meshes, or clone one of their meshes to make a different mesh, what you'd own is the derivative product:  i.e., the 2 dimensional rendering of the recolor or new mesh.  The original mesh I think would be considered a tool.  So basically the artist hold copyright to the drawing only.

And the EULA is clear that these derivative products cannot be sold.  So even if DOT, let's say, happens to be right (which she isn't) that she "owns" and therefore can do whatever she wants with, her lamp mesh, the EULA forbids her from selling it.

[Saraswati]

Guys, have you seen the new TS3 EULA, (I don't know if it's been discussed here) Even though the commercial clause is gone, it's fileshare friendly..

4. In exchange for the right to use content contributed by other users through the Software, when you contribute content through the Software, you expressly grant to other users of the Software the non‐exclusive, perpetual, transferable, worldwide, irrevocable right to access and use, copy, modify, display, perform, and create and distribute derivative works from, your contributed
content in connection with the Software, and to distribute and otherwise communicate your contributed content as a component of works that they create using the Software, for example,
The Sims lots or The Sims videos, without further notice, attribution or compensation to you. You hereby waive any moral rights of paternity, publication, reputation, or attribution under applicable
law with respect to EA’s and other players’ use and enjoyment of such content contributions in connection with the Software.

So I personally don't think TSR is going to have a leg to stand on in connection with TS3 either.. This is the original link to the most current version of the file in case anyone wants to check it out. http://na.llnet.eadownloads.ea.com/u/f/manuals/eula/en_US/sims3_physical+digital.pdf

[dstar]

I haven't seen Rose or anyone like her complain about our site. Only Thoma$$ and T$R. So we're cutting into their finances? Good.

I think that the difference is that sites like ATS, Holy Simoly,XM and Rose don't require you to register to d/l the free stuff on their site- Complaints are heard about money loss from people like Raon, Peggy and Thomass because you have to register to even d/l a free wallpaper or hair set- so they see the numbers e.g. 250 people downloaded this last week and now there are 5- Rose might not know how many people have downloaded her free items, tested them in game and said YUCK! and then headed over to GOS or MTS2.