My Response From EA Regarding Selling My Custom Content

[toomanyguppys]

Wonder if TSR has heard the news yet.

[frivolous]

a lot of paysites ESPECIALLY EXNEM use the defense "oh but i don't make my shit in bodyshop, all my meshes are made from scratch in milkshape" or something like that. is that a valid argument?

[Yaardarm Monkey]

nope


cuz they have to use EA code to make it into a package file for the game

[Jojoba]

Heh. Glad to see the change in language from give us a list and we'll look into it to we're investigating.

Thanks, Sparkle, for sending this inquiry.

Well the making-of-the-lists might have got the ball rolling Hecubus When it comes down to it, the paysites havent got a leg to stand on...whilst we have a wooden pirate leg! Yarr! *passes rum*

[dietofworms]

That's an odd statement from EA.  Violations of copyright law don't depend on whether or not the stuff is being sold.  Even if you give stuff away for free, you can violate copyright (all those Disney beddings, etc.). Furthermore, copyright law violation is a separate issue from violating the EULA.  The statement seems to imply that they're checking only for copyright violations (based on "selling", which in itself is not a neccessary condition), not on EULA violations.  

It reads like something tossed off, not something composed with the law in mind.  I wonder how serious it is.

[sherrie]

but paysites (and yes, TSR...EA's little buddy) claim they arent selling items per se, but "access" to the site for "bandwidth" purposes

or

it's a "donation"

 :roll:


hopefully EA squashes those little cockroaches when Sims3 comes out, as I doubt they will do a damned thing before then....

http://en.wikipedia.org/wiki/Donation

Donations are transfers, or gifts, given without return consideration.

http://en.wikipedia.org/wiki/Sale

Sale is an economic term referring to the exchange of goods and services for money

[rickets]

dietofworms - Even though it's a typical kind of non-clarifying corporate email response I believe they are laying claim to the copyright of the .package format.

It's the only thing they can enforce since they don't hold the trademark or copyright to say Disney materials.  The terms of use of the package file allows for free distribution but not to have their copyrightable thing resold.

It's a neat way to bypass the Eula altogether and gives them clear legal control over their game content.

[Jojoba]

That's an odd statement from EA.  Violations of copyright law don't depend on whether or not the stuff is being sold.  Even if you give stuff away for free, you can violate copyright (all those Disney beddings, etc.). Furthermore, copyright law violation is a separate issue from violating the EULA.  The statement seems to imply that they're checking only for copyright violations (based on "selling", which in itself is not a neccessary condition), not on EULA violations.  

It reads like something tossed off, not something composed with the law in mind.  I wonder how serious it is.

Yes, running a paysite featuring content for the Sims 2 is considered to be a violation of both the Electronic Arts Terms of Service and copyright law. This includes both content that is sold directly and content that is offered as part of a subscription service. Additionally, the intent behind providing these tools to the Sims 2 community was to promote the sharing of content, not commercial activity.

Selling content is illegal, sharing it for free is not    (well thats the way I read it, correct me if I am wrong)

[dietofworms]

Rickets, thanks.  That makes sense, I guess.  Except that even if EA's strategy is to claim copyright over the package files, I don't see how they can enforce a "no selling of derivative products" policy without also getting the EULA involved.

I don't think copyright owners can make distinctions between giving away and selling derivative products, once they've granted permission for people to use their intellectual property to make such products.

So ultimately it's the EULA that counts, and EULA's tend to be hard to enforce.  

But no matter what, EA's intent about people not profiting from derivative products is clear, and it would be nice if that were honored even without a legal ruling.

[rickets]

There's no real way to make a derivative work from a package file.  It's always going to be a package file or it won't work in the game.  Regardless of the contents of the file the code is always going to be a package file over which EA Games holds the copyright.  

They can do with their package file what they wish based on their grant of rights.  And it doesn't even have to be anywhere in writing that you can't sell someone else's copyrighted thing -- it's just a legal given.  If they don't want Sims stuff sold then they can fire off a bunch of cease and desist letters and contact some IPs.

EULAs for a game rated TEEN will never be brought up in any legal way if a company can get around it.  If you're under 18 in the US you can't even agree to a legal document or licensing agreement in the first place so the EULA is worthless.

Geez, I feel like I'm at work...

[keirra]

EULAs for a game rated TEEN will never be brought up in any legal way if a company can get around it.  If you're under 18 in the US you can't even agree to a legal document or licensing agreement in the first place so the EULA is worthless.

Geez, I feel like I'm at work...

That's the first time that has been mentioned (to my knowledge) and really makes alot of sense.
Also, what is your job, if you don't mind me asking?

[wicked_one]

Disney website says you can use disney images as long as it is not for commercial purposes. I am guessing the only way you'd get a shitfit from disney is if you: defame their characters (shame on you) or sell whatever you made with their images on it (*points at exnem*)
If you want to make wallpapers and share them for free, they wont complain, its just free advertising for them. Although I think they would appreciate it more if people specifically said "Disney's Little Mermaid Official website: http://disney.com" ya know, actually credit them, so that people might visit the website and buy crap.

[rickets]

keirra - I work in tv and/or film in the art department.  In terms of the legal stuff my day is filled with things like trying to figure out how to get the rights to use a print by Picasso or a Time magazine cover from 1974 on screen.  I know nothing about say fighting a parking ticket in court but I know a heckuva lot about copyright and trademark law.

[keirra]

keirra - I work in tv and/or film in the art department.  In terms of the legal stuff my day is filled with things like trying to figure out how to get the rights to use a print by Picasso or a Time magazine cover from 1974 on screen.  I know nothing about say fighting a parking ticket in court but I know a heckuva lot about copyright and trademark law.

Sounds like a very interesting job.  Thanks for answering.

[Pirate Gem]

I wish Josh was actually on to talk to at this moment, I so want to boil his blood up, it's fun

Shame he appears to be offline on Skype...maybe if I spam rings on him he'll pretend to stop being offline.

Anyway

Great to see this development, I cant wait to see paysites BUUUURRRN!!