Licensing

Status
Not open for further replies.
As if that would stop a team of lawyers from arguing...

It really doesn't matter at this point, these threads are just post count factories for everyone involved. You guys go ahead and figure it all out, I'll come back after you've failed to nail everything down!:D
 
Since this is a debate on Licensing can I point out that N3V Licensning - by using there software you have agreed that all matters will be dealt with under QLD law.

Wonder if the QLD law system is like the one here in NSW ... we have some

of the best courts money can buy:hehe: :hehe: :hehe:


It like the joke in my office ..

Q) what do you call someone who does not start work until 10am always make sure he has an hour for lunch is on the 1st tee of the golf course no latter than 4pm most days and earns $75 an hour.

A) Your Honor
 
As if that would stop a team of lawyers from arguing...

It really doesn't matter at this point, these threads are just post count factories for everyone involved. You guys go ahead and figure it all out, I'll come back after you've failed to nail everything down!:D

I think this is the best post on this who subject
 
It's worth noting that the US copyright law is based off of international codes and enforced by Interpol also. There's only a handful of places that don't abide by the Interpol codes dealing with copyright and licensing, of which I think Iran is one and China the other.

Furthermore, there is this interesting note which I had to ask my friend just now what it meant:

You acknowledge that N3V owns all rights (including copyright, intellectual property rights and trademarks) in respect of:
A all Trainz products including Trainz, the Trainz Modules and the Software;
B the Plant Auran websites provided by N3V;
C the Auran Download Station; and
D Auran Content Creators.
N3V is the entity responsible for maintaining and operating the Auran Download Station and Auran Content Creators services.

According to him, this means that Auran, and N3V owns all rights and copyrights to the items on the download station. It is worth nothing that the "Content Creators" service they refer to here is not the 3rd party creators. This refers (as Jake tells me) to employees of the company, but by including the Download station in it, it allows Auran to basically decide what can and can't be done with the content there. Which makes sense since now in the repair content option in your planet Auran profile it notes:

By participating in the Download Staion Cleanup process you are agreeing to the terms of the Download Station License Agreement and the additional terms below:

We grant you permission to download any item of faulty content, create a new KUID2 version using the original UserID and ContentID, repair it in situ, and re-upload it.

You are not permitted to fundamentally change the content beyond what is necessary for the repairs.

I bolded that last bit. It's important, since in the DLS license agreement it says "You can contact N3V and request that N3V remove all or any of your New Works from the Auran Download Station but N3V is under no obligation to do so." Again, I bolded it, that's not how it's written.
 
Last edited:
It's worth noting that the US copyright law is based off of international codes and enforced by Interpol also. There's only a handful of places that don't abide by the Interpol codes dealing with copyright and licensing, of which I think Iran is one and China the other.
And the other Is Queensland Australia, Its the only state in Australia that has totaly diffrent laws to the rest of the Country.
 
Buttered and salted, please!
Are you sure I can't give you money for a FCPT, to get my popcorn *really* fast?

Curtis
 
It's also worth noting that the bulk of his license that he printed claiming that it somehow forbade a payware route builder from referencing his work on the DLS was the following:

"The AGREEMENT grants you permission to use the PRODUCT for your own personal private use, but NO permission is granted to modify, distribute, sell or re-sell the PRODUCT, in part or in full, unless written permission has been obtained from THE AUTHOR."

Now what's worth noting is that if someone references a kuid to an asset that he has on the DLS, they're not modifying, DISTRIBUTING, selling or reselling the product. The product IS being used for the end-users own personal private use.

That's just a fact and while yes it may not be fair, it's a fact. I'm really not sure how he thinks that license is going to stop somebody from referencing a kuid in a payware route. I know John has to be a bright individual, I'm pretty bright (believe it or not) and I put 3ds Max back on last night and messed around with it a little bit, and I'm absolutely lost, he has to have some modicum of intelligence to make his brain think in three dimensions.

But for the life of me I can't understand on this issue how he thinks that license as it is worded forbids someone referencing one of his kuids of an asset on the DLS in a payware route. Because his asset is being used actually to the letter not just the spirit but to the letter of that license.

Because the route builder is not modifying, distributing, selling or reselling the product, when he placed it in the route initially he was doing so for his own personal private use, once he sells that route to the end-user, the asset isn't in the CDP, just the kuid and the asset is on the DLS where it's always been, when the end-user puts the map in his machine, and downloads that asset from the DLS, the end-user is using that asset for his own personal private use.

Because unless the route builder downloads and includes that asset in the route CDP (which I have always said is wrong, and the unscrupulous route builder that does that should be hunted down and hung) merely referencing it's kuid doesn't violate any license old or new because it is exactly how Auran/N3V designed the DLS to work.

Now I'm not gonna get sucked back into this other than what I just said above. It's hard not to get engaged in such conversation. And for the record I have not built a payware route, I hadn't planned on making a payware route, I am considering it now because I've turned down plenty of offers to do it. There is a market for it I really believe that's why this subject came up, but if I were to adhere to that license above strictly to the letter, it would be referencing the kuid in a CDP file, exactly the opposite effect that John hopes to achieve.
 
Last edited:
The reason I'm in this, is I and my girlfriend are two of the payware route builders. We've been on hold now due to illness, but in the past both with MSTS and later Trainz we ran into problems with this time and time again. So, I have a lawyer on hand and keep several stacks of letters with actual documented proof that we can send in response to the many "threats" about lawsuit that we get over this. In the end I've only been sued twice, and both cases were tossed out of court. One for lack of evidence, the second because the guy that sued couldn't be bothered to actually show up in court.

Edit: So I guess what I'm saying is, that I know from previous experience what you can and can't do. It's worth noting both suits were over the same MSTS route I built back in 2003.
 
Last edited:
Under QLD Law----It is illegal to force a kangaroo to drink more than 6 bottles of beer.
Are the sizes of the bottles specified, or are they assumed to be 'bottles of average size?'

Edit: It's nice to have a response from a payware route builder - thanks for the perspective, magickmaker!
 
Buttered and salted, please!
Are you sure I can't give you money for a FCPT, to get my popcorn *really* fast?

Curtis


Hi Curtis,

All popcorn orders go through the HelpDesk.
There may be a 3 month delay in getting your popcorn order.:)
That is why no FCPT is needed for this offer.

http://forums.auran.com/trainz/showthread.php?t=72942

However, the shelf life on your order is good for 6 months from today, May 11, 2011, so it still will be edible upon receipt.

Sorry,
 
The reason I'm in this, is I and my girlfriend are two of the payware route builders. We've been on hold now due to illness, but in the past both with MSTS and later Trainz we ran into problems with this time and time again. So, I have a lawyer on hand and keep several stacks of letters with actual documented proof that we can send in response to the many "threats" about lawsuit that we get over this. In the end I've only been sued twice, and both cases were tossed out of court. One for lack of evidence, the second because the guy that sued couldn't be bothered to actually show up in court.

Edit: So I guess what I'm saying is, that I know from previous experience what you can and can't do. It's worth noting both suits were over the same MSTS route I built back in 2003.

Okay, as a payware route builder, you know that when you put together a CDP of a route the only thing in there (unless you specifically do otherwise) is a list of kuids and coordinates, correct?

You also have to agree that his license does not forbid (nor can any license that he can come up with) the transfer of kuids from one user to another whether it be for money or for free. He doesn't have the right to place some kind of license on a kuid.

Because as I stated in the other thread, and was called a freeloader and worse, if you reference a kuid it's on the DLS in a route file CDP and you sell that route file CDP to another registered user of the simulation who can then use that CDP file to access the DLS legally and actually get that dependency, you're not doing anything wrong illegal immoral unethical or otherwise.

Matter of fact his licensed as stated by him in the first post of this thread is being upheld to the letter.
 
Last edited:
snip....According to him, this means that Auran, and N3V owns all rights and copyrights to the items on the download station....


Although I agree with his basic concepts, I would have to challenge him on this point. I believe that N3V is claiming ownership of the Download Station, as well they should and is not necesarily trying to take ownership fo the content. They have assumed authority to do certain things with the content when a creator agrees to upload it, but Auran also acknowledges that the creator retains certain rights also. I don't believe that they'd do that if they were claiming exclusive ownership of the content. I believe that they exclusively own just what it says, the Download Station, which is a tool and database for creators and N3V to use as a method of distribution. No more, no less.

It's akin to a situation where I owned a building and decided to rent it to someone for their personal use. The tenant then moves some furniture into the buildng, with my approval provided I get to use the furniture also. Do I now claim ownership of their furniture just because I own the building. I don't think so.

I was trying not to get drawn back into this debate, but I felt that this point needed clarification. Now I'll sit back and get back to my popcorn.

Mike
 
Kinda interesting to watch the discussion go by.

To allow the use of the textures I have used on the DLS it would appear that either the license would restrict the use by people intending to create payware routes or they shouldn't be allowed on the DLS in the first place. I'm not too concerned either way as I assume N3V will delete the content that shouldn't be there but it does perhaps make the DLS less attractive to content creators unless some one can come up with a solution.

On a more interesting note I'm curious how do you force a kangaroo to drink six pints of beer? I think it would throw up after the first pint of the local Canadian stuff.

Thanks

Cheerio John
 

Law Quotation :​
Only one thing is impossible for God: To find any sense in any copyright law on the planet.​
Mark Twain​
 
Are the sizes of the bottles specified, or are they assumed to be 'bottles of average size?'

Re the size of the bottles, they use "stubbies" (375ml) and they are
pre-packed in a 6 pack and fit neatly in their pouch.

And they like buttered popcorn with that.

Cheers,

Bill.
 
Call me crazy but didn't you have your form on this whole payware freeware routes before in another believe it was called ethics? why don't you face that fact that auran policy is good enough ugh, some people don't listen to the little guys now do they. I would only go after if your content was stolen and they did nothing ending story now.

the giving up on this whole mess side of Beattie
 
Last edited:
Call me crazy but didn't you have your form on this whole payware freeware routes before in another believe it was called ethics? why don't you face that fact that auran policy is good enough ugh, some people don't listen to the little guys now do they. I would only go after if your content was stolen and they did nothing ending story now.

the giving up on this whole mess side of Beattie

Your totaly correct Sir and that is why some of us are treating this thread with the due respect it commands.....



None at all :hehe: :hehe: :wave:
 
And a Martini..............:hehe:

Derrmy, Key Phrase in thier DLS Item you check when uploading:

Auran is in no way responsible for the contents of your upload package and can in no way be considered liable for any of its contents.

If they take no responsibility to the asset, then individual licensing is valid because once distributed to a local computer that local computer operator is no longer attached to the DLS Policies and then the license of that asset is in effect on an individual basis.

Also, the Auran Content Creation and Distribution Policy has not been functioning for months.

I totally agree with Derrmys last sentence since this has become such a topic. What a shame.

The policy is currently located at http://online.ts2009.com/mediaWiki/index.php5/Download_Station_License_Agreement.

I find magickmaker's post interesting. Nice to finally have law information relating to this. As for popcorn, I just had mine (with butter (?), sea salt, and cheese), ;) but we really should not turn this in to a continuation of a closed thread.

Regards.
 
Last edited:
Status
Not open for further replies.
Back
Top