Want to create routes payware, have some questions about copyright

Lol, Alberte posts are always entertaining.

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Tonight it may be this:
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So essentially you are saying in your opinion I am not able to give an undertaking that the textures I use will not be used for payware which happens to be a requirement for obtaining permission to use some of my textures.

This puts me in a very awkward position as the same textures have been used on commercial products and a commercial price was charged for them. It would seem that the photographer isn't being paid for their work even though someone is making money out of it.

Cheerio John

I guess I don't see how you can prohibit someone from simply referring to something that's freely available already. It would be as if I tried to sell a list of my favorite TV shows. The creators of the shows couldn't tell me not to. (Whether anyone would buy such a list would be my problem...)

Other creators shouldn't be able to make money off your hard work if you don't want them to, but a route (the file itself) does not contain the actual items, it's only a list of items and coordinates. So they are not distributing anything. You could stop that by removing the stuff from the server, I assume. (Correct me if I'm wrong, but I am under the impression that the creator can remove stuff that's been uploaded to Auran's server.)

Taking your stuff and making a reskin or using part of it in a new object would be totally different. Since in that case they would have to re-distribute your files without permission.

Of course, I don't think there would be a paying market for a route that only had DLS content. There are plenty of great free ones. So it's probably a moot point anyway.
 
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So essentially you are saying in your opinion I am not able to give an undertaking that the textures I use will not be used for payware which happens to be a requirement for obtaining permission to use some of my textures.

This puts me in a very awkward position as the same textures have been used on commercial products and a commercial price was charged for them. It would seem that the photographer isn't being paid for their work even though someone is making money out of it.

Cheerio John

You have it wrong John, he is not distributing your texture, he is selling an item with your kuid listed. If the person wants to buy his route they have to come to you and purchase your texture. Whats the problem?????. Obviously he can not distribute your texture with the route, but for him using it in his route in my opinion you have absolutly no say.

There is a lot of rubbish written about copyright in this place. Some of the things I see written in config files are an absolute joke. All sorts of dracoian statements about seizing computers, burning your house down and such rubbish. What person writes in there config file 1st and for most has to be lawful. As an ex police officer I could never get a search warrent to seize a puter for some of the stuff written in the config files, and if I was fortunate enough to get one the Judge would have my guts for garters. And apart from getting a search warrant I do not see how you are gonna get someones puter.

I thought the 1st and basic principle of a copyright, its to stop unlawful distribution of copyrighted materials. A route made by a person is nothing more than a collection of kuid's and cordinates.

The biggest thing to remember about all of this is, It dosn't matter what is said here or anywhere else about copyright there is only one persons opinion that matters at the end of the day. Thats the JUDGE.

Cheers

Lots
 
I guess I don't see how you can prohibit someone from simply referring to something that's freely available already. It would be as if I tried to sell a list of my favorite TV shows. The creators of the shows couldn't tell me not to. (Whether anyone would buy such a list would be my problem...)

Other creators shouldn't be able to make money off your hard work if you don't want them to, but a route (the file itself) does not contain the actual items, it's only a list of items and coordinates. So they are not distributing anything. You could stop that by removing the stuff from the server, I assume. (Correct me if I'm wrong, but I am under the impression that the creator can remove stuff that's been uploaded to Auran's server.)

Taking your stuff and making a reskin or using part of it in a new object would be totally different. Since in that case they would have to re-distribute your files without permission.

Of course, I don't think there would be a paying market for a route that only had DLS content. There are plenty of great free ones. So it's probably a moot point anyway.

The issue is a photographer has taken some photographs and has sold copies. They have copyright on the images. They have licensed some textures to be used for non-commercial purposes.

If you create a payware whatever then you are using their copyrighted images but you are no longer respecting the license. In that case I think as the person making money off the photographer's images, and we are talking about commercial photographers here, then I think it is incumbent on the person creating the payware to obtain the correct license ie pay the $500 to $2,000 per texture that the photographer would normally charge for a commercial license.

Personally I would prefer that my work is not used in payware. If its payware then my initial reaction is you spend your own time creating content not mine. I'm certainly not prepared to pay the commercial licensing fee so some one else can use it.

I think as Lot_Trains points out it is up to a judge but from where I'm sitting if you've made any money from the work of a photographer who holds copyright on their photographs then I don't see you have a very strong case.

If its found that the content creator is responsible for paying the appropriate license fee then I foresee requests a lot of requests to remove content from the DLS.

Cheerio John
 
I'm not debating copyright either, I just remember sometime in the past few years it became a 'Big Deal' with some community members then the company about non-Auran content that was Builtin and such. I forget how it started, possibly as part of clarification on the DLS policy, but I remember some comments on it and positions taken.
The whole permission thing and certain other attitudes put me off doing anything I had not made completely on my own.
So if any of that has died out or changed, I honestly wanted to know, no debate.

Unless it is actually legal and possible for a person to specify in his copyright license that "you will have to take me out to dinner before you can redistribute this work" :p :hehe:,
Guess I should make a counter-license for whatever these are:
counter-license: If you want dinner, you better be my type, cute, available and not a gold-digger, it doesn't matter how good your content is. ;)


There is a lot of rubbish written about copyright in this place. Some of the things I see written in config files are an absolute joke. All sorts of dracoian statements about seizing computers, burning your house down and such rubbish.
I remember a few of those from back when I first joined, I thought they were comedy, not serious. Serious came sometime during 2006 and on.
 
How can they have my key code if I will not give to nobody :) Including to this forum. I will not want to register the code here then my code will got stolen :eek:

All that registering your CD key/serial number with your Planet Auran account does is it permanently associates that serial number with your account, preventing any one else from using your serial number in a different account. Your serial number is never exposed to any one but the company who manufactured your game and serial number. The only thing that people will even see is the name of your Trainz version in a "station" icon next to your username here on the forums. Again, your serial number remains private.

Regards.
 
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