Reskinning Majekear's assets

Gary_Evans

Still plays with Trainz
A recent upload from john2002 (kuid:758466:100045) prompted me to post this query.
After uploading the Ralston Purina SHPX hopper, I informed john2002 that I had deleted the asset because there was no mention of permission given and I suspected future problems. He responded (Freeware announcements, Content by MSGsapper, post #823) and by PM that he didn't mention permission because he listed Majekear in the description, which of course he did not.
My question is; can any of Majekear's hundreds of uploads be reskinned without permission merely by mentioning Majekear in the description?
 
i'm already uploading another version of the car with Majekear credited in the description
and yes you can do it by simply crediting majekear. Why else would there be rgcx's boxcars?
 
Without formal permission you are doing something illegal.

In other words:
Unless you either have formal (written) permission from the author OR the license supplied with the asset clearly states that you are allowed to do what you want to do, you are doing something illegal.

The facts that someone else is doing something doesn’t make it legal for you. The other person might actually have written permission from the author without you knowing it.

Just crediting someone does not give you permission. It might be required by the author though.

@ the OP:
Please informed the original author so he or she can make the correct judgment and possibly ask N3V to take the appropriate actions if the upload appears to be illegal.
 
I already emailed Majekear about permission

I'm amazed those uploaded without permission reskins of SPORBUST's SD70Ms I did back in 2015 haven't been removed yet
 
'EULA
The progressive mesh file(s), textures, associated files contained in this distribution are copyright 2002 under universal copyright law. Any distribution or alteration of these files other than by the original author (Rene' N. Steinkamp) are prohibited excepting the distribution from Auran's servers. If for any reason you had to dispense money or services in order to gain access to these files, with the exception of having purchased Trainz from Auran or purchased Trainz from an Auran authorised distributor, please notify me at admin@worldoftrainz.com immediately as these files are ONLY for distribution from Auran or Auran authorised services and are ONLY to be distributed as free items as described in the above terms.If you are in posession of these files and are using them in an illegal copy of Auran's Trainz, you are in violation of this EULA and as such, even without reading this file, have given full expressed permission for your local or national law enforcement agencies to sieze said computer equipment that may be used in the storage or distribution of these products for the express purpose of protecting these products' copyrights. This document is permission to sieze and detain any materials used for the illegitimate operation and/or distribution of these products. Logo used is property of Atrium corporation and is not used for profit in anyway.
These contained files are provided 'as-is' with no garuntee either expressed or implied as to their fitness for use with Auran Trainz or any other product on your machine. Neither Auran, nor I are responsible for anything that may happen to your computer or information on your computer, or through those items to any of your or anyone else's posessions. The exclusion of other articles of GNU international freeware copyright law is NOT an indication of inapplicability of those laws. NO OTHER STATEMENTS EXCLUDING AURAN EULA APPLY!
 
With regard to the OP, the license on these assets, as reprinted in post #5, nowhere states that attribution is a requirement. The only requirement is distribution via Auran's Servers and that they not be made payware. At least that is how I read it. The only question in my mind (re: John2002's thread under freeware), is, are Majekear and Rene' N. Steinkamp he same person? If not, then Majekear's assets might be considered a derivative work and therefore may require something different than the license written by Rene' N. Steinkamp. I don't know how derivative works are considered. If they are in fact the same person, then the license should stand as written. In my own opinion.
 
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You have to remember that copyright is inclusive of all rights unless specific permission is granted by the creator. In other words, the creator doesn't have to say what you can't do to his creation. Some creators do opt to include restrictions such as "No redistribution other than on Auran servers" or "No use in payware" but that doesn't mean they are not reserving their other rights.

The point is likely mute as Majekear is a nice guy and will probably grant permission.

William
 
You have to remember that copyright is inclusive of all rights unless specific permission is granted by the creator. In other words, the creator doesn't have to say what you can't do to his creation. Some creators do opt to include restrictions such as "No redistribution other than on Auran servers" or "No use in payware" but that doesn't mean they are not reserving their other rights.

The point is likely mute as Majekear is a nice guy and will probably grant permission.

William

So he is, as well as being Rene' Steinkamp.

:B~D
 
Off hand I believe this hopper’s 3D mesh was created by Auran, but I can’t know for sure without you telling me the kuid number. If you don’t know how to find the number, you can open the config.txt and find the tag ‘kuid’ which will indicated the number on that line.

If it is Auran’s creation, you will not need my permission, nor Auran’s (now N3V) directly. You should be able to find more information about reskinning their creation at their website.

But, it might be someone else’s creation, and not mine.

So you know, I have NOT refused anyone from reskinning my 3-D meshes so far. I just need to be certain. I would hate for you to get in trouble because I made a wrong assumption. Understand?

Thanks,

Rene’ N. Steinkamp


this came in my email inbox
 
Well this is my second attempt at replying to this thread. So if the prior one I wrote does show up here, you will know why I repeated myself. In any event, this one will be shorter.

To Gray_Evans, thanks for pointing out to john2020 your concerns about his uploading of the 4-bay hopper in question.

To john2020, I basically recognized early on that you were new to the Trainz content creation process. Reminds me of my early days and so, I am more than understanding about what you did or didn't do.

The 4-bay hopper begins with Auran, which made a number of their so called alias car meshes available via Content Creation Studio, etc. I purchased this package back when and did several modification via the Gmax 3D program, plus with the aid of several others kind people, features like animation of hatches and brake hoses, running numbers, etc. So to me it is a combination of many talents, as are many Trainz assets. May I express my appreciation and thanks again to Auran (now N3V) and the others. I spend a lot of my time thinking that I have not thanked everyone involved over the years more than enough and welcome this opportunity to thank them again.

And under 'by the way', rgcx requested and obtained my permission prior to his reskin of all those boxcars he did. Thanks rgcx.

Yes, Rene' N. Steinkamp and I are one in the same, as much as I would like to say it is not true. LOL

To wreeder, what can I say about your kind comment about me. Thanks. Shame everyone I know does not agree with you. But I am trying my best to have them agree with you.

John2002 did not initially request my permission before uploading his reskin of the hopper. Given that I would rather encourage others to become contributors to Trainz, I have no problem with overlooking his, shall I say, misstep. No one is perfect, thank God. After some ado I was able to get from john2002 the information I needed to track down the origins of the hopper in question. John2002 currently only has my permission to reskin the hopper. Nothing else. As others have mentioned, he would do well to also thanks all those involved in making the hopper possible. Might I add that I don't think it is necessary for him to seek their direct permissions; as I did that already. If I am wrong about that, I apologize.

Now, might I say that in my opinion it is not sufficient to assume that by mentioning the creator in the asset's description that you have by magic obtained their permission to whatever it is that you have done with the asset no matter how honest your intentions (what a beautiful run on sentence that it). Put plainly, it is just better to ask. As far as I can recall, I have not turned down anyone who has asked permission. But no one should get the idea from me having done so, that I might not one day just flat out say NO!!! And if any of you are wondering, do I care about the quality of the reskin or whatever is done to my assets. Yes I do. Did you hear me rgcx? Yes, rgcx, I am putting you on. LOL.

Just one other thing. Apparently wreeder recalls more about my past at this point in time than I do. That is just plain frightening. LOL And finally, my thanks to all who commented on this thread.
 
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Maybe i read it wrong on the license part of the config, but i thought it was okay to upload to the DLS reskins of your work. If i read it wrong i am sorry. If in future if i plan to upload a reskin of yours, do i need your permission for each one or what? Just slightly confused here is all.
 
Just one other thing. Apparently wreeder recalls more about my past at this point in time than I do. That is just plain frightening. LOL And finally, my thanks to all who commented on this thread.

Good Day, Rene'. Good to hear from you. I used to have a photographic memory but then the world went digital and now I can't get film for it any more, LOL. So I know how you feel. I was very happy to see you had put out new versions of your rolling stock. I've always been a big fan. Thank you for your creations.

William
 
From Post #12, I believe he retains the right to say no: "Put plainly, it is just better to ask. As far as I can recall, I have not turned down anyone who has asked permission. But no one should get the idea from me having done so, that I might not one day just flat out say NO!!!" That being the case, at minimum I would think you would need permission each time you endeavor to reskin any given asset. To even guess that you can reskin the same asset multiple times, is not clearly stated. As always, just my opinion.
 
Fourteen, the short answer to your question is yes, I would appreciate you asking my permission. The long answer is also yes, because I can hopefully determine whether or not the asset is my creation and not that of someone else. Keep in mind that many of my assets are actually reskins of a mesh created by someone else. So the real question or need is to get the permission of the person(s) that did the 3D mesh (the body you are putting the skin on).
 
okay i can do that is no problem. When i get a chance i will send you a PM of the meshs/body to see if yours or aurans etc. that i have been reskining for the DLS. Thank you for clearing it up.
 
Forester1, while the following is not necessarily the same with all creators, I may grant permission to reskin the given asset numerous time or just one time. In other words, you may not have to ask repeatedly.

Example: I asked David Snow, one of our renowned creators, to reskin his splendid 250 ton rail crane. Not beIng all that familiar with my limited abilities, he wisely asked to see the initial finished product before allowing me to upload to the DLS. After I did several he gained enough confidence in my work to permit me to upload without asking permission every time. Subsequently he allowed me to have and modify his incredible mesh. David thus retained my eternal gratitude and respect, which he would have even if he had turned my request down. Why you might ask. Because as a fellow creator I know all to well the amount of talent, skill, work, and dedication that he puts into his creations. Together we were able to provide many, many rail cranes for the Trainz community to enjoy.
 
Absolutely understood sir. And I greatly appreciate your generosity in these respects. My comments are just coming from a strict interpretation as I understand it, because people get nailed pretty hard around here if they try to make any assumptions. I very much support what Fourteen and John2002 are trying to do, and I very much want to see that they are able to continue doing so! My main effort is to try to spot the pitfalls in front of them BEFORE they fall in! 'Nuff said from me for this, you are doing a great job here.
 
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