MachineClaw opened this issue on May 23, 2003 ยท 207 posts
DAZ3D posted Fri, 23 May 2003 at 1:51 PM
Attached Link: http://www.daz3d.com
There are a couple of different points here that I need to make, and I'll try to be as clear and concise as I can.1.) As for the posting of images or renders: You can post anything you want, anywhere you want so long as it's not damaging to Anna-Marie Goddard. For example: pornography, anything that is slanderous or libelous in nature, or otherwise derogatory about her.
2.) As, FrankJann mentioned: An error in the EULA that didn't get caught as we were working it out with all the different lawyers: The line about commercial distribution (point 3) being limited if the item being distribute included any portion of the product is inaccurate.
It is supposed to say (and is being updated right now) "you cannot sell any portion of rendered output that contains the original 3-D Model, as delivered by DAZ3D, without prior written consent of Anna-Marie Goddard, her attorney(s), or other legal business representation."
You can use this item in a commercial endeavor so long as it is modified to a reasonable extent. As GhostofMacbeth stated, anything that uses this digital clone in a commercial way to show approval or endorsement by Anna-Marie Goddard of anything CANNOT BE DONE WITHOUT written consent. However, as Firebirdz brought up earlier in this thread:
3.) What if, since her package comes with morphs, [or is] mixed with other morphs to create a unique character? Can that be used for Commercial purposes ?"
YES, IT CAN. So, go ahead, buy her, make her look the way you want her to look, and then go about your business as usual.
Something else thats important for you all to know is that DAZ is not the entity responsible for enforcing the EULA, it is a concession that was made to Anna-Marie upon the request of her and her agents, they also agreed to be the ones worrying about policing these restrictions. Just FYI.
I hope that this helps answer the majority of your questions. Yes, these restrictions are beyond what we normally include with a purchase, but we are selling the digital representation of an actual human being. I don't know of anyone famous that would go for a project like this without taking such steps.
Thanks again for your patience with our store changeover. Everything seems to be settling down for the most part, only a couple of big things left. Btw, everyone's Platinum Club membership should be reinstated now, if not, please let our webmaster know.
Steve Kondris
DAZ Productions, Inc.