Forum: Poser - OFFICIAL


Subject: Considering Work on a DAZ Figure? See this first...

Eternl_Knight opened this issue on Mar 18, 2005 ยท 216 posts


Eternl_Knight posted Fri, 18 March 2005 at 5:17 PM

Big time catchup required here. Firstly, some people are assuming that the mesh has elements of unimesh in there. That is not the case. The mesh is 100% original. The problem DAZ has is two-fold. First, the JP's (by the very nature of V3-compatibilty) are very close on V3 original. Second it is a "substantially similar" figure to V3. The first issue is the scary one for me. See, DAZ can claim EULA infringement based on use of the same JP's. Which means that any set of clothing (bar the "dynamic" stuff) created for V3 can be pulled from distribution at DAZ's request. Now I read the "clarifying" statement DAZ made in regards to their EULA over at PoserPros. But guess what, having asked a lawyer about that - he said their "intentions" mean nothing when I agree to the EULA. See, DAZ is not required to keep the same intentions over time, only to keep to the same terms of an agreed upon contract. In other words, they can come after anyone they damn well please on the strictest terms of the EULA. The "substantially similar" part of the agreement is obviously a stranglehold maintainer as they know that 90% of all content is for their figures. Can't have the virtual monopoly falling apart because someone made a better figure that is compatible can we? Note that I'm not saying what DAZ can (& are) doing is wrong "legally". They are well within their rights to do that as whoever has installed V3/M3/etc has agreed to those conditions (knowingly or not). I'm simply making it known that there is an issue as I had intended to jump into the whole V3 clothing thing head first. However, the clothing content I have made will now sit on the digital shelf as I will not rely on the goodwill of a company for the continued existence of my products. some people mention that I shouldn't mention the CL EULA. shrug Well, I've only seen it's latest incarnation and it is pretty reasonable as far as "content" goes. The rest of it is typical for software packages. Hell, Microsoft makes any other license (software or otherwise) seem like a gift. Thing is, it doesn't matter what OLD contracts might or might not have been like. What matters is the terms in the contrats YOU agree to. DAZ's contract legally stops one from using their joint parameters for anything. It makes no provision for supporting content, no provision for compatible textures, zip, nada, zilch. It states that one cannot copy any part of their "3D Model" (by which they also mean the rigging, i.e. joint params) for distribution. Simple, if completely draconian. As for the textures issue, one CAN actually classify them as derivative products where the use of the mesh or a derivative UV map image (such as SnowSultan's seam maps) was REQUIRED for it's creation. The example of "leather textures" I will acknowledge are not really covered by this, but anything where you need to place the eyebrow textures correctly, the lipstick within the right region, etc ,uses the UV's for this purpose. As such, they can be classified as derivative products. If this were NOT the case, why would CL make an explicit mention of this exact practice as something they allow as an EXCEPTION to the standard rule? I work in the software industry for a living and so I am kind of used to crappy EULA's. But what really takes me back is their provision that one cannot create a "substantially similar" creation. That would be like Microsoft stating in their EULA that acceptance of it means one cannot work on developing "window-based user interfaces". Oh, and no offence Pengy - but as mentioned, what WAS in CL's license isn't the problem. The problem is what IS in the DAZ EULA. And your "they can barely comprehend (let alone understand)" is so typically arrogant as to be laughable! Only people such as yourself can grasp the fundamentals of a license agreement? Give me a break! What does all of this mean to me? Well, it means that (given the figures are as ood as they look) I will be developing for Jessi & James. The agreement under which I can create content for them does not give CL the right to have it pulled at a moment's notice or "encoded" against their figures. Simply put, they allow me to create clothing, textures, etc for their stuff - no strings attached. DAZ do not