Eternl_Knight opened this issue on Mar 18, 2005 ยท 216 posts
Khai posted Fri, 18 March 2005 at 7:04 PM
to quote : "To Sixus1 Users and the Poser Community at large, It was recently brought to our attention that by releasing Lilin2 with joint parameters and uv's compatible to those of V3 is in fact in conflict with certain aspects of the Daz EULA agreed upon with purchase or download of the Victoria figure. Based on our interpretation of the EULA previously, we at Sixus1 Media were not aware that the features built into Lilin would constitute any infringments. Please note that the model itself is not considered to be in violation of any copyright or agreement and no copyright infringment has taken place, only a conflict and misinterpretation of the intent and implimentation of the Daz EULA by Sixus1 Media. Obviously, this situation presented a great concern to us, thus a dialogue was opened with Daz through which we might gain clarification of the EULA points that were misinterpreted. After some discussion of the situation between myself and representatives from Daz in which many different options were considered, a compromise was not reached that would satisfy the interests of both parties in which L2 could remain in distribution. We had initially come to an agreement in which Lilin L2V3 would be RTencoded and require V3 to present in the user's runtime to unlock the files (Note: the subject of RTEncoding the figure was considered only as a means of "locking" the figure. NO PART OF V3 WAS USED IN THE MESH OF LILIN.). Then on further discussion with DAZ some understandings we thought had been reached were brought back into question, thus our deicision to pull the figure rather than fight a legal battle that would deplete both time and resources for a figure that we did not and would not make direct profit from. It is important to note that the EULA from Daz aparently does, after having it clarified by both thier staff and our legal council, grant them a great many rights over works that support or are compatible with thier figures. It was our assumption that building a figure that is compatible with another figure on many levels did not constitute any issue with the holder of said figures, and that it fell under the same kind of allowances as are common for clothing, character modifications and other types of add ons that are commonly produced. It was in this interpretation that our error was made and it is my hope that from the situation having arisen in the case of Lilin 2, the clarification gained from this instance will serve to prevent others from making this same mistake in the future. For the record, I would like to make it known that correspondence between Sixus1 Media and Daz representatives has been both cordial as both sides attempted to reach an amicable arrangment. I would personally like to thank Eric and Chad for thier professionalism and courtesy as we dealt with this matter. I am sure that many questions will be posed regarding what exactly all this means which Rebekah and I will be more than happy to answer in this thread. As many of you know, future installments of Project: Human figures had originally been slated for unimesh compatibility, however due to the situation with Lilin 2 we have decided to alter our plans for Project:Human on many levels. We at Sixus1 Media feel that it is best that we do not continue our plans for unimesh compatiblity in future releases. We prefer to maintain a very streamlined environment, both in production and administration, and offering unimesh compatibility, as we have found in the case of Lilin2, is an endeavor that offers up numerous issues that we would prefer to avoid altogether. The entire reason any unimesh compatibility was ever planned or developed was to fulfill the desires voiced by many, many users. While I understand many of you will find some disappointment in our decision to drop this compatibilty from our plans, I hope that you will all understand our reasons and support the future of Project: Human nonetheless. It was our intention to bring the 2nd generation Project:Human figures into the realm of compatibility before unveiling the 3rd generation figures. Both 2nd and 3rd gen P:H figures were intended for simultaneous circulation. However, as plans for unimesh compatiblity are now being scrapped, we are now planning an earlier release for the 3rd gen figures. With that release will also come a major change and evolution in the nature of Project:Human in the form of the Open Source Figure Lisence (OSFL). Details on the lisence will be released later next week along with the release schedule for the 3rd generation of Project:Human figures. Just to reiterate, the model itself poses no violation as it is 100% original. It was an error on our part to build it with UV's, joint parameters and "fit" morphs to allow it to accept V3 textures and clothing without first contacting Daz for thier permission. -Les Garner" now why did Les pull L2? read this line again : "t is important to note that the EULA from Daz aparently does, after having it clarified by both thier staff and our legal council, grant them a great many rights over works that support or are compatible with thier figures. " now, to answer Pengy and cooler - the EULA gives Daz the rights to affect the mesh and how it is further developed. A mesh which does not belong to Daz. think on that. Les pulled L2 rather than loose control of his work to another firm. fair enough I say.