Eternl_Knight opened this issue on Mar 18, 2005 ยท 216 posts
danfarr posted Sat, 19 March 2005 at 6:11 PM
I have to say that I am happy with the direction this thread has gone. It has been narrowed down to what I believe are very direct, sincere and important questions regarding the issues. Hopefully my response will address them. Some of them specifically and some of them generally.
First of all, I want to address a few of BH's questions directly.
BH wrote:
i hope youll admit that with only daz in-house products to support it, V3/M3 may not have fizzled out but it definitely wouldnt be anywhere near the success it is now.
I could not agree with you more on this statement and in fact acknowledge this belief every chance I get. I do believe there is a true symbiosis in every sense of the word.
BH Wrote:
we create items for your products. and from what i see in this thread according to your EULA once we choose to support any daz models you pretty much own whatever we create
Our claim in on our works not yours. If our work is contained in part of your work then we claim ownership of our portion thereof. For example, if you create an original dress mesh to fit Victoria, we do not claim ownership to that mesh. You may choose to re-fit that dress mesh to a totally different figure (using the other figures JP's). We claim no ownership on your dress.
BH wrote:
Posette shipped with Poser. V2 had a VickyP4 morph that was pretty much V3's head on posette's body, and allowed it to wear all posette clothing. please explain to me the difference between this and what sixus was trying to accomplish with lilin.
While part of Zygote we entered into a non-exclusive license agreement with Metacreations allowing them to use the models within Poser. Zygote retained full rights to the models other than that agreement. When DAZ formed out of Zygote, those rights (along with all other Zygote Poser-ready content) were retained with DAZ via a legal contract. A simple answer to that question is that we own rights to use those figures any way we choose to.
BH wrote:
it was a pretty underhanded move by daz to at one swoop appropriate all of the freestuff that was made for posette
Actually, I am not aware of what situation you are referring to. We have never appropriated works that has been developed by outside parties. We purchase the rights to works but we do not appropriate works.
I am going try to answer the rest of the questions on a more general basis from here on. First of all, we do not spend time pro-actively looking for models that may have problems. Most of the figures that may have concerns are brought to our attention by outside parties. We address them when we are aware of these issues. The creators of Dina V contacted us very early on and we have an agreement with them that allow her to use Victoria's U.V's I am not personally aware of the other models mentioned in this thread. If the creators of those models are concerned that they may have problems with either DAZ copyright or EULA with them, they may consider either contacting us to discuss it or use the RTE encoder.
I want to go back to the statement that Cooler posted from our FAQ sections. I don't know that I could explain this any better than what is said here.
"However, as always, the content of DAZ's CR2 (and other) files remains our proprietary data, and the use of this data in the creation of derivative, competitive products is prohibited. In the case of our human figures this means that the CR2 data may be freely used for the purpose of creating figure add-ons (such as clothing, etc.), but may not be used for the purpose of creating another humanoid figure, which could compete with the original. Please note that Geometry contained in the OBJ files may not be used to create any derivative model, add-on or otherwise."
So to sum it up, DAZ does not propose to claim any rights, ownership entitlement to the human form in general. We do own and retain all rights upon the human figures that we have created or purchased title to (including derivatives thereof).
Concerning the DAZ EULA. I want to mention once again. If any developer is personally concerned with the terms of our EULA reaching beyond what we have made very clear that our intentions are, please contact us directly and we will put in writing privately, what we have put in writing publicly here and in our FAQ's and other forum posts.
2nd hand distribution of Linlin would have the same restrictions of first hand distribution and in fact more. Not only would DAZ require it to be RTE encoded, arrangements would need to be made with Sixus1 pertaining to their rights of the character.
I hope that this has answered most of the questions generally and many of them specifically. It is really difficult to keep up with each specific questions. But I do hope that the message has come across clearly that DAZ not only appreciates the support by outside developers on our projects we recognize that our success depends upon it (Vicky has become a much better product because of the support of products like SMV and others). I also hope the message comes across strongly that we can be contacted directly to help resolve specific concerns that people may have.
Sincerely,
Dan Farr
President, DAZ Productions.