Forum: Poser - OFFICIAL


Subject: DAZ EULA (Part 2) *sigh*

Eternl_Knight opened this issue on Apr 11, 2005 ยท 82 posts


Eternl_Knight posted Thu, 14 April 2005 at 7:52 PM

Dan has replied in the DAZ thread in regards to my questions. His post is in italics below. Benjamin, I will attempt to clarify our position and respond to your questions. First of all I think it is worthwhile to state our intentions with our copyright and EULA. Generally speaking, our intention is to prevent people from using our products to create derivative products that are competitive to our own (we do not consider an article of clothing to be a competitive product for a figure even if its a derivative.) A specific example would be if someone used the Victoria mesh to create another human figure mesh product. It doesnt matter to what extent they use Victoria in the process. It doesnt matter whether they use it as a guide or template for shrink wrapping or if it contains pieces of actual geometry, it is still considered derivative of Victoria. In cases like that, we do not claim ownership of the new geometry, but we because it is a derivative, it cannot be distributed without the use of encoding to the product(s) from which it was derived. Some people think that because they use shrink wrapping technology (or other methods) to fit a new mesh to an existing mesh that they are fine. But effectively what they are doing is stealing the shape of the mesh they are shrink wrapping to. Although in some cases clothing for Victoria may technically be considered derivative, it is not always a competitive derivative. If it is made to support Victoria and enhance her capabilities and usefulness, then it may be deemed to be a derivative that is allowed to be distributed. For example, you could use the Victoria model as a shape template to create a skirt that would fit her and we would not claim rights or ownership of that new skirt model. At the same time, you couldnt just use an existing skirt model to create a new skirt model without being under the distribution restrictions of the EULA. We often see situations where people try to circumvent our agreements or attempt to look for loopholes so that they can do things contrary to the intentions of our EULA. So, in order to boil this down before I address your questions specifically let me say this. The single best thing to do is contact DAZ about your specific situation. Due to the fact that we simply cannot foresee every possible infraction of our EULA, we cannot thoroughly outline exactly what is allowed and what is not. It varies on a product by product (or mesh by mesh) basis. When you have a specific product that you are going to begin, and you know that you are going to be using an existing model in your creative process, you need to contact the creator of the existing model first, be it DAZ or someone else, and get specific permission from that creator first. As far as DAZ is concerned, we will happily let you know whether or not it will be seen as an infringement of our EULA or not. 1. What rights does DAZ claim over clothing-related meshes I make and distribute? If you have not used an existing DAZ product in your creative process, then DAZ will not make any claims (this is not intended to cover second-generation derivatives). If you have used an existing DAZ product in some part of your creative process, then it will depend on the type of clothing item you make and whether your new product in some way is competitive to the existing DAZ product you used to create your new mesh. 2. What rights does DAZ claim over clothing-related products created using the joint parameters of a figure? So long as the joint parameters are not copied from any existing DAZ joint parameters, then DAZ will make no claims. We do allow for the perpetual redistribution of those parameters for the purpose of fitting and using clothing. (We still retain technical ownership of the joint data, so that no one can simply create a competitive figure based on the DAZ-created joint parameters in your clothing item.) 3. Is the use of figure morphs allowed in creating derivative clothing-related products? Absolutely, if the intention is to fit the clothing to the additive morphs of that figure. 4. Am I required to encode a product using derivatives of either the joint parameter data or UV layout of a figure provided the product is not a competing figure (i.e. is clothing or texture related)? As long as it is not a competing figure you are not required to use encoding for the distribution of the joint parameters associated with the product. As for the UV layout, I dont understand where that would apply to an add-on clothing item. I sincerely hope that this addresses your questions sufficiently. Hopefully, our intentions are clearer to you now. Id like to encourage you to develop new items for our products and discourage copying of them to use as competitive products. Sincerely, Dan Farr