Forum: Poser - OFFICIAL


Subject: Free Human Figures from Zygote

Mazak opened this issue on May 15, 2005 ยท 160 posts


Eternl_Knight posted Sat, 21 May 2005 at 3:10 AM

No - the EULA only needs to be viewable before agreement. Given that DAZ offers a non-conditional refund if one does not agree to the EULA - they're covered on this front. DAZ's EULA does not make their files copyright protected. Agreeing to the EULA makes the files "contract protected". The contract in question gives you less rights than copyright would. Under copyright law, one could use the rigging data for compatibility - their license prohibits that. What makes the CR2 protected is that for the right of installing and using DAZ's copyrighted material (the CR2, mesh, textures, etc) - you agree to abide by the terms of a contract DAZ presents you (the EULA). This is no different to licenses stating that one can use a freely distributed Poser figure/mesh only for "non-commmercial uses". By agreeing to those terms - you are entering a contract. What I think is getting confused here is the difference between "copyright law" and "contract law". Copyright law (at least in the US) applies to any copyrightable creation (be that a mesh, literature, music, etc) and gives every copyright-owner the same rights. Contract law is a completely different body of law and one's rights in any particular agreement are defined by the contract in question (provided certian conditions are met - which DAZ does meet by the way). This is not to say that I support the way DAZ has written their license (I don't, they know this, and are apparently in the process of "fixing" this problem for the merchant community at large). But what they are doing and the claims they are making for figures such as Alex & Lilin2 are perfectly legal (I personally checked this out for Lilin2, though Alexa fell under basic copyright law).