DIMENSION_X opened this issue on Sep 19, 2005 ยท 148 posts
ynsaen posted Mon, 19 September 2005 at 7:42 PM
"Let's just say articles 10,14, and 15 of the EULA are unacceptable. They could be seen as unconditional and non-specific. Article 15 could be seen as an indefinate and all-encompassing NDA and could be seen as Non-compete." Not could be. Although the specific clauses are excerpted out of context and highlighted for effect (no offense, but it also makes it more difficult to read the full text as people will tend to skip over the non highlighted parts, which are excessively important for purposes of context), it is indeed an open ended NDA. Within context, (articles 8 on, inclusive) the specifics deal with software programs(and, one could reasonably assume, with EF's potential intent), and not with the cntent itself, except as specifically provided with the program and/or for the program itself (binary data in the native format). While it could be pushed to cover content, it wouldn't stand up at the appellate level in such a case. However, there are some really interesting quirks there. The fact that damages at law may not be enough, and an injunction is possible: that's a pretty way of saying that since they can sue you into oblivion, they can shut you down and forbid you to sell anything. Protective or not, that's an ethical disaster. While its meant to stop folks who might decompile the base code for D|S itself, and not content creators (again, the all important context), it's an interesting part of the agreement that can lead to some pretty icky places. ------------------ IF V4/M4, etc, are released in strictly D|S format, well, big freakin whoop. It's neither new nor news, either -- pretty much that was exactly said by DAZ at their site in the threads regarding the milhorsie rigging, where certain bad sots were blamed on Poser's "limitations" and it was stated that the next gen figures wouldn't suffer from those restrictions. IOW, that's been the plan all along. However, that doesn't preclude Poser versions of the same things. The folks over there aren't idjits. The poser stuff may come out later than the D|S stuff, but its unlikely they will abandon Poser entirely. And, ultimately, it doesn't matter. Poser will still be around, and there will always be new things made for it. D|S is here now, and there will be things made for it. So there's no more Victoria for Poser. shrug Who the hell really gives a rats rear? Most of us bitch and moan about how we're sick of seeing her anyway ;) There will be someone else. Likely several someones. Its growth. Progress. Evolution. Business. Change. (and I've already covered the "change" thing...)
thou and I, my friend, can, in the most flunkey world, make, each of us, one non-flunkey, one hero, if we like: that will be two heroes to begin with. (Carlyle)