Quote - *"the Licensing for the product would have include a statement saying no use of Nudity"

*Daz had a similar kinda thing in their licence for the AMG figure. (I sent that back simply because it didn't work) but If I'd read that licence first I or one a smilar agreement I probably wouldn't have bought either. While I don't render out much 'cheesecake' - I might want to in future and I know a lot of people do. 

So who decides whats "right" or "wrong" ? daz, rendo, the vendor, US, EU, or UK government ?
 
Also what happens if I don't see or read that licence, or choose to ignore it in favour of the store licence then what ? I could be on the other side of the planet -so anything spent making lawyers richer could be wasted.  

BTW - Ratscloset - thisn't a critisim of your approach. I just sometimes question just how viable or valid these licences are.  

 

You bring up some good points and ask some good questions. I will say I do not have the answers. That is the main reason when a client approached me I got an Attorney involved. We were not looking for a loop hole, we wanted to do it right. That is my personal policy when it comes to property rights.. I look on all of them as I hope others would if the creations were mine.

Licenses are required to use anothers Property Rights and Trademarks. It is the form that the permission is granted. If you think about it, that is the story with each and every product we use within Poser. If you are saying those with the strong restrictions would not be valid, then you are saying the ones on Poser products are not and anyone could load them up as Free Items or even sell them and trade them around as if they were baseball cards. 

License allows the use of anothers protected intellectual rights and Trademarks with restrictions on those uses.. It is just that we as a community have a sort of double standard, in that we defend the rights of other members, but ignore those we do not know so well. For those that have been around, we have seen the lynchings of both guilty and innocent.

With respect to which License would be enforced.. Maybe a product like that could not be sold at Renderosity. Who sees the ones now? Anyone can say, oh, I did not read that.. but even you read the DAZ One when you got the product.. so we know you would ! LOL.. But you  are right.. a product like that would have to have an installer... forcing the acceptance of the License, even if the customer refused, they would have to have agreed.

How viable? I will say they are very viable, or at least people take them as being very viable and respect them (Granted there are those that do not, but they take no licenses or rights with respect, unless it is them being harmed)... I had the opportunity to work closely with a Commercial Production. There are rules for the licensing of the items used in the Commercial, even when you already have the rights. (It was a Car Dealership..) In this case no other Nameplates could be shown in the shots when specific vehicles were being promoted, even if the Dealership sold that product. In this case it was Ford/Lincoln/Mercury Dealer, and when highlighting the Taurus at the time, the Lincoln that was behind it had to be move out of Camera. Silly, but even when Ford and Lincoln are the same company, they had rules. 

To who approves? I assume you mean the final use... oddly, no one does.. with that said, I would not want to be caught by the legal power of some of these companies, should they decide to pursue enforcement.. look at the Recording Industry.. . The recording industry is a great example.. you know they do not give a crap who you are or how old you are... 

I will add that I think today getting License for 3D product would be easier... when I first approached, the whole concept of Graphics was not what it is today... I even went through a couple of Attorneys before I found one willing to apply for the License.. the product description was the hardest part, and the fact they wanted to see an example of the Product. 

I will also add that I think creators should ask for Licenses.. With License, even limited, you could have Corvettes, BMWs, GE Appliances, etc... with full textures of the logos and I do not think all would have the restrictions I mentioned... yes, I know there are some out there already, but for those that do Commercial work, how many would use one with out the proper credentials in a Commercial Clients work?

ratscloset
aka John