Ragtopjohnny opened this issue on Sep 18, 2012 · 40 posts
moriador posted Thu, 20 September 2012 at 10:51 AM
Quote - Why should the person who made the content be held responsable for the actions for the end user? Let me ask it in this regard, have you ever heard of a hammer manufacturer or a company that sells hammers being sued because someone bought the hammer and used it to muder someone else? Extreme yes, but it is the point. A tool maybe created for a specific purpose but only the person using it is responsible for what is done with it.
But Poser content is not made for a specific purpose, unless you state in your terms which uses are not permittted.
You could put "no use in porn, no use in advertising, no use in any creation pipline that involves a product that could be construed to compete with company whose logos are on the model, no use that might put the company whose logos were used in a negative light, no use that might be construed as defamatory to the company or that might result in loss of value or sales" in your terms. But I don't think Renderosity goes that far. And I doubt you'd get many sales.
You could say the same thing for a hammer. But since lawsuits of the sort you mention HAVE been filed, it's been decided that where the specific use of the product is obvious and clear to any reasonable person, it doesn't need to be specified. Where it isn't obvious, it does. But who decides what's obvious? The courts. And by the time you're in court, you've lost lots of money. THIS is why so many products have the silliest liability disclaimers on them: Do not use hairdryer while in bathtub, for instance; or do not insert body parts into vacuum cleaner hose. One company went so far as to specify WHICH body parts you really wanted to avoid inserting into vacuum cleaner hoses, with a warning: Do not insert penis into vacuum cleaner hose. Because I guess if it happens enough, maybe the courts will decide that the specific use really isn't obvious.
The specific uses of Poser models are very unlikely to be obvious to your average person. And even in this community, we could argue over whether we should be able to use various models in porn or advertising etc. I bet most would say that it's understood that there are no restrictions on renders whatsoever, unless stated as "no commericial use".
ETA: Also, there's a difference between the liability of a third party for an act that is criminal (murdering someone), and their civil liability (knocking in nails in a structure that later collapsed because they used the wrong kind of nail).
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