EClark1894 opened this issue on Jun 29, 2015 ยท 761 posts
3D-Mobster posted Wed, 29 August 2018 at 8:45 PM
Before wasting some attorney's time please throughly read the DAZ EULA ,that you Defacto Agreed to, when you installed any Daz figure on your computer.
To be fair ,Daz never claimed I could not use MY base clothing dev meshes or even give them away free to people.
Only that by surrounding the Shape of the genesis Models with my geometry My models then became "subject to the Daz EULA" which apparently forbids the Open source distribution that I was attempting. Silly, far reaching and questionable ??..yes
No actual harm to me , I still make my own custom ,one off clothing and morphs for genesis and use them in paid commercial animation projects.
I read through the Eula and found this: Which I guess the person you spoke to might have referred to from the Terms of use section (This is just part of it):
...provided that User may not in any case publish, market, distribute, transfer, sell or sublicense any renderings, animations, software applications, data or any other product from which any Content, or any part thereof, or any substantially similar version of the Content can be separately exported, extracted or de-compiled into any re-distributable form or format.
However that was not what you did, based on your model. Right after this they state the following:
Three Dimensional Works. DAZ wishes to encourage the expansion of the catalog of Content available to its users. Accordingly, User may access, use, copy, and modify the Content to create one or more derived or additional three-dimensional works provided that:
any such derived or additional three-dimensional works are designed to require or encourage the use of Content available through the online DAZ store either by (i) requiring the use of such Content to function, or (ii) allowing only limited function when not used in conjunction with Content from the online DAZ store; and
upon receipt of a written request from DAZ, User will immediately cease any and all distribution of the derived or additional three-dimensional works User has created from the Content, if DAZ has determined, in its sole discretion, that (i) such additional or derived work is substantially similar to or is a clone of existing Content; or (ii) such additional or derived work fails to require or encourage the use of Content available through the online DAZ store as described above.
Which to me seems to pretty much say that you CAN use the mesh if you want to create a new one, as long as you do not keep part of the original mesh. So basically I would understand it as you can use the rig of V4 and the mesh as a starting point, you just have to make sure that you modify her. I can't find anything saying anything regarding props (clothing) having any relation to whether or not you would break the Eula.
To be fair ,Daz never claimed I could not use MY base clothing dev meshes or even give them away free to people.
Im not really sure that I follow you, you wrote in the former post:
..here is a tiny excerpt from the mutiple emails Daz sent threatening me with legal action over MY OWN Original Model:
I assume from what you wrote here, that Daz didn't really liked what you were doing, since they would threaten you with legal actions? It seems very confusing, like the person at Daz didn't know their own Eula, as there is nothing wrong with your mesh, its not even an extraction of V4, its completely different which is fine based on the Eula, regardless of it fitting or not fitting V4.
Eulas are not considered legally binding, at least where I live, so the Daz Eula is worth squat
Yeah its not easy to figure out, it seems to differ from place to place and how the court views it or something, from what I could figure out. And it apparently works a little differently in US than in EU (Where im from)