EClark1894 opened this issue on Jun 29, 2015 ยท 761 posts
Razor42 posted Wed, 29 August 2018 at 10:12 PM
3D-Mobster posted at 12:38PM Thu, 30 August 2018 - #4335468
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.
This is exactly what happened, The Dev suit/figure used the auto transfer utility to transfer IP from a Genesis figure to a new base mesh/figure/suit creating a derivative figure that was then intended to be distributed under an Open Source licence. An end user could then transfer the Genesis IP to another new figure or mesh and avoid any Daz 3D licensing.
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.
Here is the thing, the moment you create your unique item/clothing using anything like Shrink Wrap or Extract in a 3D modelling app, It is considered to be derivative. The moment you use auto- transfer tools to transfer rigging or morphs, it is considered to be derivative. The Daz 3D EULA provides conditions for distributing or selling derivative content as stated above. The licence owner can also at any time request the derivative content be removed from distribution as in the conditions stated above.
This kind of licensing isn't unusual for rigged figures lets take Project Evolution for example, these are the licence terms for Project E. Copyright (c) 2018 erogenesis. All rights reserved. Not intended for redistribution.
This could be taken to mean that any kind of conforming, derivative or transferred component of PE to clothing or any other items are in breach of copyright and leave those distributing them open to litigation. As there are no conditions to allow such under its distribution licence that I can see? Daz 3D licence on the other hand does allow this conditionally. Now I'm pretty sure Evo has no intention of taking anyone to court for derivative uses of PE, but that is not what is stated in the licence is it? Would Evo a have grounds for a breach of copyright case for someone selling a nice cardigan type clothing item for PE that is derivative from the base mesh or rigging? Has any legal grounds been granted by the copyright holder in defence of such a practice?
Hivewire 3D also has a EULA, that clearly states that no right is granted to create derivative content from any item in the store including Dawn SE AFAIK for sale or distribution. Would they legally enforce you to remove items from distribution, probably not. Could they if they wanted to? There are no legal grounds established to prevent them from doing so that I can see.
So it would seem that Daz 3D's Eula is actually more detailed and allows more freedom to creators then many others do in their licensing agreements. So I am not sure why it specifically is being scoffed at here?