wolf359 posted at 7:38PM Thu, 30 August 2018 - #4335479

Wolf my understanding was that you were attempting to >distribute a derivative figure under a new open source >licence no? >There was no issue with the mesh itself, it >was to do with the use of the auto-transfer tool to transfer >IP from a Genesis >character to your owh dev mesh and >then distribute it under an open source licence, as you >describe here:

No.. Wrong incident,,,, that was a diiferent Issue "that animation proxy figure" had Daz genesis rigging and I conceded that thier RIGGING was thiers and not mine to distribute, no problem

The Email exchanges I posted here ,were about a later static unrigged empty shell of MY ORIGINAL GEOMETRY ONLY from Silo& C4D for making clothing,.. No Daz rigging just my static "encasement" Again no problem for me or anyone who acquires the skill to make their own base dev mesh.

From what I can tell the issue you are facing is more to do with the licensing terms you are attempting to distribute under 'Open Source' . The item you are describing would still be considered to be a derivative of the original Daz 3D model imo, the difference is whether the process to create the derivative was mechanical such as Shrink wrapping or Extracting from existing geometry or Manually as in loading the genesis base mesh and pushing and pulling vertices of a new mesh to encase the original mesh with a new one. Either way it is still derivative of the original mesh. Think photocopy(Mechanical) or tracing(Manual). Statements like this one reinforce the idea that it is derivative "ANY mesh that uses the shape of a Daz figure as a guide", using any original work as a guide would be considered to be derivative of that original. Your promo presented above also reflects that it is a derivative of the original Daz 3D mesh.

From what I can tell you were communicating with a Daz Forum moderator not an actual Daz 3D representative or their legal representative on this issue. And of course moderators will always er on the side of caution in issues like this one.

TBH I expect you will always run into issue with the Daz 3D EULA, when creating a derivative and attempting to distribute the item on any form of Open Source licence. Have you ever though of just operating under a standard licence, which respects the existing Daz 3D licence? If the item is 100% yours then of course you have a right to distribute under any licence you prefer, but any derivative must respect the original license. Daz 3D Clothing clones exist even in the Renderosity store with no issue, the difference is the licensing terms. The communication you received would seem to confirm that concept "as the shape of the base mesh is derived from the shape of the Daz figure it matches, and as a result you do not have the rights to make the mesh Open Source (or to loosen the Daz EULA in any way"