thip opened this issue on Jun 29, 2002 ยท 57 posts
TygerCub posted Sat, 29 June 2002 at 11:38 AM
I want to follow this, so here's my automated response post... along with 2cents worth. I love the Mike2 and Vickie2 models. I purchased them after seeing the tons of free facial morphs, clothing and skin textures available in the free stuff area of this site and others. I was so impressed with their features and flexibility, I posted encouragement to another member to purchase them as well, and that post was eventually used in one of DAZ's advertisements. Although I am not as satisfied with their Millennium clothing packages as I am with the models that utilize them, I do understand DAZ's wish to remain competitive. That does NOT mean I condone restricting artistic license, nor cornering the market. Attempts to do so would be illegal in the US free-market society. Trying to understand the issue, I went to their FAQ site and read through the licensing agreement. After reading the FAQ at their site, I can honestly say I do not see where an original clothing mesh that looks nothing like any of their clothing would break their copyright, nor their licensing agreement. Here are two relevant excerpts from the EULA: "4. GENERAL RESTRICTIONS AND TERMS OF USE. ... [paragraph 1: 3D models are to be used by one user or in one household] ... [from paragraph 2:] ..."You may... [use the 3D models in renders and animation for sale or distribution] ...provided that you may not in any case: (a) separately publish, market, distribute, transfer, sell or sublicense any 3-D Model(s) or any part thereof; or (b) publish, market, distribute, transfer, sell or sublicense renderings, animations, software applications, data or any other product from which any original 3-D Model(s), or any part thereof, or **any substantially similar version of the original 3-D Model(s) ** can be separately exported, extracted, or de-compiled into any re-distributable form or format... "6. OTHER RESTRICTIONS. ...[This is a licence to use the 3D models] ...User may not reverse engineer, de-compile, disassemble, or create derivative works from the 3-D Model(s). These restrictions do not pertain to rendered images or pre-rendered animations." While I am not a lawyer, as a customer, I take this to mean any new mesh that looks like the items in the clothing pack (shirt, slacks, dress, catsuit, etc...) would be breaking copyright because it looks "substantially similar" to the items created by DAZ. Obviously, any of DAZ's mesh that is altered to make it appear to be totally different would be breaking copyright because the "new" item would in essence be using pieces of the original. If my interpretation is correct, then folks who make clothes totally from scratch for distribution through free stuff have nothing to worry about. And artists who make original clothes (such as fetish gear) totally from scratch for sale should not be breaking the license because DAZ does not offer such items for sale and would therefore, not be in direct competition with DAZ's products. Either way, unless DAZ can prove the item for free stuff or for sale was created AFTER this license agreement was updated, all previous items would fall under a grandfather clause. If DAZ prosecuted artists making original mesh items before this change in the license agreement, it would be a breach of contract on DAZ's part by altering the license agreement under which the customer originally purchased the Millennium figures. That would be a form of non-disclosure or false advertisement. Until someone from the legal profession can say this interpretation is incorrect, I have no choice but to belive I am correct. I look forward to learning more directly from DAZ. If my interpretation of the above items is INCORRECT and they are, in fact, trying to prevent artist from selling original meshes of original ideas that fit the bodies of Mike and Vickie, they will loose the respect and business of the Poser community, as is demonstrated by most of the posts in previous threads. I sincerely hope that is not true. Either way, it seems DAZ will suffer some form of backlash from this new license agreement.