chadly opened this issue on Jun 29, 2002 ยท 215 posts
thip posted Sun, 30 June 2002 at 4:31 AM
Posting mostly to be e-mail notified of new inputs, but I'd like to reiterate and clarify the more general concerns I voiced in another thread (http://www.renderosity.com/messages.ez?Form.ShowMessage=765077) : The interpretation of the DAZ EULA I'd like to know is WRONG is as follows : A hopeful creative 3rd party operator, let's call him C3PO, wants to create a new product, say a bra for Vicki 2, with her attractions set to XXL size, as it has occurred to him that some Poserites might use some setting like that on V2. Being an honest guy, he checks the DAZ EULA to make sure he's on legally firm ground. He thinks logically, not legally, so, to him, it seems to boil down to what is the raw material, and what is the production process, or : 1) The DIDO principle - DAZ In, DAZ Out 2) The 3PIDO principle - 3rd Party In, DAZ Out So, C3PO asks himself, can I use the chest group of the Vicki mesh as a base? No - if one uses any DAZ-made material as raw material, it doesn't really matter what he does to it. No matter how much booleaning, smoothing, triangulation, vertex decimation etc. he applies, the result is still derived from original DAZ stuff. DAZ in, DAZ out. So, EULA says : Do not distribute w/out DAZ permission. Fair enough, C3PO would be pissed, if anyone used HIS product that way. All right, says C3PO, if I use my own mesh, can I apply the XXL-relevant MORPHS to it - perhaps using this fancy new Tailor thing? No, that'd STILL be using DAZ mesh as (part of) the raw material - morphs are essentially meshes in another format. So it's still DIDO, EULA says no. A lawyer might say yes, but C3PO sides with the EULA - morphs are based on meshes, and DAZ morphs on DAZ meshes. Okay, C3PO buys a modeling app, claws his way up the learning curve, reads all the tutes, and models the bra. Sooner or later (sooner, if he's smart), he'll have to check his creation against the Vicki mesh, and adjust as needed. He may automate the fitting process by using, say ClothReyes or Magnetic Vertex, or he may do it all by hand. But the point is : he HAS to "model against" the Vicki mesh. Even if he only checks his mesh against Vicki in side Poser, he is STILL fitting his mesh to DAZ stuff, and that holds true whether he decides to model his own morphs, or just do a suit for the base figure. The finished C3PO bra, including any self-made morphs, however, has not a single vertex in it that "started life" in a DAZ mesh. But, alas, EULA (http://www.daz3d.com/pages/faq/answers/license/2nd-derivative.html) lists unacceptable methods of deriving new meshes from DAZ models, and includes "methods involving tools that can create a derivative mesh without transferring the polygonal layout of the original. These types of tools/methods may include [...] shrink-wrapping/fitting [...] none of these methods will result in a mesh that is not still subject to DAZ's copyright. " So, having fitted his mesh to a DAZ mesh to make it at all useful, logically, our poor C3PO must face the fact that it becomes subject to the 3rd Party In, DAZ Out, or 3PIDO, principle. Or, to put it simply, if you create ANYTHING that's useful with DAZ products, you violate DAZ copyright. Knowing DAZ as a reasonably bunch of people, our C3PO cannot imagine that DAZ intended this consequence of their EULA. But he can't (and won't) do a lot of work, only to have a permanent risk of being sued hanging over his head. So he'd very much like to know that he's wrong. So please, let's hear it - DAZ says ?