Derb
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Everything posted by Derb
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What does San Marino have against the rest of the world, you mean? Edit: Idk if you are joking but this isn't extended by US law but international treaty.
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Anyone in the blue countries - see Berne Convention.
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Right, so if T2 infringed it would likely fall into US jurisdiction, T2 being US based.
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To be clear, I mean as pertains copyright and possible infringement by T2, since the violation would presumably occur in the USA.
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Wouldn't US law be most relevant considering T2 is based in the good ol' US of A?
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I've been saying this since the beginning and it felt like I was shouting into the void - half the time the people I reply to to explain this don't reply back, and continue to post about how the new EULA infringes on author's rights, instead of telling me what about the information I've posted they don't believe or question. Thank the gods i'm not alone.
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I know that one was specifically there for sure yesterday. Can we discuss "flat-Kerbin" tho?
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A plain text translation is a legal answer. Lawyers don't communicate to clients solely in legalese.
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I think that's a bit harsh. Ultimately, this is a legal document, and Squad/T2 are not your lawyer. When you need legal answers, that's who you ask.
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Except the terms don't give them clear rights to take mods for themselves. The terms do not provide for the transfer of existing copyright. The terms reserve the ability to redistribute your submissions to their online services, which was already in the old terms and necessary to host a forum - but mods are not hosted on the forum. They reserve the rights to material created with the software - Mission Creator and craft designs - but these would be reserved ordinarily under copyright law as derivative works of the base game, to which the author retains the right to publish derivatives. What about PartTools? PartTools doesn't add copyrightable material to a modder's already copyrighted material (which was created outside the software) - its use is tantamount to changing the file format of the already copyrighted material to be compatible with KSP. Because no copyrightable material is added through its use, no copyright interest arises through its use - the original, creator held, copyright to the models and whatnot used to create the final product is the only copyright that exists for the final product - look into copyright law on derivative works. There is no mention of transferring existing copyright in the terms at all - the creator keeps the copyright. They can't comment because it is bad practice, and likely unethical, to give what amounts to legal advice to an outside party who could have a dispute with who you represent.
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This doesn't matter because PartTools doesn't "create" the models and textures used in a mod. As I understand it, you could make the same part models in Unity without PartTools, it just wouldn't work in KSP. PartTool functions only make the material a modder already created compatible with KSP - changes to format only do not give rise to copyright interests. The US Copyright office says so - look into the definitions for derivative works. No provision in the EULA for the transfer of existing copyright, only that which arises in using the software - the modder's original copyright is intact. The KSPedia thing is questionable, only because I don't actually know how that works with PT.
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You forgot this important part: Any materials created outside the software belong entirely to you. Processing materials you already own through the software (PartTools, for example) does not give rise to a copyright interest because PartTools does not add material that is copyrightable in its own right to your already copyrighted material, being tantamount to changing the format of digital 3d models. The US Copyright office says that changes to format exclusively do not give rise to a new copyright interest in this situation. You retain the rights to your creations, even if you used PartTools to make is compatible with KSP. Missions made through the Mission Creator and ship designs are the things at issue with this clause.
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That was half of my post, which I was hoping to use rhetorically with another poster. I saw that you agreed with me a few pages back and was super confused why you seemed to flip to needing clarification re: forum post/mod ownership. I guess you were thinking in terms of my hypothetical while I was screaming back "what does it matter, they aren't hosted here anyway!"
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I see what you mean - you use PT gizmos when you make your stuff in Unity and export it - is that about right? My understanding is that you could create the same final model in Unity without PT, it just wouldn't work with KSP. Regardless, you already own your models and textures before this part of the process, and unless PartTools is adding material that is copyrightable in its own right, you will retain the copyright to the output. A few pages back I've gone into greater detail about what constitutes derivative work according to the US Copyright Office.
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My comment was in reference to the "online services" provision - I have people saying Squad can take your things posted on the forums and needing clarification about this, but can't explain why they need this clarification, when it doesn't matter because mods aren't even hosted on the forum in the first place. As regards PartTools, what do you mean by using PartTools to place your props? Don't you use Unity to do this? From what I understand, the options PartTools affords simply allow what you've put together in Unity to work in KSP.
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What am I missing? Where do the terms extend outside Squad owned websites and services?
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But why do you think that would happen if your mods aren't hosted on the forum? How are the ToS at issue in that case, when it only applies to the forum and other Squad owned online services?
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Why do we need clarification if mods aren't hosted on the forum? And that's more of a question of law, that only a court could answer.
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And if my license says "no purported nullification of rights shall have any force or effect"?
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People generally don't host their mods on the forum. T2 can't claim content on sites they don't own. Even if people hosted on the forum, what makes you think the EULA overrides the license, and not the other way around?
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Ha, that's why I said Curseforge instead.
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Seems you'd have to ask Curseforge - Squad can recommend it all they want but I don't see it being enforceable unless Curseforge recognizes and makes the details of their partnership readily apparent.
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Do they have some special agreement? (I know I've heard that, but could you direct me to a statement I could find on this?)
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The company may offer you the use of third-party hosts. This would be if T2 entered into an agreement with say, Spacedock, to provide hosting for mods. If Spacedock became the official Squad licensed host of KSP mods, then yes Spacedock would be part of the Online Services. Spacedock and Github have no such agreements to my knowledge. Edit: It can't be irrelevant where mods are hosted, because a non T2 website could claim ownership to what is posted there through their own terms of service - T2 can't exert the ownership control you are thinking of over websites they don't own or partner with.
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Seems to me that the ToS doesn't really matter because no one hosts mods on the forum anyway. Is that even possible? They can redistribute your actual posts 'til the cows come home, but linking to outside copyrighted content gives them nothing but the link itself to distribute.
