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Closed Thread   Locked by: Reason: thread staying closed right now , if anything comes up, send me or plasticbox a PM.  Replies: 289 (Who?), Viewed: 42244 times.
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Old 26th Sep 2014, 2:07 PM #51
nkotbsbfan78
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Thanks for the info. I will look if I go into other site and see something from here with no link back to this place.

Can't believe other people will do that and ASK to pay to get these CC. I don't have Sims 4 but I like checking out CC for Sims 4 and try do it on my own.

The creator spends so much time on making these wonderful CC that I can't believe other will steal it just because /its out there to the world/.

Because of the creator they inspire me to make CC. It is a slow process for me, but if they can spend hours making it look right, then so can I. I gotten a lot help from this site.

The creator are our teachers and as students we should respect them and just give them cookies for all the wonderful work they have done in making our Sims look fabulous! :D
Old 26th Sep 2014, 2:11 PM #52
KitOnlyHuman
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I would recommend creators put a link at the bottom of the MTS page to their MTS profile (or tumblr and so on if that's what you prefer). When he copied my halloween dresses over he copied all the text including my Tumblr link. Honestly, I don't really feel good about him reuploading my one item, but I'm not going to pursue it since it does link back to me. But I have added a ToU at the bottom of my pages now too.
Old 26th Sep 2014, 2:19 PM #53
plasticbox
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TOU will not help, since he's been editing "Please no reuploading" out of post texts before. See Vampire's Heath Ledger sim for instance:

Original -- "[..] please credit me. Do NOT upload the sim or its cc anywhere though", line 3 of post text

C+P with that line missing. He also reuploaded the CC by her.

And then she was basically told to fuck off when she requested removal (see her earlier post here, "I asked him to take down my content yesterday. Today he replied giving me two choices: give a link to my blog/website other than MTS because he doesn't want to link to MTS or join the website and link to my account there. I replied asking again to take it down and I haven't got an answer after 11 hours."

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Old 26th Sep 2014, 3:29 PM #54
Vampire_aninyosaloh
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After I wrote again he has posted a link to my MTS download and is not hosting my files anymore.

Check out my tutorials: For TS4: Eyelashes and for TS2: Eyes and Eyes 2
-My Insta-

Please, call me Nina (:
Old 26th Sep 2014, 4:09 PM
ChinchillaJesus
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Old 26th Sep 2014, 6:42 PM #55
guidion
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I just requested he remove my Superman Outfit mod, and this guy was very polite about it. He did not seem to understand that the content may be free here, but that does not make it public domain. I tried to explain to him that creators here get credit for their downloads, and that by hosting their content, they are loosing those stats. I did not use the template from the first/second post, I just used the contact us button, and explained myself, and he was quick to change his site to link here to the download. Please do not hate this guy for being wrong, he is just getting into downloads (he told me anyway), and was trying to fill his site with content. I hope he gets that stealing content (even though he does not seem to get that he is) is wrong, and stops doing this, but we do not need to hate on him for trying to get another site up (just for doing it wrong LOL), as variety is the spice of life.

I am not saying let him continue, by the way, definitely go to him and get him to remove anything he has of yours that you are not okay with him using!

Thanks to the moderators here for letting me know this was happening!

p.s. PLEASE!!! stop quoting the post with all of the @usernames as it sends EVERYONE that is mentioned a PM, I had 5 when i got here today, LOL
Last edited by guidion : 26th Sep 2014 at 6:45 PM. Reason: thanks/stop the PMs
Old 26th Sep 2014, 6:55 PM #56
Helianthea
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Thanks for the mention, plasticbox. Very much appreciated
Old 26th Sep 2014, 7:12 PM #57
jsauce
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Not to be devil's advocate here, but you cannot really complain copyright, since you do not own the original content yourselves. The modifications are all made to a game that has an existing copyright. All you are doing is recoloring existing material, and even if you do somehow recreate something new, it is derivative work. So in all fairness while you feel like you own something here, EA technically owns it all and can revoke the use of it anytime they like.

Just my two cents.
Old 26th Sep 2014, 7:14 PM #58
leefish
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jsauce - actually the creators do own copyright. Read the EA EULA and the first post of this thread.

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Old 26th Sep 2014, 7:21 PM #59
plasticbox
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I think you are confusing ownership with authorship, as well.

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Old 26th Sep 2014, 7:27 PM #60
jsauce
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Quote:
Originally Posted by leefish
jsauce - actually the creators do own copyright. Read the EA EULA and the first post of this thread.


Do you have a copy of the EULA handy that states that EA gives up their rights to copyright? I'd love to see this because it would be one of the greatest and dumbest mistakes in the history of intellectual property law. It's highly doubtful they have done this despite what you believe. As to the first post, the law only applies to people who actually own the copyright, which you do not.

The problem you have is that you are asserting copyright over a medium you already do not own. Now again if EA in the dumbest move in history has given you this right, my mistake, however that would be like you taking a bite of my pizza and asserting its yours simply because it has your teeth marks in it.

It doesn't work like that. When you modify existing code, even with the permission of the original owners, you do so knowing you give up the right to claim copyright on that work. It's like when you go to work at a software company and while working there design some cool software, which your company may technically own by virtue of you working for them.
Old 26th Sep 2014, 7:30 PM #61
Volvenom
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2 things here, I have a policy on my main profile page here and that should be enough, I'm not going to repeat myself on every upload I do. It's common sence really. Some people may consider what we make for Sims3 art and that is one of the oldest occupations in the world. That has never kept people away from illegal copying and selling it off as the original for wheelbarrows of cash.

Another thing is with this game what we as creators makes are often miles away from anything EA would use money on. Giving EA the right to such work is just plain silly.


Quote:
Originally Posted by jsauce
It's like when you go to work at a software company and while working there design some cool software, which your company may technically own by virtue of you working for them.


LOL, show me my paycheck.

Otherwise read the thread before you post in it.
Old 26th Sep 2014, 7:35 PM #62
plasticbox
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Quote:
Originally Posted by jsauce
It's like when you go to work at a software company and while working there design some cool software, which your company may technically own by virtue of you working for them.


Are we all employed at EA? I think not. Also, this isn't just about the actual downloadable files but also about the content of his site (i.e. pictures and descriptions) that he's been copy+pasting from elsewhere.

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Last edited by plasticbox : 26th Sep 2014 at 7:46 PM.
Old 26th Sep 2014, 7:37 PM #63
jsauce
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Quote:
Originally Posted by Volvenom
Giving EA the right to such work is just plain silly.


Doesn't matter under copyright law, its derivative work. That means EA and only EA can claim ownership, unless they grant that right expressly to you.
Old 26th Sep 2014, 7:42 PM #64
jsauce
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Quote:
Originally Posted by plasticbox
Are we all employed at EA? I think not. Also, this isn't just about the actual downloadable files but also about the content of his site (i.e. pictures and descriptions) that he's been copy+pasting from elsewhere.


Clearly you didn't comprehend what I was implying, which is that EA holds the original copyrighted work. Just because you do some work on their product, doesn't mean it becomes yours by virtue of the work. Its also an example of how software companies due their due diligence in making sure anyone modifying any of their code understands that person does not own it. They have teams of lawyers who work on just this specific thing. I used to work for a software company, they know exactly how to make sure no matter what you do, they own it.


To them copying images from your site, that I agree they most certainly cannot do unless of course those images are images from within the game which again of course belong to EA, not you. So if they for example took a copy of an original image you crafted for your site and put it on theirs that would be copyright infringement, but a screenshot of a game with existing copyrights would not.
Old 26th Sep 2014, 7:48 PM #65
leefish
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Correct. At this moment in time sims4forums is using images made by the creators; they are using text written by the creators; they are sharing the creators work, not EA's. He is also hotlinking the images; but that is not copyright, that is bandwidth theft.

The SIMS4 EULA can be downloaded here; http://forums.thesims.com/en_US/dis...nts-in-the-eula

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Old 26th Sep 2014, 7:49 PM #66
plasticbox
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Quote:
Originally Posted by jsauce
EA holds the original copyrighted work. Just because you do some work on their product, doesn't mean it becomes yours by virtue of the work.


No creator has been claiming they would own rights to the actual game. What we claim is that *our* work is ours and can't be used by third parties for profit.


Quote:
Originally Posted by jsauce
When you modify existing code, even with the permission of the original owners, you do so knowing you give up the right to claim copyright on that work.


The only difficulty that could arise from a "derivative work" situation is between the creators (between EA and creators in this case), not between creators and third parties. This is like claiming Tainted Love (the Soft Cell version or any of the countless other covers) is free for everyone to sell as they please because it is "modifying existing music".

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Last edited by plasticbox : 26th Sep 2014 at 8:01 PM.
Old 26th Sep 2014, 7:54 PM #67
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I just read a bit about the right to hiphop music, you know the kind where they move the record distorting a record by someone else, that was complicated. I'm trying to find music for my videos and even that is hard. If I make it myself with bits from others and need concent from everyone owning a tiny fraction of it.
Old 26th Sep 2014, 7:58 PM #68
jsauce
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Quote:
Originally Posted by leefish
Correct. At this moment in time sims4forums is using images made by the creators; they are using text written by the creators; they are sharing the creators work, not EA's. He is also hotlinking the images; but that is not copyright, that is bandwidth theft.

The SIMS4 EULA can be downloaded here; http://forums.thesims.com/en_US/dis...nts-in-the-eula


As I thought it pretty much says exactly as I thought it would, specifically:

The Application is licensed, and not sold, to you for use only under the terms of this License. Except as expressly licensed to you herein, EA reserves all right, title and interest in the Application and all software delivered through the Application (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. The License is limited to the intellectual property rights of EA and its licensors in the Application and does not include any rights to other patents or
intellectual property.


That unequivocally states they own the game and everything that is derived from it including any images or characters or content. That link doesn't even include the full EULA so i read the whole thing and there is no mention of granted rights under it. so you have no claim to ownership.

Now someone stealing images and stuff, yeah that kind of thing, as long as its original you have every right to be mad about. I've actually been in this position personally before, someone stole a plugin I developed for a game translated into a bunch of languages and passed it off as his own. Am I mad? Yeah, but the reality is that in the end there is very little recourse unless you have a lot of resources to fight with. This is really why I mentioned this all in the first place.
Old 26th Sep 2014, 8:04 PM #69
jsauce
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[QUOTE=plasticbox]No creator has been claiming they would own rights to the actual game. What we claim is that *our* work is ours and can't be used by third parties for profit.


The problem and I understand your frustration with this situation is that you assume if you work thousands of hours on something that it should be yours and under the law, that is only true if it was derived entirely from your own work. However, since your work, no matter how much time you put into it would not exist if not for the game itself, then it is derived from it, and EA owns it. One because the law says they do, and two because when you installed the game you agreed to their EULA which actually does specifically say they own it. Now as for them making profit, you are right they cannot profit from the work anymore than you could, but its not your fight, its technically EA's if they wanted to fight it.
Old 26th Sep 2014, 8:05 PM #70
plasticbox
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Quote:
Originally Posted by leefish
He is also hotlinking the images; but that is not copyright, that is bandwidth theft.


That is actually both.

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Old 26th Sep 2014, 8:08 PM #71
plasticbox
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Quote:
Originally Posted by jsauce
since your work, no matter how much time you put into it would not exist if not for the game itself, then it is derived from it, and EA owns it.


This is rubbish. This is like saying Nikon own all photography made with their cameras, Adobe own all graphic design made with their tools, and IKEA own all books that were written while sitting on one of their chairs. And therefore, all texts, pictures, and music in the world are free-for-all unless they have been etched into clay with a hand-tooled stick. Or what?

You don't seem to know how derivative works .. work.

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Last edited by plasticbox : 26th Sep 2014 at 8:18 PM.
Old 26th Sep 2014, 8:08 PM #72
jsauce
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Quote:
Originally Posted by plasticbox
That is actually both.


You can stop that fairly easily with a modification to your .htaccess file.
Old 26th Sep 2014, 8:09 PM #73
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Right, we have an issue with the website stealing the creators content. Basically, the main thing is to ask him to remove it; if he fails to do that then a DMCA (enough of them) will probably cause his site to be suspended. His site is bluehost who are well known for shooting first and asking questions later. A DMCA is free to send; the only resource required is about half an hour of a persons time.

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Old 26th Sep 2014, 8:10 PM #74
plasticbox
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Quote:
Originally Posted by jsauce
You can stop that fairly easily with a modification to your .htaccess file.


No we can't because the images are published via CloudFlare.

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Old 26th Sep 2014, 8:11 PM #75
leefish
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jsauce - we stop it by telling him to stop; no comply? DMCA. He is even using some of the site buttons Or do VBulletin own those?

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