^That's what I thought first XD NewSea joined the dark side of sims community. I hope they don't stop uploading in their site, I won't get anything from TSR.
It disappoints me when I see a creator whose content I enjoy at TSR, because I refuse to download anything from them whether it's free or not. I don't trust them. I've stopped downloading from Lilisims once I saw she also plugs her creations on TSR.
I guess Newsea is just greedy. Sad, because I like a lot of their hairs.
NewSea has always BEEN on the dark side of the sims community. Let's not forget the list of "suspected" file sharers' private info on the front page. Honestly, I'm surprised it hasn't happened sooner-- they're just as corrupt as TSR.
"Well I guess this is a plus for me because I been using TSR stuff for years without error."
You must be one of the only ones then, because one of the recent patches broke TSR content. TSR acknowledges this, and that would be why they came out with their own launcher.
"this newsea hair kept messing up in my game for some reason"
I'm not sure how their process is different, but Newsea is known for producing corrupted TS3 hair, resulting in noticeable lag and load time. I have yet to find a hair made by them that doesn't bork my game, sadly.
Hm, I use quite a few Newsea hairs and haven't noticed any increase in load time or lag. They're among my favourites. I do agree that Newsea=jackass, though, and that's why I refuse to pay for their content.]
In the early days of TS3 I did have some TSR content, and THAT gave my game lag. Once I removed it, no problems.
"You must be one of the only ones then, because one of the recent patches broke TSR content. TSR acknowledges this, and that would be why they came out with their own launcher."
Nope. They had Merlin for a looooong time before that.
Odd. Prior to the patch borkedness, Thomas had said something about how TSR used the EA launcher in order to ensure "future compatibility" with all patches and EPs. I had assumed that Merlin was released after that, but maybe he was just bullshitting.
I occasionally get free downloads on TSR, but NEVER EVER pay for stuff. I'd rather have my fingernails ripped out one by one by an Al Qaeda interrogator than pay money to TSR.
What about TSR from the booty? I only use Sims3pack files, because ever since WA I have not been able to use ANY .package files without game lag. I don't have any probs using booty TSR Sims3pack files. I'm thrilled that they are moving to TSR cause now their hairs will be avaliable as Sims3pack. I couldn't use them before and now I'll be able to. :)
"Prior to the patch borkedness, Thomas had said something about how TSR used the EA launcher in order to ensure "future compatibility" with all patches and EPs. I had assumed that Merlin was released after that, but maybe he was just bullshitting."
Definitely bullshitting. Merlin was released very soon after the game.
^ I downloaded Merlin a while back, before I found Delphy's Extactor, just because it was faster at installing Packs than the Launcher was. The version on my computer was last modified on September first of last year, less than 2 months after the game release. I'm 99% sure it was NOT the alpha release.
^Oops, I meant less than 3 months. But the TSR Merlin tutorial was written on August 2, so clearly the original Merlin came out less than 2 months after the game anyway.
jfade's Merlin bug thread in the TSR forums started at the end of July '09. So yes, there was one released before 2 August 2009.
I'm curious where anon read that TSR released Merlin to circumvent patch borkedness, because it *might* be true. The first patch was early-ish after all. I'd just like to see the quote first hand, if I can.
I'm almost certain that jfade and TSR started work on Merlin even before the very first patch, though. I seem to remember it that way, anyway.
^Your comment makes no sense. The .package format was created by EA, not Delphy. Unless you're under the impression that EA and Delphy are one and the same?
our favorite sims villains together at last, any one else hear that maniacal laughter?
i saw the profile this afternoon and that is THE cockiest description i have EVER read for ......non dating related stuff lol. looking forward to getting your stuff from Antonella newsea!
I have used TSR almost extensively because I had problems with package files. The only TSR files that have troubled me were patterns and they have fixed that issue. Otherwise, I have had no problem with any TSR download. I am not defending them because I know there are some issues with them, but I have used them for years and have been happy. I completely understand those that do not want to use them, but for me, I am glad Newsea has moved to TSR. On the other hand, I hear her hairs are so huge that they lag games badly so not sure they are much use.
^^ Meh, I prefer packages over Sims3Packs, personally. I find your reaction more extreme than the (most certainly trollish) comment you're responding to. Calm down.
Lol, he calls himself "an expert hair designer." Classy, NewSea. Classy.
I've used a lot of TSR stuff over the years. I don't have any technical trouble with it, but I still don't use it much any more, because their site is sleazy and I'd rather not support it. But eh, I pirate the pay stuff and most of the free stuff sucks anyway.
Using package files ups the memory requirements of the game. I've done several tests comparing memory and load times with same content first as packages loaded from mods folder and then as sims3packs installed into the DCCache folder. Having the content in the mods folder increases memory use and slows loading time.
@ B newseas, xm sims, roses, raon's have hair made with TSR tool. You can tell by opening them up and looking at the thumbnail .pngs.
As for Newsea at TSR, I don't see what the fuss is about. Those who turn to the booty will continue to do so, those who choose to donate/pay subscriptions will continue to do so.
Personally, I respect a creator's right to decide how to distribute their works. I never liked TSR's terms- which clearly state they claim the right to distribute and redistribute all submissions FOREVER. But, at least they recognize that creators have rights, unlike, simscave, blackpearl, maty, PMBS etc who claim the right distribute whatever they want FOREVER and mock the very idea of creator right to set terms.
"But, at least they recognize that creators have rights, unlike, simscave, blackpearl, maty, PMBS etc who claim the right distribute whatever they want FOREVER and mock the very idea of creator right to set terms."
Er, no, actually. Take a look at the EULA all players must agree to before playing. It clearly states that creators do not, in fact, have any rights to their creations. While it's not illegal to sell them, it's not illegal to share them either, due to the fact that at the end of the day, EA owns everything.
Your comment makes absolutely no sense. EA can't infringe upon their own copyright. They specifically allow for both filesharing and paysites in the EULA, but make no mistake, it does NOT say that custom content creators have a claim to their own creations.
Has anyone stopped to think that maybe one of the reasons Newsea moved to TSR is because SIMSCAVE refuses to post ANYTHING from TSR on their website, and they were the BEST place to go to get Newsea hair for free??
I think you're confusing the term "rights" and "overall politeness". Generally, downloaders respect creators' terms of use out of politeness. However, the only entity that holds a LEGAL COPYRIGHT to anything is EA.
Technically, EA has the right to incorporate any custom content into a future EP, and they don't have to give the creator a dime if they don't want to. That is because EA holds the copyright to everything TS3.
What that has to do with Newsea joining TSR I don't know, but there you go.
^^ I'm not saying that EA is infringing on it own copyright. I'm saying that it does not/and cannot set the terms for use of content which it does not have ownership. I know that sounds round about,. I'll try to state it more clearly. In the the eula, EA reserves the right to claim every thing it can under the copyright laws. However, they can't claim the rights to things they don't create. That includes fan created content.
If EA claimed ownership of 3rd party content, this wouldn't part the terms of use at the exchange.
"You may not upload any content through the Software that is protected by copyright, trademark or other intellectual property rights unless you are permitted to do so by the owner or law. EA may, without prior notice to you and in its sole judgment, remove content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of EA's or a third party’s intellectual property rights, EA may terminate your EA account without notice to you. "
If third party content instantly became EA's there would be no need for such a clause.
yay! Now I can get them for free!!! *evil laugh*. I think they(NewSea boys) think that their tracker have failed so they look for protection from the Master of Ass, ThomAss. BUT! lot's of sites shared TSR objects! That makes me really happy! Newsea, I'll have all your hair now! MWAHAHAhAHAHAHAHAHAHA!!!!!!!
"However, the only entity that holds a LEGAL COPYRIGHT to anything is EA."
Take another look at copyright laws. All works governed by copyright laws are protected from the moment of creation. They do not have registered for protection. The EULA doesn't grant permission for the work of others to be used in any way, because EA doesn't have the right to do so. EA can only set terms for its work, not fan work, unless it is expressly given.
Again, if you look at the exchange's eula it specifically points this out. When you upload content to the exchange through the launcher you are expressly giving EA certain rights, if EA already had those rights you wouldn't be asked to give them to when submitting content to the exchange.
Now that it's on TSR, I think It'll be difficult to clean it. Because they have a tracker, and it takes a while for PMBD to get rid of it. Because alot of pay items on TSR that are pretty good, such as angela's sets, are not up at PMBD.
I don't think you understand copyright laws. It's an actual legal status that has to be filed. EA holds the legal copyright to everything TS3. Just because CC creators use EA's playground to create does NOT mean that their creations legally belong to anyone but EA.
If you're so convinced that CC hold copyright to their own creations, why can't they package their creations together and sell them at stores? Simple: because they don't own what they create. If anybody tried it, EA sue their pants off.
I don't know how to make this any clearer to you. The agreement users agree to at the website has nothing to do with copyright. You are agreeing to follow their rules when uploading creations, and giving them the rights to delete said creations if you violate those rules.
No, it sounds like you who don't understand how copyrights work. I have worked almost daily with copyright issues for over 20 years. EA's rights are limited to what it creates.
"This License is limited to the intellectual property rights of EA and its licensors in the Software and does not include any rights to other patents or intellectual property."
It could perhaps stop fans from creating. It could definitely stop fans from using its trademarks if it wished to. A third party could not package content and use any trademarks including the name of game unless EA approved. EA's fan site EULAs list the terms for fan site use of it trademarks.
The title of the section I quoted from is "Intellectual Property Rights and Ownership" It definitely concerns copyright.
Educate yourself outside of the sims community and then reread the documents. Things will be a lot clearer to you.
If that were true, EA would not have the ability to incorporate CC into EPs and SPs, which it can and does. They've been doing it all the way back to TS1, which was ten years ago.
I'm not advocating that creators shouldn't be respected, but you're conflating "respect" with "legal rights". Creators do NOT own what they create.
The EULA clearly states that creators "waive any moral rights of paternity, publication, reputation, or attribution under applicable law with respect to EA’s and other players’ use and enjoyment of such content contributions".
EA has clearly stated that the community is able to do what they like with custom creations, regardless of the original creator's policy. This is because EA is the legal authority in this situation, NOT the creator.
I find it difficult to believe that someone who is familiar with copyright law would be under the impression that custom content creators have a legal copyright to their own work, particularly one that EA is capable of infringing upon.
The creators of CC used by EA gave the EA the rights to do so. All the contests ( etc) had entry forms stated that the creators were allowing EA the right use their creations.
20 plus of dealing with copyright has taught me that EULAs and TOU are written in VERY BROAD terms claiming as many rights as possible and are often are written in ways that suggests more rights are present then actually exist.
When I first started, I would look at licensing agreements and wonder what was allowed because the way they were written seemed to forbid everything -- even after licensing fees were paid. Luckily, I had access to a legal advisor to help sort through what was allowed and what wasn't.
Of course creators own what they create. What they don't own is the EA's trademarks. They have no right to use them without EA's permission. . Basically, a creator has no right to use the name of the game in connection with what he/she has created. You could make something and distribute it, but you couldn't tell people that it was for a sims game without EAs permission.
LOL The quote you cite is pertains content uploaded to the exchange using the launcher. You seemed have missed the first line of that paragraph - "In exchange for the right to use content contributed by other users through the Software, when you contribute content through the Software, you expressly grant...."
An exchange is being made, EA is not claiming anything it doesn't create, it is saying, if you submit creations you will be giving up these rights.
"Of course creators own what they create. What they don't own is the EA's trademarks."
Let's go with that argument. If this were true, creators would have the right to set their own terms of use. A violation of these terms of use could result in legal action, because the creator is the legal owner.
However, everyone who plays TS3 gives up these rights the minute they agree to the game's EULA, which allows for both paysites and filesharing of paysites. Moreover, creators would have the ability to refuse EA the right to include their creations in future expansions.
If the creators are the legal owners of their creations, where are the lawsuits over filesharing? You had better believe that Newsea and TSR would do it if they could. The problem is that they can't.
You obviously want legal action and respect to be equivalent to each other, but they aren't. Just because the community generally respects a creator's TOU does NOT mean that creator has the ability or legal standing to sue once the terms are violated.
"Let's go with that argument. If this were true, creators would have the right to set their own terms of use. A violation of these terms of use could result in legal action, because the creator is the legal owner....If the creators are the legal owners of their creations, where are the lawsuits over filesharing?"
Lawyers don't work for free. The costs of a lawsuit would be prohibitive and the rewards minimal. That doesn't mean that creators don't legal standing , it just means it very difficult for them to defend their rights.
Filesharing goes on not because it legal, but because it is easy to do and hard to trace.
"... the game's EULA, which allows for both paysites and filesharing of paysites. "'
Where are you getting that from? Game EULA does no such thing. EA doesn't have the right to grant filesharing rights unless the creator grants them that right. Creators when if they upload exchange through the launcher, not when they create the content.
You seem to be assuming that by placing the content into a .iff, .package, or sims3pack that creators are giving rights to ea.They are not. EA doesn't claim this only filesharers claim this.
Iffs, packages, and sim3packs are basically archives - think of them as specially made boxes that allow content to be used in the games. EA created the "boxes" in the later two cases. (IFF files were first used by amiga.)
Putting content into one of those boxes is like making a zip or adding graphic file to a pdf. Adobe doesn't claim ownership of a photographer's work, because it created the pdf format.
"You obviously want legal action and respect to be equivalent to each other, but they aren't. Just because the community generally respects a creator's TOU does NOT mean that creator has the ability or legal standing to sue once the terms are violated."
What I want doesn't matter. Just because someone doesn't have the money to defend their intellectual rights doesn't mean they don't have rights. Just because one can "get away" with infringing doesn't make it ethical.
I don't care how nice it looks in pictures, if it has trackers embedded in it, or if it is so freaking huge or borked that it lags the game, it is shit and I DO NOT WANT.
Newsea is drowning!
ReplyDeleteOh, I see how they're getting new FA's now. "Move your pay content to TSR: Because getting paid once isn't enough!"
ReplyDeleteDouchebags.
At least it will be a bit easier to get Newsea's pay stuff.
ReplyDelete^That's what I thought first XD
ReplyDeleteNewSea joined the dark side of sims community. I hope they don't stop uploading in their site, I won't get anything from TSR.
Guess he thinks Thomass can protect his creations better. Haha, they will steal it from him.
ReplyDeleteI wonder if the hairs look good coming from the crappy TSRW tool.
^^ Seconding Anubis over thar.
ReplyDeleteIt disappoints me when I see a creator whose content I enjoy at TSR, because I refuse to download anything from them whether it's free or not. I don't trust them. I've stopped downloading from Lilisims once I saw she also plugs her creations on TSR.
I guess Newsea is just greedy. Sad, because I like a lot of their hairs.
On the plus side, if NewSea's stuff is released at TSR at the same time as on their blog, it shouldn't take as long for the pirates to get it.
ReplyDelete^Oops...I guess I should read first. Ha.
ReplyDeleteI agree with Anubis too.
ReplyDeleteGoodbye Newsea. I don´t have a single TSR thing and I´m not starting. No, sometimes I´m certainly not proud to be swedish.
ReplyDelete"NewSea joined the dark side of sims community."
ReplyDeleteNewSea has always BEEN on the dark side of the sims community. Let's not forget the list of "suspected" file sharers' private info on the front page. Honestly, I'm surprised it hasn't happened sooner-- they're just as corrupt as TSR.
this newsea hair kept messing up in my game for some reason but if it was pay, perhaps i got it from somewhere else (free) w/ a messed up file idk
ReplyDeleteWell I guess this is a plus for me because I been using TSR stuff for years without error.
ReplyDelete^I don't have any problems with TSR files either, but I don't see how this is a plus. Other than the "easier to pirate" thing.
ReplyDelete^^ Exactly :D
ReplyDelete"Well I guess this is a plus for me because I been using TSR stuff for years without error."
ReplyDeleteYou must be one of the only ones then, because one of the recent patches broke TSR content. TSR acknowledges this, and that would be why they came out with their own launcher.
"this newsea hair kept messing up in my game for some reason"
ReplyDeleteI'm not sure how their process is different, but Newsea is known for producing corrupted TS3 hair, resulting in noticeable lag and load time. I have yet to find a hair made by them that doesn't bork my game, sadly.
Hm, I use quite a few Newsea hairs and haven't noticed any increase in load time or lag. They're among my favourites. I do agree that Newsea=jackass, though, and that's why I refuse to pay for their content.]
ReplyDeleteIn the early days of TS3 I did have some TSR content, and THAT gave my game lag. Once I removed it, no problems.
"You must be one of the only ones then, because one of the recent patches broke TSR content. TSR acknowledges this, and that would be why they came out with their own launcher."
ReplyDeleteNope. They had Merlin for a looooong time before that.
Odd. Prior to the patch borkedness, Thomas had said something about how TSR used the EA launcher in order to ensure "future compatibility" with all patches and EPs. I had assumed that Merlin was released after that, but maybe he was just bullshitting.
ReplyDeleteI occasionally get free downloads on TSR, but NEVER EVER pay for stuff. I'd rather have my fingernails ripped out one by one by an Al Qaeda interrogator than pay money to TSR.
ReplyDeleteWhat about TSR from the booty? I only use Sims3pack files, because ever since WA I have not been able to use ANY .package files without game lag. I don't have any probs using booty TSR Sims3pack files. I'm thrilled that they are moving to TSR cause now their hairs will be avaliable as Sims3pack. I couldn't use them before and now I'll be able to. :)
ReplyDelete"I'd rather have my fingernails ripped out one by one by an Al Qaeda interrogator than pay money to TSR."
ReplyDeleteITT priorities
PMBD cleans the TSR files before putting them up.
ReplyDelete"Prior to the patch borkedness, Thomas had said something about how TSR used the EA launcher in order to ensure "future compatibility" with all patches and EPs. I had assumed that Merlin was released after that, but maybe he was just bullshitting."
ReplyDeleteDefinitely bullshitting. Merlin was released very soon after the game.
I get free stuff from TSR if it's nice (which is rare) and I have no problem with the stuff I download.
ReplyDelete^ I downloaded Merlin a while back, before I found Delphy's Extactor, just because it was faster at installing Packs than the Launcher was. The version on my computer was last modified on September first of last year, less than 2 months after the game release. I'm 99% sure it was NOT the alpha release.
ReplyDelete^Oops, I meant less than 3 months. But the TSR Merlin tutorial was written on August 2, so clearly the original Merlin came out less than 2 months after the game anyway.
ReplyDelete^Well, fuck it. It's not even the tutorial, it's the page for the download. I obviously am not paying close attention to what I read/type today.
ReplyDeleteBut ANYWAY. That version came out on August 2 2009. I think there was an earlier version too.
jfade's Merlin bug thread in the TSR forums started at the end of July '09. So yes, there was one released before 2 August 2009.
ReplyDeleteI'm curious where anon read that TSR released Merlin to circumvent patch borkedness, because it *might* be true. The first patch was early-ish after all. I'd just like to see the quote first hand, if I can.
I'm almost certain that jfade and TSR started work on Merlin even before the very first patch, though. I seem to remember it that way, anyway.
THIS IS GREAT! I CAN FINALLY HAVE NEWSEA HAIR IN THE NON-GHETTO DELPHY .PACKAGE FORMAT! YAY WE ALL WIN!
ReplyDelete^Your comment makes no sense. The .package format was created by EA, not Delphy. Unless you're under the impression that EA and Delphy are one and the same?
ReplyDelete^Probably because of Delphy's tool that turns .Sims3Packs into .packages, and because Delphy's site initially only allowed .packages.
ReplyDeleteBut it WAS retarded. Retarded enough for me to assume it's a troll.
our favorite sims villains together at last, any one else hear that maniacal laughter?
ReplyDeletei saw the profile this afternoon and that is THE cockiest description i have EVER read for ......non dating related stuff lol. looking forward to getting your stuff from Antonella newsea!
I have used TSR almost extensively because I had problems with package files. The only TSR files that have troubled me were patterns and they have fixed that issue. Otherwise, I have had no problem with any TSR download. I am not defending them because I know there are some issues with them, but I have used them for years and have been happy. I completely understand those that do not want to use them, but for me, I am glad Newsea has moved to TSR. On the other hand, I hear her hairs are so huge that they lag games badly so not sure they are much use.
ReplyDelete^^ Meh, I prefer packages over Sims3Packs, personally. I find your reaction more extreme than the (most certainly trollish) comment you're responding to. Calm down.
ReplyDeleteLol, he calls himself "an expert hair designer." Classy, NewSea. Classy.
I've used a lot of TSR stuff over the years. I don't have any technical trouble with it, but I still don't use it much any more, because their site is sleazy and I'd rather not support it. But eh, I pirate the pay stuff and most of the free stuff sucks anyway.
ReplyDeleteI don't really have any reason to hate TSR. Yeah, a lot of it is crap and users steal creations, but that happens all over the interwebs.
ReplyDeleteI don't hate TSR, but I think its a good place for beginners
ReplyDelete^^ Yeah, because you can upload bucketfill that comes wth the base game and make money without having to learn how to do any work. It's great.
ReplyDeleteUsing package files ups the memory requirements of the game. I've done several tests comparing memory and load times with same content first as packages loaded from mods folder and then as sims3packs installed into the DCCache folder. Having the content in the mods folder increases memory use and slows loading time.
ReplyDelete@ B newseas, xm sims, roses, raon's have hair made with TSR tool. You can tell by opening them up and looking at the thumbnail .pngs.
As for Newsea at TSR, I don't see what the fuss is about. Those who turn to the booty will continue to do so, those who choose to donate/pay subscriptions will continue to do so.
Personally, I respect a creator's right to decide how to distribute their works. I never liked TSR's terms- which clearly state they claim the right to distribute and redistribute all submissions FOREVER. But, at least they recognize that creators have rights, unlike, simscave, blackpearl, maty, PMBS etc who claim the right distribute whatever they want FOREVER and mock the very idea of creator right to set terms.
"But, at least they recognize that creators have rights, unlike, simscave, blackpearl, maty, PMBS etc who claim the right distribute whatever they want FOREVER and mock the very idea of creator right to set terms."
ReplyDeleteEr, no, actually. Take a look at the EULA all players must agree to before playing. It clearly states that creators do not, in fact, have any rights to their creations. While it's not illegal to sell them, it's not illegal to share them either, due to the fact that at the end of the day, EA owns everything.
No, that isn't what the EULA states at all. If it did it, EA would be violating copyright laws.
ReplyDelete"EA would be violating copyright laws."
ReplyDeleteYour comment makes absolutely no sense. EA can't infringe upon their own copyright. They specifically allow for both filesharing and paysites in the EULA, but make no mistake, it does NOT say that custom content creators have a claim to their own creations.
Has anyone stopped to think that maybe one of the reasons Newsea moved to TSR is because SIMSCAVE refuses to post ANYTHING from TSR on their website, and they were the BEST place to go to get Newsea hair for free??
ReplyDeleteI think you're confusing the term "rights" and "overall politeness". Generally, downloaders respect creators' terms of use out of politeness. However, the only entity that holds a LEGAL COPYRIGHT to anything is EA.
ReplyDeleteTechnically, EA has the right to incorporate any custom content into a future EP, and they don't have to give the creator a dime if they don't want to. That is because EA holds the copyright to everything TS3.
What that has to do with Newsea joining TSR I don't know, but there you go.
^^ I'm not saying that EA is infringing on it own copyright. I'm saying that it does not/and cannot set the terms for use of content which it does not have ownership. I know that sounds round about,. I'll try to state it more clearly. In the the eula, EA reserves the right to claim every thing it can under the copyright laws. However, they can't claim the rights to things they don't create. That includes fan created content.
ReplyDeleteIf EA claimed ownership of 3rd party content, this wouldn't part the terms of use at the exchange.
"You may not upload any content through the Software that is protected by copyright, trademark or
other intellectual property rights unless you are permitted to do so by the owner or law. EA may,
without prior notice to you and in its sole judgment, remove content that may infringe the
intellectual property rights of a third party. If you are a repeat infringer of EA's or a third party’s
intellectual property rights, EA may terminate your EA account without notice to you. "
If third party content instantly became EA's there would be no need for such a clause.
"At least it will be a bit easier to get Newsea's pay stuff."
ReplyDeleteI completely agree lol. Seems like they had not earned enough on their own blog
yay! Now I can get them for free!!! *evil laugh*. I think they(NewSea boys) think that their tracker have failed so they look for protection from the Master of Ass, ThomAss. BUT! lot's of sites shared TSR objects! That makes me really happy! Newsea, I'll have all your hair now! MWAHAHAhAHAHAHAHAHAHA!!!!!!!
ReplyDelete"However, the only entity that holds a LEGAL COPYRIGHT to anything is EA."
ReplyDeleteTake another look at copyright laws. All works governed by copyright laws are protected from the moment of creation. They do not have registered for protection. The EULA doesn't grant permission for the work of others to be used in any way, because EA doesn't have the right to do so. EA can only set terms for its work, not fan work, unless it is expressly given.
Again, if you look at the exchange's eula it specifically points this out. When you upload content to the exchange through the launcher you are expressly giving EA certain rights, if EA already had those rights you wouldn't be asked to give them to when submitting content to the exchange.
Now that it's on TSR, I think It'll be difficult to clean it. Because they have a tracker, and it takes a while for PMBD to get rid of it. Because alot of pay items on TSR that are pretty good, such as angela's sets, are not up at PMBD.
ReplyDeleteI bet Newsea is just going to share their tracking secrets with TSR. x.x .. which will mean... that it will be harder to get anything from TSR.
ReplyDelete"No, that isn't what the EULA states at all. If it did it, EA would be violating copyright laws."
ReplyDeleteHahahahahaha no.
I have like 500 package files in my mods folder with a relatively short load time.. Anyways.
ReplyDeleteIf newsea wants to do this, then more power to 'em. I still won't pay for their shit. The only thing I pay for is my ep's and the like.
Rose and Peggy have new stuff. :3
ReplyDeleteI don't think you understand copyright laws. It's an actual legal status that has to be filed. EA holds the legal copyright to everything TS3. Just because CC creators use EA's playground to create does NOT mean that their creations legally belong to anyone but EA.
ReplyDeleteIf you're so convinced that CC hold copyright to their own creations, why can't they package their creations together and sell them at stores? Simple: because they don't own what they create. If anybody tried it, EA sue their pants off.
I don't know how to make this any clearer to you. The agreement users agree to at the website has nothing to do with copyright. You are agreeing to follow their rules when uploading creations, and giving them the rights to delete said creations if you violate those rules.
lmao, it still boggles me how people would pay some crazy paranoid lady just for some pixel hair. No thanks, I like my booty.
ReplyDeletei would say i cant believe the went TSR but it makes sense in a way. wow id say that it was ither an act of desperation or extreme greed.
ReplyDeleteSeems like Simcredible has also just joined TSR. Maybe they will be an FA just like Newsea.
ReplyDeleteNo, it sounds like you who don't understand how copyrights work. I have worked almost daily with copyright issues for over 20 years. EA's rights are limited to what it creates.
ReplyDelete"This License is limited to the intellectual property
rights of EA and its licensors in the Software and does not include any rights to other
patents or intellectual property."
It could perhaps stop fans from creating. It could definitely stop fans from using its trademarks if it wished to. A third party could not package content and use any trademarks including the name of game unless EA approved. EA's fan site EULAs list the terms for fan site use of it trademarks.
The title of the section I quoted from is "Intellectual Property Rights and Ownership" It definitely concerns copyright.
Educate yourself outside of the sims community and then reread the documents. Things will be a lot clearer to you.
"EA's rights are limited to what it creates."
ReplyDeleteIf that were true, EA would not have the ability to incorporate CC into EPs and SPs, which it can and does. They've been doing it all the way back to TS1, which was ten years ago.
I'm not advocating that creators shouldn't be respected, but you're conflating "respect" with "legal rights". Creators do NOT own what they create.
The EULA clearly states that creators "waive any moral rights of paternity, publication, reputation, or attribution under applicable law with respect to EA’s and other players’ use and enjoyment of such content contributions".
EA has clearly stated that the community is able to do what they like with custom creations, regardless of the original creator's policy. This is because EA is the legal authority in this situation, NOT the creator.
I find it difficult to believe that someone who is familiar with copyright law would be under the impression that custom content creators have a legal copyright to their own work, particularly one that EA is capable of infringing upon.
The creators of CC used by EA gave the EA the rights to do so. All the contests ( etc) had entry forms stated that the creators were allowing EA the right use their creations.
ReplyDelete20 plus of dealing with copyright has taught me that EULAs and TOU are written in VERY BROAD terms claiming as many rights as possible and are often are written in ways that suggests more rights are present then actually exist.
When I first started, I would look at licensing agreements and wonder what was allowed because the way they were written seemed to forbid everything -- even after licensing fees were paid. Luckily, I had access to a legal advisor to help sort through what was allowed and what wasn't.
Of course creators own what they create. What they don't own is the EA's trademarks. They have no right to use them without EA's permission. . Basically, a creator has no right to use the name of the game in connection with what he/she has created. You could make something and distribute it, but you couldn't tell people that it was for a sims game without EAs permission.
LOL The quote you cite is pertains content uploaded to the exchange using the launcher. You seemed have missed the first line of that paragraph -
"In exchange for the right to use content contributed by other users through the Software, when
you contribute content through the Software, you expressly grant...."
An exchange is being made, EA is not claiming anything it doesn't create, it is saying, if you submit creations you will be giving up these rights.
"Of course creators own what they create. What they don't own is the EA's trademarks."
ReplyDeleteLet's go with that argument. If this were true, creators would have the right to set their own terms of use. A violation of these terms of use could result in legal action, because the creator is the legal owner.
However, everyone who plays TS3 gives up these rights the minute they agree to the game's EULA, which allows for both paysites and filesharing of paysites. Moreover, creators would have the ability to refuse EA the right to include their creations in future expansions.
If the creators are the legal owners of their creations, where are the lawsuits over filesharing? You had better believe that Newsea and TSR would do it if they could. The problem is that they can't.
You obviously want legal action and respect to be equivalent to each other, but they aren't. Just because the community generally respects a creator's TOU does NOT mean that creator has the ability or legal standing to sue once the terms are violated.
"Let's go with that argument. If this were true, creators would have the right to set their own terms of use. A violation of these terms of use could result in legal action, because the creator is the legal owner....If the creators are the legal owners of their creations, where are the lawsuits over filesharing?"
ReplyDeleteLawyers don't work for free. The costs of a lawsuit would be prohibitive and the rewards minimal. That doesn't mean that creators don't legal standing , it just means it very difficult for them to defend their rights.
Filesharing goes on not because it legal, but because it is easy to do and hard to trace.
"... the game's EULA, which allows for both paysites and filesharing of paysites. "'
Where are you getting that from? Game EULA does no such thing. EA doesn't have the right to grant filesharing rights unless the creator grants them that right. Creators when if they upload exchange through the launcher, not when they create the content.
You seem to be assuming that by placing the content into a .iff, .package, or sims3pack that creators are giving rights to ea.They are not. EA doesn't claim this only filesharers claim this.
Iffs, packages, and sim3packs are basically archives - think of them as specially made boxes that allow content to be used in the games. EA created the "boxes" in the later two cases. (IFF files were first used by amiga.)
Putting content into one of those boxes is like making a zip or adding graphic file to a pdf. Adobe doesn't claim ownership of a photographer's work, because it created the pdf format.
"You obviously want legal action and respect to be equivalent to each other, but they aren't. Just because the community generally respects a creator's TOU does NOT mean that creator has the ability or legal standing to sue once the terms are violated."
What I want doesn't matter. Just because someone doesn't have the money to defend their intellectual rights doesn't mean they don't have rights. Just because one can "get away" with infringing doesn't make it ethical.
This comment has been removed by the author.
ReplyDelete"I have like 500 package files in my mods folder with a relatively short load time."
ReplyDeleteI'm a diehard package fan, but I have around 3,000 files and I'll admit that my load time is suffering.
"Seems like Simcredible has also just joined TSR. Maybe they will be an FA just like Newsea."
Ugh, I totally missed this comment in the midst of the argument. That blows. Hopefully he won't become an FA.
I don't care how nice it looks in pictures, if it has trackers embedded in it, or if it is so freaking huge or borked that it lags the game, it is shit and I DO NOT WANT.
ReplyDelete