Legal violations by A3L: Arma 3 life

[NoWay_AsWay 10]

In reading through this thread the thing that bothers me is the lack of lack of any real leverage to apply pressure with. There is perhaps another avenue besides forcing BIS's hand. In A3Ls documentation I found the standard creativecommons licenses/by-nc-nd/4.0/ and this:

disclaimer.txt

Arma 3: Life is an ArmA3 community using a custom map originally developed and released to the community by El76 and Optyrex as an Arma2 Map.

Arma3-life.com only owns the modifications made to such map - see License file included. You can still use the original Arma2 map as you prefer, as it belongs to EL76 and Falcos, and it was released as a community WIP project.

This release (or modpack) is meant to be for the Arma3-life.com community and any use of any addons/files labeled A3L (A3L_) AND LakesideValley.pbo is strictly forbidden to be used in any other game server (no matter what game) unless this server is hosted by arma3-life.com itself (THIS INCLUDES THE MAP). All other addon mods are on public domain and can be utilized at your desposial.

All Youtubers and Streamers that use any of our A3L labelled addons/files (Or the map: LakesideValley.pbo) agree that Arma3-life.com has the right to take down any and all videos and/or posts at our descretion if the content was not filmed/streamed on the official A3L server.

Ya, they misspelled "discretion" and "disposal" but this did give me the idea to look into intellectual property and streamed content.

Now in the Twitch ToS I found this on intellectual property:

Twitch Repeat Infringer Policy.

Repeat Infringer Policy.

In accordance with the DMCA and other applicable law, Twitch has adopted a policy that it will promptly terminate without notice any user’s access to the Twitch Service if that user is determined by Twitch to be a “repeat infringer.†A repeat infringer includes, without limitation a user who has been notified by Twitch of infringing activity violations more than twice and/or who has had their Broadcaster Content or any other user-submitted content removed from the Twitch Service more than twice. Twitch may also at our sole discretion limit access to the Twitch Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

In addition, Twitch accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

#13 Rights in User Content.

...

By submitting or posting User Content to the Twitch Service, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Twitch Service;

Twitch is a huge sources of publicity for A3L, with hundreds to thousands of viewers a day watching A3L streams.

Again, "Twitch may also at our sole discretion limit access to the Twitch Service and/or terminate the accounts of any users who infringe any intellectual property rights of others..."

DMCA takedown notice can also be sent to A3l isp's who by law will have to investigate.

http://www.sfwa.org/2013/03/the-dmca-takedown-notice-demystified/

"Compared to the normal legal process for getting an injunction to remove an infringing copy from the network, which takes a long time and an enormous amount of resources, a DMCA takedown notice is fast, simple, and can be drawn up by a copyright holder without the help of a lawyer. It really is very powerful."

Might be worth considering.

Digital Millennium Copyright Act Notification Guidelines:

From:

http://www.twitch.tv/user/legal?page=dmca

Digital Millennium Copyright Act Notification Guidelines

Notification of Infringement

It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringersâ€. If you are a copyright owner or an agent thereof, and you believe that any content hosted on our web site (www.twitch.tv) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCAâ€) by providing Twitch’s Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512©(3) to confirm these requirements):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Twitch web site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Twitch to locate the material. Providing a broadcaster’s feed and the time on such feed at which you believe there has been an infringement is the best way to help us locate content quickly.

Information reasonably sufficient to permit Twitch to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Please note that Twitch may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effects for publication.

Counter-Notification

If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

Your physical or electronic signature.

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

The subscriber’s name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Twitch may be found, and that you will accept service of process from the person who provided notification under subsection ©(1)© or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Designated Copyright Agent

Twitch’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, 225 Bush Street, 6th Floor, San Francisco, CA 94104 or by email at copyright@twitch.tv. For clarity, only DMCA notices should go to the Twitch Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Twitch customer service through help@twitch.tv. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Edited November 29, 2014 by NoWay_AsWay

[Villain. 11]

I am not sure if this information can be of use to anyone here but as it's not yet been mentioned I thought it's worth posting.

I don't really want to join in this crusade myself - Not that I don't believe in the cause, but I have too little down time as it is and this seems like a very time consuming and blood pressure increasing battle with people who don't care and think they are above the law.

Anyway, on to the point...

I must begin by saying I'm not sure if this is the same group/server etc.. I have nowhere near enough knowledge on the matter but from the amount of visible content it sure seems like what people have discussed here. If not, simply ignore the rambling man in the corner and continue your discussions.

From about 9:25 in the music being played in the club is the same music played in Payday 2's nightclub mission. I did a quick look myself and the song wasn't released in their official soundtrack but it was made specifically for the heist. From what I could see nobody could provide a name/artist.

I have no idea where they stand from a legal stand point but as the developers are very involved in their community they are probably quite easy to approach.

Random vid for the nightclub mission. Music can be heard pretty much instantly. It just loops (and is very irritating after playing numerous times..)

Hope this of use, if not, I apologise.

Keep up the good work guys, hopefully these guys can be brought to justice or at the very least have all the content they did not create removed and then we can watch the mass exodus of their player base, who in turn demand refunds!

Edited November 29, 2014 by Nokturnal1ne

[BL1P 35]

So stolen by A3L so far>

The whole code for the mission

Most of the models

The sounds

The music

Is there anything this bunch of fucking cunts didn't steal ?

[eggbeast 3673]

Updated evidence dossier (more held/received but i'm busy today - will add to this post as time elapses)

ok we have some late-comers to the party here - guys please read these threads for proof of

a) pay to play earning A3L what we estimate to be in excess of $10,000 = commercial use

http://forums.bistudio.com/showthread.php?162249-From-the-creators-of-Stratis-Life-ArmA-3-Life&p=2792801&viewfull=1#post2792801

http://forums.bistudio.com/showthread.php?162249-From-the-creators-of-Stratis-Life-ArmA-3-Life&p=2793527&viewfull=1#post2793527

http://forums.bistudio.com/showthread.php?162249-From-the-creators-of-Stratis-Life-ArmA-3-Life&p=2799774&viewfull=1#post2799774

what is commercial use?

On Psy's youtube page which has had a staggering 50,000 views in the past 36 hours, I added a comment about the terms of service, and the potential to charge-back a donation fee made to benefit from an expedited access service to a mod containing provable illegal content.

Please see what you think of it and perhaps link it to anyone who may benefit from the notion.

Are they still charging? yes they are

http://i.imgur.com/Tp7FMhL.png

http://i.imgur.com/ePzIhKr.png

http://i.imgur.com/MONDb9Y.png

HOW MUCH DID THEY MAKE? $100,000

b) stolen code from Tonic, request of removal from Roberthammer and Milkman

http://forums.bistudio.com/showthread.php?162249-From-the-creators-of-Stratis-Life-ArmA-3-Life&p=2799456&viewfull=1#post2799456

http://forums.bistudio.com/showthread.php?162249-From-the-creators-of-Stratis-Life-ArmA-3-Life&p=2799786&viewfull=1#post2799786

http://forums.bistudio.com/showthread.php?162249-From-the-creators-of-Stratis-Life-ArmA-3-Life&p=2799830&viewfull=1#post2799830

http://forums.bistudio.com/showthread.php?162249-From-the-creators-of-Stratis-Life-ArmA-3-Life&p=2799904&viewfull=1#post2799904

c) Roberthammers request to remove his content from the A3L mod (ignored by A3L)

http://forums.bistudio.com/showthread.php?162249-From-the-creators-of-Stratis-Life-ArmA-3-Life&p=2799909&viewfull=1#post2799909

http://forums.bistudio.com/showthread.php?184772-Legal-violations-by-A3L-Arma-3-life&p=2811062&viewfull=1#post2811062

d) Milkmans request to have his content removed (ignored by A3L)

http://forums.bistudio.com/showthread.php?184772-Legal-violations-by-A3L-Arma-3-life&p=2806641&viewfull=1#post2806641

e) Tonics proof of theft and request for removal of his code (ignored by A3L)

http://forums.bistudio.com/showthread.php?162249-From-the-creators-of-Stratis-Life-ArmA-3-Life&p=2800310&viewfull=1#post2800310

http://forums.bistudio.com/showthread.php?184772-Legal-violations-by-A3L-Arma-3-life&p=2811217&viewfull=1#post2811217

Confession by Mike Baxter in interview on youtube

http://forums.bistudio.com/showthread.php?184772-Legal-violations-by-A3L-Arma-3-life&p=2818211&viewfull=1#post2818211

and proof he commissioned piracy for cash ($150 to $500 received from individuals totaling minimum of $3,500 for pirated models cars)

Tonic replies to Caidens claims of a relationship, and communications implying they could use his code:

http://www.altisliferpg.com/topic/7542-a3l-makes-me-cry-from-laughter/

f) Kiory's expression of dismay at finding his hat mod in A3L

http://forums.bistudio.com/showthread.php?184772-Legal-violations-by-A3L-Arma-3-life&p=2815672&viewfull=1#post2815672

g) CSE demands removal of their mod

http://forums.bistudio.com/showthread.php?184772-Legal-violations-by-A3L-Arma-3-life&p=2816425&viewfull=1#post2816425

h) Forum Ban for Caiden as a result of the complaint being upheld by BIS forum moderators

http://forums.bistudio.com/showthread.php?162249-From-the-creators-of-Stratis-Life-ArmA-3-Life&p=2800414&viewfull=1#post2800414

i) List of pbos in the mod demonstrating what is included (screen shots of their folder structure sent to Tonic by a moderator on his forums)

http://gyazo.com/833e667e536046b3dd3cd4abfb29d0b3

http://gyazo.com/e9a4af0560f109a50e05a0b470599310

http://gyazo.com/86c5133f80bcdd9425f57b5ed0b005cc

http://gyazo.com/a876797fcc0c12dd56f5485a17a0d1ac

From what can be seen they are using the following:

Tonics code 90%+ (has asked for removal)

Milkmans buildings - (has asked for removal)

Kiory's Random Hat Madness (has asked for removal)

Ivory Aircraft - CRJ-200 (dezkit)

Ivory Aircraft - T6A (dezkit - Iris asset protected by non-commercial copyright)

Ivory Aircraft - ERJ 135 (dezkit)

FLAY's HangGlider

Blastcore

TFAR (nkey not fussed)

rh_de.pbo (RobertHammer - has asked for removal)

rh_de_cfg.pbo (RobertHammer - has asked for removal)

rh_m4.pbo (RobertHammer - has asked for removal)

rh_m4_cfg.pbo (RobertHammer - has asked for removal)

CSE mod (has asked for removal)

Stolen code from CL3

http://i.imgur.com/JqJHOFE.png

i) allegedly stolen models from other games

Shift 2: http://i.imgur.com/HbgASrz.jpg

A3L: http://i.imgur.com/meAYId0.jpg

CL3: http://i.imgur.com/BhLFQUi.png

Help: http://i.imgur.com/deLC1X1.png

Forza: dev stream: http://i.imgur.com/OajxFLm.png (removed his past broadcast after the pic was posted)

2012 Chevrolet Camaro ZL1: http://i.imgur.com/5HF9zqb.png

Forza 4:

http://www.youtube.com/watch?feature=player_embedded&v=4zbpyTcznGM#t=0

http://www.youtube.com/watch?feature=player_embedded&v=1pla6i4PsBA

http://www.youtube.com/watch?feature=player_embedded&v=S0gBZoPOkNI

http://www.youtube.com/watch?feature=player_embedded&v=-MOWSwZPYXw

http://www.youtube.com/watch?feature=player_embedded&v=Mc77oZ0Et50

Iris aircraft converted with permission by dezkit

example of permission - NOTE their non-commercial requirement

j) previous team members exposing culture of commercialisation and theft

+ statement from one of the A3L developers as to the truth behind the scenes at A3L

http://www.youtube.com/watch?v=3p5LOiKWgDk

+ statement from another A3L develop explaining some of the problems inside the mod team

http://forums.bistudio.com/showthread.php?184772-Legal-violations-by-A3L-Arma-3-life&p=2813832&viewfull=1#post2813832

I believe that the money they were making was more important than doing the right thing

+ another of their devs showing remorse

http://forums.bistudio.com/showthread.php?184772-Legal-violations-by-A3L-Arma-3-life&p=2811732&viewfull=1#post2811732

This is really, really upsetting that a community I once worked has been doing this even when I worked with them. I had no idea about anything of these legal violations during all of that time. Lies after lies. This is really just sad.

+ModDB upholds the view that A3L broke their Terms of Service

http://www.moddb.com/mods/arma-3-life1

The mod you are trying to view has been deleted and is no longer available. This may have occured at the developers request because it is no longer active and was not released, or it may have occured because it violated the sites Terms of Service. If this is a mistake and you are a member of this mods team and would like it re-activated, please contact us with the details.

Youtube account suspended "Account deleted due to violation terms of use"

https://www.youtube.com/user/arma3lifeofficial

k) BIS views

http://forums.bistudio.com/showthread.php?162249-From-the-creators-of-Stratis-Life-ArmA-3-Life&p=2808039&viewfull=1#post2808039

http://forums.bistudio.com/showthread.php?184772-Legal-violations-by-A3L-Arma-3-life&p=2812681&viewfull=1#post2812681

http://forums.bistudio.com/showthread.php?184772-Legal-violations-by-A3L-Arma-3-life&p=2813447&viewfull=1#post2813447

http://forums.bistudio.com/showthread.php?184772-Legal-violations-by-A3L-Arma-3-life&p=2813469&viewfull=1#post2813469

- they believe A3L isn't still charging for access

- they won't intervene in the theft of materials

l) stolen content from BIS's own dayZ

DayZ for A2

Content is restricted to A2 in BIS EULA. A3L has taken DayZ content, ported it to A3, renamed and redistributed it, commercialised it, and restricted it's use to their pay-to-play sites only.

e.g. Many elements of the DayZ Axe have been taken from dayZ for Arma 2, and distributed in the A3L mod pack. Details are provided below.

Config

The config files are essentially the same, with some minor amendments, example of similarity below, the files provided demonstrate the extent of the theft:

class dayz_weapons

class DZ_SingleMelee: Mode_SemiAuto

{

multiplier = 1;

burst = 5;

displayName = "Hack";

class a3l_axe

class DZ_SingleMelee: Mode_SemiAuto

{

multiplier = 1;

burst = 5;

displayName = "Arma 3 Life Axe";

The following files from Textures and animations are exactly the same in A3L and dayZ mod:

Textures:

• @A3L\addons\a3l_axe\ textures\ equip_hatchet_CA.paa

• @A3L\addons\a3l_axe\ textures\ equip_shells_CA.paa

• @dayz\dayz_equip\textures\ equip_hatchet_CA.paa

• @dayz\dayz_weapons\textures\ equip_shells_CA.paa

Anims:

• @A3L\addons\a3l_axe\anim\melee_punch.rtm

• @A3L\addons\a3l_axe\anim\melee_hatchet_swing.rtm

• @A3L\addons\a3l_axe\anim\melee_hatchet_holding.rtm

• @dayz\dayz_weapons\anim\melee_punch.rtm

• @dayz\dayz_weapons\anim\melee_hatchet_swing.rtm

• @dayz\dayz_weapons\anim\melee_hatchet_holding.rtm

A3L then seeks to restrict any users use of the pirated DayZ axe through this "license"

“This release (or modpack) is meant to be for the Arma3-life.com community and any use of any addons/files labeled A3L (A3L_) AND LakesideValley.pbo is strictly forbidden to be used in any other game server (no matter what game) unless this server is hosted by arma3-life.com itself (THIS INCLUDES THE MAP). All other addon mods are on public domain and can be utilized at your desposial.â€

interestingly, this last sentence also freely gives the redistributed mods like RobertHammers weapons, kiorys hats, milkmans buildings, CSE scripts, etc to all comers without honouring the original authors' license. "on public domain and can be utilized at your desposial" - they certainly are not and they have no moral, legal or commercial authority to offer this license to the public to take other peoples content and use it freely. Also this license takes the BIS game EULA, the DayZ EULA, the BIS Tools EULA and all of the sample models Licenses that affect much of the content, and blows a hole clean through them.

PETITION of nearly 1900 community members to get this mod stopped

hence the petition to ask them to reconsider their position

http://www.ipetitions.com/petition/bis-vs-piracy

A3L team present and currently enjoying the use of the BIS forums:

http://forums.bistudio.com/member.php?110915-Zannaza (Still cashing in - $100k and rising)

http://forums.bistudio.com/member.php?177990-Schultzit (UNREPENTANT in PM)

http://forums.bistudio.com/member.php?86504-Pr0mthesus

http://forums.bistudio.com/member.php?212110-TheMrZoo (LEFT A3L but not really very sorry?)

http://forums.bistudio.com/member.php?136327-Kurtt420 (LEFT A3L awaiting details)

http://forums.bistudio.com/member.php?110356-Caiden (BANNED)

http://forums.bistudio.com/member.php?237041-mbaxter (BANNED and APOLOGISED)

http://forums.bistudio.com/member.php?127957-Hem (APOLOGISED)

http://forums.bistudio.com/member.php?132141-Brobropopo (left ages ago)

http://forums.bistudio.com/member.php?142622-Delgado (APOLOGISED)

http://forums.bistudio.com/member.php?172431-Barotall (APOLOGISED)

http://forums.bistudio.com/member.php?176426-Kerkkoh (APOLOGISED)

Edited December 13, 2014 by eggbeast

[bigpickle 0]

I think this means to me at least anyway, that BIS are happy to allow other customers to abuse the content created by mod makers as well as BIS content too, steal from other professional development teams and allow that content to be merged into their own engine. I have zero respect for the AL guys but BIS I expected better from you, customer protection is key. I'm sure the legality of this will have been looked into by BIS, so a logical assumption is that BIS put the cost of action first before its customers since there has been no action.

[TheFoxOnFire 10]

From their thread on the A3L forums -

Our Donator System, which was in violation with Bohemia, was requested by Bohemia to be removed. We have complied with their request. Our current offering of paying $30.00 to expedite a civilian application has been approved by Bohemia and is within the EULA as were not offering any perks or ingame items but a fast track to establishing teamspeak tags and forum access to our community. We have gone a step further, and have lowered this to a minimum of $10.00 to expedite application access.

http://arma3-life.com/forums/index.php?/topic/35121-a3l-intellectual-property-statement/

So they've dressed it up. They've lowered it to a "minimum of 10$" <- Putting in a "minimum payment" sure as hell makes it sound like a commercial product to me. If you want to donate there shouldn't be a "minimum" to donate. And then you have "expediting application access." Keyword - ACCESS.

They're still doing what they're doing, and they won't stop it.

As far as I know Bohemia hasn't "approved" anything. They haven't said "Yup that's all good, keep doing that!" (correct me if I'm wrong.)

Our current offering of paying $30.00 to expedite a civilian application has been approved by Bohemia and is within the EULA as were not offering any perks or ingame items but a fast track to establishing teamspeak tags and forum access to our community.

"Hey! We're not offering any perks! Just instant access to the game and forums! If you don't pay, enjoy your time in the line!"

Not offering perks? WHAT? They're literally saying if you don't pay then expect your application to take a long time, and you can enjoy the 2 weeks wait to be able to post on the forums! If that's not a perk then I don't know what is.

[chrisb 196]

Certainly not hard to understand why some great mod/addons out there, are simply not shared widely. :(

[almanzo 144]

How possible is it for us to perform some form of civil action against them? I'll gladly chip in in order to take them to court on behalf of the modders that have been abused and on behalf of the users who have been forced to pay.

And lastly, a simple question:

Is there any way for me to spot what communities are in violation of intelectual property rights and so forth? Lets say these guys didn't require donations at all? I wouldn't be able to spot if it was against the EULA or not if it wasn't for threads like this? How about city life? Are they breaking anything?

And what about private communities using modsets made through PwS? Are they allowed to ask for donations or fees in order to pay for server cost and so on as long as they don't make a profit? Or is donations the only way to finance a community legally? (I am simply talking about a group of friends comming together to pay for server fees and such, requireing everyone to chip in.).

Edited November 30, 2014 by aLmAnZo

[chiefboatsret 14]

I belong to a community that accepts donations to help pay for the daily operations but anyone can play there without paying. The only perk is getting to bump non contributors on full servers in some but not all games. I don't consider that pay to play since the servers are open to the public.

[mobile_medic 43]

I certainly am not accusing BIS of such, but, from a business perspective, a popular mod helps BIS financially. The other side of the coin, is a popular mod that gets the BIS community all riled up over alleged copyright issues and a 120 page thread isn't the best PR for them (but, to the casual observer, neither would a popular mod getting shut down). If it is strictly a business decision for them, $ win, and it could be that sales gained over that mod are worth more than sales lost over this thread or bad pr if it is spun that "Big Bad BIS went after some lil' guys and bent them over... they are so greeeedy."

My other question/curiosity about this situation is regarding alleged models/textures used from other games (not small modding teams). To be fair, it is pretty common practice, but the donation thing adds another layer to it. BIS has been pretty clear on their stance that they won't intervene with regards to copyright violation claims that don't involve them directly (even though, they are effectively the middle man). That works fine for them with regards to the average mod maker and isolated issues...

However, I wonder about potential liability issues they could face if larger companies who have ip that may or may not have been illegally used, start getting their antenna raised.

If they end up in a court room, other companies *might* argue that BIS had enough information provided/available to them and failed to adequately act (or even attempt to notify the copyright holders that their copyrighted materials were being used for (alleged) profit in a BIS game. One could potentially argue negligence, as it becomes increasingly difficult for BIS to claim ignorance. One could potentially argue that BIS directly benefited by being loose with ip theft concerns, b/c it generated sales for their own product. The, "we just provide the platform, and are not responsible for how people use/misuse it" defense doesn't appear to be a bulletproof one based on some of the judgments handed down in recent years.

NOTE: I, of course, am not a lawyer, and this is not legal advice. I am merely hypothesizing. But, anyone can sue anyone for anything. All that is needed is a good, or a bad, reason... and, some $$$.

I don't know what is going on behind the scenes, and won't speculate on who is in the right, but...

As tension continues to mount, one would hope, BIS would at least strongly consider the fact that they have generated well over 100 million dollars in sales in the last year for 2 games (one of which is a prime example of how BIS benefits from modders), largely due to the vibrant modding community they have here (many of whom are not currently happy, and feel they have no real recourse on their own). Sometimes exceptions are made when the situation warrants it, and you do a solid on behalf of those you have profited from, and who have continued to support you in spite of a great many flaws (subjective opinion) in your business/development strategy.

It's a PR problem for them if they do nothing. Likewise, it is a potential pr problem for them if they actually dropped the hammer. But, from viewing BIS' current interaction in this thread, one could reasonably walk away with the impression that BIS has essentially said "we dealt with ours, you are on your own" and left it at that.

And, it doesn't seem that BIS is very proactive in enforcing their terms to begin with. One need only a quick google search to readily find popular servers who are exchanging "donations" for in-game content (which, correct me if I am wrong, is a violation of BIS terms). Here are a few quick examples for "Altis Life" from a 5 second search:

http://gsngaming.com/topic/13006-altis-life-donation-perks/

http://olympus-entertainment.com/topic/489-donation-information-perks/

http://www.gaming-asylum.com/donate/

In some cases, you are merely "paying" for a re-skin. In others, you are getting extra content (already available in the vanilla arma) that is not otherwise available in the server.

It's no wonder people don't take the terms seriously, when it is so prevalent. The terms of use you put on your product, are only as strong as your enforcement of them

In my opinion, it is in BIS' best interest to be build a strategy that is more proactive towards protecting and supporting modders in this community who they rely on for sustained success.

And, for the players... it is my opinion that you should consider donating to some of the modders in this community who have years worth of contribution and help create the backbone of this community. Guys like KJU who see donations trickle in, while youtubers, and streamers get literally thousands per month in donations playing on his mods. Server admins have players lining up to pay upwards of 50/mo. Now, I am well aware of how difficult it can be to establish sustainable communities online around anything (it is what I do for a living). But, the "donations" for these life missions/mods are disproportionate to the actual costs of running servers, and someone who runs a game server is contributing time and skill, most often, while using other people's actual ip (that they may modify to suit their needs). Let's be clear, they are running a business at this point. Perhaps more players should keep that in mind, and consider a donation to a modder who actually built the game mode you are playing in the first place (i.e. Tonic). The give and take is out of balance. Balance needs to be restored.

This thread seems to show that there is strong support for the modders in this community. Which makes it disheartening to see actual modders seemingly at the bottom of the totem poll when it comes to prioritizing donations. Perhaps a good show of support right now would be to make a donation to a modder. Words are cheap :)

Edited November 30, 2014 by Mobile_Medic

[enex 11]

Mobile medic can you please elaborate and expand if you got something else on your mind?

I like reading your posts!

[nuxil 2]

I have a huge urge to reply to that post of his. but i resist. im sure someone else cant resist the temptation and will do it soon.

eggblast, neverthe less. no point in call people a dick. keep it civil and stay on track. ;)

[swiftn7 1]

OT: I see some infractions rollin' :coop:

[eggbeast 3673]

ok seeing as it's monday, here are a few more bits from the dossier...

DayZ for A2

Content is restricted to A2 in BIS EULA. A3L has taken DayZ content, ported it to A3, renamed and redistributed it, commercialised it, and restricted it's use to their pay-to-play sites only.

e.g. Many elements of the DayZ Axe have been taken from dayZ for Arma 2, and distributed in the A3L mod pack. Details are provided below.

Config

The config files are essentially the same, with some minor amendments, example of similarity below, the files provided demonstrate the extent of the theft:

class dayz_weapons

class DZ_SingleMelee: Mode_SemiAuto

{

multiplier = 1;

burst = 5;

displayName = "Hack";

class a3l_axe

class DZ_SingleMelee: Mode_SemiAuto

{

multiplier = 1;

burst = 5;

displayName = "Arma 3 Life Axe";

The following files from Textures and animations are exactly the same in A3L and dayZ mod:

Textures:

• @A3L\addons\a3l_axe\ textures\ equip_hatchet_CA.paa

• @A3L\addons\a3l_axe\ textures\ equip_shells_CA.paa

• @dayz\dayz_equip\textures\ equip_hatchet_CA.paa

• @dayz\dayz_weapons\textures\ equip_shells_CA.paa

Anims:

• @A3L\addons\a3l_axe\anim\melee_punch.rtm

• @A3L\addons\a3l_axe\anim\melee_hatchet_swing.rtm

• @A3L\addons\a3l_axe\anim\melee_hatchet_holding.rtm

• @dayz\dayz_weapons\anim\melee_punch.rtm

• @dayz\dayz_weapons\anim\melee_hatchet_swing.rtm

• @dayz\dayz_weapons\anim\melee_hatchet_holding.rtm

A3L then seeks to restrict any users use of the pirated DayZ axe through this "license"

“This release (or modpack) is meant to be for the Arma3-life.com community and any use of any addons/files labeled A3L (A3L_) AND LakesideValley.pbo is strictly forbidden to be used in any other game server (no matter what game) unless this server is hosted by arma3-life.com itself (THIS INCLUDES THE MAP). All other addon mods are on public domain and can be utilized at your desposial.â€

interestingly, this last sentence also freely gives the redistributed mods like RobertHammers weapons, kiorys hats, milkmans buildings, CSE scripts, etc to all comers without honouring the original authors' license. "on public domain and can be utilized at your desposial" - they certainly are not and they have no moral, legal or commercial authority to offer this license to the public to take other peoples content and use it freely. Also this license takes the BIS game EULA, the DayZ EULA, the BIS Tools EULA and all of the sample models Licenses that affect much of the content, and blows a hole clean through them.

have a good monday sirs

Edited December 1, 2014 by eggbeast

[Dr_Defimus 10]

good work as always eegbleast.

Is there anything at all left that they don't violate?

[StevenW129 10]

Eggbeast still working hard. Very good work again my good friend.

I wonder if BIS will take a look into that as it actually involves their content this time.

[bigpickle 0]

OT: I see some infractions rollin' :coop:

There will be no infractions cos bis dont give a poop about this thread or its contents.

Personally I think they are probably greatful for any advertisement of A3 as the game is bombing in its original form.

Edited December 1, 2014 by Bigpickle

[nodunit 397]

“This release (or modpack) is meant to be for the Arma3-life.com community and any use of any addons/files labeled A3L (A3L_) AND LakesideValley.pbo is strictly forbidden to be used in any other game server (no matter what game) unless this server is hosted by arma3-life.com itself (THIS INCLUDES THE MAP). All other addon mods are on public domain and can be utilized at your desposial.â€

That is cute. "You can't take our stuff because you have to register" I guess people are supposed to respect that? Pft.

Now if it is true that they are pirating stuff from DayZ then that is some really hot stuff because that is seriously stepping on BI's toes directly, breaking the companies licenses and EULA for DayZ.

I would usually play devils advocate and state that more solid proof such as a picture comparison is better but when so many code entries match up exactly the same it begins to look veeery suspicious..still some images or video wouldn't hurt.

Shame they removed the modbb place number from the website...I was enjoying watching it drop.

Edited December 1, 2014 by NodUnit

[eggbeast 3673]

i have the mod and i had previously explored DayZ code so recognised stuff pretty quickly.

this is their config - their A3L_axe with the original dayZ firing mode left in it...

class a3l_axe

class DZ_SingleMelee

[ShastaRoF 10]

I've seen the crown vic in Dayz Overpoch, and Arma 2 Island Life (Texas Highway Patrol?), complete with the lights, mouse wheel controls...all of it. The disclaimer A3L has on their files is pretty funny, it's like " Hey you aren't allowed to take this shit that we obviously took from everyone else.

Two things though; One, other than the Tonic framework, and charging for beta I don't really think anything they have done is all that bad. Yeah they are using some ported, and recycled cars in an Arma mod, it's always happened, and players like the models so at the end of the day I say just play with the cars, play Arma, have fun. The only other thing I find disturbing is their disclaimer. I don't think there is a single bit of A3L that is original! Maybe a skin, or a paint job? The rest of the stuff is direct ports, or shit from Arma 3 mods, and Arma 3 mods. I don't know where they get off writing that disclaimer? I fully expect to see A3L skins, cars, and maps on a lot of servers, and what the fuck can they really say about it? Nothing.

[nodunit 397]

I've seen the crown vic in Dayz Overpoch, and Arma 2 Island Life (Texas Highway Patrol?), complete with the lights, mouse wheel controls...all of it. The disclaimer A3L has on their files is pretty funny, it's like " Hey you aren't allowed to take this shit that we obviously took from everyone else.

Two things though; One, other than the Tonic framework, and charging for beta I don't really think anything they have done is all that bad. Yeah they are using some ported, and recycled cars in an Arma mod, it's always happened, and players like the models so at the end of the day I say just play with the cars, play Arma, have fun. The only other thing I find disturbing is their disclaimer. I don't think there is a single bit of A3L that is original! Maybe a skin, or a paint job? The rest of the stuff is direct ports, or shit from Arma 3 mods, and Arma 3 mods. I don't know where they get off writing that disclaimer? I fully expect to see A3L skins, cars, and maps on a lot of servers, and what the fuck can they really say about it? Nothing.

It's a bit more then that, they have taken content from other games (that excuse of "oh we just found it on a free website" doesn't fly), are still using some content that, supported illegal practice of hiring people to import pirated content for a fee, given away personal information including their home phone number, address, vehicle ID and so on (caiden, who also made that very mature name "cock salad"), and on top of that they have the nerve to call us childish when thus far the only person on that team that has behaved in an adult manner was Mbaxter (why was he banned anyway?).

Now if they are in fact stealing anything from dayZ then that is a big no no, several times the Kju and others behind the great All in Arma mod asked if they could import Chernarus plus from DayZ, told no. Granted there is a difference between a map and some axe and animations, it is still under the rule of thumb that you DO NOT IMPORT IT and if they have broken that rule then they have violated the EULA on DayZ as well, a far more serious offense than taking our stuff.

It is a shame that several people in their community look at this and think "butthurt", rather than see the big picture...but I guess I shouldn't be surprised, they think this thread only exists because we are jealous of their popularity and success, I doubt they even care about what is happening as long as they get their fix.

Edited December 1, 2014 by NodUnit

[cotywinston 10]

How about them infecting everybody with a Trojan? Brand new computer ran like crap after I installed it. So I scanned it...

A3l launcher - Trojan.Generic.12221778

[nuxil 2]

Thats some seriouse shit.

What anti-virus did you use to scan with and can other people confirme this?

If it is the case that they have implemented a trojan into their launcher by purpose they are in deep shit since its basiclly cybercrime.

Infecting other computers to gain unauthorized access/collect personal info etc is a seriouse crime!

So if this is true. someone should just report them to the police so they get their computers impounded :)

But this should be verified by others first that there actually is a trojan in the launcher.

It could be as simple as your computer already where infected and the trojan added itself to the lanucher.

I fear that they keep an eye on this thread and will try and remove any evidence of this if its true

So keep a copy of the version of the launcher you got. and verify with others who has the same version.

EDIT:

take a look at this.

https://www.virustotal.com/nb/file/6a8293061d93a93ecb1f5f4adf5718b2f2e58a9e057b6ac412c13b5178080a3e/analysis/

http://www.herdprotect.com/a3lifelauncher.exe-7d6ecda4dad19d156737944b0583d2e52cb4eb26.aspx

Edited December 2, 2014 by nuxil

[abuser 10]

Thats some seriouse shit.

What anti-virus did you use to scan with and can other people confirme this?

If it is the case that they have implemented a trojan into their launcher by purpose they are in deep shit since its basiclly cybercrime.

Infecting other computers to gain unauthorized access/collect personal info etc is a seriouse crime!

So if this is true. someone should just report them to the police so they get their computers impounded :)

But this should be verified by others first that there actually is a trojan in the launcher.

It could be as simple as your computer already where infected and the trojan added itself to the lanucher.

I fear that they keep an eye on this thread and will try and remove any evidence of this if its true

So keep a copy of the version of the launcher you got. and verify with others who has the same version.

EDIT:

take a look at this.

https://www.virustotal.com/nb/file/6a8293061d93a93ecb1f5f4adf5718b2f2e58a9e057b6ac412c13b5178080a3e/analysis/

http://www.herdprotect.com/a3lifelauncher.exe-7d6ecda4dad19d156737944b0583d2e52cb4eb26.aspx

Looks like it might be false positives caused by the packer they're using.. Can you upload the launcher and send me the link to the DL in a PM? Is there a official link from A3L of the launcher so I can DL the latest version?

[nuxil 2]

Looks like it might be false positives caused by the packer they're using.. Can you upload the launcher and send me the link to the DL in a PM? Is there a official link from A3L of the launcher so I can DL the latest version?

Yes it could be the packer giving false positives.

cant help you with a DL link. try asking cotywinston for one.

Im not touching any stuff that comes from A3l guys. never have, never will.

i myself always use the upx packer. and it never gave me a false positive.

maybe im lucky, who knows.