Addon/Mod Ownership - Q&A.

[Placebo 29]

Quote[/b] ](Q:) If I create an addon using one of the tools provided free of charge by BIS who does the addon belong to?

(A:) Anything you create with our tools belongs to you entirely, you’re free to use it however you wish as long as you use it in a non-commercial way. You’re also free to allow someone else to use it or to refuse them permission to use it.

The only exception is if you wish to create something with our tools for use in a commercial venture, in that case you must contact BIS or BIA, or a company authorised to represent our rights in such matters to acquire a license.

Quote[/b] ]

(Q:) I created an addon with your tools which was released into the community for people to use. I have since learned that a company who license your engine for commercial purposes are using the addon without my permission, is that acceptable? Do BIS allow our addons to be used without permission? Can I do anything about it?

(A:) In short it’s not acceptable.

As far as we are concerned nobody is entitled to use any addon/mod (or part thereof) without the explicit permission of the addon/mod creator. We will never support someone using addons without proper permission.

Purchasing a license to use our engine for commercial purposes in no way gives carte blanche to use addons or any other content created by community members for our games.

If you see something that you have created being used without your permission then you should contact the person/company responsible to request they remove the item immediately

Quote[/b] ](Q:) I recently viewed a promotional video for the military training software “DARWARS Ambush!†The video showed addons that I have created being used without my permission.

(A:) Firstly, it should be noted that the promotional video which was circulated to promote “DARWARS Ambush!†and thus raised the issue at hand was released September 2004; it was recorded prior to that date and represents “DARWARS Ambush!†in an early developmental stage, the video does not reflect the current state of “DARWARS Ambush!â€.

Subsequent to the raised issue of community content being used without permission in “DARWARS Ambush!â€, representatives of Bohemia Interactive recently met with BBN (developers of “DARWARS Ambush!â€) to discuss the issue. BBN informed us that they have removed all community created content that had been used without permission. BBN provided a demonstration of “DARWARS Ambush!†and no unauthorised community content was apparent.

It is important to note, military customers who use “Ambush!†under licence may subsequently download and use Flashpoint community created content without the permission/knowledge of BBN or Bohemia Interactive, unfortunately there is really no way to know if this is happening.

We would strongly suggest that all addon makers concerned about their addons being used in such a manner, and without permission, take the appropriate steps to include a EULA with all content they release into the community, the EULA should clearly states that the item must not be used in any kind of commercial way, that it can be used only as entertainment within Operation Flashpoint and is not to be used by military organisations for training.

For more information on EULA’s and similar please consider the following links:

http://en.wikipedia.org/wiki/EULA

http://www.eulascan.com/

http://en.wikipedia.org/wiki/List_of_software_licenses

http://en.wikipedia.org/wiki/Open-source_license

[Placebo 29]

Quote[/b] ]In early 2005, after the first public announcement of DARWARS Ambush!, a litigation between BI and BBN arose over the use of BI's proprietary engine and tools within DARWARS Ambush!. The litigation has been settled and BBN’s use of BI Game Software and BI Tools in connection with DARWARS Ambush! is pursuant to a license.

[dm 9]

BBN’s use of BI Game Software and BI Tools in connection with DARWARS Ambush! is pursuant to a license.

What about BBN's alleged use of community made content?

[Placebo 29]

BBN’s use of BI Game Software and BI Tools in connection with DARWARS Ambush! is pursuant to a license.

What about BBN's alleged use of community made content?

Quote[/b] ]Purchasing a license to use our engine for commercial purposes in no way gives carte blanche to use addons or any other content created by community members for our games.

If you see something that you have created being used without your permission then you should contact the person/company responsible to request they remove the item immediately.

[dm 9]

Ooops, shouldn't skim-read the main post

I assume that companies are made aware of this fact when they apply for a license, as I would not be surprised for peoples attitudes towards addon makers to be "they're just kids, why should we listen to them." Otherwise we have no "clout" to our requests for cease and desist.

[Jahve 0]

Short, BBN are not without your expressed permission allowed to use your addons in their developments in any way shape or form.

Is this how it can be shortly understood?

It could be interpreted as unlawful use of interlectual property?

[Placebo 29]

The answer to the second question in my first post addresses the situation very clearly.

[Ironsight 1]

Quote[/b] ]If you see something that you have created being used without your permission then you should contact the person/company responsible to request they remove the item immediately

So if you see your addon being used you can contact the company. But how can you make sure your addon isn't used when you can't see it in screenshots for example?

[Jahve 0]

yes! that is also something I was wondering.. I'm convinced they use several other addons that they havent put in screenshots or videos that are available to the public

[andersgrim 0]

Is it not any more strict when we are talking about military and governmental use?

It is a fact that many addonmakers are from countries of which the government will not benefit from the developement of such a training simulator. And as it is used by the military, it may be used to train personnel for situations and conflicts not supported by the addonmaker(s) both politically and ethical.

[sanctuary 19]

Anything you create with our tools belongs to you entirely, you’re free to use it however you wish as long as you use it in a non-commercial way. You’re also free to allow someone else to use it or to refuse them permission to use it.

[...]

As far as we are concerned nobody is entitled to use any addon/mod (or part thereof) without the explicit permission of the addon/mod creator. We will never support someone using addons without proper permission.

That's good to read.

/back to work

[Jahve 0]

http://ofp.gamezone.cz/_hosted/norfor/par for those concerned

[soul_assassin 1750]

(Q) If the model and textures were created using software other than the one provided for free by BI and is later imported through O2, can the original source still be used for commercial purposes? (would love an official statement)

and

(Q) If other software is developed that can help create p3d files, for example nephilim stated that her mercs were made with an unnofficial tool, can then addons made with them be used commercially?

[ramboofp 0]

(Q) If the model and textures were created using software other than the one provided for free by BI and is later imported through O2, can the original source still be used for commercial purposes? (would love an official statement)

a official statement

and i restart working on my 3D model

EDIT: thx placebo to create this topic

[Guest major gandhi]

Thx for answering those important questions placebo

[Jahve 0]

Anyone care to say if they are "Lawyer"

[Hit_Sqd_Ack 0]

*Removed content*

[Heatseeker 0]

Not an atempt to minimise the damage and cover up i hope , not the oficial statement i was expecting to read although its indeed very informative about who ownes what i was expecting to read more about the recent incident though.

Wouldnt surprise me if some agreement is done betwean all involved parties in order to compensate some of the "victims" while others might never know about their IP being used and exploited.

While not being directly involved i think taking and presenting measures that prevent this sort of exploitation should be seriously considered in the future. Especialy considering the licensed company already anounced interest in exploring other possibilities available in the BIS real virtuality 3d engine, of wich they have a license to do so if they wish.

("Lotsa nice tank models out there for our great new tank sim...look a new Iraq mod is out, how convenient $$$").

If the perpetrators would have kept quiet about their product they could have gotten away with their stunt, in any case we dont know if they did yet.

[shinRaiden 0]

Before you spammers get too carried away, you might want to consider that the reason they're using your stuff is because they like your stuff. The first rule of public relations is to not give bad news, but better news.

What you should be doing is a 2-part approach : ie make you stuff so they like it even more, while reminding them that you would be happy to do commercial work for the appropiate considerations. If you flame them, remember that they can flame you back, and harder, and you'll lose any hope of doing business with them.

[Heatseeker 0]

Before you spammers get too carried away, you might want to consider that the reason they're using your stuff is because they like your stuff. The first rule of public relations is to not give bad news, but better news.

What you should be doing is a 2-part approach : ie make you stuff so they like it even more, while reminding them that you would be happy to do commercial work for the appropiate considerations. If you flame them, remember that they can flame you back, and harder, and you'll lose any hope of doing business with them.

I thought they were using it because of several diferent reasons:

a) Reduced production costs. Why hire if they can take it for free and modify to fit their needs?

b) Time constraints, deadlines, etc, maybe they were given a short development time and didnt have nor were interested in hiring artists or purchase artwork to create the content from scratch.

c) Wrap a and b and conclude they might be a cheap company or that despite their wide range of products they might be in financial trouble.

Then you are bypassing the legality of the whole situation and assuming this company would hire all the people or purchase all the artwork that they have used,  seems doubtfull from my chair ?

Side note:

Something unrelated but theres the interesting part that conects a certain number of simulation and other product companies for military/defense wathever, a license, a bit of comun sense and logic and the result/answer promisses to be somewhat interesting if ever unveiled, but i wont go into that here .

[soul_assassin 1750]

stop it guys please. BNN discussion get u nowhere here and i want this thread kept open.

[Placebo 29]

Posts linking to a forum elsewhere deleted as it's not pertinent to the discussion, rest is fine.

[llauma 0]

Okay, this is how I understood the licence and how it might actually turn out.

1. We are not allowed to sell addons, not even to companies which are allowed to use the tools commercially.

2. We are not allowed to use our addons commercially in any way so we can't give them away for free if they are going to be used commercially, even though the company has a licence to use the tools commercially.

If the second statement is false then we can still make money if an addon maker decides to give away the models for free and in the same time the company decides to pay you for the textures which aren't created with the aid of BIS tools.

The most likely scenario though is that the addon maker is honored that a company wants to use his addons so he gives them away for free. So instead of the company actually hiring the addon maker which appearantly is good enough for the company as they use his addons, he get exploited.

So I hope that an addon created under the licence agreement that comes with O2 light can't be used commercially in any way. As long as the addon maker haven't got access to a licenced version of O2 he can't create any commercial content. Incase he would get hired by a company with a licence he would get access to it, hence he would be able to allow the content created by him to be used commercially.

[finarvas 1]

(Q) If the model and textures were created using software other than the one provided for free by BI and is later imported through O2, can the original source still be used for commercial purposes? (would love an official statement)

Of course the original can still be used! But if the derivative developed in O2 is very similar I guess it would be hard in a legal situation to prove...

[Sigma-6 29]

That would be a pretty odd claim to make. If I made a model, and imported it into O2 and used it as an OFP addon, I'd lose my right to sell it. That's not defensible. The license agreement could not be read that way.