Member Discussions

In a post earlier on this board part of the EULA for an online game of some sort was posted, the exact quote was:

"...User represents that if User uploads any files, he or she shall have the prior legal authorization to do so. By submitting such content to any "public area" of the Services, User grants Simutronics and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content".

My question is, Is it a violation of copyright to use a derivitive of this section of the EULA regarding non-exclusive licensing for a different game?

Ooo.

This EULA could be legally questionable.....

We definitely need a resident lawyer on the TMC boards.

-D

This EULA could be legally questionable.....


I see it as being reasonable. Look at what the EULA says:


1. If you upload something, you had better have the legal right to do it.

2. Once you've uploaded it, we can use it and you can't come along later and force us to remove it.

It doesn't stop you from doing anything with it yourself, but you can't ask the game to remove it later on.

''This EULA could be legally questionable.....''[Dulan]

''I see it as being reasonable. Look at what the EULA says:

1. If you upload something, you had better have the legal right to do it.

2. Once you've uploaded it, we can use it and you can't come along later and force us to remove it.

It doesn't stop you from doing anything with it yourself, but you can't ask the game to remove it later on.'' [lonath]

That's what I thought - it's basically the 'implied licence' that would (probably) be in place in the absence of any additional agreement.

However, the 'catch-all' last section looks a bit excessive :
''... and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content''

Whilst I can see many circumstances where this would be a reasonable condition (eg relaunch SuperMud as SuperMud II, without having to get new permission), I can also see circumstances where it is less reasonable (taking the room description you wrote and using it in a 'How not to write a Mud' book).

I'd be interested to see the whole of the EULA - it's common to have an additional clause that attempts to preserve the rest of the EULA if any one part is struck out.

> This EULA could be legally questionable.....

(Disclaimer, as usual: IANAL)

One such scenario is if the copyright holder has given a user permission to distribute and display the work. Thus, the user has the right to upload the work to the game server.

However, the user does not have sufficient rights to be able to grant the rest of the rights asked for in the EULA, hence that portion of the EULA becomes invalid.

Kas.

I think I must have posed my question incorrectly, because I seem to be getting answers about the legality of the EULA. This EULA came from I presume a currently working professional game of some sort, possibly written up by a lawyer. My question isn't "Is this EULA legal"

My question is, is it -illegal- to use portions of a EULA to create another EULA for a different game?

However, the 'catch-all' last section looks a bit excessive :
''... and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content''


Yes, in the UK and probably other countries for instance, artists and authors can sue if their works are used in a context which they never intended and are damaging to them.

For example, should Simultronics decide to create a pornographic XXX-rated game and feature your work, you'd probably have a good case to stop them and claim damages.

-nods- Loriel caught what I was eyeing.

See, consider the legal implications of that clause. It's _not a good thing_. I sure as hell am not touching any game by that company with a ten-foot pole now due to that EULA.

-D

"... and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content''

Whilst I can see many circumstances where this would be a reasonable condition (eg relaunch SuperMud as SuperMud II, without having to get new permission), I can also see circumstances where it is less reasonable (taking the room description you wrote and using it in a 'How not to write a Mud' book).

I guess that it still doesn't bother me. I guess I think about this more as an admin who has had to remove areas because builders got pissy one day and decided that they didn't want them in the game anymore. If you give players a loophole, they'll try to get away with everything.

Yes probably as it's almost identical in language and construction to almost 10 thousand other EULAs. The Skotos EULA looks identical to the one you posted, and the principals of Skotos have posted their EULA in Usenet and elsewhere as an example with an 'explicit' permission to use to build your own license.

I've been thinking of doing a parody of the GPL myself. ;-)

>>I think I must have posed my question incorrectly, because I seem to be getting answers about the legality of the EULA. This EULA came from I presume a currently working professional game of some sort,<<

Simutronics

Gemstone III
Hercules and Xena
Modis Operandi
Dragon Realms
and one or two others.

Pay per play which has been around since 88 or earlier. Started on GENie Services ran on Prodigy later as well as AOL before moving to the Web.


Yes I believe you can use the basic EALU.

Brand

Please give me a point towards some good EULAs that you are allowed to use and modify upon need. A rules of conduct thing for MMORPGs would be great too. This is for a commercial game. It would be great to have some good base upon which to work.

I am sorry to go off the subject.. But is this Lonath as in Jonathan? aka LoC Lonath? If it is can you throw me and email to the email above? Got some great news for you. :)

Emlens are great. I am a long time video gamer, never really got into PC's that much though. About 3 years a friend got me into a game called LOC,(Lands of Chaos). At first I was confused and it seemed like I'd never understand this unique game. Well after about a week I was addicted! The commands were so simple to learn, the exp was fast, my character was getting stronger so I was getting more and more excited. PK (player kill) is awsome! I have won many sports championships, pulled people from burning buildings(no bull*CENSORED*), played video game after video game, and I' m telling you there is no more thrilling thing than that moment when u are about to kill someone, or you are running for your life, or your in a room with 12 other people fighting it out, trying to figure who to attack and when to run...ABSOLUTELY nothing like it. You gotta try it understand if have never 'mudded'. Those of you who have played other codes, you gotta try this out. I have tried out others and none are as easy to pick up easy to use, and anywhere near as exhilerating. Give it a try you won't be disappointed!

Sardonic