[Copyright / Piracy] kujurailsimulator.nl

General discussion about Rail Simulator that doesn't really fit in to any specific category. A good place to start if you're not sure what category it should fit in to as well.

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Potoroo
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Re: [Copyright / Piracy] kujurailsimulator.nl

Post by Potoroo »

UpsideDownBox wrote:
Potoroo wrote:As has already been explained, since you created the new skin through your own skill and labour your automatically own its copyright. If all you did was to tweak some minor part of a skin any claim you might make to owning the copyright might be dubious, but if the skin is unambiguously new then the copyright is yours.
That isn't true. The re-skin usually ownly covers the parts which need re-skinning - the wheels, undersides, etc. don't change, so they're still the original skin - that makes it only partially created by me, at most and the model itself is Kuju/RSDL made.
If your reworking is substantial enough you could claim copyright over the new skin, but you are dragging in grey areas that obscure the point.
The law says otherwise. You are confusing freeware with public domain. Unfortunately, it is a common error, but ill-informed opinions like this only hurt those who want to protect their work.
You are confusing what I said. I did not claim anything relating to freeware effects copyright. What I said was "it'll appear in scenarios and used in ways you didn't wish them to be used". Which is true. It happened with reskins I created for MSTS and it'll happen with RS - I have no problem with it, because it'd be silly to ask all the time "can I use your re-skin in a screenshot to promote my route?" or "can I use your reskin in this scenario?" - if I didn't want people to use it for anything, I would have kept it to myself, cackling about the exclusive reskins I had.
You said "anything I reskin, which is uploaded, automatically loses any restraints I wish to have on it." That implies that the mere fact of uploading something you have created places it into the public domain ("loses any restraints"), which is nonsense. Equally nonsensical is your notion that freeware creations must never be distributed if their author wishes to retain control over it. Of course modders will release their mods into the community! That in no way implies they are ceding any control over things like how they are distributed and the law supports them.

Furthermore, far from being silly to expect people to ask your permission to use your work in something they've created it is in fact required and commonplace. Some modding communities respect this requirement more than others. The CFS3 modding community, for example, goes to great lengths to contact copyright owners before using something in another mod, and many is the time I've seen posts to the effect that "sorry, we can't use So-and-so's completely brilliant and wildly popular mod in ours because we can't contact him." The SH3/4 modding community is similar. I would expect the RailSim modding community to adopt the same attitude, out of respect for modders if nothing else, but at the end of the day it is the law.

Using your mod in a scenario, assuming no undue restrictions, is generally fine since in the context of a user-modifiable game they have no meaning otherwise. You could in principle release a mod with the restriction that "it is never to be used in a scenario", but the general case is people release mods to be used and in the context of a game like RailSim that means used within scenarios.

A scenario creator can then reference your mod, which the user would have to download separately according to your terms, without problem. However, if someone built your mod into their scenario as a complete package without your permission that would be a clear violation. I reiterate this has nothing to do with whether a mod is freeware or payware.
The public domain debate really comes into play when talking about user-created models, for which, if I were a modeller, would consider charging people for (if I believed they were of a high enough standard), partly due to effort put in, but also to keep hold of the copyright.
The public domain debate is relevant to everything that is copyrightable, including things like skins. It has nothing to do with the quality of your creations or whether you charge for them. Creators of payware have no greater claim to copyright of their works than do those of freeware.
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Re: [Copyright / Piracy] kujurailsimulator.nl

Post by shortbart »

This discussion is drifting away into a dark region :D . Well, the Hosters have to respect the rights of the Creators. END. There is nothing to discuss. Of course many of us wish to share the content on a wide field, not only of UKTS, becaus many people, especially from foreign countrys, want to download the stuff from a regional website. That can be because they can´t speak english, or they don´t like the download restrictions (Hope i expressed that rigt ;-) ). So to ask the Creators costs nothing. But if he don´t want to see his stuff hosted on a other website, the community has to accept that. Of course I would prefer to see the great stuff not only at UKTS, and I ask Creaters for their permissions, and if they refuse they will have their reasons for that. Also it can be that other Creators don´t want to see their stuff on UKTS. Then this community have to accept hat. That are the rules.

But it´s worthless to argue here, because the main reason why we are here is: Fun!

So have Fun, greedings

shortbart
(I hope my post wasn´t unfriendly, as already mentioned here english is not my mother tongue)
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Re: [Copyright / Piracy] kujurailsimulator.nl

Post by petermakosch »

Potoroo wrote:The law says otherwise.
Sorry but this is a non-answer these days. The internet is so big, someone could be hosting loads of files and we would never know. I am suprised about all the action and flack Matt had from one particular member, but in my opinion, that guy has a lot of time to waste.

If the law really was in control then sites like the pirate site wouldn't exist :P
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Re: [Copyright / Piracy] kujurailsimulator.nl

Post by ashgray »

petermakosch wrote: I am suprised about all the action and flack Matt had from one particular member, but in my opinion, that guy has a lot of time to waste.
You have no idea.... :D but it all goes to show that people need to get to grips with the whole ethos of copyright law. It cannot simply be ignored because of indifference or some vague feeling that it doesn't apply to everyone.

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Re: [Copyright / Piracy] kujurailsimulator.nl

Post by partyspiritz »

I am sat hear thinking is this all worth while. Rail Simulator is it worth it. When you think of the 1000s of items that have been done for MSTS. Painted, Pasted,Reskined, Just what do you hope to achieve.

There is so much I like about Rail Simulator but I am beginning think is worth it, MSTS will still hold its own even when its big brother arrives. To be honest Rail Simulator is up against some tuff opposition. Just like artwork it will be coped repainted. So what do you what to do, Kill off the baby or give it a helping hand I think that’s up to you.



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Re: [Copyright / Piracy] kujurailsimulator.nl

Post by bigvern »

There is one huge precedent in the train sim scene for restricted hosting of freeware content. That is the installer files for BVE which the developer Mr. Mackoy has always asked are not hosted on any site other than his own. To the best of my knowledge the "community" has never had any problem with respecting those wishes and the odd occasion it has popped up on a third party site the host was rounded on and forced to take it down.

So why do certain members of the train sim community have no problem respecting the wishes of Mr. Mackoy, yet seem to think anything created for KRS (or MSTS for that matter) is fair game?
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Re: [Copyright / Piracy] kujurailsimulator.nl

Post by andrewscott »

I think, its because we are talking reskins here... that take a matter of hours to make, not say, a model whose wire mesh has to be painstakingly created based on scale drawings, then has to be normalised, mapped and i guess in the case of RS multitextured and only then can you attempt to export it to the correct format with the correct material naming and file conventions... etc... where the hard work starts! The fact is its a silly discussion over reskins, which by definition are not wholy your own creation, or in the case of activities you are just bringing together a collection of other peoples work. If we were talking models or routes, this discussion would make a lot more sense and hence why (i have no knowledge of BVE by the way) a simulator recieved different respect and different treatment in the case of BVE.

The point for me is, yes people should ask but the whole thing could and should be far less restrictive and protective in my humble opinion. as much as Railsimulator.nl are at fault here they should not take all the blame and even though they created the fire, others are just fanning the flames by there negative attitude to the wider community over items which, in essence arent really their own property anyway (base model and original texture reworking)

There is a balance to be struck no doubt, and imho that involves compromise and understanding from both sides. However, it is nice to see this discussion taking place, better it does take place than it does not and authors work is treated as free for all without anyone batting an eye lid... as a member of the race sim community for nie on 10 years now it saddens me to see the state of "plagorism" in games such as GTR2 or Rfactor, the difference to MSTS/RS is that the plagorism in these simulations is models and wireframes (mine in some cases), even commercial content from other products and it goes un noticed and sadly people just "want" and take" in the manor people mention above (money for nothing..), as i said i have been a victim and the support metered out here wouldnt have gone a miss... sadly in these sims model stealing and plagorism goes totally unnoticed. The point is that its good that this community takes the issue more seriously, however, imho, in this case a balance needs to be struck! In theory, if people shared there work more widly it would solve a lot of the problems of people just taking without asking.
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Re: [Copyright / Piracy] kujurailsimulator.nl

Post by sniper297 »

Apples and oranges. My opinion is that freeware SHOULD be unrestricted always, here's the definition of freeware:

FREEWARE
--------
FREEWARE also is covered by copyright and subject to the
conditions defined by the holder of the copyright. The conditions
for FREEWARE are in direct opposition to normal copyright
restrictions. In general, FREEWARE software licenses stipulate
that (1) the software is covered by copyright, (2) copies of the
software can be made for both archival and distribution purposes
but that distribution cannot be for profit, (3) modifications to
the software is allowed and encouraged, (4) decompiling (i.e.
reverse engineering) of the program code is allowed without the
explicit permission of the copyright holder, and (6) development
of new works built upon the package (derivative works) is allowed
and encouraged with the condition that derivative works must also
be designated as FREEWARE. That means that you cannot take
FREEWARE, modify or extend it, and then sell it as COMMERCIAL or
SHAREWARE software.

And personally I think EULAs for freeware make it "conditionware" and not freeware. Problem here has nothing to do with what you CAN copyright or license, problem is what you DID copyright or license. The new Railsim steam engine is a good example, first thing in the readme file for that, the author retains all rights to distribution and you are not allowed to redistribute without permission. Jivebunny, you started this thread because he hosted your reskins without asking permission, where did you SAY that permission was required? See my previous post, the one reskin of yours I downloaded has no readme or EULA anywhere in it! Suppose I paint a small dot on that and reupload as my own work without even mentioning your name? See you in court, good luck convincing a jury that a reasonable person would ASSUME restrictions where NONE ARE SPELLED OUT!

In other words, boys and girls, PUT IT IN WRITING, if you want to have restrictions on your conditionware, you don't have a legal leg to stand on unless you specify IN WRITING what those conditions are.

For the Dutchman, forgot your name, anything in this file library or any other with the name "Jim Ward" on it is mine, and it's FREEWARE, not conditionware, meaning totally unrestricted so you can upload it wherever you want and translate all the text into Swahili.
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Re: [Copyright / Piracy] kujurailsimulator.nl

Post by jivebunny »

As has been said before, it is the law and there is no need to put it in writing, in the same way that there is no need to leave a "do not steal" sign on your car or a "do not break" sign on shop windows. I will however be adding a EULA to all my current and future uploads to ensure that the minority of users who are completely ignorant of copyright law are made aware that they need to get permission to distribute my content.

Whilst it may seem petty to some to make such a fuss over "mere" reskins, my main concern is that we'll see the same attitude towards custom models, which myself and many others are in the process of building. It is disappointing to see that a number of users here (albeit a minority) either actively or passively support what is essentially the theft of files from UKTS. I am in no doubt that these same people will be the ones complaining when those building models for RS and the MSTS-X get fed up of having to fight to control their work and decide to go payware.

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Re: [Copyright / Piracy] kujurailsimulator.nl

Post by Retro »

jivebunny wrote: I am in no doubt that these same people will be the ones complaining when those building models for RS and the MSTS-X get fed up of having to fight to control their work and decide to go payware.
JB

This has already happened in some areas of the simulation world and certainly in the world of computer software although I personally don't mind paying for quality work it would be a pity so see this become completely endemic in the freeware world we currently enjoy and benefit from.
In the outside world you rarely get something for nothing.
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Re: [Copyright / Piracy] kujurailsimulator.nl

Post by petermakosch »

Actually, the official definition of freeware is:
dictionary.com wrote:computer software distributed without charge.
http://dictionary.reference.com/browse/Freeware

blahWARE is too easily used these days. I am suprised this stuff isn't called "free-but-with-restriction-ware". The whole "donationware" thing doesn't exist either. Check it out. Although Wikipedia has a little page on it. Hmm.
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Post by AndiS »

IMHO, things are pretty clear, but many people hate to see the truth.
  • There is public domain, and there is copyrighted material free of charge. They are not the same.
  • Receivers want as much as possible, but most modellers are not willing to give away any control over their creations. Call it conditionware or copyrighted models with defined, (nearly) for-free distribution channels, it is a mode of sharing which is appreciated by many at UKTS and those who prefer other modes should not rubbish this mode, but simply turn to the alternatives.
  • It is not necessary to quote the law in the readme, but it is not a bad idea either.
  • The ownership of reskins can get complex, but it clearly a reskin has the tendency to have many owners, not none. Thus, asking no one instead of all of the creators does not seem logical to me.
  • Of course, it is valid to fight for a bigger portion of public domain items in the community. But only if you do so by contributing yourself, like Jim does, it is a constructive step. Merely telling others that they should forfeit their rights only creates bad atmosphere.
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Re: [Copyright / Piracy] kujurailsimulator.nl

Post by Potoroo »

sniper297 wrote:And personally I think EULAs for freeware make it "conditionware" and not freeware.
You are wrong. Freeware only means the owner doesn't charge you money for it. It is the opposite of payware, for which you do pay money. Freeware has never meant free from all restrictions. Only items in the public domain are free from all intellectual property restrictions.
See you in court, good luck convincing a jury that a reasonable person would ASSUME restrictions where NONE ARE SPELLED OUT! ... if you want to have restrictions on your conditionware, you don't have a legal leg to stand on unless you specify IN WRITING what those conditions are.
Since, as has already been pointed out several times, copyright law automatically restricts what anyone other than the owner can do with the item without permission, you'd win hands down. The jury wouldn't even have to retire. Furthermore, it has also been pointed out that the law even says you do not have to do anything special to enforce your copyright, since it exists automatically. A EULA spelling out any particular conditions of distribution or whatever is a good idea since it reduces the chances of confusion but it is not legally necessary.

The only time you lose your intellectual property rights is if you don't enforce them. You explicitly do not have to do anything to enjoy the copyright ownership of something you've created but you do have to take action if you find someone violating your rights if you want to keep it, which neatly puts to bed petermakosch's ridiculous assertion that because the Internet is so big the law doesn't matter.
For the Dutchman, forgot your name, anything in this file library or any other with the name "Jim Ward" on it is mine, and it's FREEWARE, not conditionware, meaning totally unrestricted so you can upload it wherever you want and translate all the text into Swahili.
It's your right to do that but you and everybody else needs to be aware that there is no such thing as conditionware, since every item not in the public domain automatically is subject to the "conditions" of intellectual property law. All you have done is spelled out your licencing terms for your freeware.
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Re:

Post by Potoroo »

AndiS wrote:[*]The ownership of reskins can get complex, but it clearly a reskin has the tendency to have many owners, not none. Thus, asking no one instead of all of the creators does not seem logical to me.
This seems to me to be the one genuinely grey area in this debate. I'm more used to the aircraft modding environment where a reskin is a complete entity (it covers the whole plane). Generally they're of two types, a complete new skin (say, with a different camouflage scheme for a different theatre) and more simple mods involving things like squadron markings. The first type is unambiguously copyrightable, the second is not. In matters of partial reskins, I suspect we need professional guidance on the question of to what extent a skin would need to be modified before it could be considered a new work (and therefore copyrightable).
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Re:

Post by andrewscott »

AndiS wrote:IMHO, things are pretty clear, but many people hate to see the truth.
  • Of course, it is valid to fight for a bigger portion of public domain items in the community. But only if you do so by contributing yourself, like Jim does, it is a constructive step. Merely telling others that they should forfeit their rights only creates bad atmosphere.
I am sorry, but thats utter rubbish. What is it with this community that seems to always come back to this point time and time again, i see it so often in debates here..."if you dont create something you dont have the right to an opinion" or "because i create something my opinion is superior to yours". we are all entitled to an opinion and to voice it whether we create anything or not. just because someone creates something for this sim doesnt mean there opinion is anymore true (or valid) than someone elses who may have never created anything before or may have created content for other games/simulations, everyone can have a view, especially regarding distribution channels because its something say even a total novice can understand without knowledge of the sim. How acurate those opinions are can be up for debate, but the opinions themselfs are just as valid.

If it creates a bad atmosphere then that is not necesserly the counter aguments fault.... could be both... bit unfair to lump the blame on the people championing a change in a reasoned manor don't you think? I think its more the fact that many people don't agree with you stance which is upsetting you, or creating a bad atmosphere whichever way you want to put it.
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