Well now here is a question I have for the powers that be of this world.

[Sammael]

Does not apply to this game as you are not uploading your own created content to this game but using what is provided to make it.  That's like saying when people used to build outside the old user rooms we had using the furniture (i.e. glass tables, cubes and such).  I would recommend you look at the other sites as they have a Third Party clause in their Terms and Conditions/Rules where this game does not.  We do not have a claim if we filed a DMCA and would be the talk of office gossip for thinking we do.   The only thing we have a claim against is the lack of morals and respect to each others as builders.

in addition, sl has in game tools to create stuff using prims,guess what the copyright still belongs to you, not because of a clause in the tos but because of the berne convention

[Mar Mohan]

Sorry that is total bollocks here, microsoft word is a tool, what I use it to create is copyright to me. The fact I used word is irrelevant it is a unique creation. The use of a room creation tool is the same, the room you created is copyrighted to the creator. Just checked 3dxchat tos, there is no mention of anything you upload being an assignation of copyright so anyone who has created a room is perfectly entitled to issue a dmca take down notice if people copy it and I fully encourage them to do it and if 3dx wish to do business in the states they are compelled to comply

Explain to me where you can upload what you create outside of the tools provided.  Can you use a half circle for your design then use it in the game? No, you can't. We cannot upload anything into this game.  That is the difference.  Read the Terms and Conditions as well as the Rules of the game, it clearly states they own everything in the game we are a user of it and that's it.  We can't take what we've made and use it elsewhere like you can in SecondLife, AChat, IMVU and so one.  I encourage you to contact the DMCA office not the website that charges you a fee because filing is free and you'll see we have no right to file one.

 

Added:

I'll contact them as well with all the information we're given and will post the reply to the Devs and let them see exactly what has been said.

 

This is the official site as filing a DMCA is free:

https://www.copyright.gov/dmca-directory/

 

This one is a company and it's their business to make money:

http://www.dmca.com/?ad=dlaw&gclid=CjwKCAjw9-HZBRAwEiwAGw0QcacsPcWBksYicbWr75zPB9lvMaD-qbEJw6ad-ghRctvrQZQTBm5XHhoC9wAQAvD_BwE

Edited July 1, 2018 by Mar Mohan

[TamsinUK]

The OP is about discussing the Terms of Service and if they are applied consistently. Room stealing is stealing someone's creation. The Terms of Service allow this to happen. It is correct to discuss if the rules work in this case. I think people who make things would like rules to protect their work.

 

I do not think it is against Terms of Service to discuss the rules themselves or if they are applied consistently. I think the rules prohibit discussion about moderators' decisions in any specific case. That rule is there to protect the moderators from any legal challenge to any decision. It is not there to prevent free speech about any topic. Forbidden topics are elsewhere in the Terms of Service.

 

It is good business sense to consider the opinions of customers.

[Sammael]

well actually you are wrong, a few years ago SL gave over ownership to creators which enabled creators more control. One just needs to google for the info. as far as your tos statement, I would suggest reading the eula on the main site.   http://3dxchat.com/terms-and-conditions.html

that is not about creation that is the difference between all virtual goods belong to say wow and in sl if you buy something it belongs to you. It has nothing to do with copyright. Creators in sl have always had copyright in their creations

[Sammael]

well actually you are wrong, a few years ago SL gave over ownership to creators which enabled creators more control. One just needs to google for the info. as far as your tos statement, I would suggest reading the eula on the main site.   http://3dxchat.com/terms-and-conditions.html

As to the eula about copyright its not worth the paper its written on as it contradicts the laws of several nations including germany whereby a creator of an original work such as a room cannot assign copyright elsewhere but merely license its use

[Brett Smith]

The use of a room creation tool is the same, the room you created is copyrighted to the creator. Just checked 3dxchat tos, there is no mention of anything you upload being an assignation of copyright so anyone who has created a room is perfectly entitled to issue a dmca take down notice if people copy it and I fully encourage them to do it and if 3dx wish to do business in the states they are compelled to comply

 

I disagree. Copyright is never an automatically handed over thing. If it is not stated otherwise you can file for copyright and it has to go through a process which takes about 6 months. And it is still not 100% that they will approve it and hand you the right. 

 

You don't just get copyright by creating something. You have to follow a process the law requires.

[Sammael]

I disagree. Copyright is never an automatically handed over thing. If it is not stated otherwise you can file for copyright and it has to go through a process which takes about 6 months. And it is still not 100% that they will approve it and hand you the right. 

 

You don't just get copyright by creating something. You have to follow a process the law requires.

 

 

In the us I believe it is true that you have to register. In Europe copyright is however automatic on creation

[Sammael]

well actually it is since it says this at the top....

Any contract that tries to override national laws will automatically be struck down and an unfair contract so try again. Time and again companies have argued that and time and again they have lost in courts. A eula or tos may not contravene your legal rights

[Brett Smith]

In the us I believe it is true that you have to register. In Europe copyright is however automatic on creation

 

Yes that is true. I only have done the entire process in the US - it was a pain in the butt - but yes in the EU it is automatic. Now how will you distinguish the two? 3DXChat resides in US, player in EU. How can you sort that out? That's not gonna happen. Gizmo would first close the game than get through that hassle.

[Xandisweet]

If y’all consider he JUST added the World Editor. All us in Minecraft world were sooo happy to be able to actually create things without having to use hacks and tricks to make it huge. The amount of gratitude falls flat when it comes to someone taking something that isn’t yours to begin with. YES you created something, yes you are proud of such things, imagine a world where people share their designs and let everyone enjoy the beauty of your creations. I know that some people are dishonest in saying these things are initially their creations and well that sucks and it happens with art in rl as well. Best you can do is give Gizmo some time to let the game settle with the Editor, hell he took a risk putting this in his sex originated game. As I said before “imitation is the ultimate form of flattery” so if someone feels your work is good enough to want to “steal” it... that says something about what you’ve done.

[Brett Smith]

If y’all consider he JUST added the World Editor. All us in Minecraft world were sooo happy to be able to actually create things without having to use hacks and tricks to make it huge. The amount of gratitude falls flat when it comes to someone taking something that isn’t yours to begin with. YES you created something, yes you are proud of such things, imagine a world where people share their designs and let everyone enjoy the beauty of your creations. I know that some people are dishonest in saying these things are initially their creations and well that sucks and it happens with art in rl as well. Best you can do is give Gizmo some time to let the game settle with the Editor, hell he took a risk putting this in his sex originated game. As I said before “imitation is the ultimate form of flattery” so if someone feels your work is good enough to want to “steal” it... that says something about what you’ve done.

 

Beautifully worded. You've got my mark

[JessicaX]

well actually you are wrong, a few years ago SL gave over ownership to creators which enabled creators more control. One just needs to google for the info. as far as your tos statement, I would suggest reading the eula on the main site.   http://3dxchat.com/terms-and-conditions.html

 

Linden distinguished the then-struggling Second Life from other multiplayer role-playing games by trumpeting the idea of ownership. Members paid monthly fees for their holdings that the company likened to property taxes. "Linden made a calculated business decision to depart from the industry standard of denying that participants had any rights to virtual items, land and/or goods,"

 

This was not about he legality of user created content. This had to do with people paying real money for virtual items in SL and whether or not those people had actual ownership of those items after paying money for them.  Linden Labs did not "give ownership" to people. The users of SL filed a class action lawsuit against them. Also, this was not just a few years ago, this was nearly 10 years ago.  

[TamsinUK]

Free speech is assumed. Any retrictions on free speech is defined in the Terms of Service. Interpretation of the Terms of Service is the right of the forum and game owners. Should the Terms of Service be found lacking in any way it is correct that the developers should be informed through the forum or directly with a PM.

 

I do not know SecondLife but the owners of that saw a problem and took steps to correct it, as I read the posts earlier. I think that the people who build want similar protection for their work. It is correct that they should ask for it. It is in the game owners interests to consider their customers wishes.

[Xandisweet]

The problem being people want the action NOW. Given the right amount of time I’m sure it will be handled in a manner that is seen fit.

[Niblette]

I personally don't think the EULA address the copyright of rooms, and Gizmo has never said that rooms don't belong to their creators. All he has said is that if you upload a room to the 3DX server it become public domain in the same way that uploading them to this forum would make them public domain. I personally think Gizmo needs to specify what rights room creators have if any in more detail and provide a licence that covers content made with the world editor. Also, before anyone says that you need the world editor to make a room you really don't. You can make a room totally by hand its not that tricky, or by using an outside tool. For example I had a half made Blender plugin that I made before the room editor came out so its quite possible to make something like that that might be even faster then the world editor to make rooms, and they would be made totally outside 3DX without using any of the in game features at all.

[Sammael]

A room in 3dx from what i can see is a unity asset

 

unity assets are copyrightable as can be seen from all the various unity assets stores

 

various countries such as germany dont allow you to assign your copyright to others

 

national laws always supercede what is in a contract or tos as ICann are finding out

 

3DX does not have a leg to stand on if someone decides to pursue it from one of those countries

[Niblette]

A room in 3dx from what i can see is a unity asset

 

unity assets are copyrightable as can be seen from all the various unity assets stores

 

various countries such as germany dont allow you to assign your copyright to others

 

national laws always supercede what is in a contract or tos as ICann are finding out

 

3DX does not have a leg to stand on if someone decides to pursue it from one of those countries

 

What a .world file really is a JSON file. You can open it with any JSON viewer and it will format the text since it is also a text file you can open with a text viewer like notepad and what not.

 

https://www.w3schools.com/js/js_json_intro.asp

 

What that means is 3DX did not make the file format not really all they did was add a few tags. I don't think that you can really say they have any rights to ownership of how the data in a .world file is formatted for a number of reasons including laws about compatibility. Just as example the .world format does not store objects, it only places and changes objects that are already in the game. It doesn't create new ones, which should be apparent. If you look at the .world file below of a box you can see the 5 properties that we can control, position, rotation, scale, color, and materiel.

 

{"valuetype":"float","objects":[{"n":"group","objects":[{"n":"Box","p":[19.8382626,53.5674858,-20.0199928],"r":[270.0,0.0,0.0],"s":[1.0,1.00000119,1.00000119],"c":[4.313725559,0.043137259,0.043137259],"m":"wallpaper_16"}]}]}

[Sammael]

 

What a .world file really is a JSON file. You can open it with any JSON viewer and it will format the text since it is also a text file you can open with a text viewer like notepad and what not.

 

https://www.w3schools.com/js/js_json_intro.asp

 

What that means is 3DX did not make the file format not really all they did was add a few tags. I don't think that you can really say they have any rights to ownership of how the data in a .world file is formatted for a number of reasons including laws about compatibility. Just as example the .world format does not store objects, it only places and changes objects that are already in the game. It doesn't create new ones, which should be apparent. If you look at the .world file below of a box you can see the 5 properties that we can control, position, rotation, scale, color, and materiel.

 

{"valuetype":"float","objects":[{"n":"group","objects":[{"n":"Box","p":[19.8382626,53.5674858,-20.0199928],"r":[270.0,0.0,0.0],"s":[1.0,1.00000119,1.00000119],"c":[4.313725559,0.043137259,0.043137259],"m":"wallpaper_16"}]}]}

 

I wasn't saying 3dx did I was merely saying that those that create rooms especially using external tools have copyright claims they could assert if others steal the room regardless of what others here think

 

I create a .world file externally I have copyright automatically under law

I hand the file to you to use, I still have copyright

You upload it to 3dx I still have copyright and 3dx cannot claim ownership of that as you do not have the right to assign it to them

Someone steals  the room

I file a takedown they are legally obliged to comply