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The new EULA has robbed me of my ability to play this game.

Discussion in 'General Discussion' started by Cyb3rst0rm, Jun 7, 2016.

  1. Cyb3rst0rm

    Cyb3rst0rm
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    I refuse to accept the new EULA. You have made an attempt to enforce an unfair EULA after i bought the game which is completly illegal. Modifying or adding a EULA after the fact is a clear breach of contract. I will not accept your draconian EULA. You really expect anyone to accept a EULA that says you OWN OUR MODS? I think not. It also says that if i were to make a mod, i can't tell anyone else not to mod it. Thanks, BeamNG, you've officially decided to shaft your community to make more $$$. This new EULA will serve only to prevent people from making excellent content and perhaps even lead to people deleting what they've already made. Its just a matter of time before you start moderating the mod community. Whats next? No Ported Content? No vehicles based off real life vehicles?

    I refuse to accept this new EULA. Anyone with 3 active brain cells to rub together will do the same.

    Thanks to this new EULA. Im out the 25 dollars i have spent on this your game.
     
  2. SixSixSevenSeven

    SixSixSevenSeven
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    you'll find the EULA for just about every single moddable game has that.
     
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  3. Cyb3rst0rm

    Cyb3rst0rm
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    and this makes them adding it in AFTER i purchased the game more legal how?

    I should own my content. This also prevents anyone from making money off there mods or protecting the mods they make. Technically, they also banned mods of stock vehicles or anything that modifys the game executable.

    There policy is draconian.
     
  4. SixSixSevenSeven

    SixSixSevenSeven
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    I've just checked it, it specifically says that we own our content, please if you want to throw a hissy fit, at least throw an accurate hissy fit.

    "10.1 If you create, transfer, share, send, submit, post or upload any User Generated Content you will still own the User Generated Content (assuming you have rights to own it) but you grant BeamNG the right to use your User Generated Content to the extent outlined below without the need of further permission or without any form of compensation. By transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on the internet or elsewhere, you grant BeamNG a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store the User Generated Content, and create derivative works from your User Generated Content, in any form, format or medium of any kind now known or later developed and for the entire duration of the intellectual property rights. If BeamNG sells the User Generated Content, BeamNG will compensate the creators and will conclude a separate license agreement with them. BeamNG is not obliged to use or distribute your User Generated Content."

    Translated from legalese, no, BeamNG does not own our mods, though does have the right to use it.
    --- Post updated ---
    Executable modification was banned in the original EULA (there has always been a EULA btw...). Stock vehicle mods being banned, you'll need to provide citation, I have the EULA here, it mentions no such thing
     
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  5. Cyb3rst0rm

    Cyb3rst0rm
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    Ok so they don't ''own it'' so to speak but i would never grant them a license to use my mods. Espescially not without restrictions. We should be allowed to to do what we want with our mods. This new EULA is a joke.

    ''By transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on the internet or elsewhere, you grant BeamNG a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store the User Generated Content, and create derivative works from your User Generated Content, in any form, format or medium of any kind now known or later developed and for the entire duration of the intellectual property rights''

    If they were to use my content, i would expect a atleast 60 percent royalties, no translations to inferior languages, no modifications, and no derivative works and the right to revoke the license at any point i so deem neccesary. According to this by creating a mod, i grant them all of that when i should have the right to deny them entirely. This new EULA is nothing but an attempt to control anything the community makes.

    EDIT: It has to do with the decompiling bit, technically modding the original assets qualify as such.
     
  6. estama

    estama
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    BeamNG Team

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    6677 is completely right. You own your content, but if you upload it on BeamNG's servers, then BeamNG needs some legal headroom to be able to distribute it around.

    We've tried to loosen up the EULA as much as possible (making the lawyer unhappy). We might not have succeeded to make it satisfactory to everyone, but with legalese stuff there aren't that many things that one can do.

    Can you point us to an EULA covering modding, that is more satisfactory for you?

    The EULA's provisions apply only in the case that you upload your mod on BeamNG's servers. If you don't upload your mod, then it doesn't apply to it.
     
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  7. SixSixSevenSeven

    SixSixSevenSeven
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    Then you clearly know little about modding this game as the original assets are not compiled assets.


    As for them legally requiring access. They actually couldnt operate the content distribution network if you witheld rights.
     
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  8. Cyb3rst0rm

    Cyb3rst0rm
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    Im just saying you should not have that much power. Technically, the part about the license being irrevocable means you could deny requests to have mods taken down in the first place. It also states that you would have near complete control over things. You have far more than the power to distrobute, You have complete control. If i wanted to i could go through and list the exact uses for most of the powers granted (Granted, some are needed for the distro network, but some of those are solely to keep control of our content)

    Again, Modifying a EULA after it has been agreed to is the same as modifying a contract after it has been signed. Clear breach of contract. Which would be grounds for a class action if someone cared enough.
     
  9. tdev

    tdev
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    BeamNG Team

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    This is not the intention. We had problems before with people using the same reference photos to create a mod that was standalone. We were not even aware that some user created something similar beforehand.

    We would never reuse anyone's content or a derivation of it in our game without a separate agreement and licensing. Worldwide copyright laws are pretty clear in this: you can never loose your copyright, only sell usage to it.

    If we are going to have paid mods, we would give the author at least 70% of the income. Again, this EULA is not to restrict people from things but prevent people with too much money suing us because we made a car lookalike to the mod that they upload somewhere.

    We are very open for improvements to this, this is our first approach in getting some legal security for the company.
     
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  10. Funky7Monkey

    Funky7Monkey
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    You do own your content. You just can't complain if the company uses it, whether in a video, or somehow for profit (all mods technically do this, because it attracts customers from community created YouTube videos, do you expect YouTubers to pay BeamNG). By uploading your mod, you give BeamNG the right to do whatever they want with it, besides claim it as their own, as the EULA specifically states that the content creator owns it. Not being able to claim it as their own means that they can't just add it to the game without another agreement.
     
  11. Cyb3rst0rm

    Cyb3rst0rm
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    ''We had problems before with people using the same reference photos to create a mod that was standalone''

    I'm not entirely sure what you mean by that. Do you mean someone was using photos as a guideline for a mod?
     
  12. SixSixSevenSeven

    SixSixSevenSeven
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    Tom666 kicked up a massive fuss about the devs plagiarising his work at one point, supposedly
     
  13. tdev

    tdev
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    BeamNG Team

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    One user made a skin for a car of ours using google image search. Then we made a skin using a very similar google image as reference picture. The user then proceeded to accuse of of stealing "his" content/idea/whatever whereas we were not even aware that such a skin was in existence beforehand. We are trying to be very careful with these kind of things. There are far too many people who want to see the world burn or have someone who is lawyer and will open a 1M $ lawsuit in the US over some stupid thing.
     
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  14. Cyb3rst0rm

    Cyb3rst0rm
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    ''and when you upload a mod you give them the right to do anything they want with it''

    and you don't see ANYTHING wrong with that? lol.....

    Also, the terms say they control a mod to the same degree whether its upload here or somewhere else. They wouldn't need the powers related to the distro network for mods uploaded elsewhere. That prevents me from creating a seperate distro network to prevent them from having control if they just need it to distrobute the mods.

    @tdev I understand how a mistake like that could occur. But the fact that it did doesn't justify making sure that it could be made to happen again on purpose (I doubt the devs would do that but still). I know BeamNG isn't riding off EA level corporate greed. But in the end there a company, and bad things happen historically when companys have far too much control. I'm just saying maybe they should need permission to modify our content?

    Why do you need permission to modify it?
     
  15. vmlinuz

    vmlinuz
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    Say, just which languages do you consider "inferior?"

    I'm genuinely interested.
     
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  16. tdev

    tdev
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    BeamNG Team

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    We are planning on automatically upgrading content that is uploaded to the repository. I.e. making sure the content still works in newer versions of the game. For that reason we will need to modify it.
     
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  17. SixSixSevenSeven

    SixSixSevenSeven
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    because some people that i affectionately refer to as morons have uploaded broken mods, its sometimes been quicker for it to be repacked by the devs before release onto the repo than send it back just for the person to resubmit. A convenience for you, but one you're apparently refusing.
     
  18. Cyb3rst0rm

    Cyb3rst0rm
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    • This post got a warning: Inappropriate Behavior - Languages != Terrorism
    @vmlinuz I refer to certain languages currently heavily used by terrorists throughout the world. Id prefer my mods not to be associated with terror. Also translations are rarely 100 percent perfect due to grammar differences between languages.

    @tdev perhaps the admin team should make a post outlining the ''typhical'' uses of those rights? The way it stands, nobody really knows why you want half those powers (even though it seems you have good reasons) and knowing why would be nice.

    Also if someone creates a mod of a Ford Explorer, uploads it, appereantly we would be granting you a license to an unlicensed namebrand vehicle. How that makes sense i truly am not sure.
     
  19. SixSixSevenSeven

    SixSixSevenSeven
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    arabic is just a language. We havent banned german after a certain dictator used it. Take your racism elsewhere.
     
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  20. Funky7Monkey

    Funky7Monkey
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    So? It protects them when people upload mods to unofficial sites.
    It's a license for the work you did on it. If you made the 3d model, then it is your 3d model. Likewise with the rest of the mod.
     
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