Myths & Lies
Before we go down the rabbit hole of issues related to IP
lets cover some myths. Some of these have been going around for nearly 20
years. And my 18 years as part of this
community I still hear most of them at least once a month.1) "BI own all content made with their tools" – MYTH
Big nope on
this. In the absence of a EULA that
strictest interpretation of the Law applies.
No permission, you can’t edit or distribute it.8) "I was told Scripts can’t be copyrighted". – LIE
9) I modified the original addon/script/texture
so much it’s now mine – NOT REALLY TRUE
This is another common myth,
but it is actually based in some truth.
Fair use does allow you to base your work on someone else’s. But for you to claim it you need to
substantially change and add value to it.
Some people claim its as little as 30% others its actually 90%. The truth is that that value varies on the opinion of the court. And each case is weighed on its own merits.
So don’t think just tweaking someone’s textures means you can claim their addon. If it performs the same function and has the same unique features you can’t claim it as your own. You need to radically alter it. So much so that its a fundementally different product.
It is considered “Fair” by most creators that people can ‘peek’ inside addons to see how things are done. But if you take anything from that addon and re-package it then your “Fair use” defence collapses. And it becomes ‘theft’.
1) "BI own all content made with their tools" – MYTH
Possibly the oldest myth starting from the
OFP era. The confusion comes from the O2 (Now called Object Builder) software
licence which states:
“any related documentation, and addons incorporated into the Program) are owned by Bohemia Interactive”
Of course some took this to mean user made addons when it actually means addons
with the O2 program.
The Myth was de-bunked by Placebo the then community
manager in 2005 - https://forums.bohemia.net/forums/topic/44191-addonmod-ownership-qa/
The Myth was de-bunked by Placebo the then community manager in 2005 - https://forums.bohemia.net/forums/topic/44191-addonmod-ownership-qa/
2) "You can’t sue me if it’s not commercial" – MYTH
Interesting fact. EU and UK Law does not really
recognise a distinction between commercial and non-commercial use. It really only factors in the scale of
penalties the court may levy. In the US there are some restrictions about the
value of the work.
But if the case is
about Ownership, Moral rights legislation comes back into play and the issue of compensation comes in at the penalties
stage. Loss of Earnings, damage to
reputation, place in the market etc.
At the very least its going to cost you your
own legal expenses and a nominal figure if they judgement goes against
you. Or it may cost you both yours and
the IP owners expenses AND a larger inconvenience/compensation payment if the
Court decides you are being belligerent or less than truthful.
I’ve seen it happen in the EU and US 😉3) I can re-upload anyway I like - NOT REALLY TRUE
A number of hosting and distribution services demand that you give them rights to commercial exploit the content you upload. And if you dont own it you are potentionally commiting fraud, ip theft and perjury.
But lot does depend on the Author’s EULA regarding re-distribution of addons.
And the terms of service of the hosting provider. For instance, Steam requires
that you give them irrevocable commercial rights to the content. Something you
can’t legally do if you do not own the content.
Its one of the reasons so much content gets DMCA’d.4) You have to register your copyright for it to
be legal. – MYTH
Not true, the moment you
create a 100% new creation its yours. You own all the rights to that
creation. Obviously if you use someone
else’s content they share the rights.
If
you didn’t ask them and get permission you just stole it.
5) It doesn’t have a license so it’s free to do
with as I like. – MYTH
Big nope on
this. In the absence of a EULA that
strictest interpretation of the Law applies.
No permission, you can’t edit or distribute it.But if the case is about Ownership, Moral rights legislation comes back into play and the issue of compensation comes in at the penalties stage. Loss of Earnings, damage to reputation, place in the market etc.
At the very least its going to cost you your own legal expenses and a nominal figure if they judgement goes against you. Or it may cost you both yours and the IP owners expenses AND a larger inconvenience/compensation payment if the Court decides you are being belligerent or less than truthful.
I’ve seen it happen in the EU and US 😉
3) I can re-upload anyway I like - NOT REALLY TRUE
A number of hosting and distribution services demand that you give them rights to commercial exploit the content you upload. And if you dont own it you are potentionally commiting fraud, ip theft and perjury. But lot does depend on the Author’s EULA regarding re-distribution of addons. And the terms of service of the hosting provider. For instance, Steam requires that you give them irrevocable commercial rights to the content. Something you can’t legally do if you do not own the content. Its one of the reasons so much content gets DMCA’d.
4) You have to register your copyright for it to
be legal. – MYTH
Not true, the moment you
create a 100% new creation its yours. You own all the rights to that
creation. Obviously if you use someone
else’s content they share the rights. If you didn’t ask them and get permission you just stole it.
5) It doesn’t have a license so it’s free to do with as I like. – MYTH
6) If I can’t get a reply from the Author, I can do what I like until he/she objects - LIE
Big no-no. Sorry no permission means you have
zero rights to do anything. And if the
Author does eventually reply and denies your permission you’ve just wasted your
time. Ask first. Edit after.7) All ArmA addons must use a BI license from
here: https://www.bohemia.net/community/licenses – MYTH
You can choose any licence you like. Or
even have none. BIS suggested a framework.
And it’s a good start to understand some of the licences and issues
around using BI content.
7) All ArmA addons must use a BI license from
here: https://www.bohemia.net/community/licenses – MYTH
You can choose any licence you like. Or
even have none. BIS suggested a framework.
And it’s a good start to understand some of the licences and issues
around using BI content.
You can choose any licence you like. Or
even have none. BIS suggested a framework.
And it’s a good start to understand some of the licences and issues
around using BI content.8) "I was told Scripts can’t be copyrighted". – LIE
9) I modified the original addon/script/texture
so much it’s now mine – NOT REALLY TRUE
This is another common myth,
but it is actually based in some truth.
Fair use does allow you to base your work on someone else’s. But for you to claim it you need to
substantially change and add value to it.
Some people claim its as little as 30% others its actually 90%. The truth is that that value varies on the opinion of the court. And each case is weighed on its own merits.
So don’t think just tweaking someone’s textures means you can claim their addon. If it performs the same function and has the same unique features you can’t claim it as your own. You need to radically alter it. So much so that its a fundementally different product.
10) Fair use allows me to make Private mods for my team using your content without permission. – LIE
Fair Use or ‘Fair dealing’ (in the UK) is a legal term used to establish
whether a use of copyright material is lawful or whether it infringes
copyright.
I seem to say this a lot. There is no statutory definition of fair dealing under EU, UK or US law - it will always be a matter of fact, degree and impression in each case. The common questions asked are (but not limited to):It is not a legal right.
- How would a fair-minded and honest person have dealt with the work?
- What is the intent of the disputed piece of work?
- Is there any Intention to hide, deceive or otherwise deprive the original Author his moral rights?
- Commentary and Criticism.
- Parody
- Teaching
- Non-Commercial Research and Private Study
It is considered “Fair” by most creators that people can ‘peek’ inside addons to see how things are done. But if you take anything from that addon and re-package it then your “Fair use” defence collapses. And it becomes ‘theft’.