Clarification on end user modification to content contained in RailWor

[Cardinal51]

I just stumbled upon this on facebook:

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Clarification on end user modification to content contained in RailWorks 3:Train Simulator 2012 ("TS2012")
by RailSimulator.com on Wednesday, May 2, 2012 at 11:31am ·

Note: This note only applies to material authored by RailSimulator.com Limited ("RS.com"). Material created by third parties are the property of the creator or licensor, and they are legally entitled to impose different restrictions on the use of their content - please look at the relevant licence agreements or websites for more details. If you have any doubt over the authorship of a product, please contact support@railsimulator.com.

In the context of this note, the term "Enhanced Content" includes, but is not limited to:

- Creating alternate liveries for locomotives and other rolling stock (sometimes known as "Reskinning")
- Creating alternate textures for objects in a route (this includes any asset in the route)
- Creating modified versions of scenarios
- Creating modified versions of routes (with changes to track layouts, signalling, or otherwise creating an enhanced version of the route)
- Modifying instructions, translations or other customizable text contained in TS2012

Note that for the purposes of this note, RS.com do not distinguish between Enhanced Content made for commercial purposes (sometimes known as "payware") and not-for-profit Enhanced Content (sometimes called "freeware").

RS.com does not currently object to legitimate users ("TS2012 Extenders") of RS.com products (but not those created by or sold by third parties) from making Enhanced Content based on the content contained in TS2012 and add-on content ("DLC") authored by RS.com, provided that:

- The TS2012 Extender will not modify a RS.com model and then distribute the complete model to others in a way that allows a user who has not purchased (or otherwise legally obtained) the original content to use the Enhanced Content. RS.com will treat any such distribution as software piracy.
- The TS2012 Extender will ensure that no copyright infringement occurs as a result of creation or distribution of the Enhanced Content.
- The TS2012 Extender will take full responsibility for any technical or other problems caused by the Enhanced Content. RS.com will not be responsible for any problem howsoever caused by the Enhanced Content.
- The TS2012 Extender will comply with the licence terms of any tools used to make the Enhanced Content.
- The TS2012 Extender will ensure that the modification does not circumvent the copy protection included with TS2012.

A simple example. If an TS2012 Extender creates a new livery for the Class 444, he may distribute that Enhanced Content providing that he only distributes the files he creates. If he sends it to a person who owns a legitimate copy of the 444, the livery should be usable. If he sends it to a person who does not own the 444, the files sent must not provide a working copy of the 444 until that person purchases that product.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

[Cardinal51]

Those rules seem ok to me, but there is one that is kind of different IMHO

The TS2012 Extender will take full responsibility for any technical or other problems caused by the Enhanced Content.

Is there any software company or creator (including RSC) in the world that takes full responsibility for any technical or other problems caused by their software ?

[artimrj]

Sounds like just what we have been doing.

[jp4712]

Those rules seem ok to me, but there is one that is kind of different IMHO

The TS2012 Extender will take full responsibility for any technical or other problems caused by the Enhanced Content.

Is there any software company or creator (including RSC) in the world that takes full responsibility for any technical or other problems caused by their software ?

No conspiracy here, all that means is "if your reskin screws the TS2012 installation of people who download it, we can't be held responsible". Seems like common sense to me, if I download a reskin that contains a virus I wouldn't expect RSC to come and fix my PC.

Paul

[Hawk]

I've stickyed this at the top of the forum for a while.

I think this takes care of the matter discussed in this thread.

viewtopic.php?f=6&t=5271

[imnew]

This is all good enough for me. Back to railworks.

[Cardinal51]

Hi JP

I think it is a kind of weird. Do you really think that RSC offers "full responsibility for any technical or other problems" for the stuff they publish them selves ? Of course not. Then why they expect that from the people who make enhanced-content ?

If RSC just wants to say that "we are not responsible for problems caused by third party content" then I understand that, ofcourse they are not. But why don't they say so ?

[Rich_S]

Thanks Cardinal51 and Hawk for the update. I was hoping this would be the final word. It's like I've been saying all along, RSC does listen to their end users and that is what makes Rail Works one of the best simulators on the market.

Regards,
Rich S.

[Griphos]

You guys are reading too much into this, particularly the way you are emphasizing the word "full." You can see that the RSC legal department has vetted this. It is just standard language to absolve RSC from having to do support for modified content. The modifier has "full responsibility" in the sense that RSC has no share of responsibility. They can't possibly be saying that they hereby impose some other sense of "full" responsibility on whoever modifies their stuff. How would they impose that?

They took a careful look at what we've been doing and had their legal department come up with language that blesses that. Very nice of them.

[Hawk]

The way I read their legalese is basically saying:

"It's OK to keep doing what you've been doing with your repaints and modifications, as long as you don't include any files that would give the end user the ability to use a payware product without paying for it.
Oh yea! We can not be help responsible for any third-party modifications or any affect those modifications would have on the original work."

[steve_the_slim]

Honestly I think the most significant bit is this:

- Creating modified versions of routes (with changes to track layouts, signalling, or otherwise creating an enhanced version of the route)

So now that we know this is allowed, all those people that have modded routes but haven't distributed them can start doing so.

[arizonachris]

I agree with Griphos, y'all are reading way too much into this. We really all knew the rules, but we pushed RSC for a definition so they published one. Main point I think is don't distribute payware for free. And I never did expect them to be responsible for third party stuff.

[Hawk]

I agree with Griphos, y'all are reading way too much into this.

Isn't that what I said? That's what I thought I said. Didn't I say that?
I think I need to lay off the second pot of coffee.

[arizonachris]

Isn't that what I said? That's what I thought I said. Didn't I say that?

Ummm, I can't hear in purple.

[Hawk]

I keep forgetting about you folks that can't hear with your eyes.

Can you hear me now?