Elvis (SMM) has left the building

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Re: Elvis (SMM) has left the building

Unread postby bpetit » Thu Sep 27, 2012 1:32 pm

Whoa, whoa, they can take our created content for themselves?
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Re: Elvis (SMM) has left the building

Unread postby Hawk » Thu Sep 27, 2012 1:45 pm

bpetit wrote:Whoa, whoa, they can take our created content for themselves?

That's pretty much what the current EULA says.
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Re: Elvis (SMM) has left the building

Unread postby Rich_S » Thu Sep 27, 2012 1:47 pm

Yes, I'm not a lawyer, but that is the way I understand section 9.2, paragraph B which reads:

Code: Select all
 We have an irrevocable, worldwide, perpetual, payment free right to take any actions
we consider appropriate in respect of the UGC (including without limitation to copy,
reproduce, market, advertise, modify, adapt, merge, translate, reverse engineer,
decompile, disassemble or create derivative works based on the whole or any part of
the UGC), and all consents (if any) required under intellectual property, data protection
and privacy laws worldwide, for that use;



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Re: Elvis (SMM) has left the building

Unread postby chrisreb » Thu Sep 27, 2012 2:06 pm

Sorry to see SMM pack it in. Loved the route and purchased the loco also.
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Re: Elvis (SMM) has left the building

Unread postby SMMDigital » Thu Sep 27, 2012 2:10 pm

Geesh folks! It's not that big a deal in the grand scheme of things, so please don't argue and fight about it. If you are good with my decision or mad because of it i'm fine both ways. People have left the game before and it hasn't caused the collapse of civilization as we know it.

I did not prohibit any asset from being distibuted with user created routes, and there were over 32k downloads, so all this stuff is going to be out there for a long time. And for the record, the RSC EULA in all of its goofiness is the least of my worries. Tell you what though, if it will ease the situation, i'll package up the assets from the AND route and send them to someone who may be interested in reposting them. I don't know what good it will do, as far as i'm concerned anyone who is trying to do anything for Railworks is going to be kicking against the pricks (thats a Bible reference, not inferring what I think of certain folks). As far as the signals and such though, you guys need to be politely sending a lot of email to RSC about those. It's crazy that this far along in the game they still don't have proper looking and functioning NA trackside and road signals in the game. As much reference material as there is out there, the 3DMax wizards at RSC could whip up a batch and attach them to scripts in just a few hours.

Peace.
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Re: Elvis (SMM) has left the building

Unread postby thebigroyboyski » Thu Sep 27, 2012 2:19 pm

Surely if a model builder has built something that works in railworks but is created using software that has nothing to do with railworks then they could copyright it. Then if railworks takes it they would be on the receiving end of a lawsuit. As long as nothing in the model is original I don't see how they can just take it.
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Re: Elvis (SMM) has left the building

Unread postby SMMDigital » Thu Sep 27, 2012 2:28 pm

Conceivably they could get you if you used the Asset or Blueprint Editors or Serz.exe to compile the model for the game. Not a lawyer, dont hold me to that.
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Re: Elvis (SMM) has left the building

Unread postby hminky » Thu Sep 27, 2012 2:31 pm

SMMDigital wrote:Conceivably they could get you if you used the Asset or Blueprint Editors or Serz.exe to compile the model for the game. Not a lawyer, dont hold me to that.

If you use the game to compile the product, the builder is using RSC's intellectual property.

Using their file format is using RSC's intellectual property.

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Re: Elvis (SMM) has left the building

Unread postby PapaXpress » Thu Sep 27, 2012 2:35 pm

SMMDigital wrote:Conceivably they could get you if you used the Asset or Blueprint Editors or Serz.exe to compile the model for the game. Not a lawyer, dont hold me to that.


The inverse is more true. If we use serz.exe to decompile their work, say to add child objects.
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Re: Elvis (SMM) has left the building

Unread postby fecrails » Thu Sep 27, 2012 3:37 pm

SMMDigital wrote: It's crazy that this far along in the game they still don't have proper looking and functioning NA trackside and road signals in the game. As much reference material as there is out there, the 3DMax wizards at RSC could whip up a batch and attach them to scripts in just a few hours.


Agreed! I'm a crossing signal nut I guess, have been since I was a kid growing up watching trains here in Florida along the FECRR. The route runs through mostly urban areas of costal South Florida and there are dozens of crossings. Many of them are the large cantilever types like the one you modeled so accurately! I can't understand a developer marketing a NA railroad simulator with the lame crossing signals they use. Oh well, not to get off topic too far,

I certainly understand your frustration and this hobby is suppose to be about some fun and satisfaction. If you are no longer getting that out of it, I for one whole heartily support you decision. If some of theses issues get sorted out in the future, I also hope you will return.
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Re: Elvis (SMM) has left the building

Unread postby ex-railwayman » Thu Sep 27, 2012 5:37 pm

Well, if Jerry pops back into this thread, I just wanna say many thanks for all your contributions over the years, you helped a lot of us end users out from around the world with your hard work and freebie offerings, you'll be sadly missed within the game, but, I appreciate your reasons for leaving. I couldn't run your route as I don't have Win 7 64 bit, but, I downloaded it for a rainy day, as and when I upgrade my computer, mind you, we might be on TS2016 by then. !*roll-laugh*!

Sorry, to see you go, old bean, enjoy your sleep, have fun with your cycling, and enjoy life in general without having to answer silly emails ever again from impatient oiks who want everything for nothing.

I will miss reading your scrolling news items on your website, they were very good and made me laugh whenever I read them.

Cheerz. ex-railwayman. !*cheers*!
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Re: Elvis (SMM) has left the building

Unread postby RAILSOHIO » Thu Sep 27, 2012 5:58 pm

SMMDigital wrote:Geesh folks! It's not that big a deal in the grand scheme of things, so please don't argue and fight about it. If you are good with my decision or mad because of it i'm fine both ways. People have left the game before and it hasn't caused the collapse of civilization as we know it.


Very true,but most are not of the stature of you or Tori. I bought Railsimulator when it was new. I did not do much with it. It was the first RW upgrade and the advent of outstanding North American prototype routes that sold me. It showed me a lone individual could build a route that was instantly recognizable as being as close to the real thing as we could get. I take rail simulation seriously,as it is a tool for me to rebuild Ohio Railroads that have been gone for 20 or more years. It's preservation,and this platform seem to still be the best tool to do it with. I am thrilled to hear that you are going to allow your assets to be distributed,the community feels the same,from the postings.
Many of us are worried about the new Eula,and maybe with enough input to RSC,MAYBE the language can be softened. No,I am not holding my breath. But,I wrote an email to them about the upcoming SD-45,and was happy to get a response. I was happy to see that RSC Derek at least read this thread,and I hope our concerns(not our rants)will be taken into consideration. And I Hope you don't mind me "borrowing" your signature to start this thread.
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Re: Elvis (SMM) has left the building

Unread postby arizonachris » Fri Sep 28, 2012 7:31 am

I was sitting, thinking about section 9.2 paragraph whatever:
"We have an irrevocable, worldwide, perpetual, payment free right to take any actions we consider appropriate in respect of the UGC (including without limitation to copy, reproduce, market, advertise, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the UGC), and all consents (if any) required under intellectual property, data protection
and privacy laws worldwide, for that use;"
Change it around a little":
"We have an irrevocable, worldwide, perpetual, payment free right to take any assets that we need , from RSC,(including without limitation to copy, reproduce, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of RSC), and all consents (if any) required under intellectual property, data protection
and privacy laws worldwide, for that use; "

Think about it for a few minutes. We have been doing that since RW started, and what finally (probably) blew it all up was those that decided it was OK for them to charge money for using RSC's free assets. I don't blame RSC one bit. EULA does need to be more straight forward so us unintellectual types can understand it.

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Re: Elvis (SMM) has left the building

Unread postby SMMDigital » Fri Sep 28, 2012 10:47 am

I don't think there is such a thing, unless you are a pirate, as a "free" RSC asset. If you have the program, the Editors, and the assets, then you paid for them.
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Re: Elvis (SMM) has left the building

Unread postby Rich_S » Fri Sep 28, 2012 5:34 pm

arizonachris wrote:I was sitting, thinking about section 9.2 paragraph whatever:
"We have an irrevocable, worldwide, perpetual, payment free right to take any actions we consider appropriate in respect of the UGC (including without limitation to copy, reproduce, market, advertise, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the UGC), and all consents (if any) required under intellectual property, data protection
and privacy laws worldwide, for that use;"
Change it around a little":
"We have an irrevocable, worldwide, perpetual, payment free right to take any assets that we need , from RSC,(including without limitation to copy, reproduce, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of RSC), and all consents (if any) required under intellectual property, data protection
and privacy laws worldwide, for that use; "

Think about it for a few minutes. We have been doing that since RW started, and what finally (probably) blew it all up was those that decided it was OK for them to charge money for using RSC's free assets. I don't blame RSC one bit. EULA does need to be more straight forward so us unintellectual types can understand it.

Just my **!!2cents!!** **!!2cents!!**


Chris,
I think you are missing the point. UGC means User Generated Content, in other words, my Montour route, Jerry's NSAND route, IAN's GP60's and the list goes on. So now my point, if someone at RSC decides hay, that Montour route is a nice little route. With the above statement they can take my route, tweak it to their liking and sell it as DLC. Now comes the wrench in the gears, what happens if I make a update to my route and distribute it after RSC begins selling my route as DLC? Am I pirating DLC when it started off as the route I created? I realize chances are very slim that RSC has any interest in my Montour route and I'm using it only as an example, but in a nut shell with this new EULA, RSC has stated they can take anything we create and use it for their own financial gain. Why would any of us wish to continue producing anything for Train Simulator 2013? Something to think about?

Rich S.
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