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Dev Blog: Alliance Logos & You - Clarification on submissions

First post First post
Author
James Amril-Kesh
Viziam
Amarr Empire
#221 - 2014-02-16 11:37:44 UTC
Ralph King-Griffin wrote:
James Amril-Kesh wrote:
unnecessary

read the blog

So if I write something lengthy about why I require your property you'll hand it to me without question?
I'd go ahead and do so but I suspect you have nothing of value to me.

Enjoying the rain today? ;)

Uma D
Viziam
Amarr Empire
#222 - 2014-02-16 13:22:18 UTC
James Amril-Kesh wrote:
Ralph King-Griffin wrote:
James Amril-Kesh wrote:
unnecessary

read the blog

So if I write something lengthy about why I require your property you'll hand it to me without question?
I'd go ahead and do so but I suspect you have nothing of value to me.


Because he already has given it all away for free :).
firepup82
The Inf3cted
Pathog3n
#223 - 2014-02-18 15:09:55 UTC
as many have stated this was a huge **** move by CCP. they in terms just spit in the face of the community. And beyond that if they think that this will hold up in a court of law is just laughable. there is a few things here
1. different countries have different laws irregardless of what the ULA says. That is hurdle 1

2. if you trademark the image problem solved yes i realize trademarks do not span across borders but you trademark it here it protects you from big bad ccp lawyers if they decide to move forward with legal action.

NOW if ccp had servers in the USA you trademark an image they use it for profit. which they do. and they decide to take legal action against you you could counter sue them for profiting off your trademark. this is unlikely scenario more likely is what someone said earlier.

I take the image from apple and submit it its in game there servers are in the usa then they have a bigger issue apple could go after ccp for whatever portion of profit they deem necessary. its ccp's job to check out trademarks ect
David Laurentson
Laurentson INC
#224 - 2014-02-18 22:05:51 UTC
I've got a fairly simple question for the legal team to answer:


Why are you offering to license people's own art back to them, rather than having them license their work to you?


Let's be honest, "you get to see your logo in a game!" is not actually a very good price for the IP CCP is demanding be handed over for without recompense, and "we'll totally let you use it still, in certain limited scenarios!" is not much better either, fresh as it is on the heels of sending C&D's over T-shirts.
Fredlah
Republic Military School
Minmatar Republic
#225 - 2014-02-19 08:37:54 UTC
CCP Falcon wrote:


I randomly selected a group of logos from a folder I had on my computer and uploaded them to make the blog pretty.

No tinfoil required Smile

As for the questions that have come up in this thread, I'll see if we can get them answered for you buy legal over the weekend and early into next week Smile



Almost been a week now... Still waiting on that reply from legal ^_^
Arkady Romanov
Whole Squid
#226 - 2014-02-19 08:50:22 UTC
Fredlah wrote:
CCP Falcon wrote:


I randomly selected a group of logos from a folder I had on my computer and uploaded them to make the blog pretty.

No tinfoil required Smile

As for the questions that have come up in this thread, I'll see if we can get them answered for you buy legal over the weekend and early into next week Smile



Almost been a week now... Still waiting on that reply from legal ^_^



Well its (been made into) a complicated issue and they probably get paid by the hour so...

Whole Squid: Get Inked.

Sirane Elrek
Garoun Investment Bank
Gallente Federation
#227 - 2014-02-19 11:56:54 UTC
Arkady Romanov wrote:
Well its (been made into) a complicated issue and they probably get paid by the hour so...

More likely that we've gone back to the proven CCP tactic of completely stopping communications when some idea goes down like a cup of cold sick. That way they can then later pretend everything has been discussed with the playerbase when they roll it out anyway.
Goat Scrotus
Caldari Provisions
Caldari State
#228 - 2014-02-19 18:03:38 UTC
Sirane Elrek wrote:
Arkady Romanov wrote:
Well its (been made into) a complicated issue and they probably get paid by the hour so...

That way they can then later pretend everything has been discussed with the playerbase when they roll it out anyway.


They should consider running for Congress.

Or doing UI for Facebook, or running Google+, etc.
MailDeadDrop
Archon Industries
#229 - 2014-02-19 20:44:10 UTC  |  Edited by: MailDeadDrop
Dev Blog wrote:
While CCP must retain ownership of Alliance logos that are submitted to us due to the fact that they are packaged within our client, and are part of our game IP,


In-Game About Tab wrote:
Software Acknowledgments

This product includes the following software:

Uses software that is based in part on the work of the Independent JPEG Group.
Uses software that is based in part of the work of the PNG Development Group.
Uses Zlib, general purpose data compression library, written by Jean-loup Gailly and Mark Adler.
Uses ChartDirector by Advanced Software Engineering.
Uses Umbra by Umbra Software Ltd.
Uses Wwise. Copyright © 2006-2009 Audiokinetic Inc. All rights reserved.
Uses Bink Video. Copyright © 1997-2008 by RAD Game Tools, Inc.
Uses Granny Animation. Copyright © 1999-2008 by RAD Game Tools, Inc.
Uses Simplygon® Copyright © 2009 Donya® Labs AB.
Portions of this software are copyright © 2001-2008 Python Software Foundation, all rights reserved.
Portions of this software are copyright © 2008 The FreeType Project, all rights reserved.
Uses Awesomium. Copyright © Khrona 2009.
This product includes software that is based in part of the work of the Xiph.Org Foundation. © 2005, Xiph.Org Foundation
MPEG Layer-3 audio coding technology licensed from Fraunhofer IIS and Thomson.
Uses Chromium. Copyright © 2008, The Chromium Authors. All rights reserved.


I'm having a very difficult time squaring those two statements from CCP. First, CCP's lawyer says "CCP must own all IP in the game". Then Eve Online says (presumably CCP legal vetted) "we use this other stuff that we don't own." Please tell me which lawyer is lying to me.

MDD
Sakaane Eionell
Intaki Liberation Front
Intaki Prosperity Initiative
#230 - 2014-02-19 21:40:07 UTC  |  Edited by: Sakaane Eionell
Iceland has been a signatory to the Berne Convention since 1947 (Source). This makes CCP obligated to recognize the copyright of individuals in other countries that are also signatories of this convention, and vice versa. Additionally, copyright laws of a given country never contravene or provide less copyright protection than the Berne Convention. The convention provides allowance for people living in one country to claim copyright on their IP in other countries. Look it up.

CCP does not commission players to create alliance logos specifically for CCP's use; logo submission is a voluntary service and no compensation is awarded to the player for providing unique artwork. Alliance logos that do not include any recognizable aspects of anyone else's intellectual property are covered by the Berne Convention if the individual is in a member country and the owner of the logo has put the artwork into a fixed and tangible medium (including saving to a hard drive or disc).

So, in the alliance logo submission process, CCP should only be stating something like:
1. The individual submitting the artwork agrees to allow CCP to store the artwork in CCP's database in a format appropriate for the database; and
2. The individual submitting the artwork agrees to allow CCP to retrieve the artwork from the database when and as needed for use in applicable locations of CCP's game client (and EVE Gate) for the purpose of identifying the alliance under which the artwork was submitted; and
3. The individual submitting the artwork must have the legal right to submit it and will not submit artwork that is someone else's property, and if proven to have done so, (i) CCP will immediately remove said artwork, and (ii) any legal costs brought to bear against CCP by the legal owner will become the responsibility of the individual who submitted the logo.

That's it. That's all the artwork submission to CCP is intended for: identification of a player-created entity in the game client and EVE Gate. CCP should not have any expectation that it can use the artwork anywhere else or for any other reason. If CCP later decides they would like to use it outside their database, their game client, and EVE Gate, such as (but not limited to) on their forum, within a comic, in a TV show/movie/video (including promotion of same), or on merchandise, that's a whole new situation. At that point CCP needs to approach the owner of that unique artwork for a new license, and that license needs to specify exactly what else CCP can use the logo for.

The license for an individual to upload and post the alliance logo on the EVE Online wiki should be similar as outlined above, except that point 2 would reference the wiki rather than the game client and all points should cover written content (derivative work) as well (see second post below).

It's worth noting that corporations that have no alliance, or are in an alliance with no alliance logo, have only their corporation logo to rely on for any website or physical merchandise they want to create and/or sell. They also have hosting packages, comm servers, and so on that need to be paid for, and it's just fun to have stuff to distribute.

"Original" corporation logos are limited to the finite number of combinations possible via CCP's in-game tool. Many of the art assets in the tool are generic symbols (for example, the symbol for the male gender/Mars, or the ankh, or any of the heraldic items). CCP only owns the specific stylization of their art assets that portray those symbols.

So, a CEO uses the tool to design a corporation logo. Let's say he chooses the symbol for the male gender/Mars. He selects yellow from the color picker so the symbol appears gold, and puts this combination on a black background. The image generated by the game client belongs to CCP because it uses their specific stylized art asset of that symbol. But if that CEO opens Photoshop, draws the symbol for Mars himself, then uses filters and a yellow fill to make that symbol look like gold, and puts it on a black background, that specific Photoshop image belongs to that person, not CCP, because the symbol for the male gender/Mars is not recognizable nor unique to EVE Online or CCP. So long as the CEO only uses his Photoshop file--and not the image generated by CCP's game client--he has every right to put that image on his website, coffee cups, tshirts, mousepads, etc and generate revenue from it if he wishes.

(Continued next post...)
Sakaane Eionell
Intaki Liberation Front
Intaki Prosperity Initiative
#231 - 2014-02-19 21:41:01 UTC  |  Edited by: Sakaane Eionell
A topic related to the copyright issues raised in this thread is derivative work. Players create a lot of other material which is related to their corporations, alliances, and general experiences playing EVE Online. These might be drawings and paintings ("fanart", not including logos addressed above), written or spoken stories ("fanfiction"), videos, toys, and who knows what else.

From what I understand, the Berne Convention indicates an individual must have permission (license) from the owner of an IP to create derivative work. If you have this permission, the work you created yourself is your property, and the material provided to you via the license remains the property of the other owner. You have to abide by the owner's terms regarding usage of their IP and you are obligated to give proper credit to them. The copyright will be joint between you and the other owner, unless the law permits the license to contain a written agreement where you surrender ownership--provided that agreement is actually legally executed. Otherwise, no infringement on the original IP takes place as long as the license isn't revoked or its limits contravened. Each person's ownership is still preserved. This applies to CCP using player-created IP (alliance logos) just as much as it applies to players using CCP's IP on websites etc.

CCP already grants players this permission to a certain extent. At Fanfest 2013, a dev panel was asked whether it was okay for players to self-publish fanfiction. Torfi was attending that panel as a member of the audience. He interjected to specifically say it was okay so long as the player did not try to formally publish the written work for profit, and if someone wanted to publish for profit, that person would have to get in touch with CCP first (limit of the license). Similarly, the fansite copyright notice indicates that CCP has granted permission for the website owner to use CCP's IP and trademarks on the website. Unfortunately, the fansite copyright notice also implies that CCP owns everything, which other posts rightly point out isn't true.

Regardless, there are tons of artists around the world who make their living creating art based on someone else's IP. They don't own that IP but they do own their artwork and they have the right to reproduce, sell, and distribute it. Any EVE player who creates an alliance or corporation logo--or any other piece of artwork--which partially uses CCP's IP should fall into this category once CCP writes an appropriate license. Any writer should likewise have a more appropriate license from CCP for their work. The blurb from the EULA quoted by the devblog doesn't cut it. The fansite copyright notice doesn't cut it either.

Ultimately:
1. CCP needs to recognize that they only require a license to use unique artwork like alliance logos in their game client, and that ownership of unique artwork stays with the player; and
2. CCP must obtain a separate license from the player anytime they wish to use the unique artwork in any form beyond the game client; and
3. CCP needs to provide a clear license to players governing use of CCP IP in derivative works, including artwork, written work, and any other creative form, especially for use on websites and merchandising for the specific purpose of defraying corporation or alliance costs.
Tuttomenui II
Aliastra
Gallente Federation
#232 - 2014-02-20 01:21:59 UTC
Sakaane Eionell wrote:


Regardless, there are tons of artists around the world who make their living creating art based on someone else's IP. They don't own that IP but they do own their artwork and they have the right to reproduce, sell, and distribute it. Any EVE player who creates an alliance or corporation logo--or any other piece of artwork--which partially uses CCP's IP should fall into this category once CCP writes an appropriate license. Any writer should likewise have a more appropriate license from CCP for their work. The blurb from the EULA quoted by the devblog doesn't cut it. The fansite copyright notice doesn't cut it either.



I was watching something once forget what, but some guy in the UK makes custom storm trooper suits and other star wars inspired suits, and he sells these suits. All without a license. And he is protected because they are considered Art.
All his suits are hand made not mass produced.
OSGOD
Siren's calll
#233 - 2014-02-20 11:22:53 UTC
CCP is not recognised in my country unless they can prove that they created the said intellectual property and as they do not they can get ****** if I design an alliance logo that design is my intellectual property , and CCP go do what adam and eve done ,
DONT PUSH ME I WONT SHOOT YOU
CCP Falcon
#234 - 2014-02-20 16:11:54 UTC
Fredlah wrote:
CCP Falcon wrote:


I randomly selected a group of logos from a folder I had on my computer and uploaded them to make the blog pretty.

No tinfoil required Smile

As for the questions that have come up in this thread, I'll see if we can get them answered for you buy legal over the weekend and early into next week Smile



Almost been a week now... Still waiting on that reply from legal ^_^


Yeah, apologies for the delay.

I'm just posting here to let you guys know that we're still working on this issue, we're still discussing things with legal, and we'll have some follow up information as soon as we can.

Right now we're looking at discussing this with the alliances that were involved in the third party vendors takedown, then we'll be looking at giving more detailed information in terms of an explanation of the situation and where we go from here.

Sorry this is taking a little longer than expected, but it's a pretty complicated situation.

Smile

CCP Falcon || EVE Universe Community Manager || @CCP_Falcon

Happy Birthday To FAWLTY7! <3

Radgette
EVE Irn Bru Distribution
#235 - 2014-02-20 20:28:19 UTC
CCP Falcon wrote:


Sorry this is taking a little longer than expected, but it's a pretty complicated situation.

Smile



Not really your trying to steal people's IP and your now surprised that people don't want that.

Hardly rocket science given that what your doing doesn't hold water in pretty much the entire planets legal system.

Your just being bullies and hoping that people won't fight back.
Coor Halootarne
Legio Victorem
#236 - 2014-02-21 00:24:01 UTC
In your dev post you said everything that I submit in eve was Intellectual Property of CCP and that this was standard practice, well this got me thinking because I reuse the names of most my characters from one game to another and if this is infact a breach of Intellectual Property I would have to start getting my lawyer friends on the phone to protect me Sad

of the MMO's I've checked so far "World Of Warcraft, World Of Tanks, Lord Of The Rings Online,Final Fantasy XI" none of them have a clause stating that by accepting the EULA you are giving any IP rights to the owning company... I might be wrong as I don't speak legaleze, but that doesn't really sound like industry standard to me.

Runescape's terms of use states that the user is granting them "non-exclusive, perpetual, irrevocable, royalty free, worldwide license to use and/or modify such materials on any Jagex Product as we see fit. You waive any moral rights to the extent allowed by law."


I do however know of a few games that allow the player to retain all rights to submitted user created content the biggest being Second Life which seems to have no problem with most of its world being created by its users

So which other MMO's are you referring to to call the EULA's clause for stripping intellectual property rights from their owners Standard practice?
Ortho Loess
Escalated.
OnlyFleets.
#237 - 2014-02-21 12:52:12 UTC  |  Edited by: Ortho Loess
Coor's post made me finally get 'round to checking out a couple of other game EULAs myself.

As he says, the WoW Eula appears to contain no provision on the IP rights of character names or guild names at all, nor is there (for obvious reasons) anything about alliance logos or similar.

The more interesting one is Guild Wars 2. In discussions with Bill Winters, CCP General Counsel (he phoned the holder of the IP to our logo), he specifically used Guild Wars 2 as an example. He had contacted them asking for a copy of their EULA and was apparently quite proud to have profited from all this by being sent a collector's edition of the game with it in. (why he couldn't just google it and read it off the website like I did is anyone's guess).

So Bill said that they absolutely need to own all the IP. He acknowledged that this is stupid, since many people reuse names on various games. Along with the assertion that all game companies do the same as CCP are trying to do, the whole system is broken.

Apparently Bill was so happy about getting a free copy of guildwars that he spent all his time playing it, rather than actually bothering to read the EULA.

Quote:
You acknowledge, and agree, that, as soon as they are created and to the extent You may claim any IP right(s) in them, You hereby grant NCSOFT a non-exclusive, irrevocable, royalty-free, worldwide, transferable right, for the legal duration of author rights protection under applicable law, to use, modify, display, duplicate, distribute and make them available to the public. You hereby grant NCSOFT an irrevocable, royalty-free, worldwide, non-exclusive, sub-licensable, license, for the legal duration of author rights protection under applicable law, and you grant full authorization to NCSOFT to exercise all rights of any kind or nature associated with such IP right(s), and all ancillary and subsidiary rights thereto, in any languages and media now known or not currently known.


source: https://www.guildwars2.com/en-gb/legal/guild-wars-2-user-agreement/

There are some interesting differences in the non-EU version. Clearly US law is more relaxed in allowing them to attempt to claim the copyright, however where this will fail it still falls back to the same non-exclusive license used in the EU EULA.

If CCP were to use a similar clause, in place of their land grab, then the EULAs would be compatible and we wouldn't have game studios gearing up to sue each other over the fact that I have a character in both games with the same name.

CCP Falcon has repeatedly claimed that what they are trying to do is standard practice in the MMO industry. All the evidence that I have found, and all that Coor has found, indicates that he (Falcon) is either lying or has been lied to by the legal department. I would be interested to see a list of the other MMOs that CCP knows to claim IP ownership in this way.

I would be perfectly happy with CCP having a license like the GW2 one to use our IP, they can use it for whatever they want, we can use it for our purposes too.

CCP Falcon: Why can you not claim a non-exclusive license as appears to be the true industry standard?
Bantara
Dolmite Cornerstone
#238 - 2014-02-21 14:48:50 UTC
CCP Falcon wrote:
For full details, please see this Dev Blog.


CCP Falcom wrote:
While player-created Alliance logos are part of CCP’s IP,

Looking at it morally, not legally, that's a pile of animal excrement. If you want to claim it as intellectual property, you design the bloody things!

CCP Falcom wrote:
While CCP must retain ownership of Alliance logos that are submitted to us due to the fact that they are packaged within our client,

No, you mustn't. You choose too. You always have the choice, and you choose to assert the claim to them. Stop hiding behind such deceptive language, and just come clean--You're more interested in money(or protecting it) than giving creators sole ownership of their creations.
David Laurentson
Laurentson INC
#239 - 2014-02-24 21:45:12 UTC
No danger of anyone from Legal commenting themselves, obviously, but maybe Falcon could update the thread?
Alavaria Fera
GoonWaffe
#240 - 2014-02-25 17:41:03 UTC  |  Edited by: Alavaria Fera
So, does this mean soon little bees videos (featuring the bee) will be kicked out of youtube?

I like linking it to prospective newbees, you see.

Triggered by: Wars of Sovless Agression, Bending the Knee, Twisting the Knife, Eating Sov Wheaties, Bombless Bombers, Fizzlesov, Interceptor Fleets, Running Away, GhostTime Vuln, Renters, Bombs, Bubbles ?