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Bohemia_Interactive

General Statement on DMCA in Steam and DAYZ.

Nov 28th, 2023 (edited)
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  1. Originally posted by Bohemia:
  2. Workshop Contributions are Subscriptions,
  3. and therefore you agree that any Subscriber receiving distribution of your Workshop Contribution will have the same rights to use your Workshop Contribution
  4. (and will be subject to the same restrictions) as are set out in this Agreement for any other Subscriptions.
  5.  
  6. User-created Content
  7. If You create any content ("content") using the game or make it available through the game, You may do so, but there are rules.
  8. This content must not infringe anyone's copyrights or author rights, it must not be offensive to people or illegal in any other way.
  9. For the benefit of the entire User community, You give us an irrevocable permission to use, copy, modify and adapt anything You create using Our game and share with
  10. other Users of Our game in multiplayer or as an online download (including but not limited to in-game objects or terrain composition).
  11. You also agree that We allow other people to use, copy, modify and adapt Your content under the terms of this license.
  12. www.bohemia.net/community/licenses/dayz-end-user-license
  13.  
  14.  
  15. Steam/Valve TERMS!
  16.  
  17. Originally posted by Steam/Valve:
  18. In steam workshop TOS it is stated that the developer of the game must give permission to sell mods,
  19. In Bohemia's tools policy it is stated that it is forbidden to charge for mods and is also breaking direct TOS from the game developer thus breaking steam workshop TOS
  20. as stated you need direct permission from the developer and Bohemia has made the stance clear.
  21.  
  22. Specific Workshop-Enabled Apps or Workshop web pages may contain special terms (“App-Specific Terms”) that supplement or change the terms set out in this Section. In particular, where Workshop Contributions are distributed for a fee, App-Specific Terms will address how revenue may be shared. Unless otherwise specified in App-Specific Terms (if any), the following general rules apply to Workshop Contributions.
  23. https://store.steampowered.com/subscriber_agreement/
  24.  
  25.  
  26. THE LAW!
  27.  
  28. Originally posted by US CONGRESS:
  29. In 1998, Congress enacted the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the
  30. “DMCA”), to provide a framework for addressing claims of online copyright infringement.
  31.  
  32. Congress also recognized that these “takedown notices” could be used maliciously to
  33. secure the removal of content that was not legitimately claimed to be infringing. Accordingly, it included a provision in the DMCA authorizing those aggrieved by fraudulent notices to bring an
  34. action against the sender for damages.
  35.  
  36. Section 512(f) of the DMCA creates liability for knowingly making false claims in a DMCA takedown notice or counter-notice.
  37. https://www.law.cornell.edu/uscode/text/17/512
  38. If someone claims in a takedown notice that you are infringing their copyrighted material while knowing this to be false, then you can win damages from them in a lawsuit. In recent years, the targets of wrongful takedowns have fought back and won damages and favorable settlements from individuals and companies sending bogus takedown notices. For instance, in Online Policy Group v. Diebold, Inc., 337 F. Supp. 2d 1195 (N.D. Cal. 2004), two students and their ISP sued voting machine manufacturer Diebold after it tried to use DMCA takedown notices to disable access to Internet postings of the company's leaked internal email archive. The court granted summary judgment to the students and ISP on their claim, finding that portions of the email archive were so clearly subject to the fair use defense that "[n]o reasonable copyright holder could have believed that [they] were protected by copyright." According to the EFF, Diebold subsequently agreed to pay $125,000 in damages and fees to settle the lawsuit. For another example, see Crook v. 10 Zen Monkeys in our legal threats database. Someone who has sent a baseless takedown notice about your content may be more inclined to back off if you remind him or her about section 512(f) of the DMCA, in addition to sending a counter-notice.
  39.  
  40.  
  41. Translation for people/s with no legal background:
  42.  
  43. Originally posted by EXPLANATION:
  44. Lets start with Bohemia:
  45. You AGREE that we allow other users to use, copy, modify and adapt Your content under the terms of this license.
  46. This gives everyone the same rights when it comes to user content for dayz. You can download and upload whatever you want. You do not need to pay or ask for any kind of permission from a legal perspective. However it is a common courtesy to ask the author for his/her permission but again from a legal perspective you DO NOT need this.
  47.  
  48. Now lets move onto steam:
  49. Specific Workshop-Enabled Apps or Workshop web pages may contain special terms (“App-Specific Terms”) that supplement or change the terms set out in this Section. In particular, where Workshop Contributions are distributed for a fee, App-Specific Terms will address how revenue may be shared. Unless otherwise specified in App-Specific Terms (if any), the following general rules apply to Workshop Contributions.
  50. This states that workshop enabled apps such as dayz may change the revenue terms and in this case bohemia have exercised their right to do this. So in this case Bohemia app specific terms overrule steam valve revenue terms. This means you can NOT sell mods created for dayz. Period! There is no way around this or loophole to be had. You are not allowed to sell mods. And yes this does mean packing code into a server mod pbo. The very moment that you create this and pack this into a pbo is the moment you agree to the terms outlined in the agreement.
  51.  
  52. Ipso-facto
  53. You have full legal rights to download any dayz mod/content and modify this as well as re-uploading it to your own workshop.
  54. Content creators, including myself have no legal basis or rights for denying or refusing ANY and ALL re-pack / re-upload permission.
  55. They do not have the legal rights to tell you what you can and cannot do with community made dayz content.
  56. Once again Bohimias Terms overrule steam terms in this regard as outlined in steams own terms as well as bohemias terms.
  57. That all being said and hopefully understood: It is still nice to ask an author for his permission but as outlined from a legal perspective you do not need to do this.
  58. You should also leave the appropriate credits to the original authors or anyone that was involved in its creation.
  59. You absolutely can NOT claim that the mod was created by yourself if it was not!
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