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<blockquote data-quote="Ovinomancer" data-source="post: 7308487" data-attributes="member: 16814"><p>Thinking that TOS is laughable is a mistake -- it's not. Further, your examples are bad.</p><p></p><p>The first may get a pass under fair use because it's a limited release of non-core IP after a transformative process. Since the display focuses on the transformation rather than the IP, this may squeak in under fair use.</p><p></p><p>The second is a licensed product. That kinda completely disarmed discussion about IP violation when you're directly licensed to distribute the IP. Also, it's a cool pack.</p><p></p><p>The third -- Nexus exists <em>because </em>of the creation kit TOS. They exist because the TOS allows that service to exist. Since mods are allowed, a site hosting mods is allowed so long as they promptly respond to DMCA requests per the law. And they do -- they do mod take downs for violations fairly often. Most fix what's wrong and come back.</p><p></p><p>The fourth is Nintendo's problem, not Bethesda's. Until Nintendo issues a takedown request it's not the hosting company's responsibility to enforce Nintendo's copyrights.</p><p></p><p>The last is, again, covered by the TOS, because it uses allowed Bethesda content for a Bethesda game.</p><p></p><p>But, again, to circle back to the point: 1000 people can do it before you and you can still be stopped for speeding. Same with IP violations. Do not convince yourself otherwise.</p></blockquote><p></p>
[QUOTE="Ovinomancer, post: 7308487, member: 16814"] Thinking that TOS is laughable is a mistake -- it's not. Further, your examples are bad. The first may get a pass under fair use because it's a limited release of non-core IP after a transformative process. Since the display focuses on the transformation rather than the IP, this may squeak in under fair use. The second is a licensed product. That kinda completely disarmed discussion about IP violation when you're directly licensed to distribute the IP. Also, it's a cool pack. The third -- Nexus exists [I]because [/I]of the creation kit TOS. They exist because the TOS allows that service to exist. Since mods are allowed, a site hosting mods is allowed so long as they promptly respond to DMCA requests per the law. And they do -- they do mod take downs for violations fairly often. Most fix what's wrong and come back. The fourth is Nintendo's problem, not Bethesda's. Until Nintendo issues a takedown request it's not the hosting company's responsibility to enforce Nintendo's copyrights. The last is, again, covered by the TOS, because it uses allowed Bethesda content for a Bethesda game. But, again, to circle back to the point: 1000 people can do it before you and you can still be stopped for speeding. Same with IP violations. Do not convince yourself otherwise. [/QUOTE]
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