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The legality of uploading a ripped model from a video game...


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Before I go ahead with this I wanted to run this by the forums first. Ripping video game models in and of itself is not illegal. I've done it before, it's a simple enough process even with rigging. What I am unsure about is the uploading onto Second Life. I assume as long as I don't plan on making a profit on it (definitely illegal as it's not my property) then it's fine but I would really like someone who is more legally savvy than me to correct me if I'm wrong. I just finished ripping the model and will hand it over to a friend who knows how to import stuff into Second Life, and after that, the model will remain between the two of us, not for sale, but just for my personal use. 

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7 minutes ago, backonthegrid said:

Before I go ahead with this I wanted to run this by the forums first. Ripping video game models in and of itself is not illegal. I've done it before, it's a simple enough process even with rigging. What I am unsure about is the uploading onto Second Life. I assume as long as I don't plan on making a profit on it (definitely illegal as it's not my property) then it's fine but I would really like someone who is more legally savvy than me to correct me if I'm wrong. I just finished ripping the model and will hand it over to a friend who knows how to import stuff into Second Life, and after that, the model will remain between the two of us, not for sale, but just for my personal use. 

I dont think it matters if its for personal use or not, you have agreed to the TOS and need to hold the IP rights of the item.  https://www.lindenlab.com/tos#tos7

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1 minute ago, Cindy Evanier said:

I dont think it matters if its for personal use or not, you have agreed to the TOS and need to hold the IP rights of the item.  https://www.lindenlab.com/tos#tos7

Hate to say it but I never read TOS on anything. I just take it for granted that I know them when clearly I do not. Thanks for saving me any possible trouble! 

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22 minutes ago, Lillith Hapmouche said:

 is quite a mirror thread to this one.

Except that person seems anti-ripping. If it weren't against TOS I would rip and have mine model uploaded since a ton of people do it. But it very well would be my luck that I'd be the one punished. Though in truth I don't really see the copyright holder sending a message telling me not to use the model, I think that would be the only way LL would get involved, but that's just pure speculation and not worth much salt. 

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5 hours ago, backonthegrid said:

Before I go ahead with this I wanted to run this by the forums first. Ripping video game models in and of itself is not illegal. I've done it before, it's a simple enough process even with rigging. What I am unsure about is the uploading onto Second Life. I assume as long as I don't plan on making a profit on it (definitely illegal as it's not my property) then it's fine but I would really like someone who is more legally savvy than me to correct me if I'm wrong. I just finished ripping the model and will hand it over to a friend who knows how to import stuff into Second Life, and after that, the model will remain between the two of us, not for sale, but just for my personal use. 

It's still against the TOS even if it's just for personal use.

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5 hours ago, backonthegrid said:

Hate to say it but I never read TOS on anything.

In order to upload Mesh to SecondLife you have to go through a series of questions about IP, brands, logos, copyright; it is crystal clear from those that you cannot upload models for which you do not have permission from the creator.

Unless they've changed things since I took the test, that is...

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4 hours ago, Profaitchikenz Haiku said:

In order to upload Mesh to SecondLife you have to go through a series of questions about IP, brands, logos, copyright; it is crystal clear from those that you cannot upload models for which you do not have permission from the creator.

Unless they've changed things since I took the test, that is...

Nope - no test anymore.  All I had to do was click a box that said I'd basically read the rules and agreed to them.

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10 hours ago, backonthegrid said:

Before I go ahead with this I wanted to run this by the forums first. Ripping video game models in and of itself is not illegal. I've done it before, it's a simple enough process even with rigging. What I am unsure about is the uploading onto Second Life. I assume as long as I don't plan on making a profit on it (definitely illegal as it's not my property) then it's fine but I would really like someone who is more legally savvy than me to correct me if I'm wrong. I just finished ripping the model and will hand it over to a friend who knows how to import stuff into Second Life, and after that, the model will remain between the two of us, not for sale, but just for my personal use. 

So.... you do not have any moral / ethical issue with stealing someone else's work for your own personal use?

 

That does say a lot about your character.

 

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It appears that game models would be handled through the DMCA process. You could upload it and use it privately or try selling on the marketplace but if the game company learns about it they might file a DMCA takedown which removes it from SL and gives your name, address and telephone number to that company’s lawyers. Intellectual property is very important to media companies without any physical assets. If this company is Disney you should move to Alaska and hide in a cabin For the rest of your life. 

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57 minutes ago, Bree Giffen said:

It appears that game models would be handled through the DMCA process. You could upload it and use it privately or try selling on the marketplace but if the game company learns about it they might file a DMCA takedown which removes it from SL and gives your name, address and telephone number to that company’s lawyers. Intellectual property is very important to media companies without any physical assets. If this company is Disney you should move to Alaska and hide in a cabin For the rest of your life. 

My understanding is that the filer of of a DMCA takedown notice only gets information about the uploader if a counter-notification is filed. Am I mistaken?

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I wish there were more human animesh models in SL that weren't ripped from video games. Look on Marketplace. SL has the Star [Trek|Wars|Gate] franchises well covered. The Marvel Overextended Universe is well represented. So is Game of Thrones. Plus way too many zombies. After those, most of the human low poly models are not very good.

It's hard to find low poly animesh models that aren't game rips. I'm always looking for generic background characters to make NPCs to populate stores and malls. I bought a few on marketplace, then found that some I'd bought were background characters from games. You might be able to claim "transformative use" for those. They're not famous characters or brand names, more like "anonymous third extra from the left in bar crowd," so there's no trademark issue.

I have the open source Ruth and Roth animesh, with various clothing I put on them, but need more variety.

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41 minutes ago, Jennifer Boyle said:

My understanding is that the filer of of a DMCA takedown notice only gets information about the uploader if a counter-notification is filed. Am I mistaken?

That’s right! Only if the uploader contacts them or files a counter notice. 

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The action of ripping a model isn't really the problem, it's what you do with it after that is.

But uploading a model, any model, in secondlife is essentially distributing it. Even for personal use, this model will be replicated on the screen of every computer that can see it. If you aren't the IP holder, that is not a right you are given.

Edited by Kyrah Abattoir
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On 9/22/2020 at 12:25 AM, backonthegrid said:

Before I go ahead with this I wanted to run this by the forums first. Ripping video game models in and of itself is not illegal. I've done it before, it's a simple enough process even with rigging. What I am unsure about is the uploading onto Second Life. I assume as long as I don't plan on making a profit on it (definitely illegal as it's not my property) then it's fine but I would really like someone who is more legally savvy than me to correct me if I'm wrong. I just finished ripping the model and will hand it over to a friend who knows how to import stuff into Second Life, and after that, the model will remain between the two of us, not for sale, but just for my personal use. 

I don't know what you mean by "ripping".  There are certain models you can download for free but they must be for personal use only and be used for a "closed" end.  

I was reading the terms of one of the companies outside of SL myself about their models as I was interested in what the terms are exactly, and they are vague to me.  The terms also give an example of a closed end use and gives the example of World of Warcraft where it's placed and not moved nor replicated nor sold and this is allowed for WOW.  Then the terms read...may not be used for Second Life because Second Life is "open".  So, one site allows using models for personal use if it's a closed end but then I'm gathering their are fears about SL because it's open and it's open to copy-botters.  Therefore, the main thing with some of these confusing TOS regarding it may be used if it's a closed end use only, since it's confusing, your best bet is to contact the creator.  If they know your real name and you just want to set up a house here, they may give their approval.  It's iffy with this because of the copy-botting that goes on here in an open end platform, I'd gather.  

Edited by FairreLilette
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On 9/22/2020 at 12:25 AM, backonthegrid said:

Before I go ahead with this I wanted to run this by the forums first. Ripping video game models in and of itself is not illegal.

It's basically 100% flat out illegal.

See all the laws on the DMCA, and well... Copyright laws going back way before that also.

Also... ripping the models themselves might also be illegal in some jurisdictions - anywhere where violating a ToS / EULA is illegal. There have been numerous efforts by industry to make violating a TOS illegal. Sometimes as a major felony involving sentences that make murder seem less serious... in a few places they have even managed to get those laws enacted... and when you go to fight the legitimacy of that law... consider how which lawyers & lobbyists can you afford vs which can they afford...

Just because you CAN do something, doesn't mean it's legal... that should be kind of obvious...

 

Edited by Pussycat Catnap
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