Interpreting the Terms of Service for Google Sketchup and Turbo Squid

[Jewels Silverblade]

It seemed like a wealth of information for users to upload these products for sculpted and mesh items.  However, after some close obervations of the Terms of Serices for these websites I ran into a few questionable statements that I feel will cause numerous issues for some users.  While these programs are intended for users to enhance their own builds by creating new products, which they then import in world via sculpt or mesh it is the use of another creators items that is in question.  In particular when creators in second life resell the products from these sites without the written expressed permission from the content creators.  It could be leading the use of these products in Second Life to a cataclysmic result according to their copyrights.  According to Turbo Squid the following statement can be found in their terms of service

 

TurboSquid
http://www.turbosquid.com/FullPreview/Index.cfm/ID/289476

End User License Agreement (EULA)
 
John Boudreaux
posted this on May-11 2010 10:50

End User And Seller Agreement

II. License Agreement Between Seller and  Member
A. License Grant for transmission of Content from Seller to Member

Such use or republication, including sale or distribution of Content that is not Incorporated Content is prohibited. For illustration, approved distribution or use of Content as Incorporated Content includes, but is not limited to:

(i) As rendered still images or moving images; resold as part of a feature film, broadcast, or stock photography.

(ii) As purchased by a game’s creators as part of a game if the Content is contained inside a proprietary format and displays inside the game during play, but not for users to re-package as goods distributed or sold inside a virtual world.

(iii) As Content published within a book, poster, t-shirt or other item.

(iv) As part of a physical object such as a toy, doll, or model.

 

Google sketchup states the following:

 

Welcome to Google!
The Google 3D Warehouse is a place for people to gather and share 3D content, including models that are intended for use in Google Earth. Users may directly upload 3D models in the SketchUp and Keyhole Markup Language (KML) formats. Additionally, the 3D Warehouse is the storage repository for Building Maker models. Geographically positioned realistic models of current real-world items may be included in Google Earth and other Google properties.

1. Your relationship with Google

5.5 Unless you have been specifically permitted to do so in a separate agreement with Google, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

8. Content in the Services

8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Google (or by other persons or companies on their behalf). With the exception of Content generated by you, you may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Google or by the owners of that Content, in a separate agreement. For the avoidance of doubt, you may modify, distribute, and create derivative works of Content uploaded by other users in 3D Warehouse.

22.7 The Terms, and your relationship with Google under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Google shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

My concern and question then relate to the distribution and sales of creators in second life of materials that are obtained from sites such as these without the express written consent from the developers.  It is your belief that this oversight could be compromising the very existence of our virtual world if not carefully looked into for a proper interpretation of these statements made by their terms of service.  I would definately like to hear from the legal department of Linden Labs regarding their position of these terms and anyone whom has knowledge of copyright laws.  Is there anyone that can interpret what these statements truly are refering to and provide some clarification for the concerned builders of Second Life whom would otherwise use these resources?

[Peggy Paperdoll]

Your best bet for a definitive answer is to contact Linden Lab directly:

http://lindenlab.com/contact

 

Tell them your concerns and ask for any clarification or advice.  They will likely refer you to their legal department where you can recieve more accurate information.  Asking here will only get you opinions but nothing you can count on for accuracy.  Some of us might be experts in copyright/intellectual property rights but, even then, the information you get will likely be different from the policy or legal opinion that Linden Lab holds........and that is what counts.  We are just like you.....users with varying levels of expertise in various areas of a very wide range of subjects. 

 

Personally, I would not take anyone's word here as fact.  I just have no way of knowing if what they say is true.  And I don't believe you have a way to know that either.

[Chosen Few]

Good question.  This is precisely why LL requires that you have payment info on file, and that you complete a basic IP rights questionnaire before they'll allow you to upload meshes.  They want to make sure they know who you are in case there are any issues, and that you know it's not kosher to upload other people's property.

I'm glad you're concerned about what might happen to SL if people were to start abusing the mesh feature to upload unauthorized content.  Thank you for being so conscientious.  If everyone were like you, SL would be a better place.

You can relax a little, though.  LL, as an online service provider, is protected under the safe harbor provisions of the DMCA.  They are not responsible for the actions of individual users, as long as they continue to demonstrate that their purpose is not to promote copyright infringement, that they will remove infringing material from their system when and where they find it, and that they are responsive to and complaint with properly submitted takedown notices.  SL is in no danger as long as LL continues to do the right thing, as they always have.

 

As for the licenses you brought up, let's take them one at a time.

The intent of the TurboSquid license is quite clear.  If you obtain a model from their site, you can use it as part of a larger work, such as a video game, a film, a still rendering, etc.  That's exactly what those models are for, and you're encouraged to do it.

What you can't do is redistribute such a model as its own entity.  So, you cannot take a model from TS, and upload it to SL.

Some might ask what about a model that is incorporated into another model.  For example, say I take a TS model of a dragon, mount it as the masthead on a sailing ship I've made, and upload the whole thing to SL in one piece.  While that's arguably not quite the same thing as just uploading the dragon as a stand-alone item, it's still not allowed.  The license states that packaging models for redistribution in a virtual world is a no-no, without consideration as to whether they've been incorporated into other items.

In summary, if you got a model from TurboSquid, don't upload it to SL, period.

 

The Google 3D Warehouse TOS is potentially a bit more confusing in some of its wording, but it's still pretty simple.  The licensing provisions internal to the TOS itself are designed to protect Google's stuff, not users' stuff.  It prohibits you from copying, modifying, or redistributing any content that is part of the Google service itself, but it does not in itself bar you from doing anything at all with models uploaded by users.  What it does do with respect to user-owned content is allow individual users to assign their own licensing (see Section 11.3).  Each user is therefore free to be as restrictive or nonrestrictive as he or she wants.

What this means with respect to SL is that some models obtained from the 3D Warehouse will be allowable for upload to SL, and some won't.  You have to read the license for each specific model in order to know if it's allowed or not.

 

ETA:  Peggy is of course correct that you should not base your legal strategy on forum posts.  Consult an attorney if you're not 100% confident in your own understanding of the legalities (or even if you are).

[Jewels Silverblade]

Yes, thank you so much everyone for your responses.  Another question that pops into my mind upon reading your responses is what is the appropriate response to material content that is clearly been uploaded to SL from sites such as these that have been brought into SL and are in a clear violation of the creator's or sites terms of service policies?  Also, would the process be intitiated directly fromt he external creators or initiated from Linden Labs directly?  I am unfamiliar with the DCMA policy for Linden Labs, would it be possible for anyone to provide me with a link?  It is inspiring to see the talented creators that come to SL and shape this world in the everchanging environment that we enjoy so much.  After six years of participating in this world as both a resident and creator, it is its over all longevity and the concern for confusion over the contents that is a concern to us all.  With the initiation of mesh we have opened up an avenue which takes SL into a dimention of creativity that is refreshing, however with it comes greater responsability.  We take great pride in shaping the images that we are inspired to create.  Perfecting the love for a world that is fashioned by the imagination of its citizens is something we should truly value in our virtual worlds as well as protect.

[Peggy Paperdoll]

Linden Lab will not initate a take down of any content under the DMCA law because they can't.....the only one who can initiate the take down notice is the creator of the content or the owner of the intellectual property rights/copyright can do that.  LL can, of course, refuse to accept any content or remove any content they so choose.  Just not under a DMCA take down.  I see the reasoning behind such a limitation on the law but, sometimes, when the content is obviously pirated or stolem it would make sense for a provider like LL to do so...........the law says no, so they can't.

[Chosen Few]

Actually, DMCA does require that once a service provider becomes aware of infringement, they must remove the infringing material or at least block access to it.  A takedown notice is one way they can become aware, but it's not the only way.  They are free to use their own eyes as well.

But of course, simple visual observation isn't always a cut and dried method of recognizing infringement, which is why they won't necessarily act without having received a takedown notice.  They can't know for sure that apparently infringing materials are in fact infringing, just by looking.  For example, if I put Mickey Mouse and Donald Duck and all manner of Diseney owned properties all over some random island, that would appear on the surface as obvious infringement.  But what if the reason I did that is because Disney hired me to build them an SL version of Disney Land?  How would LL know that that's what's really going on, if no one's told them?

It's often most practical just not to act until and unless they've been asked to act.

[Chosen Few]

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Jewels Silverblade wrote:

what is the appropriate response to material content that is clearly been uploaded to SL from sites such as these that have been brought into SL and are in a clear violation of the creator's or sites terms of service policies? 

---

If you spot an infringing work, and you want to do your civic duty, contact the rightful owner, and give them all the info.  From there, it's up to them to decide if and how they want to proceed.

If it's your own work that's been copied, file a DMCA takedown notice.

 

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Jewels Silverblade wrote:

Also, would the process be intitiated directly fromt he external creators or initiated from Linden Labs directly?

---

Linden Lab has the right to remove any content from SL for any reason, or for no reason.  It's their system.

They're not likely to remove a suspected infringing work without a takedown notice from the owner, though, since it's really not their place to judge these things.  It's best they remain neutral, by simply complying with takedown notices and counternotices as they come in, without prejudice.  Leave it to the courts to determine who really owns what.  LL's wisest strategy is to remain as uninvolved as possible.

 

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Jewels Silverblade wrote:

I am unfamiliar with the DCMA policy for Linden Labs, would it be possible for anyone to provide me with a link?

---

http://secondlife.com/corporate/dmca.php

http://secondlife.com/corporate/tos.php

[Jewels Silverblade]

After carefully thinking on this and doing some more investigative work I have a new question.  If the individual buyers are purchasing merchaindise with real money brought into the game on a product that has been uploaded by means of infringement does this mean that the buyers also lose all that they have invested.  After all thousands of dollars are spent in second life by consumers on products that appear to be breaking copy right laws.  Would it be fair for a person to lose all that they have invested.?  Would this not be a means for LL to take more stricter stance on preventing imports that are clear infringment and how do they protect the buyer?  Would this mean that an item that has been sold in literlally thousands to consumers of a particular brand would be wiped in thier inventories as well?  Would a person whom invested hundreds of dollars from that particular creator lose all that they ligitemly paid for?  Is this a buyer beware situation and if so what about the products they have already invested in?

[Kwakkelde Kwak]

I would say Yes, yes yes..to all your questions.

As long as you couldn't have known the items were illegal, you can't be blamed though.

If his might ever happen and you lose content, all you can do is claim your investment and resulting losses. But that's something you will have to do and I'm not quite sure how helpful Linden Lab will be finding the person you bought from.