@Paul Jeffrey Can this thread be closed and the only person to be able to post in this is @SalamanderSoldier to keep us updated? So people, except @SalamanderSoldier, can still read but not post?
Please point me to the disclaimer that states the mod can only be used by gamers. If it's free and there are no stipulations as to how and by whom it can be used then it's free. And things that are free cannot be stolen.
Also it is pretty clear that you have no knowledge of what ip actually protects. It doesn't just protect stripes; it protects the body design as well. Even if the body design has little resemblance to the real thing, merely marketing it as a Ferrari constitutes an ip infringement.
Again I ask you to quantify the loss of income the OP suffered as a result of Codemasters actions.
Yes, he already mentioned about that.This model is the same too no ?
https://www.turbosquid.com/3d-models/max-f2002-schumacher-barrichello/1073183
Anyone?
Thought so too but time zones of the posts don't match up to UK day time hours. I haven't read through all the posts here but I'm guessing said poster is east Aussie or NZ. Most likely NZ. Their's a lot of salty New Zealanders.My impression is that the guy who stole the model is now posting on this thread making up stuff to save his a**, I hope Codemasters have higher moral standards than this guy. Ban him from working for Codemasters again and start working with the guy who created this beautiful mod instead.
I read all the replies... Damn!
Then it's true that the modding community is a big cancer.
The points here are these:
-The freelance artist couldn't use the model made by OP, that's clear. And he couldn't send it to Codemasters. That's clear too.
BUT.
-Also OP could not use any, and I mean any, design, logos etc. of the Ferrari F2002. They are property of Ferrari S.P.A. (or the respective owners when talking about sponsors)
I think that the bigger issue before resolving the matter with the freelance artist that stole the model, is to accept that the modding community works in a GRAY zone of the law. Almost a black zone, to be honest.
I don't mind if OP created the mod. No, I'm happy because is the best mod out there for Assetto Corsa. Even if I worked for Ferrari I wouldn't mind, because it's out for free. That's why the modding community always worked fine, 'cause the owners of the copyright (car companies) never cared to much about it.
BUT, when you sell the models you made for the mods, you're risking. A lot. Because nothing could stop Ferrari (or any other car company) to take down that model and bring you in front of a court of justice.
So, my advice is: "BE CAREFUL".
I'll also advice anyone to quickly download the latest version of the mod, because if things goes out of hands, the consequences could be bad. Try to work this out with the singular person that stole your model, and try to not bring Codemasters on the matter. Because then the way for the news to reach Ferrari or FOM would be quite short and dangerous.
In conclusion: The soon we accept that we are in a gray zone, the better. And remember: when you are in a gray zone, it becames hard to protect your rights. Very hard.
Its a gray area, because you, the purchaser, agree on using the model in the terms Turbosquid set upSelling the 3D model of Ferrari F2002 at Turbosquid like salamandersoldier doing is... legal or illegal?
I'm just curious.
OK...I understood that purchasers need to be careful about usage of those 3d Models.Its a gray area, because you, the purchaser, agree on using the model in the terms Turbosquid set up
https://blog.turbosquid.com/royalty-free-license/#Editorial-Usage-tip
So in general it seems like as long as you use the model in non-commercial ways you are free to go. Just like a kid drawing a Ferrari in school. Noone would sue it for pinning that drawing to the fridge.
- Products may not be used on any item/product for re-sale, such as a video game or t-shirt.
- Products may not be used as part of billboard, trade show or exhibit display.
- Products may not be used in any defamatory, libelous or otherwise unlawful manner whether directly or in context or juxtaposition with specific subject matter.
- The material may not be incorporated into a logo, trademark or service mark. For example, you can’t use Editorial content to create a logo design.
- The material may not be used for any commercial, non-news related purpose.
Ofc once you have the model files neither Turbosquid nor the original modeller can really control what you do with it. Even if Codemaster now would got through with that "deal", buying the model on Turbosquid, they would void the terms by retrospectively buying the model for commercial usage, even if they have the FOM and Ferrari licence.
Sorry, but I don't think that Codemasters has nothing to lose. In the end, they didn't even know that the model was stolen in the first place. That's why I'm suggesting OP to solve this matter with the person responsible for the thief. Codemasters could then symply fire him and replace the model with a Patch. But we will never know if that happens.Codemasters has a lot more to lose than this guy if it goes viral. Worst thing that can happen to the guy is Ferrari telling him to remove the files (you are delusional if you think that Ferrari will go to court when there are 100000000 things on the Internet using Ferrari ip), but Codemasters public image can be heavily damaged for bad practices.
Apparently its the lead internal codemasters artist who made the content ,If codemasters is planning to fix this then they also need to go back and and check probably every other model (not just cars!) that this contractor has made for them. Because if there is one rip then it is not impossible that there are others. Maybe other game companies need to check this as well if this person has created contract work for them. In worst case there are several and this ferrari is just the tip of the ice berg. Codemasters also need to take a hard look at how they verify the originality of the models they are buying. Stealing someone else's work is just really bad.
Even if Codemaster now would got through with that "deal", buying the model on Turbosquid, they would void the terms by retrospectively buying the model for commercial usage, even if they have the FOM and Ferrari licence.