Do you include seeds and iOS apps? Someone on a seed list copied my screenshot and my viewers. Here's the original link: http://minecraft-seeds.net/seed/1.7.2-1.7.9/128istwostacks/#comment-6339. I've updated it to use my new skin and a watermark. Also, someone recorded a mod review without my permission or credit on YouTube with the URL (doesn't include youtube.com, manually add that): /watch?v=SE9AJFd4rhc. There is another one at /watch?v=MBw_s-Lgwz4, too.
What mod are the videos allegedly claiming ownership of? Note that a seed is not a mod, and probably can't be copyrighted as factual information (e.g., a given seed generates a given world) cannot be copyrighted.
Reviewing something is explicitly covered under fair use in US copyright law; no permission is required.
Looks like you have a custom spawner (DrZhark's Custom Spawner). Custom spawners can break that overlay, as they don't have to obey light levels for spawning mobs. AFAIK the NEI overlay disables itself if a custom spawner is present, so it doesn't risk telling you you're safe when you're not.
Client> Exception in thread "Client thread" [20:48:51] [Client thread/INFO] [STDERR]: [java.lang.Throwable$WrappedPrintStream:println:-1]: java.lang.OutOfMemoryError: PermGen space
This is probably the cause. Try increasing the permgen space by adding -XX:PermSize=256m to the JVM arguments in your launcher profile (just like for increasing the RAM size). If it still crashes the same way, try changing the 256 to 384 or 512.
If mod rights holders know and exercise their rights (e.g., DMCA takedown requests if applicable), they can stop this kind of unauthorized redistribution. Preventing sites from unauthorized distribution is arguably more effective than compiling and curating a list of sites and asking people not to use them. Maybe the list could have a notice to mod rights holders at the top that refers them to information about what rights they may have and how to exercise them?
skydaz has 3 download links for each mod, 1 links to the original download, 2 are installers (pretty much redistribution)
Has that site obtained specific permission for each mod they redistribute? If not, how is that site different from any other site that redistributes mods without permission from the rights holder?
Art assets from scratch should be covered regardless of what the EULA claims. You could also claim copyright on other material such as writing (say you wrote a story for an MC mod). I'm not sure about code since we are doing it in java rather than a script created by Mojang. We should be able to DMCA things that contain our art, writing, and java code. You may not own the complete rights to the mod, but I think you own the aforementioned elements in the mod, which is enough to claim copyright infringement. If not, then who owns unique art, writing, and code?
An EULA can alter rights normally available under copyright. The Mojang EULA does so for "content", by granting rights to others (Mojang at a minimum) that would not otherwise be available to them.
In my non-legal opinion, the creator may still own unique art, but the EULA may have granted rights to others that supercede rights that the owner would otherwise have under copyright law (e.g., distribution). Ownership alone is not enough to claim copyright infringement--you have to have the rights you want to enforce, and the alleged infringer must not have the rights they're claiming.
If you make any content available on or through our Game, you must give us permission to use, copy, modify and adapt that content. This permission must be irrevocable, and you must also let us permit other people to use, copy, modify and adapt your content. Mojang has permission, and may give it to anyone else. They aren't giving permission to anyone, just claiming the right to do it.
That's your interpretation.
"Let us permit" may be granted passively, not actively. I've seen similar wording on other EULAs where it's more clear that the extended rights are granted and transmitted automatically. The two sentences following the quoted bit go beyond other EULAs I've read and make it very clear that other people may do things with your content that you don't want them to do; if they didn't have the rights to do so, those last two sentences seem out of place.
It would be unfortunate for a content creator to attempt a DMCA takedown or other legal action only to find that they don't have the rights they're claiming, by virtue of the Minecraft EULA. Were I a content creator, I would seek legal advice before attempting to limit any use, copying, modification, or adapting of content I've created.
The same thing applies for maps and resource packs.
Aren't those things "content" according to the EULA, which stipulates that making them available to anyone requires assigning Mojang and everyone else extensive rights that override copyright?
CONTENT
If you make any content available on or through our Game, you must give us permission to use, copy, modify and adapt that content. This permission must be irrevocable, and you must also let us permit other people to use, copy, modify and adapt your content. If you don‘t want to give us this permission, do not make content available on or through our Game. Please think carefully before you make any content available, because it will be made public and might even be used by other people in a way you don‘t like.
I would also like to point out that even if the EULA said Mojang owned all mods, we would still have copyright. Laws (should at least) overrides EULA's.
The EULA is a legally-binding agreement--it's "law" (unless overturned in a court of law).
Many EULAs include clauses that reassign ownership or copyrights, or that grant additional rights or remove existing protections. For example, the Minecraft EULA explicitly grants Mojang extremely broad rights that would otherwise be prohibited under copyright:
If you make any content available on or through our Game, you must give us permission to use, copy, modify and adapt that content. This permission must be irrevocable, and you must also let us permit other people to use, copy, modify and adapt your content.
It's unclear to me from the EULA whether mods are considered "content". Maybe not, given that the only reference to "mods" is in a previous section. On the other hand, I'd put money on Mojang'sMicrosoft's laywers if it came to it...
This is essentially the direction the IRC discussion is heading in. We're considering forming a guild of modders to draft a license that is appropriate for modders. I guess it would be similar to GNU drafting the GPL. We're thinking of using someone's old MMPL as a rough draft.
I am not a lawyer, this is not legal advice.
I've contributed to some open-source mods and have written multiple mods for personal/private use. I have first-hand experience with litigation involving some of the licenses in this thread, and with software and content licensing in general.
Writing a license agreement without the help of qualified experts may end in disaster. A former colleague modified a licensing agreement himself, but was convinced to run it by a lawyer before using it. The lawyer changed one word. Later, that single word change saved the colleague from a 7-figure licensing-related dispute.
Copyright law has a lot of teeth, and DMCA takedowns are very powerful. Laws around distribution, like wrapping a mod in an installer, or repackaging it in some way, may fall entirely under copyright. Laws around linking are much less clear, especially outside the US. Linking by some methods such as adfly wrappers may fall under the terms of service of those sites.
0
What mod are the videos allegedly claiming ownership of? Note that a seed is not a mod, and probably can't be copyrighted as factual information (e.g., a given seed generates a given world) cannot be copyrighted.
Reviewing something is explicitly covered under fair use in US copyright law; no permission is required.
0
Looks like you have a custom spawner (DrZhark's Custom Spawner). Custom spawners can break that overlay, as they don't have to obey light levels for spawning mobs. AFAIK the NEI overlay disables itself if a custom spawner is present, so it doesn't risk telling you you're safe when you're not.
0
This is probably the cause. Try increasing the permgen space by adding -XX:PermSize=256m to the JVM arguments in your launcher profile (just like for increasing the RAM size). If it still crashes the same way, try changing the 256 to 384 or 512.
1
0
Has that site obtained specific permission for each mod they redistribute? If not, how is that site different from any other site that redistributes mods without permission from the rights holder?
0
An EULA can alter rights normally available under copyright. The Mojang EULA does so for "content", by granting rights to others (Mojang at a minimum) that would not otherwise be available to them.
In my non-legal opinion, the creator may still own unique art, but the EULA may have granted rights to others that supercede rights that the owner would otherwise have under copyright law (e.g., distribution). Ownership alone is not enough to claim copyright infringement--you have to have the rights you want to enforce, and the alleged infringer must not have the rights they're claiming.
0
That's your interpretation.
"Let us permit" may be granted passively, not actively. I've seen similar wording on other EULAs where it's more clear that the extended rights are granted and transmitted automatically. The two sentences following the quoted bit go beyond other EULAs I've read and make it very clear that other people may do things with your content that you don't want them to do; if they didn't have the rights to do so, those last two sentences seem out of place.
It would be unfortunate for a content creator to attempt a DMCA takedown or other legal action only to find that they don't have the rights they're claiming, by virtue of the Minecraft EULA. Were I a content creator, I would seek legal advice before attempting to limit any use, copying, modification, or adapting of content I've created.
0
Aren't those things "content" according to the EULA, which stipulates that making them available to anyone requires assigning Mojang and everyone else extensive rights that override copyright?
0
The EULA is a legally-binding agreement--it's "law" (unless overturned in a court of law).
Many EULAs include clauses that reassign ownership or copyrights, or that grant additional rights or remove existing protections. For example, the Minecraft EULA explicitly grants Mojang extremely broad rights that would otherwise be prohibited under copyright:
It's unclear to me from the EULA whether mods are considered "content". Maybe not, given that the only reference to "mods" is in a previous section. On the other hand, I'd put money on
Mojang'sMicrosoft's laywers if it came to it...0
I am not a lawyer, this is not legal advice.
I've contributed to some open-source mods and have written multiple mods for personal/private use. I have first-hand experience with litigation involving some of the licenses in this thread, and with software and content licensing in general.
Writing a license agreement without the help of qualified experts may end in disaster. A former colleague modified a licensing agreement himself, but was convinced to run it by a lawyer before using it. The lawyer changed one word. Later, that single word change saved the colleague from a 7-figure licensing-related dispute.
Copyright law has a lot of teeth, and DMCA takedowns are very powerful. Laws around distribution, like wrapping a mod in an installer, or repackaging it in some way, may fall entirely under copyright. Laws around linking are much less clear, especially outside the US. Linking by some methods such as adfly wrappers may fall under the terms of service of those sites.