Fair use and combining general with specific resource rules

[Ralle]

The rules have been updated. General resource rules has been combined into the rules for models, skins, icons and spells. So they are now 'The resource rules'. I have yet to update maps/packs/tools rules to be standalone. The rules have also been updated to allow copyrighted material under the fair use clause.

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A few weeks ago it was revealed that a member of the site over multiple years submitted tons of models that were partially based off assets from a non-Blizzard game. He created the models himself but was using textures he modified from the game. This was against the rules and we were about to lose a great deal of well-made creations unless we did something. In fact, most people who became aware of the situation felt that this was injust and that we were doing the wrong thing. We were just following the rules at the time. This was sparked because of that but has been discussed many times in the past.

Until today we allowed the use of foreign assets from the following sources:
- Blizzard's other games because we have received explicit permission
- Assets distributed with a permitting license

Now, the logic behind why we don't allow assets from any other place is that it is likely copyright infringement. I was under the impression that as long as we don't do this, we are safe. But I was recently informed that even creating a scratch made model of e.g. Voldemort and calling it Voldemort can also be considered copyright infringement. Even remaking the concept of a mean noseless wizard called Voldemort is copyrighted infringement. So even today, we might have resources that are infringing on copyright even if made from scratch.

So, from now on we are going to rely on Fair Use until otherwise informed. Our use is not detracting much if anything from existing games and nobody will be making money from the assets anyway. I can make a good case for this to be classified as fair use.

By allowing this, just like with Blizzard resources we still have high standards about fitting into the WC3 universe. And just like Blizzard resources we require credits and a description of what the submitter created and what he/she didn't and where it came from. We will also be requiring a specific tag to be applied to all bundles containing resources that use data from any external source. In a future version of the site, this will allow filtering out this type of content for those who don't want to see it.
An extra thing here is that if we ever receive a DMCA takedown, we will of course reserve the right to remove the resource immediately. We will comply with the law but in a more laid-back manner.

This has been discussed in the past and someone said it would diminish the value of scratch-made resources. I don't agree. A quality scratch made resource is always amazing and people who know the difference will know to appreciate them. And there will be the tag. We are also talking about making a special sort of tag/feature section for things done the "right" way and of good quality. Sort of like the old Director's Cut but possibly more achievable but should also reflect that the resource is 100% homegrown/organic.

Resource Submission Rules (Models, skins, icons, spells)

 

[A Void]

So, from now on we are going to rely on Fair Use until otherwise informed. Our use is not detracting much if anything from existing games and nobody will be making money from the assets anyway. I can make a good case for this to be classified as fair use.

I believe this is a positive step forward! Fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an infringement.

An extra thing here is that if we ever receive a DMCA takedown, we will of course reserve the right to remove the resource immediately. We will comply with the law but in a more laid-back manner.

Nexus Mods has been doing this for quite some time now.