- Joined
- Mar 19, 2017
- Messages
- 248
You don't lose your IP by accepting a contract like the Policy or the EULA, unless it is in the scope of ownership exceptions by virtue of an act such as a contract and that your copyright law contemplates. See your copyright law and fear no more. Also stop thinking that you are shitting Blizzard for uploading obscene maps and thinking "but they own that".
If you are chilean i know the fact that the "developer-modder" relation is not in the scope of such exceptions so you pass directly to point a.1.
Note that this is strictly on the topic of Copyright rights and regarding a majority of cases. Map files (information) is not the same as a right.
1. You created something worthy of Copyright.
Copyright ownership exception? Yes/No (99% that no copyright ownership exception applies).
a.1) No; general rule applies: owner of copyrights is the material author (ie. modder, creator of the icon).
a.1.2. Has Blizzard enforced his contractual right to materialize an assingment/license over your rights? (this include bullying you into saying that they are the owners) Yes/No
a.1.2.1. Yes; you must materialize the act as it is a contractual obligation born by accepting the contract, can you actually do it? Yes/No
a............1. Yes (you haven't either renounced your rights or assigned/exclusive licensed to another person); contact a lawyer so to proceed to negotiate the assignment. You should get paid for that. Blizzard could even offer you to work for them as employee. In it this exact last case (work relation) then maybe an exception to ownership will apply in the end as i noted on point a.
a............2. No (you did the above); contact a lawyer but because you could/will get sued and/or bullied.
a.1.2.2. No; proceed to continue mapping if you want. Or else. In the meantime, Blizzard might use your IP or not. If you get too cocky or combative ("that IP is mine bro"), maybe they do as in point a.1.2.
a.2) Yes; exception applies (low chance for that to happen, i would say 0%, but see please see your law): ownership of copyrights is Blizzard's by virtue of accepting the contract, unless voided the point "1.Ownership" of the Custom Game Acceptable Use Policty in court . Contact a lawyer if you want to do it so.
2. You don't (very likely), maybe one day you will get to point 1 (see above).
How to interpret that clause then? In my opinion is akin to a "first buy option" clause but redactated in a bullying way. Blizzard has the contractual right to constitute as assignee or licensee (think of "buyer" or "renter") of your IP before anyone else and you have the obligation to respect that. This is a valid pact but you could challenge its application if you and your lawyer want. But isn't this much more logic and even reasonable? This also clicks with the Icefrog case.
This analysis must be done over every single copyrightable aspect of the Custom Game (ie. every single custom icon, every single custom model, every single custom skin, analysing the map as a game). If an aspect is made by a third party, then you don't have a copyright interest at all.
What is worthy of Copyright? Short answer what is not a blatant copy of another work. This includes complete original works and works based on other original works also called derivative works (the criteria here is fundamentally not just technical but as "products", ie. enhanced versions). Loose modifications are not derivative works but this is a question of degrees in the end (what is "loose modification"?).
Still, and by some legal aspects i saw on the EULA, complete original custom games, icons, model meshes, skins, etc, are those that grant the best copyright interest for modders. Derivative works are in a limbo in my opinion. So if you want copyrights work hard i guess.
Don't discuss the aspect of the enforceability of the EULA. It is enforceable unless you challenge it in court and by knowing what you are doing. This really has nothing plausible enough regarding the acceptation of the EULA/Policy. If you claim ownership over a custom map made with the Editor, then you get the notice of all the legal contracts on the installation of the program itself. Which is to say, if you made a map, you used the Editor, and if you used the Editor then you know what are the rules.
If you think you have a special case contact a lawyer.
