Faced with the strange accusation
How mental can you be? Can anyone show where Blizzard has granted them personally permission to access their files?
If I go back to the official website that grants me permission to some of these files: classic.battle.net/war3/files/ , we know this download gives us the source scene files for the Grunt, Peon, and Pandaren Brewmaster with some degree of permission express or implied to allow derivative works. Here is a snippet from its agreement:
The Program contains software which is utilized as a plug-in for Autodesk's 3Ds Max software product to create certain art files that can produce standalone graphic illustrations, as well as operate in conjunction with the Warcraft® III 'Campaign Editor' (the "Editor") to allow you to create custom levels or other materials for your personal use in connection with the Program ("New Materials"). Use of 3Ds Max is governed by the Autodesk, Inc. license agreement. All use of the New Materials is subject to this License Agreement. In addition, the Program can be utilized with the Editor to create New Materials that can be utilized in conjunction with Warcraft III to play over Blizzard Entertainment's online game network, Battle.net. Use of New Materials on Battle.net is subject to your acceptance of the Battle.net Terms of Use Agreement. Blizzard Entertainment reserves the right to update, modify or change the Battle.net Terms of Use Agreement at any time. All terms and conditions referenced therein are included herein, and in the event of a conflict in terms between the Warcraft III End User License Agreement and this License Agreement, the terms and conditions of the Warcraft III End User License Agreement shall prevail.
2. Ownership. All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof, and any New Materials (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by Blizzard Entertainment or its licensors. The Program is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. All rights are reserved. The Program contains certain licensed materials, and Blizzard's licensors may protect their rights in the event of any violation of this Agreement.
So I think someone would be well within their rights if:
(1) they created a modified Peon, Grunt, or Brewmaster from the tools in this download as permitted by the terms
(2) they expressly wrote as much on their Hive model download, noting that per the license the entire model file and all related IP (character name of the model, artwork of the model) is
owned by Blizzard Entertainment per the original agreement
[subject to the above agreement (see EDIT below: are "standalone illustrations" themselves "New Material" or not?)]
So this is where even from my childhood Blizzard did grant me express permission to access those 3 original character scene files and make derivative works, which I did. Two such derivative works that I recall clearly were: (a) FreakBrewmaster, who is a Pandaren Brewmaster whose head is upside down but still animates and talks and whose body is offset out of its original area but still animates properly, and (b) a Peon with an entire set of Alternate animations where his corpse got up and walked around like a zombie peon. In 2004 or whenever I created these New Materials, there was not really any community technology that I knew of that could have created almost anything like that. The only way I did it was because it was officially permitted due to the official art tools download.
What obviously muddies the waters here would be licensing on files whose original source scene files are not provided with that download. We know that some people created 3ds Max import plugins -- the reverse of War 3 Art Tools exporting system -- and then imported other Warcraft III characters in to make derivative works that were not included with War 3 Art Tools download. As an example in those days, I think I have some recollection of trying to import a Red Dragon back into 3ds Max using the NeoDex from BlinkBoy possibly although it has been some time.
At that point, if the 3D file were exported using War 3 Art Tools then I assume it would be subject to this agreement as written so exported New Materials created would be the intellectual property of Blizzard Entertainment per the agreement regarding New Materials.
But what if someone exported the file out using NeoDex if that also provided its own alternative exporter? At that point BlinkBoy might be in legal danger for possibly having violated the section of War 3 Art Tools agreement that says not to reverse engineer the Warcraft 3 export tool. But because enforcement failed to find and catch that one, if someone imports Red Dragon into 3DS Max and draws on a second pair of wings, then exports it with NeoDex:
- If the new character name is Four Wings Dragon, does Blizzard Entertainment own the intellectual property of Four Wings Dragon due to its having derived from their own Red Dragon? Or does the clause about Blizzard owning all intellectual property you create not apply because NeoDex has not the same license agreement as War 3 Art Tools?
- Does Blizzard own the intellectual property of the geometry of the third and fourth wings as authored by the user?
Across the years, this ambiguity has only grown. We can now make a file entirely in Retera Model Studio whose own license agreement is only two paragraphs:
MIT License
Copyright (c) 2023 Retera
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
Unlike the long, winding agreement of the old Blizzard art tools, which I only sampled from, these two paragraphs are
the entire license.
So who owns model files such as those in the Warsmash: April Fuels game, assuming that they were made entirely with Retera Model Studio? It is not expressly stated in this agreement that I nor Blizzard own your intellectual property. Instead, the only mention of anything seemingly related is that you agree not to hold me liable for any "infringement" or other similar problems you might cause by using this software. Essentially it's hands off: your issues left up to you.
So if I try to say that own the 3D model file of Goober, one of the main characters of April Fuels, knowing that I probably drew his 2D texture in gimp or Paint.NET and his 3D shape and animations on my own program with the aforementioned license, then...
Does Blizzard own that? If so, why? Is it because of the data format within which the character is stored?
I am not a lawyer and none of this is legal advice. But it seems like a more open question, and I hope I have showed that while Blizzard does have strict rulings about their ownership of intellectual property you create with their tools, there can still be gray area with regards to content uploaded to Hive.
And, again, saying that within the gray area a lot of it is Blizzard Entertainment-owned IP, does not to me equate to meaning that we should cast all licensing to the wind and let everything be a gentleman's agreement or else otherwise be considered "mental," a characterization which I here disagree with.
EDIT: In fact, if you reread the section of the War3ArtTools agreement that I quoted, I may have given Blizzard Entertainment
way too much credit regarding how this thing is worded. It mentions both "standalone illustrations" and use of these with "New Materials" on Battlenet. In my first pass trying to read this legalese, I interpreted it to mean that the standalone illustrations
ARE the "New Materials" but if I read it again it might instead be intentionally ambiguous so that if it ever came up Blizzard would have to fight over it in court. This agreement clearly points out Blizzard's ownership of your Warcraft 3 map and campaign files you make in the Editor, but is it saying your "standalone illustrations" are Blizzard's IP or not????
If not that would be even more reason for Hive to have a License declaration on assets!