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Bioware Revises NWN EULA

Posted by michael on from the legalese dept.

malaire writes "Assistant Producer Derek French of Neverwinter Nights has posted the new EULA for all to see. This addresses most concerns raised by the community about user-created content for the game." Our story noting the EULA concerns makes interesting, if somewhat confusing, reading.

3 of 158 comments (clear)

  1. I like this part -- by Tranvisor · · Score: 5, Interesting

    6. Revocation of Rights. Infogrames and/or BioWare may at any time and in their sole discretion revoke your right to make your Variations publicly available (whether you are Distributing or Serving), provided that Infogrames and/or BioWare shall not revoke your right to Distribute a Variation if Infogrames and/or BioWare is, at the time of such revocation, using or distributing such Variation.

    So they actually put in their EULA that if they sell a expansion pack with your mod in it, they won't take away your distribution rights of said mod just to bump their profits. :)

  2. copyright is the problem by _|()|\| · · Score: 3, Interesting
    Wake up, no matter what some silly EULA says, aftermarket modifications that you spend your time on are yours. ... no judge would let a company steal those rights from you because of some contract you did not sign before the sale.

    While the enforceability of EULAs is still being tested in the courts and tweaked by the likes of UCITA, it is copyright law that dominates, here. Copyright law grants to the author the exclusive right to create derivative works. You cannot mod, so to speak, "Gone With the Wind."

    There was (and may still be) a group working on a Matrix FPS mod. It's a waste of time, because Warner Bros. has granted an exclusive Matrix license to a commercial game company. If the mod is any good, it will be suppressed, just like the Alien TC for Doom.

    The NWN EULA adds to, rather than detracts from, fair use. I just don't find the additional grants compelling.

  3. Scenario : Street Lawyer Comments Welcome by Afty0r · · Score: 2, Interesting

    I would like to make content for NWN, and I would like the ability to distribute it how I like, and retain my own copyright (preventing Bioware from taking away my rights - they may if they wish agree licensing terms with me for my copyrighted work).

    So, I buy NWN, take it home, fire up the installer and then I get my flatmate to click the 'accept the license agreement' button. Next, I play NeverWinterNights, and use their tools to create my own content. I distribute my new content *without any of their original content whatsoever* included.

    Problem solved? I'm not sure.
    1] Is it possible to distribute NWN content without any original content?
    2] Is there an EULA clause saying 'If you install this software, you may not allow anyone else to play the game, or use the tools?'