Pas:
"Many years ago now one of our member's contacted Maxis and asked them about custom content and paying for it, if it was allowed or not. I contacted them myself, after i couldn't find that letter, to get some up to date information from them, below is the letters that i sent plus the responses:"
Customer 05/17/2007 12:42 PM
Hello!
I would like some additional information on this subject:
You may include materials created with the Tools & Materials on your
personal noncommercial website for the noncommercial benefit of the fan
community for EA's products, providing this is beneficial to the product(s)
in EA's judgement, and provided that if you do so, you must also post the
following notice on your site on the same web page(s) where those materials
are located: "This site is not endorsed by or affiliated with Electronic
Arts, or it's licensors. Trademarks are the property of their respective
owners. Game content and materials copyright Electronic Arts Inc. and its
licensors. All Rights Reserved. You will not represent that your site is
endorsed or approved by or affiliated with EA or our licensors or that any
other content on your site is endorsed or approved by or affiliated with EA
or our licensors.
(this is found in
the bodyshow TOS, which a copy of this is found
HERE)
The way I have understood it as being that you couldn’t open a complete paysite that charges monthy subscriptions for sometimes around $9.95.
You may or may not know but there has been a feud amongst the sims community
for many years now, and I would like an un-biased response, when it comes
down to it, is it allowed to have a personal website that is purely for
commercial purposes?
I do not have a website, nor do I charge for anything that I have created
for the game so I just wanted you to clarify the exact meaning please
Many Thanks
xxxxxxxxxxxxxxxxx
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Response (GM Fenris) 05/18/2007 11:46 AM
Hello xxxxxxxxxxxxxxxxx,
Thank you for contacting Electronic Arts.
To answer your question: Yes, running a paysite featuring content for the
Sims 2 is considered to be a violation of both the Electronic Arts Terms of
Service and copyright law. This includes both content that is sold directly
and content that is offered as part of a subscription service. Additionally,
the intent behind providing these tools to the
Sims 2 community
was to promote the sharing of content, not commercial
activity. If you know of a site that is offering Sims 2 content as a
pay-service, we would ask that you please let us know so that we can take
the appropriate steps to address the situation.
If you have any further questions, please let us know.
Take care,
EA Rep Fenris
Player Relations
Electronic Arts
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Customer 05/18/2007 03:08 PM Hello,
Thank you for responding so quickly to me.
You said: If you know of a site that is offering Sims 2 content as a
pay-service, we would ask that you please let us know so that we can take
the appropriate steps to address the situation.
I have actually heard this before, when someone else emailed you about the
exact same problem a few years ago, but nothing got done when she replied
with the pay site list. Pay sites within the sims community has gone far and
wide, with prices raising each time they produce a pay set. I myself have
spent around a good £200-£350 within the 4 years since sims 1 came out. I do
like these sets that i'm paying for and they are wonderfully done, so really i am a glutton for punishment. But you said: promote the sharing of content,
my response would be that if you intended this to happen in the first place
then you should have written something somewhere for people to read. I'm
sorry if i'm now sounding a bit negative, but people are getting banned
left, right and center for sharing the content, even on the exchange. They
go to the lengths of getting any personal information they can about you,
and will have your paypal account stopped, threatening to contact your ISP
company to have your service cut off by claiming copyright laws, which as i
understood it as: if you put anything into a package file, they do not hold
any copyright as a creator, as EA over-rides it!
Lawyer letters getting sent to the site, that i moderate at, as well as to
the hosting company screaming copyright and as quick as a flash we're gone
and having to move to the next hosting because of it, all because we are
doing what the TOS have stated, sharing the custom content of the game.
Peggy Sims 2 who has stated that she is doing this as a job to live off it,
who charges $9.95 a month. The Sims Resources, who have so many hundreds of
free content, BUT to be able to use the CC you will have to get a
subscription to be able to buy the meshes. Blog entries from sims creators
moaning that they can't get a job but will happily put a site up for the
money. It's all getting beyond a joke. Because of the way, i feel, it hasn't
been stated clearly enough, for people that do create to understand that
sharing of Custom content is not illegal and that you even encourage it!
You replied with: If you know of a site that is offering Sims 2 content as a
pay-service. Would over 100 paysites that i know of you want listings of? or
would you need more proof of these transactions of money?
Sorry for ranting but i've seen a lot happen in the last 4 years of being a
member of the community that when i've started venting i couldn't stop.
Thanks for taking the time to read this and please let me know what you
would like, a list or proof?
xxxxxxxxxxxxxxxxx
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Response (GM Fenris) 05/18/2007 03:47 PM
Hello again xxxxxxxxxxxxxxxxx,
I can certainly understand your frustration over this issue, as it probably
is not always clear whether EA is interested in pursuing these sorts of
cases. However, I can assure you that,
legally,
Electronic Arts owns the rights to all material created from our engine, and
that the sharing of said material for free on community sites is completely
legal, even if it is material that some players are attempting
to sell. If you would like to submit a list of these pay sites, I will be
more than happy to pass it on to the EA Legal team to review.
Take care,
EA Rep Fenris
Player Relations
Electronic Arts
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