Wondering if loaning out a resource pack is ok

[Tanrex 2]

 if it was for my game? Because I'm terrible at mapping. And if they deleted the pack afterward.

[PhoenixSoul 1,404]

Hmmm...

 

This is in the 'massive gray area' category.

You see, there's a lot of different issues that could be involved, especially if it is a paid resource. That said, if the sole purpose is for assistance in game development, I'm pretty sure that there should be little to no overall issues with this, but this would be something you'd have to discuss with the creator/s of the resource pack, if that is possible (in a lot of cases especially nowadays just getting in touch is very difficult if not impossible for a near infinite amount of reasons).

 

Here's my advice.

Have the individual consider purchasing said resource, give the individual all the necessary information on the resource, so that if any other issues arise, things can be clarified and if worst comes to worst, then at the very least you were honest, and that's one more creator who needs to learn the fairness trade (because by all means, all you're doing is getting assistance from a fellow gamedev who just happens to not have the resource).

 

It cannot get any worse than being blocked by a paywall for something like this. It is ludicrous at best, and a prosecutable crime at worst (I won't go into detail-beyond the scope of the topic).

[Kayzee 4,032]

I think the question is best rephrased as: Are all the developers of a group project required to buy a resource pack to work on a project that uses one? And I am pretty sure the answer is no, though it's probobly not that simple. The legal system is set up for formal companies or other formal organizations, not adhoc teams of people. But I am pretty sure you shouldn't give out the whole pack and just add the resources you need to the project. I am not sure, but I think as long as someone on the team owns the pack you can use it on a project.

 

But I am not a lawyer and don't really know. That's one of the many many problems with a system where a collection of easily copyable files have these invisible immaterial rules hanging over them, making people question their every use of them even when they are intended to be used. Unless you have a expert on hand with these kind of questions it's possible to get in to trouble, and sometimes you can get into trouble even when you do everything right.

Edited September 29, 2017 by Kayzee

[Tarq 746]

Going on from what Kayzee said. There are two common types of licence for software. Either the owner has the right to use it (and distribute x copies) or the machine has a right to use it (in which case anyone may use that machine). The issue is that ToU for the res packs do not specify anything like this to my recollection (although, admittedly, its been years since I looked at them); they merely insist on proper crediting.

That being said, there is such a thing as 'intended use'; even if you were able to exploit a loophole to get what you want, the very acknowledgement that this is not how the package is intended to be used/distributed and that you had to 'outsmart' the producers/distributors to do so, well, its as much an ethical issue as a legal one. I think its pretty clear from them being distributed via single person accounts that res pack licenses are intended for the use of a single person.

 

I'd recommend just playing on the safe side and either learning to map better yourself (they're harder to find nowadays but try trawling the internet for OceansDream's old tutorials on the subject, they were very comprehensive) or purchasing the res pack for the other person. After all, it sounds great to say 'well the other party will just delete the files anyway' but you can't ensure that they have done so, haven't produced duplicates, etc.

[Kayzee 4,032]

Resource packs aren't 'software' though, it is an entirely different type of thing and would probobly have a different ToU, but that might be a technicality. Anyway distribution isn't really the issue here, use is. Sure they might copy it, but that wouldn't give them the 'right' to use it. Honestly I would say if there was a need for buying more copies to use it how you want to, then resource packs are pretty useless for what they are meant to do.

 

And really, playing on the 'safe side' is impossible because there is no 'safe side'. Not unless you have a legal team to push back. There is no safety when it's your word vs theirs and they have a legal team and you don't, except to make sure they never notice you or have an excuse. You can dot every i and cross every t and greedy people will still find a way to go after you if they think they can. Most won't really notice or care, especially if it's an amateur game made by a team of random people, but that doesn't mean it can't happen. You can either decide to be practical and not worry too much about the details, or be thorough and get an actual lawyer to help you. No ifs, ands, or buts. If you don't understand the legal issues you need some one who does.

[Tarq 746]

@KayzeeErr, yes there is a safe side; to do exactly what I said. Which is to only use a product you've paid for. No fictional army of lawyers are going to take a case where you've got clear proof of purchase, not matter how much 'The Man' pays them. Its an open and shut case. And as much as I know you dislike 'The Establishment' you're not the only person with integrity out there and you'll find that in abundance in the legal system.

 

And no, you're right to say a res pack is not software. It is the closest comparison of what we're discussing though.

And to some extent we are discussing distribution. Unless this is some newfangled quantum res pack that simultaneously is and isn't on the computer of a person who shouldn't have access (as its better assume they shouldn't rather than should if uncertain. +1 for safe side) to it after having received and not received those files from someone else.

[Tanrex 2]

I did pay to buy the pack.The ToU says, "You must be a legitimate user of our products.  Solely used for the creation of your game, you can edit, process, and modify the materials contained in the Resource Pack. Do not sell, distribute, lease, or transfer the Resource Pack itself (even if the materials were edited, processed, or modified by the User)." I'm not part of a team. Just have people helping me out. The person helping me doesn't want any form of payment or the pack itself if it's not legal. And is a very trustworthy and honest person. And I was hoping to sell my game when it was done.
 

Edited September 29, 2017 by Tanrex

[PhoenixSoul 1,404]

"Do not distribute, lease, or transfer the Resource Pack itself (even if the materials were edited, processed, or modified by the END User)."

 

What you're looking to do falls under neither of the three, technically.

 

I would suggest purchasing the resource pack for those that are aiding you, but if it is just for this one thing, is the expense worth it, is one question to be answered.

 

"You must be a legitimate user of our products." <---Screams with a death metal voice "VAAAAAAAAAAAAAGUE!!"

 

Sorry, but being a 'legitimate user' is not definitive at all, just hyper jargon.

 

Those words should never be used in any sort of legal sense, because of how vague they are, and any magistrate would agree.

 

That said, do what you can, but if this is the only barrier to getting something done, then go the deus ex machina route.

[Kayzee 4,032]

@Tarq Is that your opinion as an accredited professional lawyer with years of experience? If so, okay then, I stand corrected. If not, I am simply not sure how much I can trust any random person on the internet for legal advice, which is my whole point. I am not a lawyer, and you probobly aren't either. This isn't a matter of 'The Man' or 'The Establishment' trying to screw with with people (though that does happen). This is a matter of most ToU being complicated legal rules written in a complicated legal language for complicated legal reasons. Little niggles in the rules can cause huge headaches, and if you don't have the knowledge to understand it, it's easy to misinterpret things. If you want to be as safe as possible, hire a lawyer rather then listen to half-baked assumptions a bunch of random forum goers tell you. Even then the lawyer might be wrong, but there is little you can do about that.

 

If someone doesn't care to go though the trouble and expense? Then yeah, you will probobly be safe as long as you cover your bases. Probably. I think you probobly are allowed to use resources in a project as long as one member has the right to use them. Probably. Maybe each member of the team getting their own copy of the pack is a good idea. Maybe. Or maybe there is still some technicality about distribution that means it doesn't matter if each team has a copy if you are sharing any of the resources over the net in a non encrypted archive or something. I don't know. Sooner or later someone has to either decide a best guess based on their understanding and hope they are right or hire a lawyer.

 

And look, this is not to say you are wrong Targ, or that anyone else is for that matter. Heck, you may know far more about this stuff then I do even if you aren't a lawyer, I don't know. I am just saying legal safety is a fickle thing when all you have to go on is a set of assumptions or beliefs rather then facts from a trusted source who's job it is to understand this crap.

Edited September 30, 2017 by Kayzee

[Tanrex 2]

OK.Thank you for your advice.