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Usage rights for a product changed

kaotkblisskaotkbliss Posts: 2,914
in Technical Help (nuts n bolts)

I've been going through all my downloads from all the various places over the years and packaging them up to be installed via DIM.

Doing so has me scouring the web to find the promo images for each of these products to be included in the packaging. Whilst doing so, I noticed a freebie I had gotten over at RDNA was open for commercial and non-commercial use.

The freebie has since moved to rendo but the license there is non-commercial only. Do I have to follow the new license, or does my old one still hold?

Comments

  • TheKDTheKD Posts: 2,677

    I would just toss it out, not worth dealing with the headaches if the maker decides to try and sue you for using it. You would probably win, but it would cost you time and money to do so.

  • kenshaw011267kenshaw011267 Posts: 3,805

    You'd have to show that you had dl'd it from the old site and what the license was there and then. Thast seems like a lot of effort for a freebie.

  • kaotkblisskaotkbliss Posts: 2,914

    While I do still have the email with the "order" from RDNA as well as the original lisence file in the zip, it does sound like a lot more hassle than it's worth.

    But then this creates a whole new hassle of with all the hundreds of freebies from all these different sites, I shouldn't have to worry about usage rights changing.

  • Sensual ArtSensual Art Posts: 641

    If you have the license file in your downloaded copy of the zip file and if you can prove that your acquisition was during the period while the license was in effect, then I do not see any concern since the licenses are perptual by default unless there is any clause that says otherwise. I don't think the seller has enough rights to revoke the existing license unilaterally unless the license allowed them to do so in legal manner.

  • Richard HaseltineRichard Haseltine Posts: 99,458

    You could try asking the maker - some seem, incorrectly, to think "commercial" is opening the door to redistribution or creating derivatives of the model and so forbid it but are actually quite happy to allows commercial renders.

  • Sensual ArtSensual Art Posts: 641

    This is an interesting situation in the sense that it becomes difficult for the maker to verify if the item was acquired legitimately through the earlier distribution channel or someone trying to "wash" their illegitimate copy of the current version. Consider the hypothetical situtation where an user acquires an illegitimate copy of the current version of the item and after adding the old license file to the package then claims to have acquired it from the earlier source, thereby making a legitimate claim of its usage. In the absence of appropriate markers that differentiates the two versions, it becomes difficult for the maker to respect old license agreements though they may be legally required to do so. Even if I ignore future revenue prospects, this concern itself could deter the maker from allowing usage based on past license agreements if they had not taken appropriate measures in this regard.

    At least in this case, there is an email acknowledging the legitimacy of acquisition, but for most freebies there is hardly any form of acknowledgement.

  • kaotkblisskaotkbliss Posts: 2,914

    I think I'll follow previous advice, just seems a lot less confusing that way.

    Now I'm super hesitant with all the other freebies I have. I believe that most will leave licenses as-is, but on the off-chance one doesn't, am I going to have to continuously find the freebies over on the off-chance that someone has switched user-rights? Bleh, my head hurts now.

  • Catherine3678abCatherine3678ab Posts: 8,265

    Screengrab - catches the date on the computer as well as the image for the download, readme, whatever.

  • chris-2599934chris-2599934 Posts: 1,798

    IANAL, but I think you are perfectly within your rights to use an item according to the conditions under which you acquired it (provided you acquired it from a legitimate source).

    If the provider is now offering that product someplace else under different conditions, that's up to them, but it doesn't affect you. If you are following the conditions laid out when the author gave/sold you the item, your conscience is clear.

    Because, realistically, your conscience is the only thing in play here. I know americans are crazy litigious, but is somebody really going to go to the trouble, expense and risk of taking you to court over some ancient freebie? Remember, they would have to present some evidence that you got the thing from the place you didn't get it from, which is going to be difficult. For that matter, are they ever likely to discover that you've used their thing in the first place?

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