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Originally Posted by Von Manteuffel

Someone earlier mentioned that people might need lawyers if this thread follows a certain path. I've consulted several friends who are lawyers, some of them copyright specialists and the message is plain and simple. Essentially, in most jurisdictions, modders own the copyright of their mods ( if in no other form than owning the intellectual copyright to their work ) The fact that mods are made available for download and use, free of charge is an irrrelevance. A modder can give away, rent, or sell his mods, with, or without conditions, but the means of distribution and terms of use do not remove, or diminish the modder's ownership of his, or her own work.

So, the GWX team own the GWX mod.

I think this is incorrect. Do those lawyers know what an EULA is? Original game files which were modified are still owned by UBISOFT, as the originals are the property of UBISOFT and when we come really down to it, were "illegally" modified in the first place. Now, most companies have no problems with people creating mods - as it might well increase popularity of the game - but if GWX or any Modder / Mod Team would go and decide charging money for their mod or claim any rights to it without first reaching an agreement with UBISOFT - which in all probability would include paying them money for the licence to modify and sell UBISOFTS / the Dev teams IP - they would get severely ***-raped by UBISOFT.

I quote:

1- The Licence

Ubisoft grants the User a non-exclusive and non-transferable Licence to use the Multimedia Product, but remains the owner of all the rights relating thereto.
Any rights not specifically transferred by this Licence remain the property of Ubisoft.
The Multimedia Product is licensed and not sold to the User, for private use.
The Licence does not confer any right or title to the Multimedia Product and cannot be understood as a transfer of intellectual property rights to the Multimedia Product.

2- Ownership of the Multimedia Product

The User recognises that all of the rights associated with the Multimedia Product and its components (in particular the titles, computer codes, themes, characters, character names, plots, stories, dialogues, places, concepts, images, photographs, animation, videos, music and text contained in the Multimedia Product), as well as the rights relating to the trademark, royalties and copyrights, are the property of Ubisoft and are protected by French regulations or other Laws, Treaties and international agreements concerning intellectual property.

3- Use of the Multimedia Product

The User is authorised to use the Multimedia Product in accordance with the instructions provided in the manual or on the packaging of the Multimedia Product.
The Licence is granted solely for private use.

It is not permitted:
- To make copies of the Multimedia Product,
- To operate the Multimedia Product commercially,
- To use it contrary to morality or the laws in force,
- To modify the Multimedia Product or create any derived work,
- To transmit the Multimedia Product via a telephone network or any other electronic means, except during multi-player games on authorised networks,
- To create or distribute unauthorised levels and/or scenarios,
- To decompile, reverse engineer or disassemble the Multimedia Product.

Originally Posted by Von Manteuffel

No-one has the right to use the property ( intellectual, or otherwise ) of another person, or persons without the permission of that person, or persons.

... or company - UBISOFT.

In making GWX and other mods available free of charge, the modders are giving us, the users, permission to downlaod and use their work as presented.

They cannot bind us to any rights or obligations legally about property which is still UBISOFT's.

It is legally, ethically and morally wrong for anyone to use someone else's propertry as a basis for his, or her own work without seeking the permission of the original owner - whether the original owner states that this is a requirement, or not.

Read that quote of yours again. Notice something? Who is the original owner of SHIII and the IP thereto?

So, the situation re. mods based on other mods is, essentially, very simple.

Correct. It is a completely mood point from a legal perspective, since either modder doesn't own any IP over the original or modified files unless he has reached an agreement with the IP holder - UBISOFT - beforehand, which would supersede the original EULA, and has actually broken the License agreement unless he does so when we come down to it.

He is also correct when he points out that it is not the role of the Subsim Moderators to decide guilt and innocenc) we have to rely on people

a) understanding the law and b) doing the right thing.

About point a) - I'm not a lawyer, but I'm not sure the lawyer friends you consulted have finished their degrees yet either...

From a legal standpoint alone, this whole debate is mood.