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Once you post or send any Content to EA Online, you expressly grant EA. the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in EA's discretion, and without any notice or compensation to you of any kind and grant all licenses, consents and clearances to enable EA to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.
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Also:
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You also acknowledge that the time that you spend on EA Online is solely for entertainment purposes, and that no value can be attributed to such time. In particular (but without limitation), you understand that no value can be attributed to the time that you may spend accumulating digital objects (such as points, tokens and other in-game objects) or developing Content.
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Yep, that's what it demands/says all right.
But does it pass the LEM test? Let's see.
(L)egal - yes.
(E)thical - in todays business standards? A grudging "probably".
(M)oral - I guess that depends on a person's definition of morality.
But, how about "despicable"? "Borderline sleazy"?
After all, there must be
something 'not right' about demanding the rights to other people's work without fair compensation. Hell, without ANY compensation.
I'm just sayin'.
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My reading of the former clause is that it is intended to release cc in case EA uses it in advertising or marketing. It is the same if they show your game home in advertising, for instance. It is "their" game and they are stating their entitlement to all virtual objects in the game, whether created by their staff or the players. If you create a really cool set of cc objects that make it to the pages of a magazine, they don't want to have you objecting that your rights have been violated. The latter clause basically states that you can't hold EA liable if, at the end of the day, if your objects are wiped away, you feel you've wasted your time and money playing their game.
I admit to not understanding the argument against stores buying up and selling cc. It is "the way of the world" and I don't understand how you can expect people to behave differently in this game than they do in real life, since this game is built on real life. Designers in the real world expect payment for their work, and once they have cash in hand their custom content is out the door with a life of it's own.
In rl the only problem is when designers don't get paid. I have a friend who designs textiles and, no kidding, I have watched her chase a person down the beach who was wearing shorts made of one of her designs manufactured by a company who didn't buy the rights to her design.
It seems to me the players who are against resale of their cc want to be altruistic and provide fun at affordable prices. That is admirable. Unfortunately, in the free market established (and encouraged) by the game design, I don't see how it can be realistic to expect other players not to try and make a profit using whatever objects they collect for sales. The only way would be to lease the object, which if you are a cc creator who is really set at keeping control of your cc, is the best option.
Cherry Bomb -- thanks for the Adam Smith reference. Indeed!
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The same thing could be accomplished with an unlimited license - they don't need to take possession of somebody else's work.
The 'fair compensation' arguement applies to EA as much as anybody else.
As someone pointed out - they can make 10,000 copies and sell it in their stores or hand it out for free. They can use it in various ways to directly or indirectly generate profit for EA. All without a penny of compensation to the creator.
OTOH, only an extremely small amount of CC is created from scratch - most is created from object bases that are already owned by EA - so it could be argued that the point is moot.
Ok - fair enuff. Still.... the way they word those "agreements" just rankles the hell out of me. They shouldn't call them that.
They should call them -"Take it or leave it"s.