I am the founder of DBolical and creator of ModDB, IndieDB and SlideDB. My aim is to make it easier for gamers to find great games/mods no matter their stage of development. And more importantly give game/mod developers a place to share their work and grow their fanbase - without being dependent on press/editors gatekeeping the important news sites. If you have any ideas or suggestions, hit me up I am always available to talk with the community.

Report article RSS Feed Changing the sites TOU to protect indie developers

Posted by INtense! on Nov 7th, 2013


Hey all - so there has been a little concern about some of the terms that us and other sites put in place regarding the content we show. While we cannot change what other sites do, we can change what we do. These terms relate to ownership of user submitted content, ideally we don't want to assert any ownership over the game you made, we just want the rights necessary to distribute content you've submitted to the system.

In an effort to disguinish ourselves from the others sites and show we care and listen to the indie developers we represent, we are working on changing our terms and propose moving from:

Quote:2. Use and ownership of user provided content
If you send to DBolical, or upload to the System, any content of any type ("Content"), including forum posts, commentary, ideas or suggestions whether or not solicited, then: by uploading the Content you license the Content to DBolical as set out in this clause 2; and you must ensure that you are the owner or creator of that content or have received permission from the owner or creator to make such submissions and to licence that content as set out in this clause 2.You expressly authorise and permit DBolical to exercise and to authorise others to exercise all of the rights comprised in copyright and all other intellectual property rights which subsist in the Content and you irrevocably consent to all such exercises. DBolical is not required to compensate you or any other person in any manner for any such exercise or authorisation. In particular, DBolical may use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content and other works which are based on them (including by way of adaptation or derivative works) in any form, anywhere, with or without attribution to you, whether or not such use would otherwise be a breach of any person's moral rights, and without any notice or compensation to you of any kind. This clause does not limit DBolical's privacy obligations under clause 10.

to

Quote:2. Use and ownership of user provided content
2.1 All rights in any games, addons, modifications and related downloadable content that you upload for distribution via the System (‘User Developed Content'), remain with the owner of such material unless otherwise agreed in writing. You grant to DBolical:

2.1.1 a non exclusive, and sub-licensable licence in all rights in the User Developed Content necessary to facilitate the distribution of the User Developed Content via the System; and
2.1.2 the right to use still images, graphics or any other audio, visual or audio visual elements contained the User Developed Content for the purposes of promotion of the System only.

2.2 All rights in any forum posts, commentary, ideas or suggestions whether or not solicited by DBolical that you send to DBolical or upload to the System, ("User Generated Content"), become the property of DBolical. You acknowledge that by contributing User Generated Content you expressly authorise and permit DBolical to exercise and to authorise others to exercise all of the rights comprised in copyright and all other intellectual property rights which subsist in the User Generated Content and you irrevocably consent to all such exercises. DBolical is not required to compensate you or any other person in any manner for any such exercise or authorisation. In particular, DBolical may without limitation use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Generated Content and other works which are based on them (including by way of adaptation or derivative works) in any form, anywhere, with or without attribution to you, whether or not such use would otherwise be a breach of any person's moral rights, and without any notice or compensation to you of any kind. This clause does not limit DBolical's privacy obligations under clause 10.2.3 You warrant that you are the owner or creator of any User Developed Content, or any User Generated Content you choose to upload, or that you have received permission from the owner or creator of any such content to make such submissions and to licence that content as set out in this clause 2. You warrant further that any User Developed Content or User Generated Content uploaded by you is not defamatory in nature, and that it is not malicious, or intended to cause undesired effects, security breaches or damage to the System or other user's property.


Thoughts?

Post comment Comments
NobleKale
NobleKale Nov 12 2013, 9:13am says:

Looks like a reasonable change so far - I'm still running this past a few people, but it's good to see some progress.

+2 votes     reply to comment
smashriot
smashriot Nov 12 2013, 11:05am says:

My main concerns with the original Terms of Use were with the breadth of the rights claimed by DBolical to all 'Content': "You expressly authorise and permit DBolical to exercise and to authorise others to exercise all of the rights comprised in copyright and all other intellectual property rights which subsist in the Content and you irrevocably consent to all such exercises."

The new Terms of Use are a definite improvement over the old.

2.1 sets up ‘User Developed Content' and explicitly states rights remain with author unless otherwise agreed in writing.

2.1.1 limits the breadth of claimed rights for ‘User Developed Content' to those necessary to 'facilitate the distribution' of the ‘User Developed Content'

2.1.2 limits the breadth of claimed rights for images/video/audio/etc for ‘User Developed Content' to those necessary for 'purposes of promotion' of ‘User Developed Content'

2.2 the breadth of the claimed rights for the textual 'User Generated Content' is a bit grabby in this claim: "You acknowledge that by contributing User Generated Content you expressly authorise and permit DBolical to exercise and to authorise others to exercise all of the rights comprised in copyright and all other intellectual property rights which subsist in the User Generated Content and you irrevocably consent to all such exercises." However, I'm more at ease with that language since this is the textual ‘User Developed Content' that is being publically disclosed on/to the indiedb site.

I appreciate you and your team taking a serious look at the Terms of Usage language and making a positive change to such language!

- Jesse

+3 votes     reply to comment
smashriot
smashriot Nov 12 2013, 12:09pm says:

Oops, knew i'd have a UDC/UGC typo. Should read:

I'm more at ease with that language since this is the textual ‘User Generated Content' that is being publically disclosed on/to the indiedb site.

+2 votes     reply to comment
Charlie_Calstah
Charlie_Calstah May 30 2014, 8:52pm says:

Not too invasive. Very happy with them.

+1 vote     reply to comment
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