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asterix12

Google 3D Warehouse for commercial game?

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There is a whole bunch of nice model to use in game on Google 3D Warehouse. But can we make commercial game with it? It is not clear to me. http://www.google.com/intl/en/sketchup/3dwh/tos.html

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Author retains all rights. For each model you would want to use, you need to contact the author directly, and work out the exact licensing terms. It is however up to author to enforce those rights.

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I completely disagree with Antheus. It is irrelevant what rights the author retains (with one exception.) What you need to know is what rights you are given, and it clearly states that you are given the right to duplicate, and publicly display and distribute the content. It makes no reference to money not changing hands, so money may change hands.

The only right of the author you need to worry about is whether the author can withdraw this license at a later date. The terms clearly state that your license as an end user is perpetual, and that alternate licenses offered by the copyright holder cannot void the license you already have.

Therefore - while I'm no lawyer - I'm quite confident that you may use the content in a commercial game. It does state you may not aggregate the content for redistribution, so I assume you couldn't use it in a commercial model pack.

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Quote:
Original post by sybixsus
It does state you may not aggregate the content for redistribution, so I assume you couldn't use it in a commercial model pack.
Well, if one reads this in a pedantic way (which Google's lawyers would likely do, if in doubt), this means you can use exactly one model from the Warehouse in a commercial game, albeit there would be no restricitons on that one.

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Quote:
Original post by samothWell, if one reads this in a pedantic way (which Google's lawyers would likely do, if in doubt), this means you can use exactly one model from the Warehouse in a commercial game, albeit there would be no restricitons on that one.

Yes, one could read it in such a pedantic manner, although it would actually affect any kind of game, not just commercial ones. It wouldn't come down to Google though, because the terms state the original user keeps the copyright, so Google would have no standing to take action against anyone claimed to be "in violation". But your point stands that a lawyer with a mind to can manipulate the terms of almost any such license so that it fits a purpose other than the one which was originally intended. Certainly, it wouldn't hurt to play safe and contact the authors to confirm their permission. I think the spirit of the agreement is pretty clear, but wherever lawyers are involved, there are only grey areas.

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The license that content creators must grant under the TOS is straightforward. Both Google and end users have a non-exclusive, perpetual, worldwide license to use any content uploaded under the terms of the TOS. If you upload content, in other words, you are granting a perpetual, royalty-free, worldwide non-exclusive license to both Google and those who use the Google 3D warehouse. While the content creator can make the content available under a different license, said license can't interfere with the license granted under the TOS unless the content creator removes their content from the 3D warehouse subject to the termination requirements. Even so, any use of the content by google or end users PRIOR to termination will remain protected under the license.

If you are an end user (which you would be in this case) you can use that content in any manner described in the ToS, including:


to reproduce the Content;
to create and reproduce derivative works of the Content;
to display publicly and distribute copies of the Content;
to display publicly and distribute copies of derivative works of the content.

There is no limitation on commercial use. The enumerated rights are those provided in Sec. 102 and 103 of the Copyright Act, and the act anticipates commercial use.

Because EACH content creator grants this license for any works uploaded to 3D warehouse, this applies to every piece of content uploaded by content creators. Because the license to the end user is substantially similar to Google's license in the content uploaded, the "one model" argument makes little sense-- the license applies to all Content (all information, data, text, photographs, graphics, messages or other materials posted or displayed on Google Warehouse) generated by content creators.

However-- bear in mind that you're relying on the integrity of the person who uploaded the content. If THEY infringed on someone's copyright in creating the work and you later use that work, you may also be brought into an infringement action. Google is protected under the DMCA safe harbor for service providers that create access to user generated content. You are not. As is always the case, it's usually smarter to come up with your own content to avoid most IP problems.

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