Is this a legitimate DMCA Report?

[brocko]

Is this a valid claim? I thought that Nexus was free, but I haven't really been keeping up with these gamemode e-drama things.

[quote="German guy"]
Dear Web or Gameserverhoster,

This Complaint is about the following Products being used or provided without
permission.
- Novus Two – Design
- Nexus Framework
Which is available under [url]http://billing.ideal-hosting.biz/cart.php?gid=12[/url]

The following Webpages or Gameservers or Servers, hosted on your Server, are
using or providing this Products without having the right for it:
[GS] <redacted>:27015

You can contact us at any time:
Ideal-Hosting Company
Ellen Reimertshofer
Richard-Wagner-Str. 20
GER - 66280 Sulzbach
[email][e-mail][/email]
Tel.: +49 (0) 176 / 40102597
Fax: [phone] / 51103

I have a good faith belief that use of the copyrighted materials described
above as allegedly infringing is not authorized by the copyright owner, its
agent, or the law.
I swear, under penalty of perjury, that the information in the notification is
accurate and that I am the copyright owner or am authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.

Best Regards,
German Hoeffner
Ideal-Hosting Abuse Team

Ideal-Hosting Company
Ellen Reimertshofer
Richard-Wagner-Str. 20
GER - 66280 Sulzbach

[email][e-mail][/email]
Tel.: +49 (0) 176 / 40102597
Fax: [phone] / 51103
[/quote]

[SPESSMEHREN]

I wouldn't worry about it. If you're that concerned, don't use the gamemode (it isn't a very good one to begin with... certainly not worth being sued over)

[mikeym]

I would call his telephone number and ask for the copyright infringement links and proof of the E-Copyright.
edit: I searched for a copyright

http://cocatalog.loc.gov

and did not find anything, I did find Nexus II but not Nexus Two as it must be started spelled out or else the copyright is NOT valid.

[AzuiSleet]

It would never hold up in court because it falls under the Source SDK license. Selling a modification to the Source engine (regardless of it being C++ or lua) is a violation.

From the subscriber agreement
[quote]
C. Source SDK.

Your Subscription(s) may contain access to the Valve software development kit (the "SDK") for the computer game engine used in Half-Life 2 and other compatible Valve products (the "Source Engine"). You may use, reproduce and modify the SDK on a non-commercial basis solely to develop a modified game (a "Mod") for Half-Life 2 or other Valve products compatible with and using the Source Engine. You may reproduce and distribute the Mod in object code form, solely to licensed end users of Half-Life 2 or other compatible Valve products, provided that the Mod is made publicly available and distributed without charge on a non-commercial basis

If you would like to use the Source SDK or a Mod for a commercial purpose or activity, please contact Valve at [email][e-mail][/email].
[/quote]

[mikeym]

In that case, Have fun :)

[psp401.com]

I think I should give him a ring...

[stuky4ever]

Thats the proper way to send a DMCA Report, But you can't copyright a gamemode. Also he needs proof of it being copyrighted.

[Chrisaster]

German Hoeffner is Computer22.

[RoFLWaFFLEZZ]

Which of who is a complete dumbshit

[stuky4ever]

Dam Germans!

[hexpunK]

[QUOTE=AzuiSleet;25122797]It would never hold up in court because it falls under the Source SDK license. Selling a modification to the Source engine (regardless of it being C++ or lua) is a violation.

From the subscriber agreement[/QUOTE]

I still wonder how the fuck Kuro/ Conna is still in business. he has been in violation of the EULA for a good amount of time now.

Then again, Valve don't really seem to want to care.

[|FlapJack|]

Late, but no. Fine them.

[Fizzadar]

[QUOTE=hexpunK;25131807]I still wonder how the fuck Kuro/ Conna is still in business. he has been in violation of the EULA for a good amount of time now.

Then again, Valve don't really seem to want to care.[/QUOTE]

Valve turn a blind eye I think. As will the courts in this case; ignore it.

[melindagreen]

not like its a private wow server, then blizzard would be chewing your ass up with DMCA tickets
I would feed it to my document shredder.

[Ywa]

[QUOTE=AzuiSleet;25122797]It would never hold up in court because it falls under the Source SDK license. Selling a modification to the Source engine (regardless of it being C++ or lua) is a violation.

From the subscriber agreement[/QUOTE]
No it isn't a violation. It is a Garry's Mod modification and not a modification based on the available Source SDK. So basically it depends on what kind of license Garry has with Valve.

Correct me if I'm wrong.

[AzuiSleet]

[QUOTE=Ywa;25150415]No it isn't a violation. It is a Garry's Mod modification and not a modification based on the available Source SDK. So basically it depends on what kind of license Garry has with Valve.

Correct me if I'm wrong.[/QUOTE]

Valve themselves (Mike Dunkle) have hinted that gmod mods fall under the Source SDK, obviously I Am Not A Lawyer, but it would be foolish to try and pursue it because even if you won against a third-party as a copyright violation (and assuming it isn't thrown out simply because it's a contract violation in the first place), Valve has the resources to come after you.

[selby3962]

I know people often pay mappers for the effort in creating a map, but never for the map itself, as that would be illegal. Assume it's the same story here.

Ignore it. There's no way it'll stand up in court anyway.

[Aide]

I'd tell them to go fuck off bluntly. Ideal Hosting is a shame and Kuro/Conna are in violation of the Valve's ELUA/TOS.

[Chewgum]

[QUOTE=selby3962;25151074]I know people often pay mappers for the effort in creating a map, but never for the map itself, as that would be illegal. Assume it's the same story here.

Ignore it. There's no way it'll stand up in court anyway.[/QUOTE]

Conna is selling his script as a product, paying a person to map for you is different.

[Lily]

A Lua script is a text document and can be sold as it does not directly fall under the Source SDK as Lua is not GMod only.

Maps is created through the source SDK with valve technology, that is a totally different thing than text

[erie1555]

"German Hoeffner" is that guy who owned Gmod.Biz which ran all those stolen gamemodes and ended up being a fail community

[laxplayer77alt]

Guys just look at this

[img]http://gyazo.com/cb74701552669ffa6b46432b3a18c1c3.png[/img]

its from his forum lols

[JWJ]

[QUOTE=Tobba;25160352]A Lua script is a text document and can be sold as it does not directly fall under the Source SDK as Lua is not GMod only.

Maps is created through the source SDK with valve technology, that is a totally different thing than text[/QUOTE]

That's like saying a C++ file can be sold as C++ is not in the Source Engine only.

[fnox]

[QUOTE=Tobba;25160352]A Lua script is a text document and can be sold as it does not directly fall under the Source SDK as Lua is not GMod only.

Maps is created through the source SDK with valve technology, that is a totally different thing than text[/QUOTE]

It's not a matter of what it is, it's not a matter of who coded it. For all I care, Half Life 2 can be described as just a really long set of 0's and 1's. What matters is distribution. Valve built up their engine from the ground up except for certain thirdparty elements which of course they paid royalties for. Garry built up his game out of Source technology, with his own code added on top of a propietary system, which is Valve, that's why Garry only gets 50% of all profit obtained through the distribution of Garry's Mod.

Now Conna, Conna may have made a script, he may have coded three hundred thousand lines of code, he may have rewritten all the stuff he would want, but his code is not gonna run without Garry's Mod, which will not run without Source. He IS distributing this illegally, irregardless if Valve wants to take action or not. What he is doing right here, to use his scare tactics in an attempt to stop distribution of content which should be innately free is absolutely banal and you should pay no attention to it.

In the case he or his cronies attempt anything else (Takedown attempts, threats to your server hoster, DDoS ), you are in the right to sue under the National Information Infrastructure Protection Act of 1996. Do NOT fall for their game.

[SPESSMEHREN]

[QUOTE=erie1555;25160596]"German Hoeffner" is that guy who owned Gmod.Biz which ran all those stolen gamemodes and ended up being a fail community[/QUOTE]Let's not forget how they used the fake Source client program to put their shitty servers at the top of the list! :v:

[Lily]

[QUOTE=Big Bang;25166489]It's not a matter of what it is, it's not a matter of who coded it. For all I care, Half Life 2 can be described as just a really long set of 0's and 1's. What matters is distribution. Valve built up their engine from the ground up except for certain thirdparty elements which of course they paid royalties for. Garry built up his game out of Source technology, with his own code added on top of a propietary system, which is Valve, that's why Garry only gets 50% of all profit obtained through the distribution of Garry's Mod.

Now Conna, Conna may have made a script, he may have coded three hundred thousand lines of code, he may have rewritten all the stuff he would want, but his code is not gonna run without Garry's Mod, which will not run without Source. He IS distributing this illegally, irregardless if Valve wants to take action or not. What he is doing right here, to use his scare tactics in an attempt to stop distribution of content which should be innately free is absolutely banal and you should pay no attention to it.

In the case he or his cronies attempt anything else (Takedown attempts, threats to your server hoster, DDoS ), you are in the right to sue under the National Information Infrastructure Protection Act of 1996. Do NOT fall for their game.[/QUOTE]

Lua is not licensed to garry, so im fairly sure it applies for Lua
[url]http://www.lua.org/license.html[/url]

Im fairly sure even though garry has modified the Lua stuff it still falls under the Lua license

[XCIV]

[QUOTE=AzuiSleet;25122797]It would never hold up in court because it falls under the Source SDK license. Selling a modification to the Source engine (regardless of it being C++ or lua) is a violation.

From the subscriber agreement[/QUOTE]

I'd like to mention that lua scripts and gamemodes (collection of lua scripts) are not a modification to the source engine. They are scripts that work with Garry's Mod just like a skin or model can be used for the source engine. Those scripts could technically be used for another engine or layout using lua.

Therefore, just as a skin or a model, you may copyright lua scripts under some sort of document copyright. They are not, in themselves, a modification of the source engine, they are plain text documents and don't fall under the SDK terms.

As for the validity of the email threat, I would ask for proof of copyright otherwise you are not obligated to take any action.
[editline]07:59AM[/editline]

[QUOTE=Big Bang;25166489]It's not a matter of what it is, it's not a matter of who coded it. For all I care, Half Life 2 can be described as just a really long set of 0's and 1's. What matters is distribution. Valve built up their engine from the ground up except for certain thirdparty elements which of course they paid royalties for. Garry built up his game out of Source technology, with his own code added on top of a propietary system, which is Valve, that's why Garry only gets 50% of all profit obtained through the distribution of Garry's Mod.

Now Conna, Conna may have made a script, he may have coded three hundred thousand lines of code, he may have rewritten all the stuff he would want, but his code is not gonna run without Garry's Mod, which will not run without Source. He IS distributing this illegally, irregardless if Valve wants to take action or not. What he is doing right here, to use his scare tactics in an attempt to stop distribution of content which should be innately free is absolutely banal and you should pay no attention to it.

In the case he or his cronies attempt anything else (Takedown attempts, threats to your server hoster, DDoS ), you are in the right to sue under the National Information Infrastructure Protection Act of 1996. Do NOT fall for their game.[/QUOTE]

The lua scripts only require the Lua interpreter, not Gmod, to run. Someone can make a firefox plugin and sell it, for example. Regardless of the fact that the plugin needs firefox to run, it is not subject to firefox's terms as long as it is completely the copyright holder's work that is being copyrighted. (See: [url]https://forums.addons.mozilla.org/viewtopic.php?p=516[/url])

[editline]08:08AM[/editline]

[QUOTE=JWJ;25166400]That's like saying a C++ file can be sold as C++ is not in the Source Engine only.[/QUOTE]

Funny you say that because a C++ file [b]can[/b] be sold as a text document even if it #include's headers from the source engine as long as it doesn't contain actual code from the source engine.

What cannot be sold is the compiled executable or content that results from compiling the c++ files because then it is not entirely your work.

[.kurozael]

[QUOTE=XCIV;25170593]*words*[/QUOTE]

Thank you, and that is a /thread. I've already spoken to VALVe about this and they've told me it is absolutely fine.

[Wolfie13]

[QUOTE=.kurozael;25171546]Thank you, and that is a /thread. I've already spoken to VALVe about this and they've told me it is absolutely fine.[/QUOTE]

Nobody likes you.

[editline]12:21PM[/editline]

I'm going to go and torrent all your gamemodes and you can't stop me.

Then I'll upload them and place them in the GMF and we will look at your coding and [I]laugh.[/I]

[.kurozael]

Enjoy laughing at my coding while I'm doing my degree in C++ games programming.