23-01-2017, 01:55 AM
(23-01-2017, 01:23 AM)Looter Wrote: What The first excerpt says is that anything going into the game, warband, belongs to Taleworlds/Paradox. I selected that to show that in short they are the owners and establish that all rights belong to them, that including commercial rights. There is no section of the agreement defining these proper nouns as you call them, you can find out what they are yourself, but anyway I believe I used this section incorrectly. The one I should have used was the section right above
" (ii) exploit the Program or any of its parts for any commercial purpose, including, but not limited to, use at a cyber café, computer gaming center or any other location-based site (Paradox Interactive AB may offer a separate Site License Agreement to permit you to make the Program available for commercial use; contact Paradox Interactive AB for details);"
While Selling or trading Items or gold isn't a cyber cafe, it is included in exploitation of the program or any of its parts for commercial use when you consider that it was established that mods, which are updates or downloadable material attached to Native Warband, are "are the copyrighted property of Paradox Interactive AB or its licensors who reserve all rights therein, and shall be governed by the terms and conditions of this Agreement.". This means that the sale and profiting of items within Nord invasion are Paradox's or Taleworlds rights, as the program is Mount and Blade Warband, the part Nord Invasion's items in whatever forms they take as long as they appear in game. For one, Gold, the currency used is essentially code originally used in native multiplayer and has been modified by Nord Invasion, cannot be sold as it falls under 2.Ownership. in the eula
Making the reasonable conclusion that "the Program" is analogous to "Software Product" from the NW EULA:
None of that is applicable, and the buyer isn't receiving any part part of "the Program" or "the Software Product." If or when they do, they'd be breaking these agreements. There is a huge difference between distributing a piece of the game and distributing access to a part of the game. Again, just compare the language of this:
Quote:"All patches, updates or other downloadable material used by, or incorporated into, the Program are the copyrighted property of Paradox Interactive AB or its licensors who reserve all rights therein, and shall be governed by the terms and conditions of this Agreement." (2.Ownership)
" C. You are entitled to use the Program for your own use, but you are not entitled to:
(iii) use or allow third parties to use the Editor and the New Materials created thereby for commercial purposes, including, but not limited to, distribution of New Materials on a stand-alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution, without the express written consent of Paradox Interactive AB; " (3.Responsibility of the End User)
to these:
Quote:You may not sell, loan, lend, lease, barter, exchange, pledge, or hypothecate your online currency or Broadsword User account for any item of value unless expressly permitted by Broadsword.
or
Quote:1. DEFINITIONS
(f) Game - collectively, any software provided by NCSOFT, including but not limited to software installed on a computer owned by You or someone else, along with any subsequent versions, enhancements, modifications, upgrades or patches to such software.
(e) Content - Any material related to the Game that is neither Game software nor Service, including but not limited to any Item, Team, Message Board and/or NCoin.
(h) Item - Digital material related to the Game, including but not limited to any in-Game currency, articles or resources.
5. CONDUCT
(f) Additional License Restrictions - You acknowledge You will not, directly or indirectly:
(iv) sell, sub-license, rent, lease, grant a security interest in, borrow, lend, loan, network or engage in any activity that could in any way transfer or provide others access to any Service, Content, Game, or parts thereof, including but not limited to any serial code number, access key or the like. However, this Section shall not prevent You from selling the original tangible storage medium on which the Game is contained.
There is a huge difference between what is detailed in the EULA you gave and that of above which specifically stating items instead of materials that make up game files. And are you seriously trying to pass off gold as game code? You're either misinterpreting it, or deliberately trying to attach meaning that isn't there. Either way, abandon any ambitions in contract law.
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