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I believe I have used it under the fair use and derived works, as stated over at http://hrp.duke4.net/faq.php
Under subsection " Misc Questions"
"Q:
Can I use the HRP textures and models in my map/mod/game?
A:
The HRP is released under GPL which means that you are free to use them in your mod/game/map as long as it is also released under GPL. You may however NOT create Duke Nukem 3D remakes or remakes of other games using them. Gearbox does not allow this and probably never will. The only reason the HRP is allowed is because it is an addon to the original game and requires the user to own the original game to work. "
Essentialy this gives anyone permissions to use this with credits, I credited the original HRP and provided multiple link backs to the source of the material, I am also not creating a Duke 3D clone game and I am using the assets for both a Source Engine map I am working on and also as a modders resource for source engine. I believe this is accepted in the permissions proivded above that said "Nukem 3D remakes" is not clarified as to what classes as a remake be it as it may technically this means anything other than what would otherwise violate Gearbox's TOS we would be free to use this in maps that depict similar design to the original levels.
However if the creators of the original HRP pack wish for me to remove my modding content I shall do so.
Additonally if you take a look on the workshop a bit more you will find http://steamcommunity.com/sharedfiles/filedetails/?id=131433232&searchtext=Duke+3d which is a source port of the models and textures for such, which has been up a lot longer than my content with no drama.
Hopefully I have explained enough and with enough evidence to support my use.
You are in violation of term #3 if you are using any of the enemies, characters, or locale-identifying sprites or textures. However, if you remove those, it is no longer a Duke Nukem 3D HRP pack, just a blatant asset rip.
Also, even on straight up totally legal GPL materials (such as certain open source games) you can't port it to Gmod legally either because you're combining it with proprietary copyrighted Valve data (ragdoll, skeleton, dmx's and possibly animations) and using proprietary Valve compiling tools to make the final MDL - which have strict usage rights tied to them as well.
However no matter what restrictive license there is, most Gmodders are little cowboys - most don't even credit original artists, and when some are pressured to do so they'll go on a stalking rampage... I can speak from experience. It's all a sad scene of lemming logic. I know there are noble good people out there, but they often have armies of preteens sent after them for denying port requests of copyrighted material. I feel bad about all the grief MaxofS2D gets.
One of the favorite tools of the chain is Noesis, which has a nice readme telling you nicely to not use it for conversion of copyrighted material and clearly there are people who just violate this day by day - especially since it's the only tool that could read DNF model data.
Well in that case I'm fine, I am not using any models, character assets, sounds. anywhere in the port. That said my intent was purly for porting to source hammer for mappers. Though I can't say the same for the other addon I linked.
I'm going to try and contact them see if we can work something out to clear this issue up since the svn cleary overrules the F.A.Q Just to be clear only the HRP textures were ported in my pack. I have nothing to do with the "Duke Nukem : HRP pack models" I linked that is maintained by another uploader and like I said it has been on the workshop a lot longer than mine and nobody has said anything.
In all honesty I saw the F.A.Q and in all good intentions just wanted to port the textures to valve format for mapping use, I did credit the original pack I did so a number times in the description I even add them in a special credits section and I added a disclaimer for the usage.
However I will be adding the url for the legality of the terms on the addon page as well and I will attempt to contact them and find out if they do allow this and or if there is some sort of arrangement we can agree on for allowing this. I do own the Megaton Duke3D game and I own several pre existing copy's dated back to the 1990's original discs :).
Hopefully all of this talk is enough to show that I did not have the intent to just ignore the creators and rip this off with no regards.
I got in contact with the duke nukem hrp mod devleopers and after a couple of adjustments we manage to come to an agreement, they said I was in the clear proivded I did not have references to duke characters, obviouse references, etc.
I pushed out an update recently as my first attempt to ammend such oversights.
I think he's okay with calling it a Duke Nukem 3D HRP asset pack, as that's what it is... I don't believe using a trademarked name as a descriptor is inherently questionable, the same way as taking a picture of a box of Kleenex and uploading it to flickr (or whatever) with the description "picture of a box of Kleenex" isn't inherently questionable.
So, in conclusion, yes, I was contacted about this and approved it. He could tell you himself that I straight-up told him I wanted to say no, but the license says what it says. I don't think he would have even needed permission if it wasn't for not being familiar with the license and the language within.
I did not included any of those to begin with, . The derived on works were textures which had images of the duke character in it as a whole (say on a magazine or a book cover art) and I removed him from the image and in some cases added my own designs to the image so it no longer was a copyright issue. (This applies to anything that depicts the original duke nukem and was not a fan made art.)
When I say derived on I mean I took some *.jpeg images like vents and the other questionable textures which had been made without transparency layers and I hand edited those so that they did have transparency layers and saved them as a new texture.
So that when viewed in game you would actually see through the vents and what was behind it , I did this so that mappers and myself had the choice of both depending how they wanted to use the image. I did this for a couple of the grates which otherwise would just be black between the grate holes instead of see through. I find this quite amusing that some of you think I just renamed an image and called it a derived image. I did NO such thing.
(Let me just be clear on something which while reading was funny to me, let’s use HULK as an example If I change HULK to LULK I am in the clear of course you cannot change just the texture name that’s laughable but If you change the text and derive on the character itself so that it clearly is different than the original it now becomes parody art and is protected by law as fair use.)
It is he true the HRP founders did want to say no, I would not have converted anything if I was not somewhat sure that the usage was within the terms. The only things I messed up with and why I contacted was because there are two sets of terms and it was confusing. You have the F.A.Q which the wording is not clear on anything other than "don't make a game using these which is a duke clone” and you have the actual legal document which was smaller font and I missed the url the first time.
Which after reading it I knew pretty much right away what I had to remove though I am not sure what all the fuss is about I did not really do anything wrong. Sure I had some images which were clearly not supposed to be there but I found that out and quickly got in contact.
I never had the intention and I still don't to upload any of the menu, hud, characters, models, any of that nature as for one It is not what would be useful for mapping and two I knew pretty much without a doubt and reading nothing that those would likely be trademarked approved by 3D Realms and illegal to use anywhere else out side of the original game.
Only modders can verify if I missed anything or not that’s ok the point is I am trying my best to avoid copyrighted works and I actually made an effort to get in contact.
Take look on workshop, go on... good now search Duke Nukem... right what do you see? Because I see at least 30 add-ons all which depict Duke Nukem character whole and another add-on which actually uses HRP models in their entirety and textured.
Yes I am working on a new thumbnail, if I can change it that is steam is very picky with the whole once its uploaded your stuck with it, not a lot I can do about the thumbnail I think but I will try. To be honest this uploaded when at the time I though the only usage was under the F.A.Q I was not even aware of the other legal document which as I told the other posters once I read it I knew exactly what I had to remove and change.
I added in the change notes about the radiation logo and my logo how it has nothing to do with interceptor entertainment. I guess I will add that to bottom of the actual page as well.
I did contact you a couple more times about the radiation symbol, what exactly counts as the radiation symbol because just having an atomic radiation symbol is not a trademark in a general sense a certain design of the symbol yes, what I mean is having a picture of a nuke is not a trademark but a nuke done a certain way and used in a project yes.
I have a particular question with the image the meltdown animation, it has a radiation symbol but it’s nothing like the menu or end game symbol or in other words not the same design as the commonly recognized and obvious trademark one. This one has a RED outlined radiation symbol with the words "meltdown" flashing on it" I am not sure where that one stands.
If you can't verify that I made the changes thats fine someone else can or I can send you the raw textures which are in a folder structure the very same as what Is used in the final compile if you want a archived version of this just ask or you can read the workshop description of the addon and browse my modding tools for VTF edit and GMA extractor, which you then can download the addon from the workshop use GMA extractor to extract its guts and use VTF edit to inspect the files.
Actually may be easier than that for you because I left the number scheme the same for most of it so you need only have the HRP pack on the side and search up any names which you think need to be removed. I can assure you that I did take steps to remove what I could sanely reconginze that you told me needed to be removed.
In-short
I don't know what that other guy is talking about, I did not simply rename anything to avoid the issue no idea where he getting that idea from, I dont even think he is directly saying I did I think what he means was I can't simply do that but I already know that. I am not stupid.
To the best of my knowledge I removed what ever offending material I could find which made its way into the repack prior to being shown the actual usage agreement. I also want to be super clear on the fact that I did not port any of the models, character model textures, hud or menu , weapons model or textures. Hell even half the actual sprites like the microphone I did not port.
I went through the entire project by hand and took out only what used for level design, orginally I took it out for use in my map and only my map but then I released after considering the F.A.Q which btw contradicts the actual terms of use you showed me and everybody here showed me.
Everyone here assumes I ported the entire project I have not done tha not even close that I am well aware that even without being told characters and models are a no go. I am sorry I did not upload it perfectly the first time this was a miss understanding of the terms I am going to continue to remedy any offending things which others might find that I missed.
Maybe you guys need to change the website to avoid this kind of confusion in feature?
Thats exactly what confused me on the first inital upload as well. I was not even aware of this second legal document and the first one was so vauge as to what the use was it read as if you can use it provided you don't make duke nukem 3D clones.
But I have been active in the fact I took the time to contact them about it after the above was pointed out to me and I in fact take the time to the best of my knowladge remove everything I could find which should not be there. Which was not a whole lot honestly.
The only things which are in my upload are the following http://puu.sh/6LJkX.png
It is almost just like the layout in HRP.
A few key differences are I have all of the signs and decal art along side the root of the main textures in sub folders.
Thats about it the rest of the stuff not in the folder is everything that was in the Eduke32HRP/Textures/ folder minus a lot of the stuff not needed for mapping use or would have been no use for mapping a lot of what was in here I moved into the sub folders mentioned above for easier sorting.
I did not include any of the other stuff and out of the all of the stuff I went through it all by hand and only took the level artwork and signs decals animated textures used in the levels and that was it. I did not use any of the weapon or character, hud art or anything else.
The only things in my upload I had to get fixed were the several or so refernces to duke character whole and the radiation image on the obviouse stuf flike the stadium field and anywhere else I could find it.
So I am not sure why everyone is hating on my project, I converted originally for my own uses as I was making a TTT gmod map for my own server then I decided to release it after I spent a number of days considering what the F.A.Q said. There are some pretty bad offenders on workshop of copyright and this is far from it.
Take a look at the WorkShop for yourself I have pre linked the search with Duke Nukem and you tell me how many copyrighted models or even straight rips of models from HRP.
I am not the kind of person who goes around releasing other peoples stuff without permission or pre given consent why would I do that. I have made a lot of my content in the past I would not like it somebody stole that and claimed it, so you know I won't do it to others either.
This is troubling.