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New Custom Content deleted for violating TOS... Help !


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#1 monkeydude1969

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Posted 11 June 2017 - 03:44 AM

I have a fairly extensive set of custom content on the Sims 3 Exchange which has been there for quite a while now. I have been away for a bit of a break and decided to upload some new items. At first, they didn't appear at all but then three of them got removed with a `dude where's my car` splash screen saying they had been removed for violating the TOS.

 

Given that the majority of my items are Superhero related with no issues up until now can I assume there is some ultra-aggressive algorithm that now sniffs out any hint of IP violation? I randomly tried `Spiderman` as a search term and got 66 hits so clearly I am not the only one who takes my inspiration from the world of comic books and movies.

 

Anyone got any ideas what is happening?

 

Cheers  :D



#2 Fishbowlsarefab1

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Posted 11 June 2017 - 03:50 AM

Was your content similar to any of the others and may have been seen as you copied someones post. Stupid i know but sometimes this does happen.



#3 Fishbowlsarefab1

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Posted 11 June 2017 - 03:52 AM

Oh yer if you can attach the TOS that would be a big help.



#4 monkeydude1969

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Posted 11 June 2017 - 03:59 AM

The TOS I think is causing the problem is :

 

You are responsible for your UGC. You may not upload UGC that infringes a third party's intellectual property rights or that violates the law, this Agreement or a third party's right of privacy or right of publicity.

EA may, in its sole discretion, remove, edit or disable UGC for any reason, including if EA reasonably determines that UGC violates this Agreement. EA does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. EA does not pre-screen all UGC and does not endorse or approve any UGC available on EA Services.

When you contribute UGC, you grant to EA, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You also grant all other users who can access and use your UGC on an EA Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant EA Service without further notice, attribution or compensation to you.

 

 

I just wondered if anyone else had seen this happen. From a few searches on the Exchange EA would have to remove quite a lot of exchange items for violating IP rights. Considering this would be a massive pain to do retroactively I can only assume that they have decided to filter things going forward.



#5 Fishbowlsarefab1

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Posted 11 June 2017 - 04:48 AM

Yer its saying that the agreement was violated (You accept the agreement once you post)



#6 sim_man123

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Posted 11 June 2017 - 02:40 PM

The TOS I think is causing the problem is :

 

 

It's not the TOS that is causing the problem, it's your content. While no, you're certainly not the only one to take inspiration from other sources, it clearly says you can't upload anything that infringes intellectual property and copyright - which is going to be ANYTHING that already exists, in a commercial manner or not. It's a copyright violation, end of story. You shouldn't have ever published it in the first place. (Neither should anyone else.) Typically something like this is considered "small potatoes" and as you've seen, can go unnoticed for a long time. Then when Marvel/Disney comes along and says, "...uh, hey, you should do something about this" once there are hundreds of violations, then there is going to be action taken. Whether or not it's an automated process or not (or how thorough it is) I suppose remains to be seen. Perhaps there will be a manual pass once the algorithms are finished to pick up straggling content. Either way, you, nor anyone else, has the legal right to publish any kind of existing superhero content - or anything else that has copyrights in place. What did you expect to happen?  ;)



#7 monkeydude1969

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Posted 12 June 2017 - 03:41 AM

I understand those big companies want to protect their rights. However, where does it end? Ok, I may not have any legal `right` to take inspiration from a source that I am passionate about but does that make my time and effort worthless?  I wish I had the talent to make clothing from scratch but sadly I don't. By that logic, about 99% of the artists on DeviantArt should have their works removed from the internet for infringing a truckload of IP's.

 

Some of us get by on the talent we have and just want to share our passion with other people on the SIms. I hardly think my Harley Quinn T-Shirt is going to give the accountants at DC sleepless nights. I get it from the angle of the law, all I am saying is its a shame.



#8 sim_man123

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Posted 12 June 2017 - 03:39 PM

No, it does not make your time, effort, or talent worthless. I obviously can't see whatever it was that you had made, but it is not "taking inspiration from a source that you are passionate about" - it's blatantly using trademarked and copyrighted materials. Inspiration would be like, "wow, I really love all these superheros, I'm going to invent my own" and not so much "I love this superhero that someone else made so I'm going to take it and use it."

 

If you wish you had the talent to make clothing from scratch, start learning! Stop and turn the situation around for a moment - what if you DID have the talent and spent all of your free time and energy making beautiful creations that everyone loved and recognized, and then someone else comes along, "oh, I wish I could make things like this, but I can't, so I'll just use their designs instead." Talent, or lack thereof, does not mean you can take whatever you want to use as yours. People love their fandoms - I get that. Downloaders want content for their favorite characters, TV shows, movies, etc, and the original developers aren't always going to be on board for teaming up with EA for stuff packs. Creators fill in a very big gap - just be aware that no matter how many people do it, or like it, it's not allowed, and can all be removed at the drop of a hat.

 

While you are absolutely correct about places like dA, the logic of "someone else is breaking the rules, why can't I?" isn't exactly a strong argument. dA WOULD lose tons of work if every piece of IP was removed. It all depends on who from what company sees what, and if they have the time and money to devote to chasing it down. Is a piece of sims CC hurting anything? No, but, the bottom line is that IP violations are literally theft - you took a design that wasn't yours to take, and have turned it into something that was redistributable under your name. This is not the first nor the last time this will happen. Take a look at our Featured Artists, for example - most of them work strictly with original designs because we've had tons of takedowns happen as well. Likewise in other media platforms - while dA may be crawling with copyright violations, look a little higher up the chain at a more professional site like Behance, or even ArtStation. There are significantly less examples of IP violation, and far more original content, as people realize you simply can't use other peoples' stuff for your own.



#9 monkeydude1969

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Posted 12 June 2017 - 11:34 PM

I wasn't saying that I COULD use recognised IP's just because `other people do`. My point is that every piece of fanart ever created is by that definition blatant theft. 

 

This dress uses a wonderful piece of fanart by the dA artist Nindei, with her full permission:

 

https://goo.gl/photo...p4U6d1vSaGxcv59

 

 

and this is a T-Shirt that I had an idea for when I was thinking about what makes someone an `Old School` Gamer:

 

https://goo.gl/photo...p5a5tzBWAoFA6c7

 

Does one have less merit than the other? And by your logic should Nindei stop wasting her time and think up an original Superhero or Villain already ?



#10 sim_man123

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Posted 13 June 2017 - 04:44 PM

I'm not saying anyone's creations are a waste of time or have no merit to them. What I'm saying is that you've started a thread asking for help and wondering "why this is happening" - it's happening because you (and everyone else who you are defending) are not allowed to share such content. No one can stop you from making something - but as you've learned, they can and will stop you from sharing it. 

If you're going to violate copyright laws, then having your content removed is a risk that you take. Large content and media sharing websites, such as the Exchange/Gallery, or dA, or YouTube, or wherever else, end up having such a large amount of content flowing in that it ends up getting published automatically because noone has time to look through so much stuff. When the owners of a copyright complain, they'll look through and find said content and remove it. The way to avoid having your content removed is to read and actually abide by the terms of service for wherever you are uploading anything, which is always going to include not using copyrighted materials.  ;)






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