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Poser 11 / Poser Pro 11 OFFICIAL Technical F.A.Q (Last Updated: 2024 Apr 15 3:14 am)

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Subject: Distributing Poser Figure Meshes Rights/ Legal Question


starlingblue ( ) posted Sun, 06 September 2020 at 6:49 AM · edited Fri, 22 March 2024 at 11:28 AM

So you can distribute inject morphs, commercially or otherwise, but can you distribute a complete figure based on this morph and based on a base figure? When you have Poser Pro?

Like when I create a new figure with new face and physiognomy from one of the base figures, can I sell this complete figure for use in game, or use in Poser or DAZ or give it away for free etc?

Thanks


adp001 ( ) posted Sun, 06 September 2020 at 7:34 AM

In my understanding: Morphs are X, Y, Z offsets from an existing object ("base figure"). You need this base figure to make the morph work.

You may sell (or whatever) the morph. But to use it, one needs the base figure (because the morph alone is useless data). You are not allowed to give away the base figure or anything to reconstruct it.

An exported morphed figure can be used to reconstruct the original base figure.

On the other side: As far as I know, some of the figures are free to use (contact rendo to know more).




infinity10 ( ) posted Sun, 06 September 2020 at 9:16 AM

From the Poser Pro 11 EULA "- “Unrestricted Content” means Content included with or part of the Program that is specifically identified in the Documentation or listed in this EULA as Unrestricted Content. The following figure geometries and their associated textures are Unrestricted Content: low res male, low res female, medium res male, medium res female." The rest are restricted.

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starlingblue ( ) posted Sun, 06 September 2020 at 12:05 PM

Thanks both of you.

What I do not get and makes me wonder is the following:

_“Legitimate Uses” means .... (d) creating original Content for sale, distribution, public display, or public performance; ... (f) creating characters or props based on Restricted Content in Proprietary File Formats, where the original (or modified) geometry, texture, or other Restricted Content files are not distributed with such characters or props;

(g) creating characters or props based on Restricted Content in Program Export File Formats for inclusion in game engines and in compliance with the Program Content License below, where the original (or modified) geometry, texture, or other Restricted Content files are distributed with such characters or props; ..."_

What does it mean? It sounds to me like that you actually can develop new figures from base figures and distribute them, provided the original content can't be extracted? Or not? Why not?


adp001 ( ) posted Sun, 06 September 2020 at 12:29 PM

It's quite simple: If your customer can use your item and does not own the base figure, you are not allowed to distribute it.




ghostman ( ) posted Sun, 06 September 2020 at 3:04 PM

A character in the poser world is not the base figure. It's usually the morph and the texture for it. So you can sell a Character that is made for a specific Figure mesh.

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starlingblue ( ) posted Sun, 06 September 2020 at 3:49 PM

ghostman posted at 3:46PM Sun, 06 September 2020 - #4398786

A character in the poser world is not the base figure. It's usually the morph and the texture for it. So you can sell a Character that is made for a specific Figure mesh.

Yes I understand that. But you can onl sell it for Poser, since it needs the base mesh when you only sell the morph data. You can not use this in game then.

And that is where I find the quoted wording above from the EULA confusing, cause it seems to say you can. Doesnt it? under the last point g).


EldritchCellar ( ) posted Sun, 06 September 2020 at 4:22 PM

The Poser Pro meshes that Infinity10 sites above as Unrestricted Content have one little Caveat... Unrestricted unless being used for a competing product. That's a big distinction.

Morph data can be redistributed freely or commercially if its 100% your own creation.

Morphs that are MR derived, such as those morphs included with La Femme pro and Deecey's Body Kit, can be included in a commercial product. Not permissible for free items.

Morph data is only the record of vertex positions. If you were to take a morph target obj and cut out all data except the v lines it would still function normally. Morphs aren't dependant on facet or normal or texture data.

In any case proprietary morphs can only be included in commercial items if said morphs are MR. For instance V4's shapes ++ morphs are proprietary morphs without the MR distinction. In that case it's possible to create a pose file that simply applies predetermined values to already existing dials. What is referred to as a dial spinner. There's a million such character presets for V4 available commercially, they state that "V4's Shapes++" is required by end user.

Poser's built in export morph injection makes things much easier now and you can pick and choose from a list of all the figures morphs which will be included in the inject pose.

While this makes things easier than it used to be in the past to create pmd injection files, it's still important that you don't inadvertently "bake down" proprietary morphs into your custom morphs, that is if said proprietary morphs are without the MR distinction.

Unless conscientiously creating morphs with MR and custom elements, intended for commercial or strictly personal use, use caution when baking down multiple morphs as to not include proprietary data.



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EldritchCellar ( ) posted Sun, 06 September 2020 at 4:31 PM

As an aside there have been Pauline derived figures created that have modified obj included with the distribution. Darkseal's Succubus Figure is one such. Apparently this is a matter that can only be determined by speaking directly with the company/creators of the original figure to determine the EXACT meaning of use.



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nerd ( ) posted Sun, 06 September 2020 at 4:50 PM
Forum Moderator

Paul and Pauline are classified as Vendor Resources as Are LaFemme and lHomme. You should read the definition of vendor resources in the manual. Essentially it means derivative works are permitted.


EldritchCellar ( ) posted Sun, 06 September 2020 at 4:51 PM

Pauline Obj left, Succubus Obj right...

plsc.png



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EldritchCellar ( ) posted Sun, 06 September 2020 at 4:54 PM

nerd posted at 5:52PM Sun, 06 September 2020 - #4398795

Paul and Pauline are classified as Vendor Resources as Are LaFemme and lHomme. You should read the definition of vendor resources in the manual. Essentially it means derivative works are permitted.

Nothing I said contradicted that. I did read it.



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EldritchCellar ( ) posted Sun, 06 September 2020 at 4:57 PM

La Femme/Lhomme obj is NOT redistributable as a vendor resource. Which gets at the crux of what OP is asking. Pauline and the Poser Pro meshes? Contact who? You apparently lol.



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FVerbaas ( ) posted Mon, 07 September 2020 at 11:28 AM · edited Mon, 07 September 2020 at 11:29 AM
Forum Coordinator

Too many caveats there, clauses and subclauses. Poser users are not US lawyers. Nerd's advice is welcome. I am sure Jenn backs his words. But why all the obfuscation. Why is this still not straight and simple in the legal docs?

A simple and straight solution for content that (partly) draws on content that is not free to distribute would be to present it alongside the other Poser downloads; a sort of shop/freestuff space behind the license code lock.


EldritchCellar ( ) posted Mon, 07 September 2020 at 11:59 AM · edited Mon, 07 September 2020 at 12:07 PM

Herein is the real problem. It doesn't matter how many times you read it. The bottom line is that with the "unrestricted content" it's still a matter of being determined by a final arbiter what exactly is or isn't "competing"...

As an example;

so let's say I were to create a new figure from the Poser Pro medium res mesh and cr2. I spiffied up the rigging, changed the uv mapping some, changed the topology some... A derivative figure. Allowed by the wording of the license. Who's to say, after all that work, someone at the company decides "hey you know what, I don't like this guy EldritchCellar, I think the company has determined that this derivative figure he's created somehow competes with one of our other products (namely every other FIGURE sold by rendo or included with Poser)."

So in fact "unrestricted" is actually "hmmm. Someone needs to decide if this is a competitive product. Oh wait a minute, he's not going to sell it here? Sounds like a competitive product to me" Pull the plug on that.

Here's the relevant section of the EULA for clarities sake lol...

20200907_123903.jpg

Probably a good Feature Request for Poser 12 would be... unscramble the LICENSE TEXT.



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