Against TOS?

I met this guy today and asked him how'd he built his stuff. He said he downloaded models from Google Sketchup 3D warehouse. He said, he'd open it up and examine the model, then he would try to replicate it in Second Life. I don't remember his SL name, but I was wondering if this was against TOS?

I actually asked him if it was against TOS and he said, it probably isn't. Because he said that it's like finding a picture of what you want to build and you build it.

I mean, i checked out the 3d warehouse, and it was mostly made of real like objects such as guns, houses, and stuff from video games and anime shows or whatever. So I'm just wondering if it is against TOS.

If it isn't against TOS, how?

The license terms for that stuff is pretty liberal, Google places very few restrictions on it (and uploaders need to agree to that). As long as you don't use it in a competing mapping application, or create a competing bundle of models, it's pretty much open.

My view: what part of the TOS are you thinking of?
You can even use most inworld mod-enabled objects to examine and educate yourself by studying their structure and setting. Unless you are going to create an exact copy of said object and claim it your original work, where is the problem?

But your third paragraph suggests that you are concerned about the legal status of the Warehouse models because they represent real life, probably trademark registered products. If that's the case of your concern, I'd say it's up to Google to handle any legitimate issues, not LL's task to stretch their TOS to any third party websites or models.

It wouldn't even be against the TOS if it was an SL linkset he was recreating, although different people will have different feelings on how ethical or uninspiring that would be and would be influenced by whether it's for personal use or resale.

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To elaborate on recreating in this context before some people get all agitated again: visually observing something and recreating it using the original model (in the broadest sense) as a guideline.

It's only when you use whatever method to make carbon copies of a prim and/or grab textures/sculptmaps that you're threading on dangerous ground and do something that likely could violate copyright or license terms.

If you make something from scratch that is based on someone else's design, surely it's not wrong, as long as you don't try to pass it off as their design.

Blue's Office Hours - 18 June 2008 *You* being Blue Linden

[16:51] You: well....take into account, before we start chopping heads, that only a RL court can decide actual ownership of IP...LL can't do that
[16:52] You: we can only act on DMCA claims

Hi Blue!

If you want to know whether something violates the Second Life TOS, look for a clause in the TOS which an action might violate.

It's not necessarily true that any action that sounds shady, or seems to be cheating somehow, is againt the TOS.

The only clause of the TOS that comes close to governing the use of the Google Sketchup models comes from the broad prohibition in 4.1 of the TOS which, in summary, prohibits users from using Second Life to violate any law.

So whether it violates SL's TOS depends on whether it is illegal to use the Google Sketchup models in the manner they are used, and that depends entirely upon how those models are licensed.

Don't necessarily assume, without researching, that it violates logic to believe that these models could have an open license allowing just about any use. Individuals and companies have made 3D models available for free download on the internet for as long as I've been a hobbyist in 3D graphics, with licenses that are open and allow just about any sort of use. I don't know about Google Sketchup specifically, but for all the 3D applications with which I am familiar, there are many places on the internet that I can go to get free 3D models with open licenses that would allow me to legally do what was described in the original post.

NOT SL TOS but possibly TOS of the site he is downloading from or the TOS of the products he is downloading and using as source.

He is simply using them as reference. THere's no simple way to automatically translate 3D models from others sources to SL -- at least beyond sculpties there's not much out there that's both flexible and convenient.

So is using other 3D work as reference really a wrong-doing? Probably not as long as the object itself was a replica of something in RL and not a unique copyrighted design created by the previous 3D author.

Either way SL and LL will not care about any of the scenarios above.

The most that can happen is if there's wrong doing the creator of the original 3D work can file a DMCA but that process has little to do with LL, it is a typical copyright fair use infringement contest/litigation process.

Absolutely nothing wrong with it.

It's no different than taking a photo of a car or something and making one like it. If it were against the TOS, then just about every creator in SL would be guilty. There is very little in SL that sprung from someone's mind with no outside influence or Real Life parallel.

Thanks Darien Caldwell to bring light in this discussion

i get botherd shortly for a build of a SL object that looks too similar.
Most things i Build i build from Photos as its the Easyst way to build.
Reference images are comon used in 3D aplication and Designers .
Dosent matter if the photo is a Real world pix or a SL pix or a goodle Scetchup pix.

I think ther are very view Designers that can claim to be a real desinger and have unic rights on ther desing .As even the best artist get inspirations from some where .
As a Building Exercise you even should train to rebuild what ever as close as posible.
Most newbies start to rebuild the freebies arround as a exercise ,later one you can tray to build stuff from great builder too .
And it woud be your build with full rights what ever you due with it .
I dont think a rebuild violet any TOS or IP rights .As long ther is no stollen Textures scripts ,Sounds missused . Just that something look llike is in europe at least no fiolation of any right .
Or iam wrong ?