Is that even legal?

[quietrob]

I just tried to search my purchases over at DAZ. Suddenly they have a NEW End User agreement! I have to agree to some contract that I don't understand to access purchases that I've already had for years? Items that came with their own EULA?

Is that even legal?

 

[Deleted member 325]

In a word, no.

Edit: However, this is the third or fourth time they have done this (changed the EULA and tried to make it retroactive and force users to agree to it to download previous purchases).

 

[quietrob]

I know it sounded wrong. It even says that this agreement supercedes the previous agreement. It's like saying we have your child, we'll give him back as soon as you sign on the dotted line. Don't bother reading all the legal stuff. Fake news.

This is fake news and it's wrong.

 

[Miss B]

Geeze, they even tied it to DIM. What cr*p. Good thing I don't buy anything there any more, but what a PITA it's going to be if I need to download anything again.

Thank goodness I have everything backed up on my external hard drive.

 

[quietrob]

I know! About every month and a half I drop by to pick up a freebie and see if they have enough Poser content to merit more. This is just another reason why I rarely shop there when I used to literally visit every day. Now I won't be able to download the freebies I've accumulated. If there isn't anything sinister in this new agreement than why are they holding our bought content hostage? This CAN'T make DS users happy.

 

[Deleted member 325]

Sadly, so many of the more fanatical supporters do not seem to read, or do not actually understand some of the finer legal points, in these updating EULA's nor seem to understand that you can not change the terms of a EULA for previously purchased content. Changes to a EULA are not retro-active and can not be enforced as such. Sure, if Software company X makes a new EULA for their update they can enforce it from that new update onwards - but if I refuse to accept it they cannot then demand I destroy or cease using previous versions which had a different EULA I agreed to.

Worse, so many of the more fanatical supporters of Daz do not imagine changes and this sort of evasive and deceptive ethical conduct possibly harming them - I have had enough "discussions" with them they feel as long as they support Daz and stay in Daz's good graces they have nothing to fear.

This current version of the EULA contains language that essentially says content may not be rightfully Daz's and End User must verify any possible conflicts (Section 1 third paragraph Title and Ownership) - also require the user to hold Daz blameless and fore go any recovery should use of Daz content result in infringement of a third parties rights (not sure this can be enforced legally due to U.S. court doctrine on "Clean Hands"). Requires users to fore-go any legal, IP, copyright, fraud, or litigation whether legitimate or not and undergo arbitration for possible damages and said arbitration will exclusively be held in Salt Lake City Utah. Allows for Daz to seek injunctions by court order to prevent a possible breach of terms or disclosure/release of protected data and insure it's containment and destruction (i.e. court seizure of computer equipment, subpoena of internet logs, emails, online storage and cloud storage, etc... though these are not spelled out this is not excluded given we are talking about the use and transmission of digital data). Sure many may feel if they do not move in circles that are known for file sharing they have nothing to fear...but what if Daz has an axe to grind.

I personally find the entire section of the EULA about Patent Copyright and Trade Secret indemnity as well as Infringement Warranty laughable. I look at their catalog and se Armor from Game of Thrones, a Cylon Raider from classic Battlestar Galactica, a Gun Drone from the movie Oblivion, A Stormtrooper helmet... Does Daz really expect me to believe that to the best of their knowledge these do not infringe on other parties intellectual property rights?

Glad I have never agreed to this EULA. Nonetheless I will wait in anticipation of threatening emails and letters from Daz3D.

 

[Willowisp]

..not to mention Dwemer ruin sets from Skyrim.. can't believe they actually let that pass..

 

[Bonnie2001]

There must be a reason DAZ are doing this now. I wonder if they are facing copyright infringement lawsuits similar to what happened at Turbosquid (BMW Group Sues Turbosquid for Selling 3D Models of Their Car Designs - SolidSmack -), and are trying to do damage limitation?

 

[Hornet3d]

There must be a reason DAZ are doing this now. I wonder if they are facing copyright infringement lawsuits similar to what happened at Turbosquid (BMW Group Sues Turbosquid for Selling 3D Models of Their Car Designs - SolidSmack -), and are trying to do damage limitation?

I have to wonder just how much of this has to do with breach of copyright or just another large corporation throwing it's weight around. They are relatively new to the game but it has been going on for years and some corporations always seem to have multiple claims going at any one time while also defending the multiple claims against them. Not sure who wins in the long run, other than the lawyers of course.

 

[Darryl]

That's troubling and unfortunate. One more reason to create more of the content yourself if possible. Many of the Daz folks seem to only buy from the Daz store as well. I wish them luck in the future.

 

[LisaB]

While your questions about this new Daz EULA are valid, this forum is not the appropriate place to get answers to them.

We are not even a full page in and already there are attacks on groups of people. Continuing in this manner will not be productive or lead to answers or a solution.

Please address your questions on this to Daz.