Seeking assets for our new store!

Discussion and feedback on Construct 2

Post » Fri Aug 01, 2014 3:40 pm

New Draft

Please download/view from here:
https://www.dropbox.com/s/7w2qff6ef4888ra/License%20draft.docx

Any comments welcome as usual.
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Post » Fri Aug 01, 2014 4:15 pm

Tom wrote:
What if the licensee purchased the content to create an advergame or interactive banner? What if the licensed content (say a sprite or a piece of music) is featured in an advertisement for the game?


Added an exemption clause "There is exemption is for online advertisements that are solely advertising the Work For Distribution.".


What about print advertisements, like flyers a developer would give out at events or a magazine advertisement for their game?
Or non online video/audio game advertisement like TV or radio?
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Post » Fri Aug 01, 2014 6:04 pm

Tom wrote:As far as modifying the royalty free assets themselves, what are sellers thoughts on this? If you sell graphics/sounds would you mind if someone were to heavily modify them?

As long as you're within the scope of the license, I think anything goes. For instance if you purchase a sprite for an enemy and then modify it with different colors to represent different team/champion/boss/difficulty versions of the enemy, I think it's ok that you only have to use one license, since it's all the same work.

I also think it's ok to purchase a piece of music and convert it to some weird underground format and heavily modify/distort it, as long as you have a license and you're using it for one project only, that should all be in the scope.

Besides, construct 2 itself does modification on sprites (by compressing and composing into a tilesheet) and conversions on audio, it would be super weird if construct automatically violated the license.

Also @Tom, I sent you an e-mail requesting seller access to the store, did you get it? I've been having some issues with my outbox.
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Post » Fri Aug 01, 2014 6:48 pm

So I'm just going to ramble a bit about the license, most of what I say is probably going to be irrelevant, but since you asked for feedback, here goes:

If the license is issued to a named employee and that employee is no longer under
employment by the business, you must email Scirra and inform them.

You must inform Scirra of a licensed employee's termination in all cases or only if you want a new license? What if I terminate an employee but he keeps the license? Shouldn't the "named employee license" only be usable by said person within the context of the business or can the employee use the license for its own benefit?

When the Startup has generated more than the permitted lifetime revenue

Might want to define what "revenue" means, preferrably in section A.1. Does it mean profit or raw income? Before or after taxes? Does paying the employee constitute an expense?

You do not need to pay any Royalties for any content you publish.

You don't need to pay *Scirra*, other conditions might apply.

You are not permitted to reverse engineer any part of Construct 2 or the licesning system.

Typo. should say licensing instead of licesning. Also a waiver for "explicit written permission" might apply here for cases where one might want to reverse engineer construct 2 to create plugins, modify xml, fix bugs, or create exporters/wrappers. This already happens frequently with beefier plugins like spriter.

May also put in a clause saying you're free to modify and/or reverse engineer the OUTPUT of the program.

Licenses for Construct 2 are indefinite and entitle you to free updates to any future
releases of the Construct 2 editor for life permitting you are in possession of a valid and
fully paid for license and you have not broken any terms of this agreement.

Might want to reinforce that free upgrades are for the "2" version of the editor. You aren't entitled to a free upgrade to Construct 3. Also might want to add that you're not entitled to free access to any addons to construct that may or may not happen.

Licensee may provide access to Licensed Content to no more than ten Authorised Users
simultaneously provided that access to Licensed Content is used solely for the purpose of
creation or reproduction of Works for Distribution made by or on behalf of Licensee

Missing a comma between simultaneously and provided. Also the 10 users seems a bit arbitrary but whatever.

Licensee may use the Licensed Content in up to 1 commercial projects.

Please get rid of the "commercial" project. A project is a project is a project. Even with the definition of "commercial" that follows this statement, the license still allows you to use the content to make projects with no intention of being commercial (such as fangames or portfolio pieces) that indirectly generate revenue (by attracting traffic to other ad-supported sections of the site, for instance).

Licensee is permitted to use the Licensed Content in unlimited free projects.

See above. All projects generate revenue in some form, even if said form is "recognition" - which is later converted to cash through becoming a reference in the area.
Let the project creator handle these issues with the seller through written agreement if he/she wishes to use licensed content for "free".

Licensee may not distribute Licensed Content in a manner meant to enable third parties to creative
derivative works incorporating Licensed Content.

should be "create" instead of "creative".

Licensee may not incorporate the Licensed Content in advertisments, broadcast TV,
theatrical or movie releases. There is exemption is for online advertisements that are
solely advertising the Work For Distribution.

Or if the work itself is an advertisement. Like I said, there's an use case of construct 2 where the user creates small advergames. Also, the word "online" doesn't make sense here. What if a game I created is being advertised via print, or offline digital media?

Licensee shall not use the Licensed Content in a manner that violates the law of any
applicable jurisdiction.

This is untenable and impractical. Different laws are often contradicting, the licensee isn't obliged to know all laws his work may appear on. A clause where the licensee accepts liability for his work in all applicable jurisdictions would be way way better, and allow you to get rid of the "pornographic/defamatory" clause. Also you mention pornography but neglect violence and gambling, which makes this clause extra-weird.

Licensee must with immediate effect stop using the Licensed Content, destroy, delete and
remove the Licensed Content from Licensee’s premises, computer systems and storage.

And inform all parties who may have copies of the licensed content to do the same - Example: you must remove your stuff from kongregate as well.

Licensed Content purchased at an exclusive price are permitted for use on unlimited commercial projects within the terms of this Agreement

Get rid of the word "commercial" here, it makes no sense. Add a disclaimer stating that you may still not resell the content directly (actually it would be better if you defined "project" in section A.1). Also merging C.4 and C.5 would be better for clarity (the heading "royalty free license" makes no sense since royalty free license is the whole license).

If you receive a refund for payment of Licensed Content in part or full, your license is no
longer valid with immediate effect.

"you must destroy/delete/remove yadda yadda yadda" <-- reinforce this

You may not use the e-books or any part of the e-books content for any commercial, promotional, institutional, corporate or teaching purposes.

Unless everyone else you're interacting with also has a license? I mean if you buy the ebook for everyone then you could use it for teaching within your organization right?

If source code is provided (in the form of a CapX file in the download of the Licensed
Content, the “Source Code”) Licensee is permitted to modify any aspect of the provided
Source Code (permitting a valid Construct 2 license is in Licensee’s possesion) and create
derivatives of the work and publish the modified Licensed Content and derivatives on the
Domain Name, as long as the modifications and derivatives do not breach any stated
restrictions or terms listed in this Agreement.

You shouldn't be able to modify the source and resell the source. I.E.: The way it is now, I could buy games in the scirra store, reskin them, and resell them on FGL, and I wouldn't even be breaching the license.

An exclusive price means that the item from that point onwards will be delisted from the
Scirra store and no longer for sale.

Can it be relisted? What if the seller modifies it and relists it? Can the seller still maintain it listed on other sites? Can I then list it?
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Post » Sat Aug 02, 2014 11:07 am

KFC wrote:
Tom wrote:
What if the licensee purchased the content to create an advergame or interactive banner? What if the licensed content (say a sprite or a piece of music) is featured in an advertisement for the game?


Added an exemption clause "There is exemption is for online advertisements that are solely advertising the Work For Distribution.".


What about print advertisements, like flyers a developer would give out at events or a magazine advertisement for their game?
Or non online video/audio game advertisement like TV or radio?


Modified it to read:

Licensee may not incorporate the Licensed Content in advertisments (excluding advertisments for permitted Work For Distribution), broadcast TV, theatrical or movie releases.
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Post » Sat Aug 02, 2014 11:08 am

Fimbul wrote:Also @Tom, I sent you an e-mail requesting seller access to the store, did you get it? I've been having some issues with my outbox.


I think I'm on top of all my email, could you send it again if you didn't get a reply from me please?
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Post » Sat Aug 02, 2014 11:34 am

So I'm just going to ramble a bit about the license, most of what I say is probably going to be irrelevant, but since you asked for feedback, here goes:


Not at all irrelevant! I'm happy people are reading it and giving feedback, it's really important.

You must inform Scirra of a licensed employee's termination in all cases or only if you want a new license? What if I terminate an employee but he keeps the license? Shouldn't the "named employee license" only be usable by said person within the context of the business or can the employee use the license for its own benefit?


Rephrased for clarity in next revision:

If the license is issued to a named employee and that employee is no longer under employment by the business, the license is no longer valid for use. You are allowed a reissue of the license, to do this please email a copy of the license to Scirra. We will then revoke the Business License and issue you with a new Business License.

Might want to define what "revenue" means, preferrably in section A.1. Does it mean profit or raw income? Before or after taxes? Does paying the employee constitute an expense?


I don't think this needs changing, revenue in business is clearly defined as all income before any deductions (taxes, expenses etc).

You don't need to pay *Scirra*, other conditions might apply.


Edited for clarity in next revision.

May also put in a clause saying you're free to modify and/or reverse engineer the OUTPUT of the program.


Edited to:

Without express written permission from Scirra you are not permitted to reverse engineer any part of the Construct 2 software or the Construct 2 licensing system. You are not permitted to distribute or generate your own licenses or versions of Construct 2 designed to circumvent restrictions on usage.

Might want to reinforce that free upgrades are for the "2" version of the editor. You aren't entitled to a free upgrade to Construct 3. Also might want to add that you're not entitled to free access to any addons to construct that may or may not happen.


I think it's clear enough it's for the Construct 2 editor as is. Updates/addons that aren't part of the Construct 2 editor are not implied so I don't think this needs modification.

Missing a comma between simultaneously and provided. Also the 10 users seems a bit arbitrary but whatever.


It does seem arbitrary but just stops rampant abuse. It seems to be fairly common in other licenses.

should be "create" instead of "creative".


Thanks :)

Or if the work itself is an advertisement. Like I said, there's an use case of construct 2 where the user creates small advergames. Also, the word "online" doesn't make sense here. What if a game I created is being advertised via print, or offline digital media?


Have modified (see above) for advertising content related to work for distribution. Regarding works that are advertisements themselves, I'm happy to restrict this. The asset store is meant to be for people making games, not making advertisements and I want all buyers/sellers to know this.

If there is a professional advertising agency that wants to buy royalty free graphics for these advertisements it's prohibited and they can contact the seller directly if they really want it.

Licensee must with immediate effect stop using the Licensed Content, destroy, delete and
remove the Licensed Content from Licensee’s premises, computer systems and storage.


And inform all parties who may have copies of the licensed content to do the same - Example: you must remove your stuff from kongregate as well.


Added Licensee must also make all reasonable efforts to ensure that copies of the licensed content are removed from any locations it has been distributed to.

Get rid of the word "commercial" here, it makes no sense.


You're right, removed.

Add a disclaimer stating that you may still not resell the content directly (actually it would be better if you defined "project" in section A.1)


I don't think this needs repeating.

Also merging C.4 and C.5 would be better for clarity


Merged and removed duplicate statements

"you must destroy/delete/remove yadda yadda yadda" <-- reinforce this


Edited to If you receive a refund for payment of Licensed Content in part or full, your license is terminated with immediate effect and you must follow all termination procedures listed in (c3). If you purchased Licensed Content at an exclusive price it may be relisted for sale in the store.

Unless everyone else you're interacting with also has a license? I mean if you buy the ebook for everyone then you could use it for teaching within your organization right?


Added (teaching is only permitted on the condition each student owns a valid license for the e-book).

Can it be relisted? What if the seller modifies it and relists it? Can the seller still maintain it listed on other sites? Can I then list it?


No and no, this will be covered in the seller agreement though (still being drafted).

Now for the more difficult point :)

Please get rid of the "commercial" project. A project is a project is a project. Even with the definition of "commercial" that follows this statement, the license still allows you to use the content to make projects with no intention of being commercial (such as fangames or portfolio pieces) that indirectly generate revenue (by attracting traffic to other ad-supported sections of the site, for instance).

This is untenable and impractical. Different laws are often contradicting, the licensee isn't obliged to know all laws his work may appear on. A clause where the licensee accepts liability for his work in all applicable jurisdictions would be way way better, and allow you to get rid of the "pornographic/defamatory" clause. Also you mention pornography but neglect violence and gambling, which makes this clause extra-weird.


I'm happy with how it is defined at the moment. I do appreciate that portfolio pieces et al do have indirect benefits. If anyone else wants to weigh in on this it would be appreciated.
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Post » Sat Aug 02, 2014 11:35 am

New draft:
https://www.dropbox.com/s/7w2qff6ef4888 ... draft.docx

I think we're just about there.
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Post » Sat Aug 02, 2014 12:07 pm

I am so happy to hear this! I'm hoping it takes off and visual assets get flooded in the store. I'd be willing to pay for some good graphics.
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Post » Sat Aug 02, 2014 2:48 pm

I just hope it's not too restrictive now. I mean, in the end the shop is meant to be profitable. But with too much restrictions, people may consider to not buy. I'm happy that music is not bound to a certain format. But if I read about the ebooks... Imagine a teacher having interest in an ebook to use parts from it in his class. He/she would have to buy 20 (or however many students there are) licenses of the same ebook! I think this will lead to the decision to better buy one printed book from another author in a local shop instead.

Also, the commercial project declaration is still not so obvious to me. If someone creates a game with graphics bought in the shop and then sells the game for pc, it surely is a commercial project. Half a year later, the game is so successful that additionally a free version with ingame-ads is published on (Kongregate/Armor Games/Fill in whatever you like). Now is it still 1 project? And if not: where is the threshold?
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