Heroforge corporate BS
Hah, Hereforge is bonus shady. I emailed to delete my account because of the recent TOS change (yes I've seen their reply, no that's not what their TOS actually says)
Their reply includes this lovely line:
"Please make sure to cancel any subscriptions before confirming you want your account deleted, or you will continue to be charged."
...WHAT. How is that in any way, shape or form an acceptable thing? "Yes, we're going to continue to charge the account that no longer exists and which you can't log into to turn off". Seriously?
Heroforge corporate BS
@Doephin Just an FYI that TOS update is literally nothing more than the exact same rights that any artist has over a picture you commission them to draw. All it says is that you can’t make a character in their mode maker, screenshot that model, then use the screenshot as the cover of a book you intend to sell.
They are NOT saying they own your OC. All the freaking out about that is fear mongering from people that don’t understand what it means.
re: Heroforge corporate BS
@Aarkethrix They've claimed on Twitter that they "just" own the 3D model, but this is what their lawyers will be using in court:
"For the avoidance of doubt, you expressly agree that all intellectual property rights in and to any and all character or other designs or any 3D Models that you may create on or through the site (“Character Designs”) and all Content are the property of Sky Castle Studios"
And that says they own *everything*. Notice despite them saying "oh it's just the 3D models" the 3D models are called out separately?
"All character or other designs" is a very, very broad term. Section 2.1 could very easily have a few terms added and cover what they claim to be asking for. This is more than that. Also it's new- from last month.
re: Heroforge corporate BS
@Doephin It does not mean that if you remake your OC in their maker, that they own the IP to your OC. They own the specific design utilizing their assets because they do, and if they didn’t, they wouldn’t be legally able to store your model if you saved it or sell it to you.
If you make Doomguy in their maker they do not suddenly own Doomguy.
re: Heroforge corporate BS
@Doephin this is the same panic people have every time somebody re-discovers the clause in any social website’s TOS that allows them to re-size your pictures in to thumbnails with you being able to sue them for it.
They legally can not use this TOS to try to steal your OC. That is NOT how it works.
re: Heroforge corporate BS
@Aarkethrix Even taking it at it's most charitable- which is pushing things- here's the problem.
They now have copyright on that design.
Anything further you create- on site or off- using that character is now a derivative work. And therefore a violation of their copyright. Not the 3D model, or screenshots: the design. The character appearance.
(also no, this isn't equivalent to social media ToSs at all)
re: Heroforge corporate BS
@Doephin I do not know how to say this any more politely than to simply inform you that you have a very flawed understanding of how copyright and IP law works, and that is not the case in any capacity here.
They own a copyright of the design that involves nothing but their assets, they DO NOT own the IP to any OC you make an approximation of in their editor.
re: Heroforge corporate BS
@Doephin the way the character looks as you put it, is a character made using their assets in their editor.
You make a red dragon with gray hair and a red and gold coat in their editor? They own a red dragon with gray hair and a red and gold coat made using their assets. They do not own pictures of my Fursona or his design.
re: Heroforge corporate BS
@Doephin you should HOPE that they try to sue you for your fursona actually, because the case would be so open and shut that a copyright lawyer would take it on pro-bona and sue for emotional distress and all associated court costs including their fees, and you’d both walk out with a few grand for your trouble.
re: Heroforge corporate BS
@Aarkethrix That may be their intent, but it's not what the language says, and I really doubt you know IPR as well as you think.
The character designer includes names. Good luck arguing that "Aark" the red dragon with these specific characteristics isn't "Aark" the red dragon with these extremely similar other characteristics.
The entire section after "avoidance of doubt" is new from September, and is extremely far reaching. Like if you...somehow? accidentally made something patentable with their character creator they get the patent.
I'm not sure how would WOULD, but the language is there. It reeks of someone at corporate being stupid with their attorney requests.
re: Heroforge corporate BS
@Doephin again. I mean this as politely as possible but everything you just said is nonsense, and I urge you to take a breath and realize that this isn’t even a fight, it’s just a matter of being wrong, and that energy would better be spent elsewhere. They can’t steal your Fursona with this TOS, the language is NOT there, because legalese and general public language are two different things. That’s why people go to law school and have to get licensed.
re: Heroforge corporate BS
@Doephin legally, all they own is the model. Legally, all they can do is sue you if you take the model and try to use it commercially in other ventures. Legally, “character design” will do nothing but describe the character’s look in their model maker. Not any other medium.
That is all.
re: Heroforge corporate BS
@Doephin yes and notice how they specify “created through the website”. Meaning any design made from a combination of their assets, textures, and animations is theirs, because it is. Just like any picture design made from an artist’s own style and brushes and work belongs to them.