Sony Snatching LittleBigPlanet User Content

[Logan Frederick]

Sony Snatching LittleBigPlanet User Content

Small edits to the Terms of Service for one of the PlayStation 3's most hyped holiday hits, LittleBigPlanet, allows Sony to resell user-created content.

LittleBigPlanet's appeal since its inception has been the extensive customization options, allowing players to build their own levels and gameplay mechanics using a deep development platform.

A recent discovery in the PlayStation Network's Terms of Service states that Sony, which will be using its network to distribute LBP levels from players to the world, can resell users ideas for its own profit through direct resale, subscription access or advertising alongside player products.

The exact line from Sony's ToS states: "You also authorise us [Sony] and our affiliated companies, without payment to you, to license, sell and otherwise commercially exploit your User Material."

As long as Sony, which clearly stated that shared content from the beta would be sold on the release disc for Sony's profit, continues to allow individuals to sell LBP content on the network for personal profit, then the company isn't necessarily breaking any promises.

David Reeves, Sony Computer Entertainment of Europe, once explained the potential of LBP to become the "iTunes meets eBay" of gaming, where "an individual or a developer has qualified by producing certain levels or certain add-ons, they will then be able in the future to exchange these and make money out of them."

If Sony is potentially taking the top private products for corporate gains, can gamers ever hope to become one of the "LittleBigPlanet millionaires" Reeves claims there will be?

Source: GamePro [http://www.gamepro.com/article/news/205538/sell-your-littlebigplanet-levels-make-mad-bank-sony-says/], I Have The Princess [http://ihavetheprincess.wordpress.com/2008/10/17/littlebigripoff-sony-can-sell-your-lbp-content/] via GamePolitics [http://www.gamepolitics.com/2008/10/18/who-owns-your-little-big-planet-creations-hint-probably-not-you]



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[unangbangkay]

I can see where this would run into problems. Second Life allows players full rights to everything they create, which is essentially key to second life business. If a player starts selling his levels individual, and Sony decides to include it in a retail expansion or PSN store DLC pack, does the player get a piece of that pie? Unlikely, given this line.

One day, we might see Sony deciding to remove a level from the greater network to place "exclusively" in a DLC pack. That would probably be the worst case of it, and almost inevitable on some fronts in this "you-don't-really-own-what-you-bought" world.

There are probably workarounds for users who intend to make a business out of their LBP creations, such as selling levels individually rather than through a given storefront. Barring that worst case I don't see how a "greatest hits" DLC pack would allow for anything but convenient access to the best user levels without having to go through the search process may be worth paying for.

 

[Lvl 64 Klutz]

I'm sure it's just for some technical legal mumbo jumbo, and Sony isn't out to steal other people's ideas. Still, "exploit" isn't exactly the friendliest choice of words, even in legal standards.

I bet what they mean is "Don't sue us if we show a level you created in commercial gameplay footage!"

 

[Lt. Sera]

I bet what they mean is "Don't sue us if we show a level you created in commercial gameplay footage!"

You never know with Sony, but yeah, this seems most likely.

 

[ckeymel]

In the long run, it could only be beneficial for a person to be included on a "best of" compilation (assuming DUE CREDIT is given to the creator of said level), as if people purchasing the best of like the level you create, they can search for your other creations and purchase them from you.

In all likeliness, like already said, this is just Sony covering their rears. Hell, according to the contract I signed when going to college, any artwork or concepts I came up with while enrolled, the college has the right to use and claim as their own to do with what they will. You never see that happen, and in fact is only in place for when they use successful graduates to advertise.

 

[Angron]

have they not heard of the miravle of PC gaming, i mean look at valve games...
people make loads of content for that, much more than littl big planet levels, and they do it FOR FREE, no cost, no profit except to be able to say they did it, this makes a very happy community.

and just look at some, like CS, they get brought but valve so they can use it, instant bonus!

 

[L.B. Jeffries]

Mmmm...you can almost smell the conflict. If you're going to be allowed to sell a user mod of LBP, what's to stop someone from copying it or ripping off your ideas and selling them as their own?

Or claim they made it without ever seeing yours?

What's to stop Sony from claiming that?

As soon as people start making money off those mods, things are going to get nasty real quick.

 

[oAmadeuso]

Well I dont mind not being paid if I were one of thousands on the compilation but I will be putting "Watermarks" on all my work.
You know, hidden names and dates i.e on the back of objects or inside boxes really small.

 

[milomalo]

but there is always the chance that you can free offer your level creations to your friends... or not?

 

[Johnn Johnston]

How could Sony have not seen the potential flak they'll take from this?

The exact line from Sony's ToS states: "You also authorise us [Sony] and our affiliated companies, without payment to you, to license, sell and otherwise commercially exploit your User Material."

Is there literally no word they could have used except for "exploit"?

 

[Satosuke]

I bet what they mean is "Don't sue us if we show a level you created in commercial gameplay footage!"

I was going to say something negative about Sony here in relation to this article, but I think you just hit the nail on the head. I doubt Sony would be brazen enough to actually take people's ideas and sell them. Reminds me of that recent Escapist article about cyber-law.

 

[Melaisis]

Insert not-so-witty reference to the Qur'an... nooooooooow.

 

[BleachedBlind]

Lately, everything I've heard Sony do in relation to LBP just makes me angry.

 

[SaintWaldo]

IANAL but I think it's similar to the stipulations in contests that if you accept the prize, your photo and likeness can then be used by the prize giver. You seem to be encouraged to try to make your own money, but success on your part can be leveraged by Sony whether you want to play ball or not. I think it's mainly a way to keep ownership of LBP more than a way to imply they want to steal everyone's work. This would help break up someone trying to sue Sony into future royalties if a level idea gets picked up and fleshed out somewhere else. StarCraft Tower Defense being a prime example...

 

[internutt]

So long as credit is given and say that person was given a small prize of 500 Sony points (well, dollars or whatever the PSN works in) as well I do not see the problem.

 

[L.B. Jeffries]

In case the degree that this is disturbing isn't getting across, from the Gamepolitics forum:

10. USER MATERIAL

You may have the opportunity to post, stream or transmit pictures, photographs, game-related materials, music, home video content or other information through PSN to share with the PSN community. We may provide you with content to use in the creation of User Material. User Material created by you will belong to you, although any content provided by us will still belong to us and/or our licensors as explained in Section 7 above.

You authorise us, our affiliated companies and other PSN users, to use, distribute, copy, modify, display, and publish your User Material throughout PSN and other associated services. You also authorise us and our affiliated companies, without payment to you, to license, sell and otherwise commercially exploit your User Material (for example, selling subscriptions to access User Material and/or receiving advertising revenue related to User Material), and to use your User Material in the promotion of PlayStation products and services. You must not commercially exploit User Material without our consent. You waive any moral rights you may have in your User Material. By posting, streaming or transmitting User Material you represent and warrant that you have all rights necessary to use, post, stream and transmit such User Material and to grant the rights set out in this paragraph.

At least Valve hires people who make mods they like.

 

[TsunamiWombat]

So effectivly, no, you do not own anything you have and your never going to make money off LBP.

The dream takes another hit.