Posts from Creating a fund to support modders and creators of new maps.

     As is well known, many forum members have left and continue to leave requests and wishes for the creation of new mods and maps. However, such work requires a lot of time, which many do not have — currently everyone has problems and difficulties at work, family issues, financial hardships, etc. It happens that an author is not ready to start developing a mod or campaign due to a lack of time or complications at work. When it comes to creating mods, it is painstaking and complex work. By the way, as is Mapmaking. After all, work cannot be cancelled; Creation is good, but one must also work to support oneself and one's family. Of course, creating mods and maps is a creative process, and creativity, as is known, is incompatible with money, but there is also real life, which sometimes puts us in difficult conditions.
     Therefore, I propose to create a fund for this purpose to support the creativity of modders and mapmakers. Any forum member, and not only from the forum (since there are also YouTube and social networks), will be able to voluntarily contribute to the common cause by making a voluntary contribution (donation) to support the work of one author or another. Thanks to the fund, many modders and mapmakers will be able to receive financial support for the contribution they make. I understand that all mapmakers and modders are creative people and engage in creating mods and maps not for profit or money. This is true. This is especially evident on this forum, where many guys create actual masterpieces, spending their time, energy, youth, and life on it. The fund can help such people, but if the author of a mod (map) says that they fundamentally do not want to receive support and reward for their efforts because they treat creating mods as a hobby, then their position will be heard and accepted with great respect. The fund does not impose its help, but helps only those who need it. I propose to discuss the organizational issues of creating the fund in this thread. Everyone can express their ideas and constructive suggestions for development and support.
     Regarding intellectual property, copyright and corporate law, as well as morale, tolerance, and ethics: As a lawyer, I will say that there is no law, laws in national and international legislation or corporate law prohibiting one person from helping another in the form of donations, Patreons, contributions, etc. The Ubisoft agreement applies to cases involving the sale of any game elements, whether source code, texts, graphic images, music or sounds, all messages or information elements, fictional characters, names, themes, objects, landscapes, costumes, effects, dialogues, slogans, places, images, diagrams, concepts, choreography, video, audiovisual effects, domain names, and any other elements. In our case, we are talking about helping specific people, not the sale of mods and maps. The help is voluntary in nature.
       Before creating this thread on the forum, I consulted with a number of lawyers specializing in intellectual property as well as copyright. By the way, they are acquainted with lawyers from the company Ubisoft. After outlining the situation to them, I asked how best to organize help for modders and mapmakers so that this help does not violate copyright, intellectual property, or the corporate rights of Ubisoft. In response, I received a recommendation — to organize a voluntary support fund, which will help people but will not sell what these people create. Helping is not forbidden — it is impossible to forbid. Moreover, helping people such as modders and mapmakers will increase the popularity and fame of the game itself, thereby increasing the sale of licensed versions of the game. And perhaps, it will make a re-release of the game possible. Therefore, Ubisoft will not be against such an approach. Or in simple terms — they will only be glad. Just in case, two weeks ago I notified Ubisoft about the creation of such a support fund. Additionally, I asked lawyer acquaintances to do the same, but at their own level — they told their colleagues verbally. They did not react at all — did not forbid, did not praise, did not support; they were generally indifferent to this matter. They only said that they doubt the success of such a fund. But it is no longer for them to decide, but for us. After all, together we are strength! And we stand! We cannot be broken! No one can defeat us!
For the functioning of the help mechanism, an responsible person — a moderator, administrator, or Forum Creator opens a card account at Sberbank. Perhaps such an account is already open. In addition to the bank account, it is desirable to open accounts in Yandex, QIWI, and PayPal. After all, support may come from different countries (France, Norway, Kazakhstan, Belarus, Canada, Greece, etc.)

How I see the options for supporting modders and mapmakers:

1st option. When a forum member acts as the Initiator of the development of a mod or map, and a modder or mapmaker is the Executor. The Initiator, essentially the customer, posts their request for creation of a specific map or mod in this thread, describing in detail exactly what the map (scenario, campaign) should be in terms of storyline, design, and cutscenes. If it's about a mod, they will need to specify exactly what this mod will change in the game, or what new things this mod will add to the Gameplay. The Initiator must also specify a timeframe for the implementation of the idea — for example 1 month (it could be more). If the requests are unrealistic, then simply no one will take the order. If they are realistic, the future Executor ready to take on the project will indicate what support is necessary to implement this specific request. Regarding the amount of support — each Executor will evaluate their own work — and this is all individual. Someone might value their work at 500 rubles, while someone else at 25,000. After all, it depends on the complexity of the project. If the Customer is satisfied with the amount, they will reply in this thread. After that, funds can begin to be accepted.
 During the agreed time, funds will be collected to fulfill the customer's request. Upon expiration of the agreed term, a summary will be made.

If the Executor was unable to do what was planned, all money is returned to those who contributed
If the Executor died, perished, fell ill, disappeared without a trace, or does not visit the forum, all money is returned to those who contributed
If the Executor finished on time and accordingly posted the map or mod, then after verification, the necessary amount is transferred to them as a reward.
If the Executor finished on time but failed to collect the full amount — for example, 2800 was collected instead of 4000 rubles — then the Executor will decide themselves whether they will post their work or not. If they agree to 2800, they receive this reward. If not, all money is returned to those who contributed

2nd option. When the mapmaker or modder themselves acts as both Initiator and Executor, wanting to bring a long-held dream to life, but for this they need financial support.
Everything is the same.

3rd option. When the mapmaker or modder themselves acts as both Initiator and Executor, wanting to bring a long-held dream to life, but for this they need technical support.
Here we are talking about a case where, for example, an author wants to create an interesting campaign, but for this they need help in the form of creating cutscenes, writing dialogues, help with scripts, etc. In this case, the help will be technical rather than financial.

4th option. When a forum member acts as the Initiator of the development of a mod or map, and the Executor is a modder or mapmaker ready to fulfill the order completely for free, requiring no help or support.
For they themselves are the embodiment of help and support!

       These are approximate options. This is how I see it, but perhaps you have your own ideas. A discussion is currently underway. Therefore, all your ideas are very important. Suggest your own, perhaps more optimal options

Creating mods, and in some cases, doing so contradicts the new user agreement from Ubisoft. I think they will like even less the idea of creating mods and maps for money, especially in a centralized manner. Those who want to can already offer their services outside of the platform. IMHO, of course.

We are talking about voluntary contributions to support and develop the project. Donations and voluntary contributions are permitted and legal in today's world.

L'Garold, of course, if we sell content, files for Heroes 5, then we are violating the user agreement. However, in this case, the money is either voluntary donations or payment for services. In general, administrative prosecution is most likely doomed to failure.

And Ubisoft doesn't lose anything from this and won't be worried 😌

What specific agreement are you referring to? Is creating mods and maps for Heroes 5 considered an illegal activity?
We're talking about voluntary contributions to support and develop the game.
As far as I know, donations and voluntary contributions are permitted and legal in today's world.

by the way, yes, there is some kind of agreement (which I have never read), it was discussed on the forum when Heroes 7 was released, as far as I remember, it is a set of rules that concerned modding for any Ubisoft game.

Well, in that case, please be so kind as to provide the info from it)) Otherwise, we will be wary of an agreement whose text we do not know

Let me say this right away – I believe that Ubisoft simply made this agreement to show how great their campaign is, how well-organized they are, and that even their license agreement is universal. But then they just forgot about it because nobody cares.

I googled Ubisoft's license agreement, and there are a couple of unpleasant points in what I found: https://store.steampowered.com/eula/298110_eula_0             https://legal.ubi.com/eula/ru-RU

Here, they state that we can be sued for mods that use their models.

2. OWNERSHIP.

All ownership rights, including intellectual property rights in the Product (including, but not limited to, all texts, graphics, music or sounds, all messages or information elements, invented characters, names, themes, objects, landscapes, costumes, effects, dialogues, slogans, locations, images, diagrams, concepts, choreography, video, audiovisual effects, domain names, and any other elements that are part of the Product, individually or collectively), as well as any and all copies of the foregoing, are owned by UBISOFT or its licensors. The Product is protected by national and international copyright laws, agreements, and conventions, and other laws. The Product may contain certain licensed materials, in which case UBISOFT's licensors have the right to protect their rights in the event of a violation of this Agreement. Reproduction or presentation of these licensed materials in any way for any reason is prohibited without prior permission from UBISOFT and, in some cases, from the licensors and representatives of UBISOFT. Except as expressly stated in this License Agreement, all rights not granted to you herein are expressly reserved by UBISOFT.

And here is a very vague wording – we are prohibited from creating "derivative works" from the product – and this includes maps and mods.

1.2 You may not, directly or indirectly (i) sell, lease, or grant temporary use of, license, distribute, market, or promote the Product or any part of it for commercial purposes, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create any derivative works based on the Product (except where the Product allows you to create, generate, or present user-generated content using special features, for which you need to create an Account and comply with the Terms of Service), in whole or in part;

I suggest we cheerfully agree to abide by these corporate rules regarding the griffin's heart. Otherwise, we might have to shut down all the reverse engineers and their NCF, NHF, and other creations, sending them to Butyrka prison and saddling them with a debt of 100,500 USD. We are all law-abiding citizens to some extent, but the game's community thrives only thanks to those who customize the game in every possible way. Undoubtedly, the founder should have the final say, as the questions will be directed to him. However, regarding the main topic, I can say: yes, it's a great idea. Because, in order to thank the esteemed Khottabych for his help, I had to raise (let's be honest, allocate) N amount of money for a video. In the end, I couldn't find a time when I wouldn't need that N, and Khottabych remained without a penny from me. But if there were a fund, I could contribute two hundred, and Khottabych would still be without a penny , but my conscience would be clear. Of course, people won't be more motivated by receiving some amount. We are all here, definitely, engaged in Creation not for profit. However, it's still very pleasant to receive a little money to buy your favorite ice cream from the kiosk. Moreover, creating such a fund could at least somewhat unite the community because creating something worthwhile is not that easy. Sometimes it hurts to see very diligent, talented modders, let's say, level designers, and just people with ideas, who sit and work on their long-term projects alone. But with collective efforts, something amazing could emerge. And if there were a fund that would motivate people to work not only on solo projects, it would be very cool.

Let me say this right away – I believe that Ubisoft simply made this agreement to show how great their campaign is, how well-organized they are, and that even their license agreement is universal. But then they just ignored it because everyone doesn't care.

I googled Ubisoft's license agreement, and there are a couple of unpleasant points in what I found: https://store.steampowered.com/eula/298110_eula_0             https://legal.ubi.com/eula/ru-RU

Here, they say that we can be sued for mods that use their models.
And here, there is a very vague wording – they prohibit us from creating "derivatives" of the product – and this includes maps and mods.

That's why I asked them for permission at the time... by the way, I already showed it here... the key words are "Market" and "Profit"... that is, they can, in principle, object to donations, which is why I am against it! And besides, a hobby is about Creation, and an artist must be hungry in order to create!

It seems to me that the only option that could be considered is holding some kind of competition with prizes for the winners. Otherwise, I mostly agree with psatkha – the fewer reasons there are to find fault, the better.

I suggest we happily agree to abide by these corporate rules. Otherwise, we might have to shut down all the reverse engineers working on NCF, NHF, and similar projects, throw them in Butyrka prison, and burden them with a debt of 100,500 USD.
We are all law-abiding citizens to some extent, but the game's community thrives only thanks to those who customize the game in every possible way. Undoubtedly, the founder should have the final say, as the questions will be directed to him.

However, regarding the topic at hand, I can say: yes, it's a great idea. Because, in order to thank the respected Khottabych for his help, I had to raise (let's be honest, allocate) a certain amount of money for a video. In the end, I couldn't find a time when I wouldn't need that amount, and Khottabych remained without any reward from me. But if there were a fund, I could contribute two hundred, and Khottabych would still be without any reward , but my conscience would be clear.
Of course, people won't be more motivated by receiving some amount. We are all here, definitely, engaged in Creation not for profit. However, it's still very pleasant to receive a little something to buy your favorite ice cream from the local kiosk.
Moreover, creating such a fund could at least somewhat unite the community, because creating something worthwhile is not that easy. Sometimes it's painful to watch very diligent, talented modders, let's say, level designers, and just people with ideas, who sit and work on their long-term projects alone. But with collective efforts, something truly amazing could emerge. And if there were a fund that would motivate people to work not only on solo projects, it would be very cool.

There is permission from Ubi for the NCF and NHF projects! It was obtained for the nickname Psatkha, so wherever I participate, there is permission from Ubi! And note that the NCF and NHF projects, which use Ubi content, are absolutely free!

Strictly speaking, there is a difference between a paid distribution model and voluntary donations; no one has ever been punished for the latter, whether it's modders in any game, game streamers, etc. Another issue is that it all comes down to the fact that someone needs to handle it, and working with money is the most unpleasant task. In any technical problem, the person holding the wallet will be the one to blame, and this is also an additional job for them, requiring them to keep track of everything (and the enthusiasm of a Heroes player is a fleeting thing). On the forum, you can leave payment contact information, right? And in the map topics (and, I think, mod topics too), everything is displayed automatically, right? Excellent, a direct transfer without intermediaries, in my humble opinion, is the best option.

Of course, people won't be more motivated just because they're given some money. We're all here, and we definitely don't engage in Creation for profit. However, it's still very nice to receive a little something to buy your favorite ice cream from the kiosk.

A hobby is Creation, and an artist must be hungry to create!

Mapmakers and modders are people of Creation, and they create mods and maps not for profit or money. That's a fact. This is especially evident on this forum, where many people create actual masterpieces, spending their time, energy, youth, and life on it. The fund can help such people, but if psatkha says that he fundamentally does not want to receive support and rewards for his work, because he treats creating mods as a hobby, then his position will be heard and accepted with great respect. The fund does not impose its help, but helps those who need it.

Awesome! Guys, this agreement actually prohibits the creation and distribution of even maps for which a map editor has been created, including GSC.

And yes, most likely this is nothing more than a legal bluff, and if they didn't care before, they won't care now.

prime79, thank you very much for the legal consultation on this issue; I think it is now basically resolved from the point of view of fearing prosecution.

psatkha, yes, I read somewhere in the thread about your permission. To clarify: did you request permission to create specifically these mods, or in principle to create content for Heroes 5 under your name?

Who will be the director, and who will decide how the money is distributed? And how much will the director get?)) This guy registered a month ago and is already trying to set up a fundraising campaign. It reminds me of Ilf and Petrov.