Has using SWBF3 assets just become illegal?

[Okwals97]

Hello People,
There was a recent video on YouTube (I'm not sure if me posting the link here would be O.K. as the video is not public anymore) which stated that Disney might shut down projects such as Star Wars Battlefront III: Legacy and that using SWBF3 assets may become illegal (similarly to using assets from EAFronts). Could someone informed in this matter confirm if that is/will be true? I was wondering about that since it would affect many mods which have been released and many which are still being worked on.

[Dark_Phantom]

IANAL, but to be fair, modders have always (or should have) treaded lightly around this type of stuff.  It is Lucasarts then Disney's IP, whether or not it was abandoned/leaked/name your reasoning.

On the other hand, I read some of it and it sounds like a cry for attention from an entitled social media personality.  Also know that NOTHING has been done yet.  Just because he threw those mods under the bus means nothing.

Either way, whatever Disney does, we will comply, because it's not worth it to engage in a legal battle with a multibillion dollar company, especially when they own the IP.  We may think it is dumb because we are modders and we aren't profiting, but copyright laws are in place for a reason. 

If you haven't read up on the massive Nintendo leak, you should - specifically the part dealing with emulators.  If those emulators like Dolphin are even to show one piece of that code (or show that they referenced it), Nintendo can swoop in and have them shut down, and they will.  Now, there's a gray area where proof comes in, but it's not a good situation to be in.  Anywhere that is shown to use what was in that leak (including unreleased assets from games) is subject to C&Ds or the like, even though it was never released.

[Okwals97]

Thank you for the reply. It seems that the situation is pretty murky as of now. Sure, Disney can do anything they want with our mods, but when it comes to assets from games such as The Force Unleashed, we have the EULA which seems to somehow allow to use them (I think). With SWBF3 I (and I guess the majority of modders) assumed that it's okay to use these and suddenly I'm not so certain about it. Maybe I'm being slightly paranoid here, but I'm considering taking down my mod which relied on SWBF3 assets heavily and getting rid of SWBF3 assets from my current projects, just to be on the safe side.

[Luna-old]

I think what some people might've thought about the BF3 situation is that "The game never released, therefore its assets might be able to be used."

[Dark_Phantom]

The problem with unreleased assets is that the company did pay someone to create them and therefore belong to the company. I dont know where the SWBF3 files came from as I am unlearned in that history, but it wasnt ever supposed to be released after shutdown. As far as EULAs are concerned, Disney can change them whenever and they are within their rights usually.

I would not say to get rid of all your swbf3 assets in your mods, but if you are concerned, you should have suitable replacements ready. But once again, it seems like he is trying to create extra chaos around what has already been deemed an unclear field.

[Giftheck]

The problem with unreleased assets is that the company did pay someone to create them and therefore belong to the company. I dont know where the SWBF3 files came from as I am unlearned in that history, but it wasnt ever supposed to be released after shutdown.

Apparently it came from a Rebellion Developments XBox360 devkit. They had copies of the game since they were supposed to be making their own version of SWBF3 for PS2 and PSP (which later got cut down into Elite Squadron).

As far as EULAs are concerned, Disney can change them whenever and they are within their rights usually.

Indeed - they can even change the EULA of moddable games like these to disallow mods. Don't think it would ever come to that, but it is their right to.

I would not say to get rid of all your swbf3 assets in your mods, but if you are concerned, you should have suitable replacements ready. But once again, it seems like he is trying to create extra chaos around what has already been deemed an unclear field.

A fairly good practice to adhere to anyway since most stuff has community alternatives. Maybe not maps, but I don't think those will go anywhere. Having said that, Shaymin talked to the guy and apparently he just meant to threaten Luke Landwalker's portfolio piece as opposed to SWBF3 Legacy.

[Okwals97]

Thanks for your replies, People!
EDIT: Also, thanks for the clarification, Giftheck. It's good to know how that matter with Shaymin turned out. His video with his initial thoughts about the whole thing was really worrying.