Eula Question About Warframe Released/Related Video/Content can Use & not Use

[(PSN)Bob_Nos_9]

Hello DE & The community i have a few questions Related on Warframe content i am new to warframe & was thinking of making GMVs (Gaming Music Videos) of warframe but also Showcases & Fashion framing which both me & my friend have been Wondering about somethings about The new Eula (End User License Agreement) because we both want to know if any of these things will violate any of the New Eula's Rules which these questions will be in Sections to make answering Easyer & Whatnot for everyone

GMV Related Content Question Section

GMV Question Can a Youtube Or Other platform Content Creater Make Warframe GMVs with Just Trailers Of Primes, Updates, Cutscenes, Etc. As a Video? Or does a video need to a certain % like 50% trailers & 50% gameplay or What % Would it need be? If it requires a % Or this certain Violate Eula?

GMV Example can i make a Video using Primarily of Prime trailers or primarily Out of Cutscenes from the game but not from gameplay 

Warframe Nightcore/Remixs Section

Warframe Nightcore Question Can a Content creaters Make Nightcores Of Warframe OST Or Other content creater's Songs that are about Warframe or from Warframe? 

Warframe Remixs Question Can a content creater Make Remixs Of Warframe OST Or Other content creater's Warframe Songs?

Warframe Showcase/Fashion Frame Questions Section

Warframe Showcase/Fashion Frame Content Question Can a Content creater Make Showcase Videos of Warframes, Weapons, Decorations, Etc. Either as a Archive Or Showcase Video? Can a Content creater Make Fashion Frame Videos? Showcaseing their Fashions rather its Warframes Or something else

Warframe Archiving Content question this question comes from a friend But can a Content creater Make videos Showcasing & Explaining Warframes, Weapons, Decorations, Etc. As a Way to Archive Warframe Ingame content & give Detailed Information about How to get Item. If that item was In a Pack or not. What the item does & the item looks. & fun facts related to a item like the item exist in another game Or Etc. Note this question does not involve the Use Data Mining or Other App that use Warframe Data 

Warframe Dojo/Orbiter/Dormizone Content Question Can a Content creater Make Videos About their's Or other People's Dojos, Orbiters & Or Dormizones? 

Warframe Disclaimer Questions

Warframe Disclaimer Video Content Question does a content creater have to Put a Disclaimer at the Beginning of Every Video Or can a Disclaimer be put in video description? Or Does a video have to have a Warframe Disclaimer? 

Warframe disclaimer Streaming Content Question does a Stream require a Warframe disclaimer at the beginning of Every Stream? Or Every so many minutes? or Can a Disclaimer but in stream description Or is a Warframe Disclaimer needed at all? 

April Fools Question Section

April Fools Content Question If a Content creater Makes a April Fools Video Would it violate anything in Eula? 

Unfortunately all these questions are All i & my friend Could think Of/Was Wondering about after i seen New Eula i didn't know if any of these Would violate anything from the eula so i wanted to know what i can do & not do 

[Letter13]

I was about to refer you to DE Customer Support to ask, but I'm not actually finding any ticket categories for EULA inquiries. Let me see if I can reach out to someone to see if such a category could be added to let users ask questions like this. 

 

From the EULA:

How you may distribute your Video:

Subject to the terms of the applicable EULA and this Streaming Policy, you may create Videos using our Content, and you’re free to distribute such Videos on websites where viewers are permitted to view these Videos without any charge of any kind. We understand that some websites may offer paid services. Provide that the website that hosts these Videos provides a free method to allow viewers to view them, you may distribute the Videos on that website.

What you may not include in your Video that leverages our Content:

You may not include in any Video (nor anywhere linked near or on the same webpage as the Video) any content that is prohibited as User Content under the EULA and the following:

• Anything that could imply that the Video is produced by us or that we endorse you or your Video (unless you have an endorsement relationship with us as covered by a separate written or other agreement);
• Any information related to cheats, hacks, exploits, bugs, or third-party programs, including links to any of the foregoing; nor
• Uses of our Content that breach applicable law or are derogatory to us or that, in our discretion, may damage the value, goodwill, or reputation of us, our affiliates, our products, Content, or brands.
• Any behavior or conduct that violates public morals and ethics.

Disclosure – you must identify us as the copyright holder of our Content and disclaim our endorsement:

In any Video that leverages our Content that you provide, you must include a prominent disclaimer (either at the beginning of the Video or, if live-streaming, near the Video in a visible font) as follows:

• Portions of the content provided here, including trademarks and copyrights and any other intellectual property rights, are owned or held by Digital Extremes, Ltd. or its licensor(s)(“DEP”) and all rights in and to the same are reserved by DEP. This content is not official DEP content and is not endorsed or approved by DEP.

 

 

Based on the EULA section above, I'll do my best to answer your questions:

1 hour ago, (PSN)Bob_Nos_9 said:

Can a Youtube Or Other platform Content Creater Make Warframe GMVs with Just Trailers Of Primes, Updates, Cutscenes, Etc. As a Video? Or does a video need to a certain % like 50% trailers & 50% gameplay or What % Would it need be? If it requires a % Or this certain Violate Eula?

Based on the way the EULA is written, there's no % requirement for stuff like this.

1 hour ago, (PSN)Bob_Nos_9 said:

can i make a Video using Primarily of Prime trailers or primarily Out of Cutscenes from the game but not from gameplay 

Nothing in the EULA states that you can't do this.

1 hour ago, (PSN)Bob_Nos_9 said:

Can a Content creaters Make Nightcores Of Warframe OST Or Other content creater's Songs that are about Warframe or from Warframe? 

As long as you're not using the remix for commercial use (or selling it) you should be fine.

1 hour ago, (PSN)Bob_Nos_9 said:

Can a content creater Make Remixs Of Warframe OST Or Other content creater's Warframe Songs?

As long as you're not using the remix for commercial use (or selling it) you should be fine.

1 hour ago, (PSN)Bob_Nos_9 said:

Can a Content creater Make Showcase Videos of Warframes, Weapons, Decorations, Etc. Either as a Archive Or Showcase Video? Can a Content creater Make Fashion Frame Videos? Showcaseing their Fashions rather its Warframes Or something else

Nothing in the EULA forbids this. 

1 hour ago, (PSN)Bob_Nos_9 said:

can a Content creater Make videos Showcasing & Explaining Warframes, Weapons, Decorations, Etc. As a Way to Archive Warframe Ingame content & give Detailed Information about How to get Item. If that item was In a Pack or not. What the item does & the item looks. & fun facts related to a item like the item exist in another game Or Etc. Note this question does not involve the Use Data Mining or Other App that use Warframe Data 

Nothing in the EULA forbids this.

1 hour ago, (PSN)Bob_Nos_9 said:

Can a Content creater Make Videos About their's Or other People's Dojos, Orbiters & Or Dormizones? 

Nothing in the EULA forbids this. You should probably get permission from the dojo owners before recording or streaming videos from said dojo, as a courtesy.

1 hour ago, (PSN)Bob_Nos_9 said:

does a content creater have to Put a Disclaimer at the Beginning of Every Video Or can a Disclaimer be put in video description? Or Does a video have to have a Warframe Disclaimer? 

If the video is recorded, the disclaimer needs to be at the beginning of the video (per the EULA). If you're live-streaming, you will need to have the disclaimer on your streamer page (i.e. 'nearby' in the sense that viewers could see it if they scrolled down on the same page). 

1 hour ago, (PSN)Bob_Nos_9 said:

does a Stream require a Warframe disclaimer at the beginning of Every Stream? Or Every so many minutes? or Can a Disclaimer but in stream description Or is a Warframe Disclaimer needed at all? 

No, but the disclaimer will need to be present somewhere on the streaming page (i.e. beneath the stream) so that viewers can see it easily, if needed. 

1 hour ago, (PSN)Bob_Nos_9 said:

If a Content creater Makes a April Fools Video Would it violate anything in Eula? 

As long as the video doesn't violate the EULA in some other way, you should be fine. Nothing in the EULA prohibits making videos of April Fools game content.

[(PSN)Bob_Nos_9]

Hmm... Interesting so i have a Few more questions if i may ask 

Disclaimer Question is the Disclaimer a Like "i Do Own Warframe It is Own By DE" & is there a needed description of what Warframe Is? In that disclaimer or no description Required?

Disclaimer Video Start Question So you say At beginning of a Video if it's recorded wise does that mean the 1st 10 or 5 Seconds of a video Is a Disclaimer? & if not how long must the Disclaimer be? 

Disclaimer display In Description Video description question Can the disclaimer be in video description instead of video start?

Disclaimer Display Method Question can a content creater have a Disclaimer displayed in let's say anywhere on the screen where it is visible (Not hidden behind anything but in corners or Etc.) or Where & how must the disclaimer Be Displayed? 

Disclaimer display method Explanation the reason for the Question above is if the disclaimer can be displayed in anyway i Could possibly have the disclaimer displayed as long as the video itself if wanted & or make it to where the video can just start without unnecessarily Silence 

Already Active Content by content creaters Big & small question so if disclaimer is Required why does Both Big & small time content creaters why do they not have Disclaimers? Anywhere? In video or description Are they already in violation of the Eula rather they know? or don't know? 

What Would count as Commercial Use For a Content creater Question If a Content creater on let's say YouTube gets monetization Would that count as Commercial even if the content creater is wanting to make money off of content or not other words Would most monetized or about to be monetized content creaters Would they have a lawsuit & or violation of Eula?

If Monetization Counts as Commercial Use? Question if monetization is a problem Then Would getting the Content copyright claimed either By DE Or some other company for example if a content creater Uses a copyrighted Lady gaga song for a Warframe video for whatever reason Would that eliminate the risk of commercial use possibility since the video Would lose monetization at that point? Meaning no money for content creater for that video Despite the copyright content still making money for the copyright owner?

Commercial use question explanation i ask these questions above since my friend is about to get monetized & was hesitant to do Anymore Warframe content since they fear lawsuit & or violation of Eula by doing so 

So those are all my questions At the moment so far & thank you For your Answers & Help so far

[Letter13]

If you include content from Warframe in the video, you need to include the disclaimer. You don't need to explain what Warframe is or include any extra explanation, just the disclaimer.

The splash screen at the start of the video showing the disclaimer could be 1 second, it could be 5 seconds, could be 10. There's no specified length requirement.

The disclaimer needs to be in the video itself if it's a recorded video. If it's a stream, the disclaimer has to be located somewhere on the page.

As long as the disclaimer can be read at the start of the video, it doesn't matter where it is in the frame.

As far as I'm aware, the EULA is not retroactive, so videos and streams made before the updated EULA rules regarding video content are not in violation of the current EULA. If people make new videos and streams without observing the disclaimer clause, then yes, they would be in violation of the EULA.

For commercial use, monetization through things like YouTube views or Twitch subscriptions/bits redeems is fine. Selling the video itself as a commercial product (i.e. as a DVD or a standalone item).

[(PSN)Bob_Nos_9]

Wait There's a few last Questions i have to ask this question comes from another friend but

Content creaters who don't or haven't Played Warframe Question if a Content creater makes Warframe content like gmvs Or Etc. But either never played Warframe before or a content creater quit Warframe Would they still need a disclaimer on video? 

Content creaters who haven't agreed to New Eula Question what about content creaters who have not agreed to New Eula Yet Would any of the Eula Apply For the nonagreed Yet content creater?

Music video Content creaters question if a content creater Makes a GMV that has Many different Games in it's video & Warframe was 1 of the games used in that video would the New Eula Still have Effect? Or No? 

Evolution & Or Talk about Similaritys Video Content question If a content creater that makes either a evolution of Warframe Video or an Evolution of DE Video would New & or Eula Apply? & If a content creater Makes a video Talking about Warframe content that's similar to other games & or Etc. Would Eula apply for that video? 

i am sorry for these last minute questions but another friend ik asked me to ask these questions since I've asked most the questions they Would have had however tho as why well they are wanting to do said things related to Some the questions but that's everything i & My friends have questions about as far i know at the moment if i do have anymore questions i might ask at anytime but as said I've asked all the questions i & my friends personally needed to ask at the moment

[(PSN)Bob_Nos_9]

Hello again DE & Community & Today i Ask a Question i may have already asked in a Post Before but

Content creaters Who Have already violated Eula's Disclaimer Rule Question as Said before there are hundreds Of content creaters Who do Not have a Disclaimer on Anyway on any of their videos So what Will DE Do About This? & what Could the Community Do About This? 

Question What Will Happen to a Content creater Who Violates any of the Eula's Rules 

Warframe Content creater Program Question are Content creaters who Are apart of the Warframe content creater Program are They Aloud To Not Have a Disclaimer of Any Kind? Or do they Still require a Warframe Disclaimer?

Content Creaters Who Have violated Eula Already

Platform & Content Creater Names 

<names removed>

these content creaters & Hundreds of more do not Have a Disclaimer anywhere on their Videos rather they Refuse to add One or don't know they need a disclaimer But What Will DE Do about That? & Could the Community Report That? i have nothing against these content creaters but Why Do they Not have Warframe disclaimers & i or Anyone Else Does? Is the Warframe Eula disclaimer Rule actually Have Any Legal/Enforcement To It? Or is it just Purely Optional & Or Unnecessary Then? But that's why i ask all these questions in the 1st place because i want to know if becoming or being a Warframe content creater is Risky or Not

Edited September 17, 2023 by Letter13
Names removed, as naming & shaming is not something we condone.

[Pakaku]

Post a link to the specific disclaimer, please

Also please rewrite your thread in better english, I can barely understand it

Edited September 17, 2023 by Pakaku

[Numerounius]

The new EULA only went into effect very recently so if you are trying to call them out for older videos I don't think it would apply to it. And afaik many of those people aren't even sponsored by DE, let alone in the partner program, so they don't need to add a disclaimer to begin with.

So no I don't think it is risky to try to get into Warframe content if you are trying to call out other content creators for something when they are still producing content even after they supposedly broke EULA according to you when they actually didn't.

If the EULA disclaimer is big enough in question to being a legal issue there would be other barriers to jump through that you would then realize that you do need to add one, like DE contacting you directly to send you a package/sponsor which would come with details to add a declaimer. This isn't going to be an issue 90% of content creators run into especially starting out in content creation.

[(PSN)Bob_Nos_9]

 

23 minutes ago, XHADgaming said:

The new EULA only went into effect very recently so if you are trying to call them out for older videos I don't think it would apply to it. And afaik many of those people aren't even sponsored by DE, let alone in the partner program, so they don't need to add a disclaimer to begin with.

So no I don't think it is risky to try to get into Warframe content if you are trying to call out other content creators for something when they are still producing content even after they supposedly broke EULA according to you when they actually didn't.

If the EULA disclaimer is big enough in question to being a legal issue there would be other barriers to jump through that you would then realize that you do need to add one, like DE contacting you directly to send you a package/sponsor which would come with details to add a declaimer. This isn't going to be an issue 90% of content creators run into especially starting out in content creation.

i am not talking about videos before New Eula i am talking about the stuff made after Just look around on YouTube or other Platforms no one is adding a Disclaimer i mean Gamble said that he's not adding a disclaimer at the beginning of everyone video & Other content creaters don't even acknowledge it when did a Eula talk video even worster but most people don't either Read the Eula or Care about it in someways in other words the disclaimer is pointless in the Eula if no one is doing anything about it which if they did this Could end up like a the recent Unity Situation or end up in a Multi class Lawsuits between DE & It's Community depending

[Numerounius]

20 minutes ago, (PSN)Bob_Nos_9 said:

i am not talking about videos before New Eula i am talking about the stuff made after Just look around on YouTube or other Platforms no one is adding a Disclaimer i mean Gamble said that he's not adding a disclaimer at the beginning of everyone video & Other content creaters don't even acknowledge it when did a Eula talk video even worster but most people don't either Read the Eula or Care about it in someways in other words the disclaimer is pointless in the Eula if no one is doing anything about it which if they did this Could end up like a the recent Unity Situation or end up in a Multi class Lawsuits between DE & It's Community depending

Just look at what people are posting, do you really think that all those people are breaking EULA while still at the time time posting videos with a big following? If you just follow a similar format as them or just about anyone else in the content creation space it isn't going to magically open up the doors to breaking EULA since they wouldn't be posting otherwise. Its not like Warframe's EULA is stricter or enforced more often than others.

The reality of the situation is that it isn't going to matter 90% of the time since the EULA isn't meant to be some harbinger to being a barrier in content creation. Its just there to cover legal bases and cover for anything crazy.

Now, there might be other factors like preference to which creators DE might sponsor/partner based on the content posted like the unity situation? Maybe but that doesn't mean that just because you aren't selected that are you are barred from making content.

[KIREEK]

Are you sure some of those are partners?

[yarl5000]

Why are you posting here asking? It isn't like DE would respond in the forums about things like this and there is a means to directly report misconduct of a Warframe Creator so if you believe there is actually some issue then report them through the official means. 

 

Down in the FAQ: https://www.warframe.com/community/creators 

[(PSN)Bob_Nos_9]

On 9/6/2023 at 12:26 PM, Letter13 said:

If you include content from Warframe in the video, you need to include the disclaimer. You don't need to explain what Warframe is or include any extra explanation, just the disclaimer.

The splash screen at the start of the video showing the disclaimer could be 1 second, it could be 5 seconds, could be 10. There's no specified length requirement.

The disclaimer needs to be in the video itself if it's a recorded video. If it's a stream, the disclaimer has to be located somewhere on the page.

As long as the disclaimer can be read at the start of the video, it doesn't matter where it is in the frame.

As far as I'm aware, the EULA is not retroactive, so videos and streams made before the updated EULA rules regarding video content are not in violation of the current EULA. If people make new videos and streams without observing the disclaimer clause, then yes, they would be in violation of the EULA.

For commercial use, monetization through things like YouTube views or Twitch subscriptions/bits redeems is fine. Selling the video itself as a commercial product (i.e. as a DVD or a standalone item).

a Warframe forum Community Moderator said this to Me So yes These content creaters have Violated the Eula

[-BellaMuerte-]

You may want to contact support about it, I dont know what we could help u with.

[(PSN)Bob_Nos_9]

11 minutes ago, yarl5000 said:

Why are you posting here asking? It isn't like DE would respond in the forums about things like this and there is a means to directly report misconduct of a Warframe Creator so if you believe there is actually some issue then report them through the official means. 

 

Down in the FAQ: https://www.warframe.com/community/creators 

I'm posting here because i didn't know where else to go & the moderator their self said they tryed to submit a ticket to Redirect me to the right place but there was no opinion for Eula questions so the moderator said they will see if they can get DE To make a opinion for Questions related about the Eula

I'm just trying to understand this whole Eula thing because i wanted to know if i would be at risk & so far it seems like the answere is yes so idk but i also don't want to report these content creaters they work hard very hard Despite anyone's personal takes on any of em but it wouldn't be right to just destroy their Livelihood it's not right to but I'm very concerned for them & the community but it is not in my control so all i can do is ask & try to help if i can

[Nekomian]

The OP is referring to the post here: 

 

More specifically, this section:

On 2023-09-04 at 7:28 PM, Letter13 said:

If the video is recorded, the disclaimer needs to be at the beginning of the video (per the EULA). If you're live-streaming, you will need to have the disclaimer on your streamer page (i.e. 'nearby' in the sense that viewers could see it if they scrolled down on the same page). 

No one really does this for any game, as if you're streaming a game, in this case "Warframe", on something like the Twitch directory it's assumed all rights to that game are held by those rights owners - it's also very apparent that any streamer or content creator's opinions are not the same as DEs as well, they are their own individual with their own opinions, just playing a game. That said, based on the descriptions it is technically against the EULA by not including the disclaimer, but that's honestly on DE to enforce, not other players. I highly doubt DE wants to go looking for disclaimers in the 1000s of Warframe videos that get posted or streamed on a regular basis, it's probably just there for legal reasons.

2 hours ago, Pakaku said:

Post a link to the specific disclaimer, please

Here: https://www.warframe.com/eula-us the section at the bottom specifically:

Quote

Disclosure – you must identify us as the copyright holder of our Content and disclaim our endorsement:

In any Video that leverages our Content that you provide, you must include a prominent disclaimer (either at the beginning of the Video or, if live-streaming, near the Video in a visible font) as follows:

Portions of the content provided here, including trademarks and copyrights and any other intellectual property rights, are owned or held by Digital Extremes, Ltd.or its licensor(s) (“DEP”) and all rights in and to the same are reserved by DEP. This content is not official PBP content and is not endorsed or approved by DEP.

That said, no one here can really assist with this since it's a community forum, so I'm not sure why the OP is trying to name specific individuals or anything of that nature since that never ends well. If they (or anyone) has a specific issue with a creator there's a section for it in support tickets (https://support.warframe.com/hc/en-us/requests/new under Community & "Report Creator Conduct").

[(PSN)Bob_Nos_9]

i listed those content creaters as an example & show proof that the Eula was violated by said content creaters but as said i have nothing against them i only listed what content creaters I've watched

& i would imagine the Disclaimer Could be not Enforceable but idk I'm worried since i was looking into doing content myself & I'm more worried for a friend who's a content creater already but they stop making Warframe content videos directly before Eula was Renewed & decided to quit Warframe content creation Indefinitely after the Eula was Renewed but they said they were worried sick & also said "I'm thinking of deleting everything Warframe & minecraft related content on mine channel to avoid any of this Eula Nonsense"

i just want to know if Warframe content creation is a Problem or Not & If there will be any enforcement that Restricts Us (the community) from having Fun or Making Warframe videos that are Either For Fun, helpful, Fashion, & or even if making Art sorry Fanart of Warframe if even that Could be a problem Which i completely forgot to ask That question

Is Fanart of Warframe Violating Eula Since There's no Disclaimer? Depending on Website like Furaffinity At risk? Is Rule 34, Or Twitter or Anywhere that has fanart about Warframe on it Are they at Risk? 

[(PSN)MYKK678]

I don't get why this is confusing at all, the EULA is written in plain detail instead of the usual Lawyer Jargon.

 

If you're a content creator in any way at all, (don't need to be a partner), if your Video includes any content from Warframe (Video of gameplay, Pictures, Sound Effects etc) then you must have the Disclaimer provided in the EULA at the start of your Video (Pre-Recorded) or accessible at the bottom of the screen (Live Streaming). You cannot claim to be representing DE or its affiliates, cannot showcase cheats hacks or exploits, and cannot showcase anything that could be considered to violate public morals or ethics.

 

That's it. No reading between the lines, no alternate ways of viewing it, it's very very clear. If others are not abiding by this then it's up to DE and their Legal Team to get the videos removed. Again, they very clearly state what can happen right underneath the description:

"As solely determined by us, we may terminate your right to host, distribute or otherwise make available a Video that leverages our Content for business or other reasons without notice or liability to you. In such cases, we may (but do not have to) contact you or applicable websites or Platforms regarding terminating such rights to any such Video"

[(PSN)Bob_Nos_9]

39 minutes ago, (PSN)MYKK678 said:

I don't get why this is confusing at all, the EULA is written in plain detail instead of the usual Lawyer Jargon.

 

If you're a content creator in any way at all, (don't need to be a partner), if your Video includes any content from Warframe (Video of gameplay, Pictures, Sound Effects etc) then you must have the Disclaimer provided in the EULA at the start of your Video (Pre-Recorded) or accessible at the bottom of the screen (Live Streaming). You cannot claim to be representing DE or its affiliates, cannot showcase cheats hacks or exploits, and cannot showcase anything that could be considered to violate public morals or ethics.

 

That's it. No reading between the lines, no alternate ways of viewing it, it's very very clear. If others are not abiding by this then it's up to DE and their Legal Team to get the videos removed. Again, they very clearly state what can happen right underneath the description:

"As solely determined by us, we may terminate your right to host, distribute or otherwise make available a Video that leverages our Content for business or other reasons without notice or liability to you. In such cases, we may (but do not have to) contact you or applicable websites or Platforms regarding terminating such rights to any such Video"

& this is why i am trying to understand it as said before I've noticed that 90% of Warframe content creaters have not added a disclaimer in any Shape, Form, Or Way. Which this is from personal researching & i haven't seen one disclaimer yet & this line of Eula is why i am concerned this means we will be losing thousands no millions of Warframe video content 100s of GMVs Gone thousands of Build videos from Mods to decorative work gone then talk videos Etc.

Now if i made a video i would not claim anything but come on Don't people know that? Don't people know that i Don't own anything? Yeah maybe i buy a Hmm... Prime Access or something or a T-shirt but that doesn't mean that i own the company that made it or i have any claims in it F%#? NO! but i mean i heard a friend of my say they want to Buy DE because they think somethings are unfair But i Don't see that ever happening & i Don't see them claiming their DE Because of that comment either but GD it this is Going to destroy many content creater's livelihoods then

& it just... It's unbearable to see that & it's Heart breaking for me & others to not be able to do Warframe content we just wanted something fun to do & bring joy to people possibly. I'm fine putting a disclaimer down but I'm not fine knowing tho that alot of people are about lose their Warframe & channel livelihoods & the sad part is minecraft doing the same thing only difference you can have a disclaimer in description but even Minecraft content creaters Don't do that rule either so what is going happen? to the content creaters of That too Future?... I'm sorry I'll keep emotions out of this

my point is no one is abiding by that Eula Rule & so i wonder What's Gonna Happen next? To the content creaters that put all their hard work on Warframe content videos? Will this terminate their channels & make them lose all of their hard work they put into their Videos, their channels, do you know how long it takes for some people to even get to 1000 Or 1 Million subscribers on YouTube? (& Or any other content platform) & How hard it is do so? It an't easy & it takes years depending half these people if they lose their channels they'll be broken & some of the broken people will highly likely be too depressed & end up either on a News station somewhere, kicking the bucket, or Start a company to compete against Whoever took their livelihood away anyway & Etc.

But this maybe personal & it is but i want to know All of the answers to this Eula or TOS i want to understand it so i know how to not break the rules & if my time is worth putting into something like this & more importantly i want to help the community so we can avoid any unnecessary conflicts, misunderstandings, Etc.

[(PSN)slightconfuzzled]

Hello. 

I am not a lawyer or a legal expert. So take everything I say with a grain of salt, or to be more direct, there are likely more knowledgable people who can give you more precise and accurate info, and what I offer may be subject to the types of nuance and complexity that may render it inaccurate or misleading. 

Okay, so I assume you are not a concern troll right? You are not disingenuously trying to poke holes and make arguments for the sake of being silly and grandstanding. I assume you are sincere and the point of seeking clarification and questions is sincere, and as I understand it, motivated by the idea of a friend creating content around Warframe? Which in my laymans opinion, makes all of this incredibly simple, much much simpler overall in that your friend should just create the Warframe content. In all realistic likelihood, they really, sincerely do not need to worry.

As per your earlier context on what they might do, thats all pretty common, standard and normal content many Warframe content creators make with very little issue. Yes there may be certain risks, but there are always going to be risks. Youtube for example may suddenly implement a new policy that negatively affects how certain content creators can earn, which may include your friend. If your friend decides to make really "edgy" content that includes Warframe, that frames it in a way to make certain implications about Warframe and racism, sexism, or illicit sexual themes, with certain accusations and allegations, well then thats a different conversation, and a more complicated one. 

So if you are in good faith, and your friend is in good faith and would make content similar to the that of those you have mentioned, everything will probably be fine. Again not a layer or legal expert, but its to my best current understanding, that in certain places, legal documents that are of certain lengths, and sizes, with a massive amount of info, aren't as legally binding, and may be scrutinised and found invalid or subject to challenge, due to other laws. Like how many people honestly read through all terms of service various sites or products hold in order for you to use their product, if you have already been using it for years without incident. Let alone the ability to accurately understand the same terms. To my understanding such documents can't say... include certain unreasonable agreements hiding away that demand that if you sign or press agree, you are going to give them your life savings and enter into a contract where you owe them all the money you ever earn. Yes it asks if you have read everything, and should only agree if you have... so if you haven't... well oops, but legally you will probably be protected (at least I know in certain places you will be) and well it can get complicated... 

Not that going into and discussing those complications can't be fun, but if this is more of a case of your friend being worried they might be risking their time and energy making content for it to be removed, of they will be banned or something... Really should not be an issue. 

Also I checked one of your examples of a content creator, and they did have a Disclaimer. In their info bar. Also, if they are on Youtube, Youtube often auto detects and categorises content you upload. They will have a little info tab saying what game it is (I can't remember how it does this, if its assisted by how you title or upload certain info or is more automated), are you sure that such practices from larger websites don't fulfil or accomodate the EULA here? Maybe it doesn't, and this is why I am emphasising I am not a legal expert, but thats also often the issue with such discussions, because I don't know if you are either and whether you know, and if you are interpreting the terminology and meaning of such terms correctly or accurately. Not that there is anything wrong with that either to be clear, but if you don't, may mean its better to be careful as far as making declarations as to who is or isn't following the EULA as in who is violating it. Like are you sure the people you mention are? Or are you asking and using examples? Which is also very different? 

Then there is also the concept of violating an agreement, but those holding the agreement not pursuing further action, and the reasons and context behind why. For example, hypothetically, lets say that the one of the examples you brought up, is in fact violating the EULA, but the people at DE/Warframe, look at the case and decide its not really a big deal. For example, they may think the content creator did attempt/does attempt to stay within terms, and that their violation was small, trivial and not worth punishing or pursuing. For example, they might have a friendly accommodating personality, many years of content creation, and a large fanbase that directly and positively benefits DE/Warframe. Could be other reasons, that basically amount to DE/Warframes discretion. "How to make your Sigils make your Warframe have nipples?" could be considered silly and lighthearted. "Warframe is promoting pedophilia and beastiality, and here is in game proof!" is quite different. Maybe if that content creator is in breach of terms/agreement, DE/Warframe may pursue action for violations they have made. You get what I am trying to say? 

TL;DR. I am not saying that there aren't risks involved in creating content or that you shouldn't want to look for clarification and security around such issues, but in all likelihood, if your friend started making Warframe content, the type that the above examples do (and again, I looked at one example, and they had a few different ways, they might be fulfilling the EULA terms, depending on ones interpretation), then I can't imagine anything negative happening to them. Mind you I didn't check all your examples, so disclaimer, in case one of them is talking about super controversial issues around like real life illegal acts and practices and associating that with Warframe). Basically just get your friend to get started and to not worry about it so much. If they are on Youtube, Twitch, a general note somewhere like in info tab should be fine. Especially if they are just starting and new. If DE/Warframe really wants them to do something, they would probably communicate that with them directly, or become an issue with Support/Community management. 

In either case, good luck to you and your friend.

[(PSN)Bob_Nos_9]

On 9/6/2023 at 12:26 PM, Letter13 said:

If you include content from Warframe in the video, you need to include the disclaimer. You don't need to explain what Warframe is or include any extra explanation, just the disclaimer.

The splash screen at the start of the video showing the disclaimer could be 1 second, it could be 5 seconds, could be 10. There's no specified length requirement.

The disclaimer needs to be in the video itself if it's a recorded video. If it's a stream, the disclaimer has to be located somewhere on the page.

As long as the disclaimer can be read at the start of the video, it doesn't matter where it is in the frame.

As far as I'm aware, the EULA is not retroactive, so videos and streams made before the updated EULA rules regarding video content are not in violation of the current EULA. If people make new videos and streams without observing the disclaimer clause, then yes, they would be in violation of the EULA.

For commercial use, monetization through things like YouTube views or Twitch subscriptions/bits redeems is fine. Selling the video itself as a commercial product (i.e. as a DVD or a standalone item).

 

On 9/4/2023 at 7:28 PM, Letter13 said:

I was about to refer you to DE Customer Support to ask, but I'm not actually finding any ticket categories for EULA inquiries. Let me see if I can reach out to someone to see if such a category could be added to let users ask questions like this. 

 

From the EULA:

How you may distribute your Video:

Subject to the terms of the applicable EULA and this Streaming Policy, you may create Videos using our Content, and you’re free to distribute such Videos on websites where viewers are permitted to view these Videos without any charge of any kind. We understand that some websites may offer paid services. Provide that the website that hosts these Videos provides a free method to allow viewers to view them, you may distribute the Videos on that website.

What you may not include in your Video that leverages our Content:

You may not include in any Video (nor anywhere linked near or on the same webpage as the Video) any content that is prohibited as User Content under the EULA and the following:

• Anything that could imply that the Video is produced by us or that we endorse you or your Video (unless you have an endorsement relationship with us as covered by a separate written or other agreement);
• Any information related to cheats, hacks, exploits, bugs, or third-party programs, including links to any of the foregoing; nor
• Uses of our Content that breach applicable law or are derogatory to us or that, in our discretion, may damage the value, goodwill, or reputation of us, our affiliates, our products, Content, or brands.
• Any behavior or conduct that violates public morals and ethics.

Disclosure – you must identify us as the copyright holder of our Content and disclaim our endorsement:

In any Video that leverages our Content that you provide, you must include a prominent disclaimer (either at the beginning of the Video or, if live-streaming, near the Video in a visible font) as follows:

• Portions of the content provided here, including trademarks and copyrights and any other intellectual property rights, are owned or held by Digital Extremes, Ltd. or its licensor(s)(“DEP”) and all rights in and to the same are reserved by DEP. This content is not official DEP content and is not endorsed or approved by DEP.

 

 

Based on the EULA section above, I'll do my best to answer your questions:

Based on the way the EULA is written, there's no % requirement for stuff like this.

Nothing in the EULA states that you can't do this.

As long as you're not using the remix for commercial use (or selling it) you should be fine.

As long as you're not using the remix for commercial use (or selling it) you should be fine.

Nothing in the EULA forbids this. 

Nothing in the EULA forbids this.

Nothing in the EULA forbids this. You should probably get permission from the dojo owners before recording or streaming videos from said dojo, as a courtesy.

If the video is recorded, the disclaimer needs to be at the beginning of the video (per the EULA). If you're live-streaming, you will need to have the disclaimer on your streamer page (i.e. 'nearby' in the sense that viewers could see it if they scrolled down on the same page). 

No, but the disclaimer will need to be present somewhere on the streaming page (i.e. beneath the stream) so that viewers can see it easily, if needed. 

As long as the video doesn't violate the EULA in some other way, you should be fine. Nothing in the EULA prohibits making videos of April Fools game content.

It says in Eula if a video Is Recorded it must have a disclaimer on video itself so unfortunately description or automated Description/Copyrights Don't count since it's not in video itself but I'm just trying to understand all this fully & thank you Slighconfuzzled & I'm sorry if i seem like a troll i just have alot of questions & I'm not experienced in this whole legal stuff it just hurts my head to be honest this is why it's very difficult but also i wanted to know what kind of Risk there is in this type of Eula & understand it so i can make mistake & help others not do the same possibly

[(PSN)slightconfuzzled]

14 minutes ago, (PSN)Bob_Nos_9 said:

thank you Slighconfuzzled & I'm sorry if i seem like a troll i just have alot of questions & I'm not experienced in this whole legal stuff it just hurts my head to be honest this is why it's very difficult but also i wanted to know what kind of Risk there is in this type of Eula & understand it so i can make mistake & help others not do the same possibly

 

You do not have to apologise. Its totally okay, you don't seem like a troll, its just that this subject can attract concern trolls.

Since the topic involves legalities, well, potentially there can be a lot of complexity, with discussions in and around it. It can also make peoples heads hurt too, and then you have different people at different levels of expertise and knowledge and understanding. There are also other variables to consider like, Warframe being accessed by people across the world. Since it can be a topic that can hurt peoples heads, and potentially be complex, it can be viewed as a good topic to concern troll over. 

Legitimate and sincere questions and persons though, is very different, and establishing this can be good, because usually their goal is to actually arrive to a conclusion and end point. A concern troll usually just wants to sow confusion, disagree, rile up miscommunications, and drag out conversations, so they can often be obtuse or misunderstand or miscommunicate on purpose. 

Being able to understand the difference can help people know, how much time and sincerity to put into their answers or help. 

I think you are sincere and genuine. Much of this topic, I think comes down to this point, I believe. 

"In any Video that leverages our Content that you provide, you must include a prominent disclaimer (either at the beginning of the Video or, if live-streaming, near the Video in a visible font) as follows:

Portions of the content provided here, including trademarks and copyrights and any other intellectual property rights, are owned or held by Digital Extremes, Ltd. or its licensor(s)(“DEP”) and all rights in and to the same are reserved by DEP. This content is not official DEP content and is not endorsed or approved by DEP."

On one of the examples you gave, I looked at, there is a small disclaimer similar, but its not as comprehensive or exact as the given disclaimer. I would argue that enough good faith intent is being made by the creator of the example, to broadly achieve the idea, that the intent of the disclaimer, that anyone on the side of enforcing the EULA, would probably be satisfied with, and be okay with, in loose general terms. Which basically makes it a matter of discretion on DE/Warframes part. 

Again, for the record, not a legal expert or lawyer, but... I have to consider, that with many of your examples, its simply not in DE/Warframes best interest, or intent to be so concerned that they may not be including the disclaimer exactly as framed and written in the EULA. More so its their for them to use with discretion if there is a much more serious and bigger issue going on with one of those creators and the content they may potentially produce. 

So in my opinion, getting too hung up or worried about the actual precise nature of the disclaimer in created content isn't worth pursing too seriously or worth worrying about. Its likely only going to be an issue, if say again, your friend creating content tries to make outrageous claims about Warframe, and fails to distinguish their created content from Warframe. Basically they would have to make up slanderous lies, attempt to deceive and fool people into thinking Warframe is implicitly endorsing the claims they are making or so on. 

Its not like all the examples you gave of creators, will have their content claimed, removed or lead to their accounts being terminated. I personally don't even know if they are violating the EULA, because I don't consider myself having the adequate legal knowledge or expertise to say with certainty. I am pretty knowledgeable broadly though, and I can also understand and sympathise with people being anxious, worried, or concerned over legal jargon and the negative consequences involved with errors and misunderstandings. Which is why my overall main point is... Just tell your friend not to worry too much and just make content. I am pretty sure the EULA doesn't exist for this sort of concern or issue, assuming again your friend is good faith in their intentions. There are other things they should worry about, like upload schedule, and channel graphics and a catchy channel name or so on. EULA isn't meant to trap, trick or destroy content creator channels. 

Hope that helps and alleviates any concerns you or your friend has. I wish you both the best! Take care! 

[(PSN)MYKK678]

5 hours ago, (PSN)Bob_Nos_9 said:

& this is why i am trying to understand it as said before I've noticed that 90% of Warframe content creaters have not added a disclaimer in any Shape, Form, Or Way. Which this is from personal researching & i haven't seen one disclaimer yet & this line of Eula is why i am concerned this means we will be losing thousands no millions of Warframe video content 100s of GMVs Gone thousands of Build videos from Mods to decorative work gone then talk videos Etc.

Now if i made a video i would not claim anything but come on Don't people know that? Don't people know that i Don't own anything? Yeah maybe i buy a Hmm... Prime Access or something or a T-shirt but that doesn't mean that i own the company that made it or i have any claims in it F%#? NO! but i mean i heard a friend of my say they want to Buy DE because they think somethings are unfair But i Don't see that ever happening & i Don't see them claiming their DE Because of that comment either but GD it this is Going to destroy many content creater's livelihoods then

& it just... It's unbearable to see that & it's Heart breaking for me & others to not be able to do Warframe content we just wanted something fun to do & bring joy to people possibly. I'm fine putting a disclaimer down but I'm not fine knowing tho that alot of people are about lose their Warframe & channel livelihoods & the sad part is minecraft doing the same thing only difference you can have a disclaimer in description but even Minecraft content creaters Don't do that rule either so what is going happen? to the content creaters of That too Future?... I'm sorry I'll keep emotions out of this

my point is no one is abiding by that Eula Rule & so i wonder What's Gonna Happen next? To the content creaters that put all their hard work on Warframe content videos? Will this terminate their channels & make them lose all of their hard work they put into their Videos, their channels, do you know how long it takes for some people to even get to 1000 Or 1 Million subscribers on YouTube? (& Or any other content platform) & How hard it is do so? It an't easy & it takes years depending half these people if they lose their channels they'll be broken & some of the broken people will highly likely be too depressed & end up either on a News station somewhere, kicking the bucket, or Start a company to compete against Whoever took their livelihood away anyway & Etc.

But this maybe personal & it is but i want to know All of the answers to this Eula or TOS i want to understand it so i know how to not break the rules & if my time is worth putting into something like this & more importantly i want to help the community so we can avoid any unnecessary conflicts, misunderstandings, Etc.

You were just given the explanation. You replied to it with the above post. So now you understand it.

Other content creators are not your concern. If they fail to follow the rules then that will be between them and DE. They won't have a leg to stand on of course but it's between 2 parties, there's no third party involvement.

[Letter13]

Pretty sure that if a video or stream was recorded prior to the updated EULA's rules about including a disclaimer, it doesn't need a disclaimer. Moving forward, videos should have a disclaimer.

However, it's also entirely up to DE how and when they enforce the rule. The disclaimer and the EULA updates regarding video recording and streaming seems mostly to cover their bases should they ever need to take action in regards to it.

 

If you want to stream and record videos involving Warframe, your concern should be about following the rules yourself. Using other content creators as an example by saying 'They don't do it so why should I?' is not a good argument for not following the rules. It's also not a super great reason to go around reporting all their videos either; really as @(PSN)MYKK678 mentioned you shouldn't concern yourself with other content creators and whether they are/aren't adhering to the EULA..

[fo3nixz]

My question here: if I upload a video to YouTube (a bunch of game play footage together with no additional editing) a disruption  levelcap run with build included. With no disclaimer. Is this now a violation  of the eula?

[(PSN)Bob_Nos_9]

So i will say a few things 

1 thank you Again Slightconfuzzled i will tell my friend not to worry tho i know they'll still be somewhat worried still in a small way

11 hours ago, Letter13 said:

Pretty sure that if a video or stream was recorded prior to the updated EULA's rules about including a disclaimer, it doesn't need a disclaimer. Moving forward, videos should have a disclaimer.

However, it's also entirely up to DE how and when they enforce the rule. The disclaimer and the EULA updates regarding video recording and streaming seems mostly to cover their bases should they ever need to take action in regards to it.

 

If you want to stream and record videos involving Warframe, your concern should be about following the rules yourself. Using other content creators as an example by saying 'They don't do it so why should I?' is not a good argument for not following the rules. It's also not a super great reason to go around reporting all their videos either; really as @(PSN)MYKK678 mentioned you shouldn't concern yourself with other content creators and whether they are/aren't adhering to the EULA..

2 Letter13 i know breaking the rules is never a good Idea that is why i am asking all these questions & Trying to understand all this however i only Listed the content creaters as a Example some of them are Content creaters i enjoy but i also listed them because i knew someone would ask who is not abiding by the New Eula Disclaimer Rule Which all i have listed have Made videos that are made after New Eula not old i would not be listing content creaters with videos before old Eula but i wanted to cover all the ground i Could & ask every possible question & also get to the point if possible

also it my concern because i enjoy these content creater's content It's why i wake-up everyone day in this miserable life of my because it brings me joy & entertainment & Helpful Advice about things & whatnot but it's gonna be very sad to see any of these content creaters go because of New Eula disclaimer & it is Also my concern for the Fact that if i make a video & Don't all of the rules & accidentally break one rule that i would Lose my content & or Channel these are why it's my concerns

17 hours ago, (PSN)MYKK678 said:

You were just given the explanation. You replied to it with the above post. So now you understand it.

Other content creators are not your concern. If they fail to follow the rules then that will be between them and DE. They won't have a leg to stand on of course but it's between 2 parties, there's no third party involvement.

3 as said in #2 section of this comment it Is my Concern Why? Because i enjoy some of these content creaters they bring Me joy & entertainment & Helpful advice & whatnot also it is also my concern because i Don't want to break any rules accidentally i want to follow the rules but

your right it is between DE & the community but i at least want to help more people know about the Eula rules & whatnot so there won't be as much possible problems for those that either did not Read the Eula Or Know about some of the Eula rules Or either those of the community that think otherwise & either can be told the truth that Oh yeah uh buddy someone told you didn't need to abide by a Eula rule For whatever reason? They lied to you buddy but Don't worry we can fix this just Go correct the mistake before anything happens buddy. 

& if a person is not abiding by the disclaimer rule by their own choice then i will not report them it is their choice & at the end of the day they can do whatever as long as it Doesn't hurt anyone then it's fine by me 

Question if i may ask how would one report a Eula violation of Any kind? this question is for other people who might want to report something is a violation of New Eula & also this question is for understanding how one Could make a report & how will DE response to Eula Disclaimer violation Reports 

Fanart Question this question comes from another friend who does Artwork of stuff mainly NSFW on Rule 34 but also Does Both NSFW & SFW stuff on Furaffinity too but Does artwork Of Warframe Fanart wise does it Require a disclaimer too? Or no?