Phasmid: "He can't however tell Valve to not give the mod to the people Chesko already sold the mod to through Valve" as I quoted you. If fore tells Chesko not to distribute for profit it is the same thing as telling Valve not to- same as music licensors telling R* to pull songs from GTASA is the same as telling Valve to pull them. Valve cannot arbitrarily decide to keep offering 'Killing in the Name Of' even as an 'original GTASA' download just because people 'bought' it with GTASA once R* tells them they don't have the rights any more. Licensing works both ways, not just the way Valve wants it to or when it's 2k backed by RIAA doing the telling. Valve not checking that Chesko had permission is a defendable practice- but only until such time as they've been informed he didn't have permission, and Chesko can inform them himself. They're just betting that nobody will bother going the legal distance.
The only reason they aren't doing it is because they don't want to refund and want to keep the money, and because it will look extremely bad for something they obviously see as a cornerstone of a monetisation and lock in strategy they want to roll out generally. The creator has asked them to remove it and advised them that the guy he ripped off said no selling, Valve can do it but won't because they require to be
legally compelled to do so- in your own words- which would be a monumentally shitty attitude even if it weren't a defence of copyright infringement.
This is hardly the same as the licensor telling Rockstar to pull (which should be Fore telling Valve in this case). All we know is that he didn't want Chesko selling it, and after talking to Fore, Chesko pulled the game off sale, which Valve did. We do *not* know if Fore has any problems with the game still being offered to the people who had already purchased it. If he does he has the option of issuing a DMCA. If he doesn't do that then what basis is there exactly for Valve to pull content from their paying customers? Chesko agreed they'd get to keep it if he sold his mods to them. He's pulling his content of his own accord, and according to the agreement that means subscribers keep theirs. The only reason he brought it up as such a jarring thing is because apparently he was clueless that that was going to be the case, despite it being right there in the agreement.
Pheace: Where does it say they can sell it?
DeathDiciple: Bits from
subscriber agreement, Section 6
You grant Valve and its affiliates the worldwide, non-exclusive, right to use, reproduce, modify, create derivative works from, distribute, transmit, transcode, translate, broadcast, and otherwise communicate, and publicly display and publicly perform, your User Generated Content, and derivative works of your User Generated Content, in connection with the operation and promotion of the Steam site.
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Valve is the sole owner of the derivative works created by Valve from your Content, and is therefore entitled to grant licenses on these derivative works.
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In some cases, Workshop Contributions may be considered for incorporation by Valve or a third-party developer into a game or into a Subscription Marketplace.
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Workshop Contributions are Subscriptions, and therefore you agree that any Subscriber receiving distribution of your Workshop Contribution will have the same rights to use your Workshop Contribution (and will be subject to the same restrictions) as are set out in this Agreement for any other Subscriptions.
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Except where otherwise provided in App-Specific Terms, you agree that Valve’s consideration of your Workshop Contribution is your full compensation, and you are not entitled to any other rights or compensation in connection with the rights granted to Valve and to other Subscribers.
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DeathDiciple: So if they take all derivative works of the mod, they can incorporate them into marketplace.
Valve is the sole owner or derivatives, "you agree that any Subscriber receiving distribution of your Workshop Contribution will have the same rights to use your Workshop Contribution (and will be subject to the same restrictions) as are set out in this Agreement for any other Subscriptions.", so whatever you may have stated in your license is nil if it collides.
Derivative works are irrelevant as they wouldn't be selling his mods but a derivative work. Nowhere does it mention the right to sell the original work there. Also the Subscriber in your last paragraph are the people who buy the mods.