Hello i have a question, i play in a server that they says custom cars will be removed beucase rockstar buy fivem. Its that true or not ? thank you for your help and sorry for my english
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In short, somewhat true - what they most likely are referring to are the IRL-branded vehicles, i.e. using the same name and logo as in real life; those are considered to be Intellectual Property (“IP”) violations and as such are against the current terms of service for the FiveM platform. They should be good to keep using any vehicles that aren’t infringing IP rights, even modded ones assuming they are not using the brand names or logos. BTW, whether simply debadging such a vehicle while leaving the model intact is a violation is more of a grey area and I don’t believe there is a definitive answer to that one.
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so if i make a server with vanilla like vehicles ( example: Dinka Nexus ) then i’ll have a smaller to almost no chance my server will be terminated or requested to change?
In my personal opinion and in accordance with my own interpretation of the current TOS, you shouldn’t - assuming the vehicle model in question does not have any “special” usage terms that would prohibit it, you should be clear from TOS as it’s not a real-life brand/model and as such does not constitute an IP infringement.
Again, that is my own opinion under my own interpretation of the subject matter; I’m not an expert on these things by any means.
is that true man?
yes it is
You’re fine if it meets the following:
- Does not contain any IRL branding
- Is not ripped from another game, or violating the license of the model author
- Is tangibly different from an IRL car model like Rockstar’s own models
As per the most recent Community Pulse:
“De-badging” vehicles is a first good step but that alone does not mean your server is fully compliant with the PLA. You must fully remove all real-world vehicles from your server.
Will people be refunded for folks that have purchased cars and now they will be removed??
No, because using real roots crabs had Always been against the rules. It just hasn’t been enforced as much until Rockstar took over.
As long as you are not getting your players to pay you real life dollars to purchase the vehicles or play in the server, you should be fine. After all, FiveM is a modding platform.
I mean with there way of saying it anything that looks like a car is in violation of tos so with there logic there own cars are in violation because they look like cars if they told more details then this wouldn’t be such a problem also just because i need to point this out all of the base game cars are based on irl cars like the bj cruiser looks like a Toyota fj cruiser and all the other are the same with the different really only being the badge and name so how could you tell people not to do something that you do your self also for irl brand stand point i would see it as free advertising for my brand.
- You are not going to out think actual IP and copyright lawyers on this who actually know the law
- The difference you perceive between Rockstars cars and IRL cars is not in line with reality if you spend 10 seconds comparing them
- It’s not free advertising, it’s associating the brand with drug dealing, robbing, killing cops and many other illegal activities with which many brands don’t want to be associated with. This is the main reason IRL cars aren’t in GTA games, Rockstar could easily afford to buy the licensing if they wanted to but most brands don’t want their cars in this game.
I mean like look at there wording and tell me where the line is for useable and non useable if there saying debadging and making altertions to a irl car isnt enough then where is that line drawn i bet there a something saying base game cars cant be altered to make a new variation because that is IP of rockstar and it cant resembled any car irl because of IP so where is that line drawn is it a body line change or is it anything with 4 wheels and 4 doors because theres nothing said about what you can do other then be creative but if you look closely at how we design a car and our the way we see them and what we come to know as a car its still based off the irl counter part hell look at the gta dominator its a Mustang gt based car and the rest are irl based so having clarification would be nice.
This is not at all how copyright and IP law works. There is no single guiding principle to determine what constitutes being too close to an existing protected design.
And you will never get “clarification” of where that line is drawn because it’s only determined once you go to court about a dispute.
You keep saying Rockstar models are based off real cars and you are 100% correct. The MAJOR difference is they made all their models from scratch without copying any specific details.
You are already in the wrong the moment you start modifying someone else’s work, which is a core tenant of IP protection. Starting with someone work and modifying will always be infringement no matter how much you change because you are modifying something you don’t have the rights to own in the first place.
You need to do some proper research about what copyright is and is not because your current interpretation is completely backwards.
So lets say i make a model that looks like a 21 Mustang but no badge is that ok
Again, that’s not how any of this works. If you completely copy the details of a protected work. Hence the name COPYrights.
If you make a model loosely based of someone else’s work, you or a lawyer will have to judge if your design violates someone else’s protections. Again, no one here can tell you what that line is and the only definitive answer you’ll get will be from a judge if you go to court.
Fair use is an affirmative defense meaning the burden will be on you to prove it is in fact, a fair use design. Something Rockstar and IP lawyers are very good at determining.
Well here the other half what about cars are older like 40s 50s 60s and stuff like that where it comes in to free use
Like the ford model t ford only holds the trademark for the name but the car it self is no longer copyrighted there for could be used as a model with a different name
Like looking at it anything 20 years old is no longer protected so any car from 2004 and back are free use and thats from the us gov directly
Provide citations because you’re wrong.
Which assumes the copyright isnt renewed which is most definitely will be.
And for trademarks, they don’t expire: Keeping your registration alive | USPTO