Can I please speak to a team member or legal team about a question?

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commercialuse
termsofuse
legaluse

#1

Hi. First of all, I’d just like to say that I’ve read the Terms of Service and the General Model License multiple times, as well as many forum conversations. I would appreciate please if also people didn’t tell me to go and consult my lawyer, because the things said in the documents are inherently ambiguous if not outright contradictory. Sorry for the rude intro, but I would just like things clarified.

I know that when a user, or (“developer”) uploads a model the terms describing the rights and license of both Trimble and another user who uses that model are identical insofar as both:

have a royalty-free license to download, reproduce, adapt, make derivative works based on, modify, publish, publicly display and perform, distribute, make, sell, offer to sell, import and use the model within the conditions set out in the paragraphs that follow.

Specifically I’m wondering what the meaning under Google Geolocated Models implies. It first says:

“you are only licensed to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute and use such Model” BUT “and you shall not use or incorporate such Model in any application, product, service, database or repository.”

How is it then that Geolocated Models can be used? Is it the case that after Google slaps their name at the base of the model that Google precludes someone from using that model in, for example a video game? If so, how does this happen? Does it also preclude the original uploader, who is the original creator? If not, what’s the difference? I thought I have the same General Model License to modify and use the uploader’s model. Is Section 2(i) related to this when it talks about removing or obscuring identification or logo?

The Sketchup Help Desk has Terms of Use which say:

“Rights granted to other end users of the Services. You give other end users of the Services a perpetual, sublicensable, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute Existing Geolocated Models, Existing Non-Geolocated Models, New Models and related content and derivative works thereof which you submit, post or display on or through, the Services.”

I don’t think this is a case of being literate in contract law, I think this is just a case of being inherently abstruse. I want to use models in my game and just want to know if Google will sue me or not. If you’re still reading, thank you.

Maurice.


#2

Since your question seems to be aimed at Google, you might find it more useful to get in touch with them. The SketchUp team members are not employed by Google and aren’t in a position to make official statements about Google’s legal position on anything.

From previous experience with these kinds of posts, I expect you’ll also find that you should be contacting Trimble’s legal department directly to pose your question rather than posing it on a public forum. Trimble because they own SketchUp and have done for more than 4-1/2 years.

Since you are using SketchUp Make (according to your profile) I gather you will be making your game freely available to others. Since you aren’t going to be selling the game or its content, I don’t think you’d have any worries about using content that is freely available.


#3

Trimble acts on behalf of Google from what it says in the Terms of Use. And the issue of Google Geolocated Models is an issue dealing directly with the General Model License here, at Trimble. I tried finding a way to speak to Google when I accidentally deleted my Youtube channel and it wasn’t easy at all, I was rerouted over and over to a forum like this one. And that wasn’t even a legal question, I imagine it’ll be even harder. Thanks for the suggestion though.


#4

I know I’ll need Pro version to use the models commercially. Edit: Just want to point out that the reason I want to know this is that if “application” means game it doesn’t matter whether my game is free or not, it still violates the license conditions.


#5

Hi @Moeman84,

You can submit specific ToU questions to: 3dwarehouse-tou@sketchup.com

Thanks,
Chris