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Lunchmeat Larry
Nov 3, 2012

GreatGreen posted:

Nexus Mods no longer allows mod authors to permanently delete files:

https://www.rockpapershotgun.com/nexus-mods-no-longer-allows-mod-authors-to-permanently-delete-files


Isn't it a thing that insane Nexus modders like to throw pissy fits and delete their mods from the internet over the slightest non-events? Sounds like a pretty good improvement to me.

I'm not going to dip into US copyright law or whatever, but this seems, uh, legally questionable. EU/UK mod authors would be able to challenge it without much difficulty I would think under the GDPR right to erasure

Edit: wait, Nexus Mods is UK based? Yeah this wouldn't hold up lol. It'd be a test case and GDPR cases are unpredictable but as a UK solicitor I'd be fairly comfortable making the argument

Lunchmeat Larry fucked around with this message at 17:28 on Jul 3, 2021

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Lunchmeat Larry
Nov 3, 2012

Raygereio posted:

GDPR really doesn't apply here. Mods aren't personal data.

There will absolutely be personal data in there even if it's just the name/email address/whatever in the readme - in a couple of unreported/non-landmark cases, metadata has been held to count as personal data, which I find dubious but bear in mind that this is new legislation and that's the direction they've taken with it before now

Lunchmeat Larry fucked around with this message at 23:18 on Jul 3, 2021

Lunchmeat Larry
Nov 3, 2012

Renditious posted:

From the Nexus TOS:
" By submitting content to our services, you are granting an infinite, non-exclusive, worldwide, royalty-free license for Nexus Mods to store, distribute, copy or reproduce, edit, translate, reformat, publicly display, or perform the submitted content, at our discretion."

So it looks like they did exactly that. So they don't seem to have even been obligated to allow mod deletion in the first place.
GDPR is completely separate from copyright so isn't covered by that, so if the mod creator can show that there's personal data on the file - which can include metadata, as shown in some unreported cases where this argument has been used to get forum accounts nuked - that particular clause (which is legally tenuous anyway) won't help

Lunchmeat Larry
Nov 3, 2012

KakerMix posted:

Ignore the rules, the law, the EULAs. Why would a modder bring a case against Nexus, for what end? The financial cost alone makes this a realistic impossibility. Then if they do, what are they going to sue for? Going to court to MAKE Nexus delete their mod? Emotional damage?
I mean, I'm not sure how we can have this conversation while "ignoring the law" since that's what we're discussing. Under GDPR you are entitled to contact the data processor for the company in question and request deletion of your personal data, which as I said, most mod uploads are *likely* to include in my view. There's no need to prove direct detriment.

Frankly I'd be surprised if Nexus Mods didn't fold and delete at that point - that's the stage where they would be a test case, their lawyers and insurers probably won't cover them if they chose to fight the case, and unless it's one of the insanely popular mods it's not going to be financially worth it for them

Taking my work hat off, don't get me wrong, I do think it should be more difficult for authors to have their work removed - and honestly if a challenge does happen, it results in either Nexus Mods or a drama queen mod author losing out, which is a win/win tbh

Renditious posted:


The only realistic way I could see this working that doesn't involve an expensive court case that they wouldn't get anything from is the potential GDPR angle.

Yeah I'd agree with that

Lunchmeat Larry
Nov 3, 2012

fuf posted:

You should keep your work hat off bro because this has nothing to do with GDPR lol
It's Sunday obviously I'm keeping it off. But I disagree, primarily because of metadata. I dunno, it's not a settled question and the scope of the personal data provisions is still being worked out, ask the ICO (they will wait several months and give you a non committal answer, do not bother)

KakerMix posted:

Going to subpoena Jeffrey to delete all my individual posts on Something Awful
People have done that successfully! The alternate is that he combs through every one of your posts and deletes anything that could construe personal data, which would be an admirable commitment to the bit but seems unlikely.

Lunchmeat Larry fucked around with this message at 17:01 on Jul 4, 2021

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