Legality of TPU Hosting DLSS DLLs

[ThrashZone]

Hi,
Witness lol
There's an old saying
Shit or get off the pot.

 

[stimpy88]

And someone is paranoid.

But not paranoid enough to call my lawyers, or tattle to my Dad on you though, unlike "some"here.

Sorry to disappoint you "both".

Dog, I know your barking at my posts, but please don't bother, you should use the ignore function, like I have.

 

[InVasMani]

Never go full schizophrenia...

 

[Frick]

You really are pointless. Speaks volumes about the admins and moderation here.

How they're human and can't instantly see every single post within minutes of posting plus they have to discuss things between themselves? I agree.

 

[Midland Dog]

@stimpy88 didnt even have to do anything to get you shot down

 

[Aquinus]

But not paranoid enough to call my lawyers, or tattle to my Dad on you though, unlike "some"here.

Do you also think that snitches should get stitches too? Nobody should be discouraged from reporting a possible crime if that report is made in good faith. Your replies make me think that you both don't care about laws and don't care about software licenses, which is your right, but I'm going to say it flat out right now, that it's a shortsighted view.

 

[virtualbs]

Let's be civil everyone, and discuss ideas and facts, not people. There is merit to both sides of the debate. My take on this is that TPU should be "ok-ish", as what they are redistributing is a piece of software that does not work in itself, and especially only works when used with software that had licensed its use in the first place. But definitely it is not a black-and-white debate.

 

[GerKNG]

i really don't see any "crime" here..
it's something that everybody has on it's PC as long as you have a game with DLSS 2.x installed.

 

[Soul_]

What?
is that like driving without a license you don't have to abide by the road rules?
Oh and the car is hot but that doesn't count either cos you didn't steal it yourself, your just driving it?

So much misinformation in this post. Don't even know where to start.

This will be like driving a car which requires development license only to develop it. So, when I buy the car for driving no development license or agreement is required to be signed, so I can drive it without a development license, but with my drivers license or the end user agreement only, which doesn't have any of the stipulations cited as part of the development license.

Actually, it does. Even bios files are legally grey. But thing is, NVIDIA has posted them openly itself at times, so it's pretty aparent it does not care.

Here? We'll see I guess. Hope w1zzard did his research.

Which is the point I have trying to make. It is a grey area with no clear breach for these files, if extracted from games, to be hosted here. As long as the intended purpose for use of these files does not change, and they are not modified.

 

[Mescalamba]

nVidia wont react for simple reason, which is that webs like this do them way too much service to even think about doing something against them.

 

[DeathtoGnomes]

Do they host the files in question?
Anyway, I’m not interested in what other sites are doing,

you should, its the same thing there as TPU is doing here. Lame.

 

[Dredi]

So, when I buy the car for driving no development license or agreement is required to be signed, so I can drive it without a development license, but with my drivers license or the end user agreement only, which doesn't have any of the stipulations cited as part of the development license.

Are you sure? I’m pretty confident that eula of most if not all games strictly disallows redistribution of even a small portion of it.

 

[DeathtoGnomes]

We wont shed any tears over it, and it's not like it takes us any effort.

The effort is in not pulling the trigger too soon.

 

[R-T-B]

no games have used this technology for a considerable amount of time now, as other platform agnostic and/or open-source solutions supplanted, and then replaced it entirely.

Pretty much every Unity game does. That was my point.

Do you also think that snitches should get stitches too?

Lol, now I feel bad for that being the codename of my last release of UnityAnalyticsKiller...

Releases · R-T-B/UnityAnalyticsKiller

Binary distributions of my other Unity Telemetry related projects. Basically a custom coded dll stack that replaces Unity methods and kills "analytics" or telemetry of most sorts. Also ...

github.com

 

[Aquinus]

I am really amused at all of the excuses for why people think that the SDK license for these DLLs don't apply if they can think of some weird loophole with regards to how they got their hands on the very files that the SDK provides. It's almost like people are looking for a reason to be able to say that the license means nothing because it could possibly provide some tangible benefit. While I understand the pursuit of performance, what's the issue with going to nVidia's site and agreeing to those terms to use the DLLs in an already existing game? It keeps everything legal and people can still muck with it to their hearts content. Hell, maybe there are other DLLs that could benefit from a newer minor or patch version.

 

[looniam]

I am really amused at all of the excuses for why people think that the SDK license for these DLLs don't apply if they can think of some weird loophole with regards to how they got their hands on the very files that the SDK provides. It's almost like people are looking for a reason to be able to say that the license means nothing because it could possibly provide some tangible benefit. While I understand the pursuit of performance, what's the issue with going to nVidia's site and agreeing to those terms to use the DLLs in an already existing game? It keeps everything legal and people can still muck with it to their hearts content.

i highly suggest you go to a lawyer's office and sit down with a copy of the EULA so they can explain the language to you. there are reasons why going to law school and passing the bar exams are requirements . . .

in the meantime, i'll point out whether you want to admit it or not, this has nothing top do with you or your work.

 

[Aquinus]

i highly suggest you go to a lawyer's office and sit down with a copy of the EULA so they can explain the language to you. there are reasons why going to law school and passing the bar exams are requirements . . .

in the meantime, i'll point out whether you want to admit it or not, this has nothing top do with you or your work.

Uhh, actually it does because if you didn't notice, the license for DLSS is incompatible with many open source licenses.

 

[looniam]

Uhh, actually it does because if you didn't notice, the license for DLSS is incompatible with many open source licenses.

where? language please!

again GO SEE A LAWYER.

because obviously talking to you here will do nothing since you seem to think you know more than anyone here.

 

[Dredi]

And uhh, wiki has an edit history? Go check the page yourself. Go on.

And?

Still waiting on where you got your extremely skewed definition of online piracy. It definitely didn’t appear with just a couple of clicks on google.

where? language please!

again GO SEE A LAWYER.

because obviously talking to you here will do nothing since you seem to think you know more than anyone here.

He is correct about the license being incompatible with free SW. For example Quake rtx does not have dlss support because of it.

(free as in free to do what ever you want with it)

 

[looniam]

And?

Still waiting on where you got your extremely skewed definition of online piracy. It definitely didn’t appear with just a couple of clicks on google.


He is correct about the license being incompatible with free SW. For example Quake rtx does not have dlss support because of it.

(free as in free to do what ever you want with it)

no one is talking developing software. this has been point out incessantly, details matter. go see a lawyer.

 

[Totally]

That's because you've moved away from authorized users and into the realm of unauthorized users. So instead of being a license violation, it's a copyright violation. Once again, businesses aren't going to stop in their tracks because some armchair warrior thinks they understand how the law works. Either the DLL was copyrighted material that was copied or W1zz agreed to nVidia's terms and is in violation of the license. Either way, it doesn't sound good.

Stop. That doesn't matter. Without a shadow of a doubt can it be proven that the file came from the SDK which the agreement applies?

 

[Soul_]

Are you sure? I’m pretty confident that eula of most if not all games strictly disallows redistribution of even a small portion of it.

While you might be right on the game EULA (I can't confirm), we were specifically discussing nVidia agreements. nVidia SDK agreements have no weight in this situation.

EDIT: A typical clause from Game Dev is as below:

Unless provided otherwise in the Documentation, you shall not display, modify, reproduce and distribute any Game Content, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your use, display, modification, reproduction and distribution of the Game Content give you any intellectual property or proprietary rights in the Game Content or in any logos and/or trade or service marks


Looks like they are only concerned about game content, and portions of game content. I highly doubt that DLL file with no game content would be considered a part of the game EULA.

 

[Aquinus]

where? language please!

e. You may not use the SDK in any manner that would cause it to become subject to an open source software license. As examples, licenses that require as a condition of use, modification, and/or distribution that the SDK be: (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) redistributable at no charge.

Maybe you should read the license before running your mouth.

 

[freeagent]

Settle down Kyle. Do you honestly think this site does not have a legal team? You should have a look around the internet and see what kinds of files are being hosted by third parties, and have been so for well over a decade.

 

[Aquinus]

Looks like they are only concerned about game content, and portions of game content. I highly doubt that DLL file with no game content would be considered a part of the game EULA.

Software tends to ship with licenses for all the proprietary software included in the application. The EULA doesn't cover all of those other licenses and if it does, it's some nuanced language regarding how all related licenses apply.