[2024] MERGED: 7 Days to Die Refund

I'm copying this from Zipcore's Discord, because he put a lot of information together really nicely.

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The End User License Agreement (EULA) for the game "7 Days to Die" contains several important points that you should consider when creating mods and monetizing them on your server. Let's analyze the relevant sections of the EULA to determine what you are allowed to do and what might be restricted.

Important Parts from the EULA: (full version here: https://7daystodie.com/eula/ + https://thefunpimps.com/video-policy/)

LICENSE CONDITIONS: You are granted a non-exclusive, non-transferable, limited right and license to use the Software (game) for your personal non-commercial use for gameplay on a single computer or gaming unit. This means you can use the game for personal enjoyment, but you cannot commercially exploit it.
USER CREATED CONTENT: The EULA allows you to create content, including gameplay maps, screenshots, or videos using the Software. However, you should note that by using the Software and creating content, you grant Licensor an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use your contributions in any way and for any purpose. This includes the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate your contributions to the public without further notice or compensation to you.
VIDEO MONETIZATION AND AD REVENUE: The EULA permits you and other users who have purchased or received the game to monetize their video work using the Software on platforms like YouTube or TwitchTV, including receiving ad money from their video work. However, this authorization does not include monetization of video work using the Software if its gameplay has been altered or modified by a third-party code, and such third party requires financial compensation for the use of such code.
SERVER DONATIONS: The EULA allows server owners to receive server donations from players. However, there are certain restrictions:
Server owners MAY NOT charge hard currency (tangible money) or soft currency (in-game currency without monetary value) or in-game items.
Server owners MAY allow priority access to players who make a donation.
Based on the EULA, you are allowed to create mods for the game and run a server where players can donate to support it. However, you should not charge any form of currency (hard or soft) for the mods or in-game benefits like player model skins, item kits, buffs, or unlock commands.


Based on the provided End User License Agreement (EULA), it is not explicitly stated that cosmetic benefits cannot be offered to players for money. However, the EULA does have certain limitations and conditions that you need to consider before offering cosmetic benefits for money. Here are some key points to keep in mind:

Commercial Exploitation: The EULA explicitly states that you are not allowed to commercially exploit the Software. While the term "commercial exploitation" is not defined in detail, it generally refers to using the Software (game) or its content for direct financial gain.

Server Donations: The EULA allows server owners to receive server donations from players. However, it specifically prohibits charging hard currency (tangible money), soft currency (in-game currency without monetary value), or in-game items in exchange for benefits.

Cosmetic Benefits: The EULA does not specifically prohibit offering cosmetic benefits for money. Therefore, if you want to offer cosmetic benefits, it's essential to ensure they are purely cosmetic and do not provide any gameplay advantages.

Letting players level up faster: The EULA does not explicitly mention anything about letting players level up faster. However, it does state that you cannot distribute, lease, sell, rent, or assign the Software (game) without the express prior written consent of the Licensor. If allowing players to level up faster involves modifying the game's files or distributing altered versions of the Software, it could be considered a violation of the EULA.
To be safe and in compliance with the EULA, it's best not to offer any in-game advantages, including faster leveling, in exchange for monetary payments.

Paying server admins for in-game services:
The EULA does not directly address the issue of paying server admins for in-game services. However, the key point to consider is that you cannot charge players for hard currency (tangible money) or soft currency (in-game currency without monetary value) in connection with the game, as per the server donations section of the EULA.
If server admins provide in-game services to players, such as helping them with gameplay, building structures, or granting special privileges, you should avoid charging players for these services in any form, including direct monetary payments or in-game currency.

Based on the EULA, a potential approach could be to offer cosmetic benefits as a reward for server donations without directly tying them to monetary payments. For example, you could have a donation system where players receive cosmetic items or skins as a thank-you gift for their support, but they are not required to pay for those items directly.

Here's an example of an acceptable approach:
Players who make donations to support the server receive a special "Donor" status or title.
As a perk of being a "Donor," players gain access to unique cosmetic skins or player models that are not available to non-donors.
These cosmetic benefits are offered as a gesture of appreciation for their support, rather than being sold directly.
It's important to emphasize that cosmetic benefits should not provide any gameplay advantages or give donors a competitive edge over non-donors. The main goal should be to enhance the players' experience without creating a pay-to-win or pay-2-play environment.

Important Guidelines for STREAMERS / Twitch / Youtuber / etc. :
Monetization Methods: You are allowed to create, upload, livestream, and monetize videos using our Gaming Content on online live streaming websites. However, you must use only authorized Monetization Methods, such as advertising and partner programs of live streaming and video upload services available to the public for free. Commercial forms of monetization, including charging for access to our content or licensing our content to other companies for a fee, are not permitted.

Content Creation: We encourage you to create videos with your own creative input and commentary on our Gaming Content. Simply uploading existing gameplay footage without your own creative input or copying content created by someone else without their permission is not allowed. Please avoid posting spoilers that could ruin the experience for others.

Third-Party Intellectual Property: If you wish to use third-party intellectual property (e.g., music) alongside our Gaming Content, you are responsible for obtaining necessary permissions from the respective rights holders. Note that some game soundtracks or songs may not be owned by us but licensed from artists, and using such music may trigger content flags and potential removal of your video. Game soundtracks should not be posted or distributed separately from game footage.

Official Affiliation: You must not imply or state that your videos are officially affiliated with, sponsored, endorsed, or approved by us.

Content Removal: We reserve the right to remove any content that we deem unlawful, infringing, inappropriate, or not in compliance with these Guidelines, without prior notice or liability to you.

Updates to Guidelines: These Guidelines may be updated from time to time. Please refer to the latest version on our website before sharing your content.

Frequently Asked Questions:
Acceptable Content: Acceptable content includes videos and images featuring your creative input and commentary on our Gaming Content. Unacceptable content includes mere uploads of existing gameplay footage without your creative input and copying content created by others without permission. Avoid posting spoilers.

Monetization Methods: Streamers can monetize their content on platforms like Twitch and YouTube using authorized methods. Refer to our website for further details and eligibility.

Selling Content: You may not sell videos, music, or images that include our content or unauthorized third-party intellectual property.

Corporate Entities: These Guidelines are applicable only to individual streamers.

Content Removal: We may remove content that violates intellectual property rights, applicable laws, or our Terms of Service.

Unlawful, Infringing, or Inappropriate Content: Examples include content infringing on intellectual property rights, violating laws or regulations, and featuring pirated software.

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TLDR; The EULA is more strict about monetizing the game and the Mischief Maker Twitch Extension has been found to be non-compliant with the game's EULA and has resulted in copyright infringement. Streamers using this extension are at risk of facing legal consequences, including DMCA takedowns. The game studio is committed to allowing mods and supporting content creators, but they enforce compliance with their EULA to protect their intellectual property rights.

Originally posted by ghost marine "the super swede": -snip-

First up, MM was given legal notice of non-compliance- They did nothing. This is cited in your own topical post

Originally posted by OP: "Mischief Maker received written legal notice of the copyright infringement and EULA non-compliance several days before Fun Pimps took action to take down infringing streams using the Mischief Maker Extension."

Whether they did nothing because they didn't realize, Or they hoped the company would just not do anything or what, Iuno; But they were given legal notice.

As for the EULA changes
The change from old EULA to new EULA barely affects MM itself, as the only meaningful change is targeted towards Video Monetization and Ad Revenue; The rest of the changes are either a clarification of terms and meaning, or just adding roman numerals to the section.

Here are the edits from top to bottom:

Line 9:
Before:
"LICENSE"
After:
"I. LICENSE"

Line 48:
Before:
"INFORMATION COLLECTION & USAGE"
After:
"II. INFORMATION COLLECTION & USAGE"

Line 57
Before: Blank spacer line
After: The blank line was merged into line 56

This here's the only significant change:
Before:

Originally posted by 7DTD Eula pre July 13, Line 82: VIDEO MONETIZATION AND AD REVENUE
Anyone who has purchased or has received a gift or press release copy of the game has permission or rights to receive ad money or to monetize their video work on Youtube, TwitchTV or other video channels and mediums.

After:

Originally posted by 7DTD Eula post July 13, now line 81+82: IV. VIDEO MONETIZATION AND AD REVENUE
Anyone who has purchased or has received a gift or press release copy of the Software has permission or rights to monetize their video work using the Software on Youtube, TwitchTV or other video channels and mediums, wherein this monetization may include receiving ad money from their video work. This authorization does not include monetization of video work using the Software whose gameplay has been altered or modified by a 3rd party code and such 3rd party requires financial compensation for use of such code (including revenue sharing of any kind of hard currency or soft currency (as those terms are used below in Section VI)).

Line 84:
Before:
EASY ANTI CHEAT
After:
V. EASY ANTI CHEAT

Line 85:
Before:
The end of the line contains a ":" before the link
After:
The end of the line no longer has a ":" before the link

Line 86:
Before:
SERVER DONATIONS
After:
VI. SERVER DONATIONS; Line 86 became a spacer, Now line 87

Line 88:
Before(previously line 87:

Originally posted by Line 88: Anyone who has purchased or has received a gift or press release copy of the game has permission to receive server donations from players. Server owners MAY NOT charge hard currency (tangible money such as cash, credit, bitcoin, etc. that has monetary value) for soft currency (in game currency that has no monetary value) or in game items. Server owners MAY allow priority access to players that make a donation.

After:

Originally posted by Line 88: Anyone who has purchased or has received a gift or press release copy of the game has permission to receive server donations from players. Server owners MAY NOT charge hard currency (tangible money such as cash, credit, bitcoin, or other currency fiat etc. that has monetary value or may be exchanged for money) or soft currency (in game currency that has no monetary value) or in game items. Server owners MAY allow priority access to players that make a donation.

So, Of all the edits, 6 were just adding roman numerals or minor edits. One (the last shown ) was just a clarification of terms, and one edit that may make an actual difference in how one would interact with the EULA.

So let's bring that one down and examine it a little closer- To be clear, I am not a lawyer, so this is a laywoman's view:

Originally posted by 7DTD Eula pre July 13, Line 82: VIDEO MONETIZATION AND AD REVENUE
Anyone who has purchased or has received a gift or press release copy of the game has permission or rights to receive ad money or to monetize their video work on Youtube, TwitchTV or other video channels and mediums.

After:

Originally posted by 7DTD Eula post July 13, now line 81+82: IV. VIDEO MONETIZATION AND AD REVENUE
Anyone who has purchased or has received a gift or press release copy of the Software has permission or rights to monetize their video work using the Software on Youtube, TwitchTV or other video channels and mediums, wherein this monetization may include receiving ad money from their video work. This authorization does not include monetization of video work using the Software whose gameplay has been altered or modified by a 3rd party code and such 3rd party requires financial compensation for use of such code (including revenue sharing of any kind of hard currency or soft currency (as those terms are used below in Section VI)).

Underlined part being the changed section.

"to monetize their video work using the Software on Youtube, TwitchTV or other video channels and mediums, wherein this monetization may include receiving ad money from their video work.";
This is just a rewrite of the prior statement with more clear legalese wording. This change won't affect basically anyone as it's a matter of phrasing.

"This authorization does not include monetization of video work using the Software whose gameplay has been altered or modified by a 3rd party code and such 3rd party requires financial compensation for use of such code (including revenue sharing of any kind of hard currency or soft currency (as those terms are used below in Section VI))."

This right here is the part in contention. But if you read and understand it, you'd understand that it had very little to do with TFP coming down on MM. MM had already broken the EULA in another place by monetizing their extension in a way that was non-compliant with the EULA.

This change to the EULA does not affect MM directly- Instead, It affects people who insist on continuing to use 3rd party code that breaks the EULA, essentially being complicit in the use of EULA breaking software.

Whether this change was implemented or not, TFP would have come down on MM- Because MM had already broken the EULA elsewise.

This change primarily supports TFP's right to crack down on non-compliant third party stuff by essentially putting anyone who continues to support non-compliant third party stuff under direct legal threat, reducing the ability for those third parties to act in the shadows continuing to sell their non-compliant product.

Further, this change to the EULA has no effect on anyone who is using the game compliantly- You're still free to use third party mods and extensions, so long as those mods/extensions do not Require financial compensation for it's use; Any mod or third party extension requiring financial compensation for it's use has already been against the EULA prior to this change.


TL;DR: MM already was non-compliant with the EULA before the EULA changes; the changes also don't really directly impact MM in any way. What it DOES do is put supporters of EULA breaking third party programs/mods/extensions at risk if they stream with those programs/mods/extensions that break the EULA by requiring financial compensation.