Question about the Terms of Use

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Tristan Bay

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Jul 5, 2021, 11:05:55 PM7/5/21
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I was thinking about messing around with OpenToonz in the future and was looking at the website.

When I hit download on the OpenToonz website, it takes me to a Terms of Use I must agree to that's separate from the Modified BSD License which covers the terms for distributing and modifying the source code. One of the sections in particular (article 3) seems pretty strict and appears to go against GNU freedom 0 (the freedom to run a program as you wish, for any purpose). I have questions about these terms.

The terms say that I can't use the software if I'm a minor under the age of 20 without consent from a parent/legal guardian. I'm 20, so this doesn't apply to me, but I'm curious about the few minors out there who don't have a parental or legal guardian, don't have access to one, or just have ones that for whatever reason, won't give permission to use OpenToonz. What do they do? If the software is open source and doesn't collect any personal data, then what's the issue?

Article 3 point 1 says I can't use OpenToonz for anything except animation. So does this mean that if I use OpenToonz's built in FX for compositing live action footage, or for a very specific example that may apply to me as an electronic musician, take the frames of an animation I created in OpenToonz as .bmp files, and convert all of them into audio from raw data in Audacity and then using that in a wavetable synthesizer, does that mean I've broken the terms?

Article 3 point 3 says:

"offensive acts to public order and morality (including anti-social activities and their promotion)"

I know this was translated from Japanese, but Dwango is a big company (they own NicoNico which is basically Japanese YouTube), so why wouldn't they be able to hire native English speakers to do a better translation job?

Anyway, that's my rationale for complaining about how vague and possibly how restricting this is. "Offensive acts to public order and morality" could be something simple like an edgy South Park style joke or a rule 34 animation that some anon posted to 4chan. Does this part of the terms mean I'm not allowed to make things with OpenToonz that are deliberately offensive to different groups of people, even if it's to something like Flat Earthers or extremist Hypebeasts who wear Gucci in public all the time?

Article 3 point 8 says that I'm not allowed to use OpenToonz to do any economic or spiritual harm to Dwango or anyone else besides me and other people that I'm working with. Say I want to criticize a large corporation that I think is destructive, harmful, etc, such as Nestlé or Adobe and want to bring attention to the things that they're doing wrong in hopes that either they change or go bankrupt and out of business, or the same thing but with an individual person losing financial power/money. Am I allowed to do this with OpenToonz?

Finally, there's the Morevna Edition of OpenToonz, which has extra features, but that may present more of a learning curve to beginners. When I go onto their website and get to the part where you type in their email, I don't see any Terms of Use like with the official edition, although I'm not sure if they show it after I type it in because I didn't go that far. Do the Terms of Use for the official edition of OpenToonz apply to the Morevna Edition?

I want to be able to use OpenToonz and not have to "agree" to some strict usage terms which essentially keep the software from being truly libre, like for example, Krita, I would think. I hope to get answers on all of this, especially since I asked this on the OpenToonz subreddit a while ago and someone pointed me to ask here. Sorry for sounding like a Karen here, but if Shun himself is active here on this forum, I'd prefer hearing from him directly on this, since he's the main guy in charge of OpenToonz. Thanks.

gog...@gmail.com

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Jul 6, 2021, 2:38:58 AM7/6/21
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The terms of use is only applied to the binaries which are built and distributed by Dwango.
If you compile the source code or use another distro like Morevna Edition, you don't need to care about them.

You can refer to the previous github issue for further discussions: https://github.com/opentoonz/opentoonz/issues/87

Dwango set the terms of use in addition to the new BSD license.
As far as I understand, it was a normal practice for them when releasing the software in order to avoid potential future troubles.
I also believe they will not become an encumbrance to normal usage by most users.


> One of the sections in particular (article 3) seems pretty strict and appears to go against GNU freedom 0 (the freedom to run a program as you wish, for any purpose). 

I agree. By adding such restrictions, the "Dwango binaries" version of OT can't be described as a free software.


> I'm curious about the few minors out there who don't have a parental or legal guardian, don't have access to one, or just have ones that for whatever reason, won't give permission to use OpenToonz. What do they do?

They can still use other distros or compile from the source code.


> if I use OpenToonz's built in FX for compositing live action footage, or for a very specific example that may apply to me as an electronic musician, take the frames of an animation I created in OpenToonz as .bmp files, and convert all of them into audio from raw data in Audacity and then using that in a wavetable synthesizer, does that mean I've broken the terms?

It looks just fine.
As far as I can see, for the both usage in your example, you can say you make animations within the scope of OpenToonz usage.


> Regarding the articles 3-3 and 3-8

Sorry but IANAL and I have no idea for the strict definition or any judgement standard of them.
Again, you can use other distros or compile from the source code which are not under the terms of use.

Thanks!

Shun Iwasawa

2021年7月6日火曜日 12:05:55 UTC+9 Tristan Bay:
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