So, what does bethesda need to do to go bankrupt?

Bethesda, Zenimax and affiliats own the ESP and game data made by the CK
Precisely.

Part of the reason for the public toolset is for protection. They need to be able to release whatever they want ~without modders [with mods they likely never even heard of], accusing them of stealing their ideas. This is also why anyone offering ideas to them is told [instead] to post it on the public forum.

A modder can look at their game, and release something all their own... and yet it could be something Bethesda thought up years ago, and declined to include (for any number of reasons besides just being problematic at the time)... Their EULA gives them the freedom to invent without backlash from modders claiming stolen concepts. One has to agree to everything in their EULA to be allowed [by them] to use their toolset; and after doing that, it doesn't matter if they DID steal it; they already got blanket permission from the modder.

Read their EULA.
PLEASE READ THIS STATEMENT CAREFULLY BEFORE DOWNLOADING AND USING THE EDITOR. YOUR DOWNLOAD AND USE OF THE EDITOR CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF USE (THIS “AGREEMENT”). IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT DOWNLOAD OR USE THE EDITOR.

If You distribute or otherwise make available New Materials, You automatically grant to Bethesda Softworks the irrevocable, perpetual, royalty free, sublicensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the New Materials (or any part of the New Materials) in any way Bethesda Softworks, or its respective designee(s), sees fit. You also waive and agree never to assert against Bethesda Softworks or its affiliates, distributors or licensors any moral rights or similar rights, however designated, that You may have in or to any of the New Materials. If You commit any breach of this Agreement, Your right to use the Editor under this Agreement shall automatically terminate, without notice.

My earlier post does mention making a 'crippled' mod that relies on additional files being present; released as a separate download ~not included with the CS mod files.
 
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In regards to settlement packs I would agree with you, many people would. In regards to taking someones story or concept that would be something very difficult to prove and probably not worth fighting over, but the author, if proven without a reasonable doubt to be the holder of the rights, would win that battle, Bethesda went about it in a snake like way and wouldn't loose the battle, Words on a paper and scripts for that matter enter a grey area. It doesn't look good on them as a company. In regards to actual data assets not created in the Skyrim engine, they can not use them, they can get ideas from them, but directly using them would cause legal issues with third party software that they have no license over.
 
They can blame any distasteful action on the part of overly aggressive lawyers. This is a company who tried to copyright the word 'Scroll', and have shut down fan-made Iphone themes.

If you read the passage above, from their EULA, it states, "If You distribute or otherwise make available New Materials, You automatically grant to Bethesda Softworks the irrevocable,... rights ... to use, ... and otherwise exploit ... the New Materials ... in any way Bethesda Softworks, or its respective designee(s), sees fit." *That means that they could have Obsidian do it, or Gearbox, or Paradox.

I bet they would say that Stories count. Anyone who uses their toolset has agreed to this in advance, and makes everything available to them by distributing it publicly.
 
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They can blame any distasteful action on the part of overly aggressive lawyers. This is a company who tried to copyright the word 'Scroll', and have shut down fan-made Iphone themes.

If you read the passage above, from their EULA, it states, "If You distribute or otherwise make available New Materials, You automatically grant to Bethesda Softworks the irrevocable,... rights ... to use, ... and otherwise exploit ... the New Materials ... in any way Bethesda Softworks, or its respective designee(s), sees fit." *That means that they could have Obsidian do it, or Gearbox, or Paradox.

I bet they would say that Stories count. Anyone who uses their toolset has agreed to this in advance, and makes everything available to them by distributing it publicly.
They define the term "New Materials" in the statement I posted, I'll post it again,
This downloadable editor, titled The Creation Kit™ (the “Editor”), enables the end user (“You”) to create new or customized levels or otherwise adjust Your experience in using the copy of The Elder Scrolls V: Skyrim® software product purchased by You (the “Product”). All uses of the Editor and any materials created using the Editor (the “New Materials”) are for Your own personal, non-commercial use solely in connection with the applicable Product, subject to the terms and conditions of this Agreement.
New materials does not include external assets created outside of the engine, continue to argue, but it doesn't change the facts and as I mentioned before, this is fact. Whether you agree or not. This is correct.

https://community.bethesda.net/thread/22993
How to officially file a complaint notice if all or part of your Mod is uploaded to Bethesda.net without your permission

gstaff
roleBadge-4-1027-1457465613933.png
Jun 6, 2016 5:37 PM


A number of you have reported instances of users uploading Mod content that allegedly does not belong to the Mod creator. We take these reports seriously and want to protect copyright holders and authors of the Mod content shared onBethesda.net.



In accordance with theDigital Millennium Copyright Act, we request that anyone who believes their content was wrongfully uploaded to Bethesda.net formally submit a DMCA takedown request. Please Note: These reports should only come from mod authors and other copyright holders who believe their content was stolen.



To report these DMCA violations, please follow the steps from Section 17 of ourTerms & Serviceand send requests -- completed as detailed below -- to our email addresscopyrightabuse@zenimax.com. In order to make this process smoother, we will be working on ways to streamline this process.



17. Intellectual Property Infringement



ZeniMax respects the intellectual property rights of others, and requires that those who use its Services do the same. ZeniMax will terminate the Account of any user who is responsible for any or repeated acts of intellectual property infringement. You may not, and by using the Services You agree not to, use the Services to transmit material: 1) that is copyrighted, unless You are the copyright owner or have obtained the permission of the copyright owner to transmit it; 2) that reveals trade secrets, unless You own them or have the permission of the owner to so transmit them; or 3) that infringes on any Intellectual Property Rights, as defined below, of others or violates the privacy or rights of publicity of others. For purposes of these Terms of Service, the term "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.



If You believe that any Content appearing on the Services has been copied in a way that constitutes copyright infringement, please send a written communication that includes the following information to the Copyright Agent named below (please consult Your counsel and/or see Section 512(c)(3) of the Digital Millennium Copyright Act):



  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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ZeniMax Media Inc.

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Attn: Legal Department

Email:copyrightabuse@zenimax.com



If You believe that any Content appearing on the Services has been used in a way that constitutes an infringement or misappropriation of Intellectual Property Rights other than copyright infringement, please send a written communication following the above procedures that describes the purported infringement or misappropriation.



ZeniMax will notify You if it removes or disables access to copyright-protected material that You provide, if such removal is pursuant to a valid DMCA take-down notice that ZeniMax has received. If You receive such notice from ZeniMax, You may provide ZeniMax with a counter-notification in writing to ZeniMax’s designated agent that includes all of the following information:



  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
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  • Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which ZeniMax may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.


ZeniMax may, but is not obligated to, follow similar procedures if it removes or disables any Content that purportedly constitutes infringement or misappropriation of any Intellectual Property Rights other than copyrights.
What would I be filing a DMCA takedown notice for if I don't own my copy-right content?
GTFO son.
 
They define the term "New Materials" in the statement I posted, I'll post it again,

New materials does not include external assets created outside of the engine, continue to argue, but it doesn't change the facts and as I mentioned before, this is fact. Whether you agree or not. This is correct.
No need to post it again. Ask yourself, "What do they get out of this? Why would they make this deal?"; part of the answer is always in their EULAs. I think some folks are hung up on the word "own". Is there any practical difference you can think of between 'own', and 'unlimited rights to use and modify'? Perhaps there are, but I don't see any real distinction.

MOD EULA:
D. License to ZeniMax. Whether or not You provide a copy of one or more of Your Game Mods to ZeniMax for download from the ZeniMax Platform and in exchange for ZeniMax making the Editor available to You free of charge, You hereby grant to ZeniMax an irrevocable, perpetual, royalty-free, fully paid, worldwide, non-exclusive right and license, with the right to sublicense through multiple tiers of distribution, to use, reproduce, modify and create derivative works from (including without limitation (a) modifications necessary to make Your Game Mods compatible with the Services (as defined in the Terms of Service); (b) modifications as ZeniMax deems necessary or desirable to enhance gameplay; and (c) where ZeniMax in its sole discretion deems modification necessary for security, statutory or other regulatory consideration), distribute, transmit, transcode, translate, broadcast, and otherwise communicate, publicly display and publicly perform and otherwise exploit and/or dispose of such Your Game Mods (or an part or element of a Game Mods), including without limitation in connection with the operation and promotion of the Services. For clarity, the foregoing license includes, but is not limited to, ZeniMax including Your Game Mods (or elements or portions of a Game Mods) and modifications and derivative works of Your Game Mods in other Games and Services. This license is granted to ZeniMax for the entire duration of the intellectual property rights in or protecting the Game Mods. To the fullest extent permitted by law You also waive and agree never to assert against ZeniMax or its distributors or licensors any moral rights or similar rights, however designated, that You may have in or to any of Game Mods. Subject to Your ownership of the original of Your Game Mods, ZeniMax will be the sole owner of the modifications and derivative works created by ZeniMax of Your Game Mods. For clarity, You agree that You are not entitled to any rights or compensation in connection with the rights granted to ZeniMax in this Agreement, including without limitation the use of Your Game Mods by others.

https://www.nowgamer.com/skyrim-creation-kit-user-mods-belong-to-bethesda/
http://www.gamepur.com/news/7025-al...velop-using-creation-kit-belong-bethesda.html
http://www.gamezone.com/news/bethesda-owns-the-rights-to-your-skyrim-creation-kit-mods
 
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