With topics like this, the big question is always: Are they really āfreeā? As a user, all you have to do is sign up to MakerWorld and click āDownloadā, but what about the bigger picture?
The models were uploaded under the Standard Digital Licence, which does not allow for remixes or any other use. However, Iām almost certain that this isnāt valid because the IP (Nintendo) and concept of the 3D model, namely the āclicky PokĆ© Ballā, already existed beforehand.
Furthermore, as the creator, you earn a significant amount of real money from uploading it as an exclusive model. You also gain material value in the form of hardware. In this case, I estimate that weāre talking about several thousand dollars, including the donation account. Thereās nothing wrong with that - quite the contrary. Iāll get right to the point:
Itās just not āfreeā in the traditional sense anymore. If someone supporting the MakerWorld ecosystem and getting paid, everythingās fine - thatās what most of us do. The only tricky part is trying to convince the IP holder that it was, after all, āfreeā. Heāll say, āWait a minute, you made a thousand dollars off that - thatās the exact opposite of āfreeā in the true sense of the word.ā
Thatās why itās also extremely complicated from a legal standpoint. The line between fan art and commercial art is crossed if you make a lot of money from it.
Like I said, Iām not in a position to judge, nor am I a lawyer, but either way, I see this as playing with fire. This will probably go on until Nintendo finds out, just like what happened with Lego (the name and logo, not the bricks) at MakerWorld - and then itāll be gone. On the other hand, I assume itās worth it if we roughly add it all up - a few thousand dollars in hardware value and donations.
