It's not the fact that they're made in the CS that makes them Bethesda's. As you mention, making images in Photoshop, or models in Maya or Blender, doesn't mean those companies own what you create.BrotherBrick wrote:Even that is dubious and will likely be laughed out of court. Just because you use Photoshop doesn't mean your photos are now property or some how in a binding contract with Adobe. They remain your property.
The CS's EULA, however, is an agreement between you and Bethesda. You agree to turn over copyright to Bethesda of the things you create in the CS. This isn't an unprecedented idea. Company and contract work uses the same principle; you agree to turn over copyright to what you create under certain conditions.
Whether or not the CS's EULA would hold up in court, I have no idea since I'm not a lawyer. I imagine it'd be a very tricky question for underage people using the CS, as they can't legally enter into a contract by themselves. Or for people who live in other jurisdictions.
In either case, though, the vanilla CS's EULA doesn't apply to OpenCS. OpenMW itself is licensed as GPL3, and any user-created content is licensed however the creator wishes to license it. So if someone wanted, they could create all new game content using OpenCS, Blender, GIMP, or whatever, to completely replace Morrowind's content, and sell it. They need to follow the terms of the GPL3 for the engine (i.e. provide source code, and allow modification and redistribution of that), but their assets can be under a no-redistribution license, so anyone that actually wants to play the game content has to buy it.