Hmm.. I am not sure how this became a debate about the legalities of Art...
I think you all missed my point... I was hoping to see some discussion on this modern art form.
If you want to get into technical legalities I think it is pretty clear. It doesn't make much sense, but the TOS makes it clear. Anything you make in NWN is Biowares. Unlike clay, or paint, whom the makers of those products claim no right to anything produced with it, that's not the case with videogames.
It's the same with Fallout, or Oblivion, or what have you. Just look at how FONV co-opted a ton of community content from Fo3 into it. And as far as I know, those contributors got no credit.
But regardless, even within that constrained (in the sense that the artists using this medium could never truly be recognized, because it is inevitably biowares...) I don't really care... It's still art to me.
If the east German government owned spray-paint companies in east Germany, do you really think graffiti artists cared that they didn't technically own the art they created on the Berlin wall? Hell no!
Not to say NWN is a political statement (although I think it could be used as such) or bioware is the videogame equalivelent of east Germany, and bless bioware for not censoring content to that extent (just look at all the adult PWs for example... if that aren't censoring that, I highly doubt they would censor some political mod, or just folks trying to have some fun and express themselves.)
And in that sense this medium is also art. It allows freedom of expression.
A lot of you all are talking about the legalities of ownership, and profit ( who took the picture here??? I screen shotted it. Does that make me the owner?). Don't get me wrong, I fully support, and think artists should be able to make a living off their work (e.g. doing art), and it is a sad state of our current society that we don't value that as a viable and sustainable profession. But, in this instance, it's a rather unique situation. Perhaps one that will set precedent for the future.
It to me is clearly an artistic medium, but unlike clay or paint (or other traditional mediums) also claims ownership to anything created with it. I didn't really want to spur that debate with this post, but it is what it is. What I wanted to do was celibrate the fact that it is an artistic medium. And I thank bioware for that. I truly think, with enough vision, someone somewhere might recognize the potential in this dream, and provide it to the masses to truly create art.
At least that is my hope... I think bioware took a step in the right direction, and in fact a bold and to this day unprecedented direction. But it is far from an ideal situation as an artist. Nonetheless I am grateful to them for at least providing this step.