Forum: Poser - OFFICIAL


Subject: Thunderbird3 in free stuff: selective non-enforcement of copyright policy?

JHoagland opened this issue on Dec 23, 2004 ยท 45 posts


ynsaen posted Thu, 23 December 2004 at 8:51 PM

OK, let's look at what you so elegantly failed to include. "The Free Stuff section is where members can post links to free stuff that they would like to share. If you have an item that you would like to make available to others, upload your file and thumbnail to your personal website, and post the link to them here. If you don't have your own website where you can upload files, there are dozens of free sites at Geocities, Angel Fire, etc. If you must link to a web page due to the nature of your ISP/hosting service, the FREE content MUST appear on the same page that is being linked to in the Free Stuff gallery entry. The links MUST BE TO FREE ITEMS. Any links found to non-free content will be immediately deleted. Freebies that require a free sign up at another site are welcome within Renderositys FreeStuff, we do require that it says in the "Notes and Requirements" box that Free membership is required. By providing a link to a Free Stuff item, you are representing that you are the sole owner of the intellectual property being offered. You agree to indemnify Bondware Inc. in any dispute which may arise regarding products that you offer through this site. We reserve the right to delete links to content and websites that we deem unsuitable for this community and its Terms of Service." now, the specific things being reviewed -- to which that specific phrase applies -- exactly, as I happen to recall the very day that it went into effect and the many bovine excrement posts that went with it which explained said statments purpose and intent quite clearly -- are as follows: 1 - that the file is there. 2 - that the free content is on the page being linked to 3 - that they are free 4 - that if sign up is required it is listed int eh notes and requirements box That's it, sir. You can read more into it in the interest of carrying forward a debate, but that eally is the only things they actually look for. but wait! there's more! "By providing a link to a Free Stuff item, you are representing that you are the sole owner of the intellectual property being offered. You agree to indemnify Bondware Inc. in any dispute which may arise regarding products that you offer through this site. We reserve the right to delete links to content and websites that we deem unsuitable for this community and its Terms of Service." let's see -- the first part of this is not something they need to check because you say you are the sole owner. What, we aren't liars by nature are we? I mean, heck, it's direct and right there. And then, of course, it says we reserve the right. That does not mean they must, or that they do, but merely that they can, at a time of their choosing and for reasons known only to them, opt to remove stuff. It does NOT require them to do so. Quoting something out of context is bad form, Khai. For shame! I've come to expect much, much better from you. Dang nabbit! As to why review them? Well, lest you be unaware of it, those particular items were issues that were rahter rampant in freestuff quite some time ago. There were lots of less scrupulous (and not very successful) merchants who were putting freestuff links up to stuff in stores (pay for), there were a great many complaints about the sites requiring registration not bothering to mention that fact. And, to be fully fair, I agree -- a google search is fairly simple, rather quick. It is also not efficient nor effective. A google search does not return results for trademark registrations. That ship may very well be a recognizable item, distinctive in and of itself, but google will not tell you if it is a trademarked item -- which is the only issue that would stop the creator of the item in question from being able to upload it. Copyright would not -- copyright is much too limited in scope to do so. So the only effective seraches would be through the various governmental trademark sources -- and also the only ones that "count", so to speak. Which is not always easy and is not always simple. Incidientally, the Blood Rayne set supplied renderosity with a letter stating permission was given by the owner of rights. So yes, sir, I am considering the question and the facts that are at hand, and also the full set of pertinent and applicable considerations that go into the entirety of the nightmare. If they were to check every incoming item, for one, they would have to hire someone to do so, as checking and sestablishing trademark and patent, all by itself, is a full time job. A single search can take anywhere from 5 mintues to ten days depending on the length and breadth of the subject at hand and the level to which something needs to be done. and if you want a full graphical representation (which would be needed in most cases here) from the USPTO, well, then you need to have access to one of two other tools that are NOT readily available to the public, are subscription based, and would ultimately require this site to either lower the merchant cut or increase prices across the board (and, well, come on, Khai, you're a merchant too -- odds are it would be both). And that's all assuming the item is a known element. Searching for unknown ones would be even more time consuming and involved, and would effectively kill the availablity of freestuff here. So, please forgive me if it insults, but, well, its asinine to ask for such without fully considering the entirety of the situation and the need thereby.

thou and I, my friend, can, in the most flunkey world, make, each of us, one non-flunkey, one hero, if we like: that will be two heroes to begin with. (Carlyle)