Eternl_Knight opened this issue on Mar 18, 2005 ยท 216 posts
operaguy posted Sat, 19 March 2005 at 11:08 PM
khai, specifically, are you satisfied? And all the others, you are satisfied? I am not. Now, I am not a merchant making my living selling into the Vicki third-party market; the fears of those who are may have been allayed by Mr. Farr. My issue is with the blatant disregard for deeper issues. 1) Mr. Farr put enough on the table to clarify the position of his company with regard to the specific case of Sixus. He made the facts known, but he did not (nor can he) respond to the deeper reason Sixus withdrew the character anyway. He is not (and frankly should not) be responsible for responding to that reason, unless and until Sixus should choose to make this clearer. Case closed. 2) He is offering to put in writing the assurances made in this thread. The language and format of such written assurances may be the same as or on either side of that taken here. They will be written by lawyers. 3) He also conceded one outside point: "For example, if you create an original dress mesh to fit Victoria, we do not claim ownership to that mesh. You may choose to re-fit that dress mesh to a totally different figure (using the other figures J.P.'s). We claim no ownership on your dress." This is fair: you can't take a dress driven by DAZ JP and sell it for another model with the Daz-derived JP system in place. I respect Daz for having won it's market fairly in open competition. I have been vocal about that. I am excited that they have a new generation in development; as a consumer and Daz Platinum Member, I hope they have abandoned the horrible Unimesh and have started over, as it Mr. Farr seems to say, modeling from human beings. As a possible future competitor, part of me wishes that will take a long time. In either case, bring it on. Others may cringe that, notwithstanding the above, I am still confrontive. Also, since I intend to be a player in the Poser market as a filmmaker and possibly as a merchant, I may be revealing myself as a trouble maker with what follows. So be it. Unless I missed it in the sheer density of these exchanges (and I will take correction should this be pointed out) Mr. Farr made no response to the objection to the "substantially similar" clause, and chose total avoidance of the specific question about models that can take V3 textures. So, if someone started from scratch with mesh, bones, textures and morph sets for a brand new female character that had that nose/poutylips/amazonbody look that opens wallets here, at RDNA, etc., and at Daz, and that model could wear V3 textures and take clothing intended for V3 (with non-Daz JP somehow re-rigged), but had NO Daz DNA in any respect, but her look and feel were substantially similar to Victoria3..... Mr. Farr deliberately chose to address none of this. To me, that is telling. The proactive "substantially similar" penumbra is there. This clause is NOT necessary to protect against objective stealing, only 'look and feel' competition. He is giving away Vicki, and everyone who installs this 'free' model has signed on to it. They are baptised as followers. His FAQs amazingly get considered as part of that agreement, even though they are not IN the agreement click-approved. It would be interesting to see what would happen if someone took fresh mesh and went after the the Victoria-crazed market fair and square. It is tempting to tap in. Mr. Farr concedes that "DAZ does not propose to claim any rights, ownership entitlement to the human form in general." That is correct: Daz did not create, nor does it own, the attractor that drives Victoria; Mother Nature did and we all do. Signed without alias, John Donohue President, White Tree Studios Pasadena, CA USA ::::: Opera :::::