Forum: Poser - OFFICIAL


Subject: Renda vs V3 -- brawling bimbos or secretly sisters ?

sixus1 opened this issue on Jun 28, 2005 ยท 430 posts


ynsaen posted Tue, 28 June 2005 at 10:26 PM

"...this is an obvious infringement..." "...The first and obvious infringment..." Of what? Certainly not copyright, since Program settings (ie, cr2's) are not subject to copyright (although the deltas -- morph targets -- are, and I'll grant that the inclusion of those -- assuming they are the V3 morphs, is a potential issue.) Eula's aren't infringed on -- they are violated or broken. If they did go against the terms of the Eula, then it would be up to DAZ to enforce it. Thus far, I haven't seen anything to make think there is an issue with copyright or trademark specifically (and V3 is subject to both), although I have seen items that would suggest to me that someone violated the End User License Agreement that accompanies DAZ products. Which, technically speaking, is a civil disagreement over the terms of a contract, and not illegal -- merely wrongheaded or ignorant on the part of the person or persons who created the figure. As for jp's: any figure that occupies esentially the same shape and is going to bend in essentially the same way as V3 is going to have similar -- if not exact -- jps out to at least 5 places. That is not, however, illegal. A character built form scratch could arrive at exactly the same settings without once referring to Victoria 3 or utilizing her CR2 simply because that's the way the program identifies those locations or points in space. This applies to LinLin as well, despite the strong arm extralegal tactics of the company in question. It was, in the end, a choice made by Sixus1 media to pull her inorder to avoid a possible legal battle they have neither the time nor interest in dealing with. Of all of this, the thing that is most certainly damning -- assuming it can be established that they do indeed work directly on V3 and do not work directly on Renda (simply repoint the object file in the cr2) -- is the morph targets. Those deltas are very much subject to copyright, and that would specifically be a potential infringement. However, in such, two factores come into play that are critical. The first is that DAZ has to decide it is somethign they wish to pursue. The second is that none o ya'll got a damn say in it. It would have to go up before a court of law for it to be established as an infringement, and it is entirely possible that the court might rule that the Deltas in this specific case are not protected since they do not specifically affect the figure involved. Would make for an interesting precedent, if nothing else. then again, the fireworks in this show should be interesting to watch. wrt "...It did not come up in testing, because there are no references in any of the Renda files to these morphs. They appear to only be generated after saving in Poser and Poser generates a new CR2 file..." This is easy enough to establish: open the Cr2 without resaving it in poser and seek the morph targets. Be sure to use the most recent version of the file -- the one doubtless uploaded within 30 minutes or so of this thread starting...

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)