Butch opened this issue on Jan 03, 2006 ยท 23 posts
XENOPHONZ posted Fri, 06 January 2006 at 12:24 AM
I dunno -- like I said, I'm not a lawyer, and I make no claims to legal expertise.
But I'd tend to think that at best, a Poser freebie's readme being violated would be a matter for small claims court. And for the average Joe, it's tough forking over $5,000 in legal fees to a lawyer in order to collect $200 in damages from an artist that might have misused a freebie in a render. Assuming that the court even rules in favor of the freebie creator -- and such a result is by no means guaranteed.
Not to mention the impossibility of going after the offender in any sort of legal sense -- if the offender happens to live in Russia or Indonesia.
But ruining their reputation in the community -- now THAT would hurt. Especially if they are a well-respected merchant.........as we've seen on several occasions.
In the Poser community -- unless if we are talking about top merchants with big-time sales -- or companies doing fierce battle against one another -- I really don't expect to ever see a freebie maker sue some hapless Poser hobbyist who happens to use a freebie in an image that the freebie creator doesn't like.
Not that I intend to begin practicing the wholesale violation of readme's. After all, we've got an honor system to follow here........
As for "contract law" -- remember the phrase: "Verbal contracts aren't worth the paper that they're printed on."
Go to a copyright lawyer: and tell that high-money lawyer that someone took your free 3D model of a pogo stick, and then posted an image in the Rendo gallery which used the pogo stick in a way that you didn't approve of. Wave enough money under the lawyer's nose, and he might even take the case. But he'll be laughing at you behind his hand as he heads off to the bank.
Hmmmmm.
I think that I'll stick with the honor system. Works for me.