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Poser - OFFICIAL F.A.Q (Last Updated: 2024 Nov 29 7:57 am)



Subject: Denied Commercial Use for 2D Renders?


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novelist999 ( ) posted Wed, 18 January 2006 at 1:49 AM · edited Fri, 29 November 2024 at 3:57 PM

Several months ago when I first started using Poser, I bought a texture set for Kiki on Poser-Corner. I've used my 2D renders of Kiki that I created from it for commercial projects, including web templates that I sell.

Well, I just got an angry letter from the woman who created the texture set. She said: "Why did you use this commercially? I gave in my readme no permission for it." And she said:"Why didn't you ask me first?" I couldn't make out the rest of her letter, because it was translated from German. But I'm shocked as 2D renders are generally acceptable use as long as the original materials can't be extracted. I didn't ask for permission, because I didn't think I needed to.

She also insists on credit wherever I use it and a link back to her site.

I hunted through my harddrives for a copy of the readme but couldn't find one. I'm not sure the original product had one. I also searched the Poser-Corner site and found that their terms of use are pretty much like that of Renderosity's and other 3D sites': here's a relevant part; "Buyer acquires the copyright to any derivative works created using this work, provided none of the original materials can be extracted from the derivative work by any means."

What do you think I should do? Should I discontinue using this texture set for commercial use?

I did write to Poser-Corner about this, asking for clarification on the terms of use for this product.

Thanks,
Bobette Bryan


KarenJ ( ) posted Wed, 18 January 2006 at 2:17 AM

What do you think I should do? Should I discontinue using this texture set for commercial use? For the moment, yes, until you receive a definitive answer from the Poser-Corner admins. I can only speak for this site, but a restriction such as this would not be permissible at the Renderosity Marketplace. I will be interested to hear what Poser-Corner have to say. Karen Poser and Copyright Mod


"you are terrifying
and strange and beautiful
something not everyone knows how to love." - Warsan Shire


novelist999 ( ) posted Wed, 18 January 2006 at 2:27 AM

Karen,

I'll let you know what they say.

Here's a link to their license (it's difficult to find anything on the site since it's mainly in German).

http://www.poser-corner.de/xanario/xanario_cinfo.php?language=en&content_id=38&sessID=abe11bb3a691c67bdb18e5ad4ca4c3e1

Thanks,

Bobette Bryan


Acadia ( ) posted Wed, 18 January 2006 at 2:45 AM

Quote - I bought a texture

If I buy something, I'll use it in whatever fashion I want, save for redistributing the actual files I bought. And while I don't want to offend anyone, if I got a letter of that nature from a merchant telling me otherwise I'd tell them to take a flying leap off a very tall cliff and I doubt I'd say it that friendly either. Stuff like that drives me crazy!!!!!!!!!!! I can see putting a restriction on something you received free, because the person who made it isn't making a profit on it.. why should you. But when you buy something, that's entirely different. If they give you grief over using it for commercial purposes, and demand their name slapped all over things you use it on, I'd DEMAND a refund and wouldn't ever buy from that store again. Frankly, that merchant is shooting themselves in the foot by demanding stuff like that on paid for items.

"It is good to see ourselves as others see us. Try as we may, we are never
able to know ourselves fully as we are, especially the evil side of us.
This we can do only if we are not angry with our critics but will take in good
heart whatever they might have to say." - Ghandi



Acadia ( ) posted Wed, 18 January 2006 at 2:49 AM · edited Wed, 18 January 2006 at 2:52 AM

I looked at their license that you posted. This is a direct copy/paste:

Quote -
Buyer may use the materials in any personal projects or commercial projects, as long as the Seller's work is protected from extraction and none of the items above have been violated.

If you did that, you fulfilled your obligation and the merchant who emailed you is totally and completely out of line and needs to be pointed to the site's license and reported to the site Admins for harassment.

Sorry, my patience where this type of topic wears thin at times, I personally don't see how the people who run the copyright forum have the patience for it. LOL

Message edited on: 01/18/2006 02:52

"It is good to see ourselves as others see us. Try as we may, we are never
able to know ourselves fully as we are, especially the evil side of us.
This we can do only if we are not angry with our critics but will take in good
heart whatever they might have to say." - Ghandi



Jules53757 ( ) posted Wed, 18 January 2006 at 2:55 AM

I read their General Terms and Conditions (AGB) in German and for sure there is stated that you can use the purchased items for all of your work as long it is ensured that it is not possible to extract the original content out of your work. So, send an e-mail to the seller with the link to their AGB (German expression for General Terms and Conditions). May be the seller didn't read them 'cause not only the customer, also the seller has to ensure that he understands the AGB and if not, he/she has to send an e-mail to the store that they can explain it to him/ her.


Ulli


"Never argue with an idiot. They drag you down to their level and beat you with experience!"


novelist999 ( ) posted Wed, 18 January 2006 at 3:35 AM

Thanks for sharing, Acadia. I agree with you. I think I clearly have the right to use this product in my commercial renders. Perhaps the problem is that the seller doesn't understand the store's license agreement. It will be interesting to see what Poser-Corner says about this. BTW, is this a common problem? :-)


TrekkieGrrrl ( ) posted Wed, 18 January 2006 at 3:51 AM

OF COURSE you may use BOUGHT textures commercially. This is the mosst idiotic thing I've ever heard. That's the main idea of BUYING something instead of relying on freebies. I'd demand an apology from that merchant, possibly even with some sort of compensation. Not a refund because in that case there MIGHT be a grey area as to whether or not you can continue to use those textures, but a free copy of something else from that store (with no strings attached of course) would be prudent. Demand you link back to her site? I've never heard anything so stupid.. So if your picture was used on a billboard or on TV (hey.. those things happen) - that too should carry a link to the merchant's site? Some people think too highly of themselves for sure. Most of what I've sold has been commissioned pictures. Some have even asked that I don't place a signature on them, or at least make it so small that it's almost invisible. And as the Customer is always Right, I comply. Should I then plaster a link to a merchant's site on that pic? I think not ROFL

FREEBIES! | My Gallery | My Store | My FB | Tumblr |
You just can't put the words "Poserites" and "happy" in the same sentence - didn't you know that? LaurieA
  Using Poser since 2002. Currently at Version 11.1 - Win 10.



novelist999 ( ) posted Wed, 18 January 2006 at 3:54 AM

I just heard from "Bice," who's listed under "Admin/Copyrights," at the Poser-corner Store (I also wrote to the store owner but haven't heard from her yet). Bice said: "Generell isnt it allowed to use products for resell without permission from the copyright holder. If the creator doesnt give you a permission you cannot use this package for commercial. Sorry."

Then she included the readme for this product. Here's the part pertaining to useage:

"The textures, please, as your property do not transmit and not as a download on your sides offer. The textures do not sell. Pictures with these textures have come into being may be freely used. I have nothing against it if pictures with my textures have come into being in as zb. Backgrounds, screen motives are used."

This readme has such poor English that I can barely decipher it.

I replied to Bice and asked her about the store's license agreement which gives the buyer the right to use the product for commercial renders, and I invited her here to comment on this discussion.

At any rate, it looks like the big answer is NO! I've decided not to return to that store.

Bobette Bryan


elizabyte ( ) posted Wed, 18 January 2006 at 4:04 AM

I'm never going to shop there, that's for sure! And I'll never buy anything from any merchants associated with that store. If this is the kind of crap they pull on PAYING CUSTOMERS, I want nothing to do with any of them. bonni

"When a man gives his opinion, he's a man. When a woman gives her opinion, she's a bitch." - Bette Davis


SaSch-Style ( ) posted Wed, 18 January 2006 at 4:23 AM

I`m the owner of poser-corner and all of you are right. 2D-Render can used commercial. I agree with you, but feechen, the merchant has the rights to say no. My guidlines says that you can use the things for commercial renders but no original things from the packages.unfortunately the readme is not clearly written. Me as shop owner are endeavored to the customer to help and wrote to the merchant that her readme must be clear.


estherau ( ) posted Wed, 18 January 2006 at 5:03 AM

I don't think the merchant has the right to say no if your website says yes. I think it was misleading and could even be fraud, to sell someone something and say they can't use it. It's like if someone buys a car but the guy who put it together says "no, you can only use it if you travel to recreational places not for your work" I mean the shop that sells the car never said anything like that to me when I bought it. I have never seen poser corner but I will never buy anything there, in case the person who made the things suddenly decides they don't want me to use them except to look at on my own screen. Esther PS Oh and I think feechen's readme was clear enough - it stated clearly that the buyer can use it for anything as long as they didn't sell the actual textures, but pictures can be freely used.

MY ONLINE COMIC IS NOW LIVE

I aim to update it about once a month.  Oh, and it's free!


Acadia ( ) posted Wed, 18 January 2006 at 5:08 AM

ava_lon, I can see a restriction on items that are free, but if you have a store, all products sold through that store should have the same restrictions. Otherwise it's very confusing for the customer and results in stuff like this. If your store bought items have individual restrictions on them based on what the merchant wants, then perhaps something to that effect should be placed in the main license/agreement area so that the buyer is aware. I don't see anything on that page that states the Seller has the right to usurp the store license/agreement in favour of their own when it comes to purchased items. Also, it might be wise to make the items readme available to read like it is here, in addition to a clear statement in the product description as to whether it can be used for personal use only, commercial use only, or both. At least this way people can make an informed decision on whether to buy or not, and you won't have the confusion that resulted here.

"It is good to see ourselves as others see us. Try as we may, we are never
able to know ourselves fully as we are, especially the evil side of us.
This we can do only if we are not angry with our critics but will take in good
heart whatever they might have to say." - Ghandi



estherau ( ) posted Wed, 18 January 2006 at 5:16 AM

Well daz had a product that had restrictions on the rendering, which was anne marie goddard digital clone, and hardly anyone bought her because of it, but at least it was clearly publicized that there were these restrictions on usage. Love esther

MY ONLINE COMIC IS NOW LIVE

I aim to update it about once a month.  Oh, and it's free!


SaSch-Style ( ) posted Wed, 18 January 2006 at 5:24 AM

Well, I think you are all right. The guidline from poser-corner says that commercial renders are allowed and the copyright of the renders are to the customer and tubes ARE renders :-) unfortunately the merchant doesnt talk to me before he wrote to bobette and as bobette today send me and bice the mail Im very surprised, because I dont know that feechen has send this mail to her. Bice has send a mail to bobette a few minutes ago and I will send a mail to all merchants to clear the situation for problems in the future


Acadia ( ) posted Wed, 18 January 2006 at 5:25 AM · edited Wed, 18 January 2006 at 5:31 AM

Quote - "The textures, please, as your property do not transmit and not as a download on your sides offer. The textures do not sell. Pictures with these textures have come into being may be freely used. I have nothing against it if pictures with my textures have come into being in as zb. Backgrounds, screen motives are used."

In my job I deal with people from all walks of life, including doctors, so I've gotten pretty good at figuring out broken English :)

From what I can gather from that readme, it states:

  • The textures, please, as your property do not transmit and not as a download on your sides offer.

Clearly asking that the files not be shared or offered for download anywhere.

  • The textures do not sell.

Self explanatory

  • Pictures with these textures have come into being may be freely used.

Any pictures you make with this package can be used freely. Now normally "freely" means "anyway you like, even commercially".

  • I have nothing against it if pictures with my textures have come into being in as zb.

I'm baffled by this one. Something about not having a problem with the creation of images using this package, but not sure what the "nothing against" refers to.

  • Backgrounds, screen motives are used.

Again, baffled by this one. Not sure if it applies to the content of the package, or something to do with the buyers usage.

Anyway, the readme clearly states "freely" and doesn't indicate any restrictions on commercial use. If that's what she meant, that's not what is stated, and if it's due to a language barrier that's easily overcome by asking someone who is more fluent in English to help create a readme that is better translated.

I so admire people who can speak more than one language, and I know it's hard for some people who come from countries where English isn't the primary language to learn and adapt to the rest of us. I know I'd be completely lost if I was tossed onto a site/community that was a language that I understood only a little of and had to try and communicate in their language. I know some Danish and I had tried to find out some information on a Danish website forum. OMG. Talk about rough. I posted in Danish and then in English and I apologized up and down for my poor Danish and hoped that if they couldn't understand my Danish post, that someone might be able to pick up what I was asking from the English translation. I couldn't imagine having to do that all of the time.

My hats go off to those who are from non English speaking countries who do their best to communicate to the rest of us in our language, which is reported to be THE most difficult language to learn.

Message edited on: 01/18/2006 05:31

"It is good to see ourselves as others see us. Try as we may, we are never
able to know ourselves fully as we are, especially the evil side of us.
This we can do only if we are not angry with our critics but will take in good
heart whatever they might have to say." - Ghandi



Acadia ( ) posted Wed, 18 January 2006 at 5:28 AM

ava_lon, it's nice to know that you and your partners are looking into this so quickly and getting it sorted out.

"It is good to see ourselves as others see us. Try as we may, we are never
able to know ourselves fully as we are, especially the evil side of us.
This we can do only if we are not angry with our critics but will take in good
heart whatever they might have to say." - Ghandi



SaSch-Style ( ) posted Wed, 18 January 2006 at 5:31 AM

acadia, we want to help our customers and I will do NEARLY everything to them lol. Many customers of the poser-corner can tell you ;)


Acadia ( ) posted Wed, 18 January 2006 at 5:40 AM

Attached Link: http://www.poser-corner.de/freebies/

> Quote - I have never seen poser corner but I will never buy anything there, in case the person who made the things suddenly decides they don't want me to use them except to look at on my own screen.

Poser Corner is a great site. I have only downloaded freebies there though as I do most of my buying from here, DAZ and RDNA, but I have gotten very many great textures from there, including a ton of Xmas gifts in December. I don't know ava_lon or Bice, but I have talked to them in PM and they both seem like wonderful people. Once I saw that ava_lon owned Poser Corner (which I didn't know until this thread), it comforted me because from my few communications with her, I came to the conclusion that she is a nice person and quite honest. It clearly seems a matter of miscommunication which they are working to clear up.

"It is good to see ourselves as others see us. Try as we may, we are never
able to know ourselves fully as we are, especially the evil side of us.
This we can do only if we are not angry with our critics but will take in good
heart whatever they might have to say." - Ghandi



novelist999 ( ) posted Wed, 18 January 2006 at 5:45 AM

Thanks, Ava Lon!

It is great that Poser-Corner is working to straighten this out. I will say that I've always received great customer service at your store. When I first started Poser, I was so confused. I couldn't figure out why V3s texture wouldn't take (I didn't have the Daz morph packs) and someone there took the time to help me. I don't know if it was you or Bice.

Still, it is very important for artists to know the usage limitations of the products they buy. The license needs to be clear and as consistent as possible across the board. I stay away from anything that doesn't allow commercial use. :-)


estherau ( ) posted Wed, 18 January 2006 at 5:48 AM

I don't normally go off like that but in this case it seems that a poor customer bought something in good faith, with a readme that although poorly worded, pretty clearly states that the person can use their renders commercially, and the website says that too, but now someone has made commercial renders and already sold some of them, and now gets told it's not okay, and that it's up to the person who created the product whether it would be okay or not. I say it's too late to change their minds about the product. Leave the buyer alone. I would feel differently I guess if they had supported the buyer and not said, "well it's up to the person who created the product to say what happens to it" you can't do that retrospectively, it's immoral and probably illegal. Love esther

MY ONLINE COMIC IS NOW LIVE

I aim to update it about once a month.  Oh, and it's free!


SaSch-Style ( ) posted Wed, 18 January 2006 at 5:52 AM

esther...I wrote it before.. the merchant dont tell me that she wrote to bobette and I dont leave my customers alone !!! They can come to me with every problem and I will try to clear this. The poser-corner is a little shop and takes care of its customers


estherau ( ) posted Wed, 18 January 2006 at 5:55 AM

Good, I just feel really sorry for the person who this happened too. I can imagine how I would feel if I made a beautiful picture and someone bought it, then I found I wasn't allowed to sell it. I will be eagerly waiting to see the outcome of this. Love esther

MY ONLINE COMIC IS NOW LIVE

I aim to update it about once a month.  Oh, and it's free!


SaSch-Style ( ) posted Wed, 18 January 2006 at 6:00 AM

well esther, I have send a mail to the merchant and make it clear. And at this moment I write a mail to all merchants of the poser-corner, if happens something like this in the future, they must talk to me, before they send a mail to the customers.


estherau ( ) posted Wed, 18 January 2006 at 6:05 AM

That's a good start. Love esther

MY ONLINE COMIC IS NOW LIVE

I aim to update it about once a month.  Oh, and it's free!


Bice ( ) posted Wed, 18 January 2006 at 6:21 AM

Hi all I think we find the solution as soon as possible. ava_lon is working on. ;o) I mean everything and everyone ought to get a fair crack of the whip - Poser-Corner too. A hunt to this little shop is really unfair. We even do our best to satisfy our costumer - like every shop! Until then I have written to Bobette with apologies and have offered her a "pipe of peace". :o) Best Bice


TrekkieGrrrl ( ) posted Wed, 18 January 2006 at 6:33 AM

I have nothing against it if pictures with my textures have come into being in as zb. Backgrounds, screen motives are used. Acadia, it's the zb. that throws you off balance here. It's actually fairly clear. zb. stands for zum beispiel, meaning "for instance" So basically feechen is saying it's ok to make backgrounds and screen motives (desktops/wallpapers?) with them. Hvordan og hvorn har du lt dansk? :o)

FREEBIES! | My Gallery | My Store | My FB | Tumblr |
You just can't put the words "Poserites" and "happy" in the same sentence - didn't you know that? LaurieA
  Using Poser since 2002. Currently at Version 11.1 - Win 10.



Phantast ( ) posted Wed, 18 January 2006 at 6:34 AM

As far as I am aware, there is no legal basis for anyone to demand a say in what you do with your renders, so long as you observe their copyright (i.e. the original product cannot be extracted) and trademarks. The so-called "licence agreements" that people talk about in readmes are not legal documents. Click-through licenses of the sort you see for commercial software MAY be legal. I find the "I don't make money out of this freebie so why should you" attitude to be near incomprehensible dog-in-the-mangerism, but it pays to keep sweet with people who contribute free stuff to the community. So it is polite to respect their wishes. But a vendor who thinks this way is clearly in the wrong line of business.


Gordon_S ( ) posted Wed, 18 January 2006 at 8:08 AM

Check out THIS license agreement: http://www.vistainternetproducts.com/agrelyn.htm I got Lyne to clarify it in writing for me before I'd buy anything from her site. The "other situations" referred to might be making, and selling wooden duck decoys using her 3D data, and textures. The restrictions DON'T apply to renders at all. Still, this may be a case of letting your lawyer get overly enthusiastic, and confusing everyone. Just to ease my concerns, she sent me her specific permission for 2d uses, and modified the explanation on her site a bit.


mickmca ( ) posted Wed, 18 January 2006 at 8:34 AM

The Goddard clone, for those of you who weren't around then, had some special restrictions because it was based on a real person, and she agreed to pose for the clone on the condition that the product's use would not embarrass, humiliate, or defame her. A reasonable enough request; imagine someone using your image to create degrading pornographic pictures -- a subculture of photo morphing, by the way. Unfortunately, the license is essentially a recipe for non-use. Does being shown eating Wheaties embarrass you? Is being posed in front of a HumVee in a bikini (what, you didn't know they make bikinis for HumVees?) humiliating? Does a picture of you shaking hands with Dick Cheney defame you? Guess who gets to decide? So people did not buy it in droves. It was another attempt to find a way to "make money off this poo-poo." There's big money in celebrity clones. How many testosterone-addled teens of all ages would pay $40 for a JLo they could do, well anything! to? So DAZ tried to come up with a way to pander to that market, by putting all the legal risk in the buyer's lap. Unfortunately, the TATs weren't interested in Anne Marie Goodard, JLo wasn't interested in DAZ, and the rest of us were not as stupid as one might think. M


Acadia ( ) posted Wed, 18 January 2006 at 8:39 AM

Quote - A hunt to this little shop is really unfair. We even do our best to satisfy our costumer - like every shop!

No one is out to destroy your shop :). I don't think that was the intention of this thread. The original poster was just seeking information about what the usual practice is for bought products and licensing agreements. Yes, perhaps it could have been handled behind the scenes and an email sent to the store Admins instead of posting here, but these boards are often used to find out information before taking further steps. Right or wrong, that's just how it is. I had an incident with a product/merchant from another site where I was left frustrated and kind of upset. I wasn't sure if it was me who misinterpreted things, or if I was mislead by the merchant. I posted here to explain what happened and ask if others would feel the same way if it happened to them. After I got some opinions I planned to contact the store admins. But I didn't want to do so if it was me who misinterpreted things. I didn't want to cause problems for the store or the merchant. I didn't intend to reveal the stores name, but eventually it became aparent that I had to if I wanted to thoroughly explain how I felt I was deceived. I think that was the intention here...to gather opinions and some insight on what is "usual" with bought products, before they contacted you. We tend to be a sensitive bunch, especially in the wee hours of the morning, and sometimes our replies can be overzealous, and I include myself in that catagory sometimes too. We all see that you are taking steps to deal with the situation, and I know I for one am confident that it will all work out and it will be business as usual :)

"It is good to see ourselves as others see us. Try as we may, we are never
able to know ourselves fully as we are, especially the evil side of us.
This we can do only if we are not angry with our critics but will take in good
heart whatever they might have to say." - Ghandi



Acadia ( ) posted Wed, 18 January 2006 at 8:43 AM · edited Wed, 18 January 2006 at 8:44 AM

Quote - Does being shown eating Wheaties embarrass you?

Well, geez! Doesn't it embarass you?! I wouldn't be caught eating anything but "Special K Red Berries" :)

Ok, I lie..."Captain Crunch", but that's it.

breaks down crying
Alright! Alright! "Fruit Loops" too!!!!!!

LOL

Message edited on: 01/18/2006 08:44

"It is good to see ourselves as others see us. Try as we may, we are never
able to know ourselves fully as we are, especially the evil side of us.
This we can do only if we are not angry with our critics but will take in good
heart whatever they might have to say." - Ghandi



randym77 ( ) posted Wed, 18 January 2006 at 8:57 AM

I wonder if "used freely" was supposed to mean "used to make free stuff."

So he meant you can use the textures to make freebies, but not for commercial items.

"Freely" is a word that is often confusing for non-English speakers. It doesn't mean "for free," though it seems like it should. :)


wheatpenny ( ) posted Wed, 18 January 2006 at 9:03 AM · edited Wed, 18 January 2006 at 9:05 AM
Site Admin

*I have nothing against it if pictures with my textures have come into being in as zb [Backgrounds, screen motives are used."].

I'm baffled by this one. Something about not having a problem with the creation of images using this package, but not sure what the "nothing against" refers to.*<<

They're saying that there is no usage restrictions on backgrounds, desktop wallpaper, etc . "zb" is a German abbreviation for "zum Beispiel" ("for example")

edited for typos

Message edited on: 01/18/2006 09:05




Jeff

Renderosity Senior Moderator

Hablo español

Ich spreche Deutsch

Je parle français

Mi parolas Esperanton. Ĉu vi?





Acadia ( ) posted Wed, 18 January 2006 at 9:09 AM

Ahhh, ok. I'm not German and other than being able to bless a sneeze in German, I am clueless, hehe

"It is good to see ourselves as others see us. Try as we may, we are never
able to know ourselves fully as we are, especially the evil side of us.
This we can do only if we are not angry with our critics but will take in good
heart whatever they might have to say." - Ghandi



profotograf ( ) posted Wed, 18 January 2006 at 9:31 AM

I love this thread. As an american who teaches english to germans, I have a good grip of what is going on here. There is not only a language barrier issue at work, but a cultural one too. I think the biggest issue here is that a merchant has a set of terms (Allgemeingeschaeftsbedingungen (AGBs)) which isn't understandable in German let alone in English. So confusion galore there. 2nd, it seems that in every part of this thread its clear that a render made from textures purchased, or products purchased and paid for from a store or vendor -- wherever the country -- can be used for renders be they private or commercial. As long as the customer who bought said product isn't selling the original product directly or giving the viewers of the image(s) a way of stealing the purchased product. So as far as I can see from both sides, if the customer buying the product isn't allowed to use it for anything other than personal renders which cannot be shown to anyone -- then I would immediately return the product and demand a refund. As you are buying nothing which you are allowed to use. So why buy it? I spent weeks teaching a German national (who also is a vendor in the Poser community) to finally speak like an American/British Person and properly phrase things in a more relaxed way. This is not how Germans learn English - nor how they speak in real life. Thats what I meant by cultural differences. Most Germans have no command of two very very required tenses in the English language: without these they appear very very arrogant and absolute sometimes. Depending on the level of education and what nationality their English teacher had -- their practical English could be harsh. Therefore making it almost impossible to say what they really want to convey. So if you deal with Germans in the future and want to figure out a few things keep this in mind: 1) Present Simple (everything with Yes I do, No I don't) is the same to them as: 2) Present Continuous/Progressive (using to Be with ING) this is handled in Germany by using Present Simple and adding the words "at the moment" or "now" or "right now". Saying "I am paying for my dinner" is: "I pay for my dinner now" for a German. 3) Present Perfect instead of Present Simple: Germans don't know what Present Perfect is really used for, let alone that feelings are also associated with it. Americans love to say things in Present Perfect, "I have bought a new texture" -- it states that they have bought more than one in the past (maybe) and will most likely buy more in the future. Germans are always finite -- they don't understand the concept above, so their answer is: "I bought a texture." period. so toss away "present perfect and past perfect" and expect a past simple answer almost always, even thought thats not what they mean. So you can see, how an AGB (Terms & Conditions) could really be unreadable to a native speaker once translated from German to English. Hope you enjoyed the little lesson -- maybe it will help you someday when you read another German's writing. Greetings, Antonio (Yes, I live in Germany, speak German and English, and am a certified English Teacher in Germany) smile

Greetings from Germany
ProFotograf

My PoserAddicts


randym77 ( ) posted Wed, 18 January 2006 at 9:39 AM

So...what do you think the merchant meant? Is it possible he's not a native speaker of German, either?


Smoovie ( ) posted Wed, 18 January 2006 at 10:24 AM

I'm glad you posted this thread here. If the attacks on the store seem kinda harsh. It's because the store has a policy, and they just threw their customer under the bus. I'm glad it was put out right in front of the Poser world. Because we might not find out about this, until it happens to us. This helps us buyers(who work hard for our money) all make an informed choice, about who we can and cannot do business with. Thanks,Bobette!!


Jules53757 ( ) posted Wed, 18 January 2006 at 10:32 AM · edited Wed, 18 January 2006 at 10:33 AM

@ profotograph

Big smile

It isn't that simple as you stated above but some of your statements are, for sure, not true, e.g "I bought a texture" means what it says, I bought a texture and it is not specified what kind of texture new old whatever you want, while "I have bought a new texture" a similar statement is as it is in English. "I am paying for my dinner" states that I pay myself.

It looks like the AGB's were a translated with Google from English to German and then translated back ;)

Message edited on: 01/18/2006 10:33


Ulli


"Never argue with an idiot. They drag you down to their level and beat you with experience!"


Angelouscuitry ( ) posted Wed, 18 January 2006 at 11:16 AM

Thier TOS is what it is, especially with what thier arguing over being a poorly written German Indian Give. I wouldn't stop using the work i did. I would think twice about using more of her stuff... I definately won't shop at Poser Corner, let us know what they're trying to say about theit TOS


geoegress ( ) posted Wed, 18 January 2006 at 12:01 PM

If a TOS is required to become a merchant at Poser Corner- then it is up to the merchant to understand and comply. Poser Corner's rules trump any restrictions made by the creator.


LostinSpaceman ( ) posted Wed, 18 January 2006 at 2:17 PM

Well I for one am glad this thread is here! Thanks for the link to their freebies TG! They had exactly the little Fairy Mushroom House I've been wanting for ages and it was FREE! Whoopie!!!


Jules53757 ( ) posted Wed, 18 January 2006 at 4:17 PM

Well, there are cases, e.g. the Zygote woman, where it is stated in the terms that you are not alowed to use her in renders that show her in sexual actions. ;) These are conditions you know before you download an item (she is free) but, buying a car and you can't use it as a business car, what in hell is this? Who would buy a car from that company?????


Ulli


"Never argue with an idiot. They drag you down to their level and beat you with experience!"


Tucan-Tiki ( ) posted Wed, 18 January 2006 at 4:34 PM

She had no right to contact you that way and jump in your face, She could have sent you a reminder of her terms for the product once she learned how to translate German to English.


Puntomaus ( ) posted Wed, 18 January 2006 at 7:28 PM

Mizrael, the FaerieMushroom house was created by Mada and was offered first at FaerieWylde nearly 3 years ago as an add on to Mada's ElfMagic available at DAz ;-)

Every organisation rests upon a mountain of secrets ~ Julian Assange


novelist999 ( ) posted Thu, 19 January 2006 at 12:06 PM

Thanks for your input, everyone. Anyway, here's the latest proposal from Bice at Poser-Corner:

"I will pay you the money back, do you paid for this kiki pack AND all of your customers, who bought your tubes can use the things further and you are allowed to sell this package further. But please do not use this indian package again in the future...The guidlines in the poser-corner will be updated and in the future everyone can see the readme in the shop-discription."

Hmmmmmm. Sounds good except that I actually don't want a refund, because I'm worried that it could negate my legal right to use the material I've already created with this product. Do you agree? That would not be good as I've invested a lot of time in creating templates, etc. from my renders. At any rate, after all of this, I doubt that I'll want to create renders from it again in the future.

But I wanted to know what the rest of you think about this.

Thanks,

Bobette Bryan


SaSch-Style ( ) posted Thu, 19 January 2006 at 12:22 PM · edited Thu, 19 January 2006 at 12:25 PM

not bice Bobette I have send you the mail. You can use the package further and sell them. Thats all I can do for you in the moment, because the merchant is in the hospital and I can not speak to her. All of her products are out of the shop in the moment and the guidlines will be updated like this:

This license only applies to items purchased through Poser-Corner, not to any items offered as freebies. It is the Buyers responsibility to read and understand this license. If you are unsure about anything, please send an email to store@poser-corner.de. The Seller retains all copyrights to the enclosed materials. The Buyer is not purchasing the contents, only the right to use the contents. The Buyer may not redistribute this archive file, inwhole or in part. The Buyer may not store it any place on a network or on the Internet where it may be referenced by a third party. Buyer acquires the copyright to any derivative works created using this work, provided none of the original materials can be extracted from the derivative work by any means. changed on January 19, 2006 The following is allowed: The purchaser is allowed full usage of the purchased product and is allowed to use said product for their own works in which no part of the original material from said product cannot be extracted from the works created. The manufacturer/copyright holder has the last say in this matter. The final word of the manufacturer/copyright holder can befound in the Product's included README file. The customer should make it a point to thoroughly read the README file contained in the shop's Product Description for their own peace of mind. If no concrete rules for usage are contained in the README, then the Poser-Corner rules apply.

In the next days I will update every item in the poser-corner and everyone can see the readme for the product.

The merchant in this case did not act with my agreement

Message edited on: 01/19/2006 12:25


Kendra ( ) posted Thu, 19 January 2006 at 12:38 PM

"I`m the owner of poser-corner and all of you are right. 2D-Render can used commercial. I agree with you, but feechen, the merchant has the rights to say no."

and

"The final word of the manufacturer/copyright holder can befound in the Product's included README file.
The customer should make it a point to thoroughly read the README file contained in the shop's Product Description for
their own peace of mind. If no concrete rules for usage are contained in the README, then the Poser-Corner rules apply."

You state the site has a TOS allowing commercial renders but claim the merchant has the right to trump that? Considering that the readme's are translated and could be confused in the future, you need to take a stand one way or the other.

Do you allow your merchants to trump the TOS of the site or do you not? In my opinion you need to make a stand publicly at this point, simply stating that you've spoken to the merchant and what you've posted above doesn't make this clear enough. As a store you have a responsibility to your customers and potential customers and 99% of those customers won't make a purchase where the merchant wants to control their 2D render of a texture. Such a thing is ridiculous. I don't even have that restriction on my freebies.

...... Kendra


SaSch-Style ( ) posted Thu, 19 January 2006 at 12:58 PM

I`m the broker for the merchants products, not the copyright-holder of them. I can make guidlines but the last says the merchant and in this case I can not speak to her I said that before. In the future every customer can see the readme to every product and its a decision of its own to buy this product or not. I will discuss and clarify that gladly with Bobette via email, but not here, with people, which do not even know the Poser Corner or are familiar with the German laws.


novelist999 ( ) posted Thu, 19 January 2006 at 1:00 PM · edited Thu, 19 January 2006 at 1:03 PM

Ava Lon,

Sorry for quoting the wrong person. It was indeed "Sabine Schnelting," who sent me the email. I didn't know that you were Sabine.

Anyway, your new terms of use would keep me away from your site, because it contradicts itself. In one part it says the buyer has "full usage" of the materials and in another, it says that the copyright holder has final say. If I owned a store like yours, (in order to protect myself and the buyer) I would insist that my merchants comply with my site's licensing terms. If they refused, I wouldn't let them sell their wares on my site. Just a suggestion. It is that way on Renderosity.

Also, you should have someone who knows German and English well check your license for accuracy. In this part: "no part of the original material from said product cannot be extracted," you should have "can" instead of "cannot." :-)

Thanks,

Bobette Bryan

Message edited on: 01/19/2006 13:02


Angelouscuitry ( ) posted Thu, 19 January 2006 at 1:04 PM

I concure, having that extenuous a TOS with such a clause at the end is redundant. Could we see some links to examples of what we're talking about?


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