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Poser - OFFICIAL F.A.Q (Last Updated: 2024 Nov 24 4:22 pm)



Subject: One for the IP Department


spacedragon1234 ( ) posted Mon, 08 January 2007 at 6:33 AM · edited Sun, 24 November 2024 at 6:49 PM

Betting how long this will stay up before it gets withdrawn for legal reasons :-)

http://www.renderosity.com/mod/bcs/index.php?ViewProduct=52610&vendor=saschild


Lucifer_The_Dark ( ) posted Mon, 08 January 2007 at 6:56 AM

Can't see why it should, it's just an anonymous looking apc, apart from the implied link to a certain film or two.

Windows 7 64Bit
Poser Pro 2010 SR1


spacedragon1234 ( ) posted Mon, 08 January 2007 at 9:52 AM · edited Mon, 08 January 2007 at 10:00 AM

Lucifer, you know it looks IDENTICAL to the film one, right? As in absolutely 100% "i challenge you to spot a difference" identical. Well OK, Some really minor ones probably due to imperfections in the modelling rather than intent.

As for being anonymous, definately not. Its instantly recongnisable as being perhaps one of the only wheeled combat vehicles with next to zero gound clearance. (The old "oh dear, 5th squad's APC is stuck on a speed bump / curb / debris in road again")

I would hyperlink but just google image search for "aliens apc"


Lucifer_The_Dark ( ) posted Mon, 08 January 2007 at 10:34 AM

Hmmmmmm I'll take back what I posted earlier, now I've had a chance to compare them.

Windows 7 64Bit
Poser Pro 2010 SR1


ClintH ( ) posted Mon, 08 January 2007 at 11:14 AM

Thanks for the info. I've already been alerted to this one and will be reviewing it this week.

Clint Hawkins
MarketPlace Manager/Copyright Agent



All my life I've been over the top ... I don't know what I'm doing ... All I know is I don't wana stop!
(Zakk Wylde (2007))



mrsparky ( ) posted Mon, 08 January 2007 at 11:26 AM

file_364863.jpg

That product isn't an APC it's a skateboard for my cat :)  

Pinky - you left the lens cap of your mind on again.



spacedragon1234 ( ) posted Mon, 08 January 2007 at 2:29 PM

How do I contact renderosity store to get this product taken down?

It's blatant theft of someone else's work. Already notified the IP Holder.


StaceyG ( ) posted Mon, 08 January 2007 at 2:34 PM

Spacedragon1234

If you will check the post that is a few up from this one made by ClintH, the Marketplace Manager, he said that he is looking into it.  He is the person from the store that handles these issues and he is on it.

Thanks


billy423uk ( ) posted Mon, 08 January 2007 at 5:04 PM

in another thread i saw a site get blasted for saying i'll do it on friday. here we have a site saying i'll get to it this week. doesn't seem much difference really does there lol

billy


KarenJ ( ) posted Mon, 08 January 2007 at 6:42 PM

Billy, when the enquiry is sent by someone other than the copyright holder, it makes for a more complicated investigation.

Especially in this case since we're talking about a 3d version of something intangible as compared to the one you're referencing which was blatant theft of someone's mesh.


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


ClintH ( ) posted Mon, 08 January 2007 at 7:47 PM

Its been reviewed and will stay in the MarketPlace.
There are enough differances - they are not identical. 

The vendor is also not playing off the movie in anyway with their promotional wording.

I'm the copyright agent at Renderosity.
Any copyright/IP issues can be sent to copyrights@renderosity.com

Thank you.

Clint Hawkins
MarketPlace Manager/Copyright Agent



All my life I've been over the top ... I don't know what I'm doing ... All I know is I don't wana stop!
(Zakk Wylde (2007))



billy423uk ( ) posted Mon, 08 January 2007 at 7:52 PM

well i have to say the descision was made pretty quick clint. seems your more fastidious than the other guy i mentioned. my apologise.

karen i wasn't questioning the intangabilty of it but the response time offered to look at it.

billy


pakled ( ) posted Mon, 08 January 2007 at 8:44 PM

what does this have to do with Internet Protocol?..;)

I wish I'd said that.. The Staircase Wit

anahl nathrak uth vas betude doth yel dyenvey..;)


Miss Nancy ( ) posted Mon, 08 January 2007 at 9:31 PM

the way I understand the law, the service provider isn't required to do anything unless the actual copyright holder makes the complaint. for example, if I say there's some violation on somebody's site, but I don't own the copyright, they can legally ignore my complaint without any liability. (I ain't a lawyer)



DarkEdge ( ) posted Mon, 08 January 2007 at 9:44 PM

Quote - (I ain't a lawyer)

 

no, you're not. you are a clown with a flower growing out of his head.
stay in your lane. lol! 
:biggrin:

Comitted to excellence through art.


ThrommArcadia ( ) posted Mon, 08 January 2007 at 11:06 PM

Well, this just goes to "Buyer beware."

If I buy this product with its "differences" and put it in a film, I will be facing a law suit from 20th Century Fox, I am certain.

I am not saying Renderosity should pull the product, I am just saying Buyer Beware.  In some way we all must do our own research to protect ourselves from "accidentally" commiting copyright infringement.

What I would like to see in cases like this is a statement in the readme file saying that the mesh was "inspired by" the original.

This would alert those who use these things for commercial reasons and would also be more honest on the part of the vendor.

But, I guess this could open a whole new can of worms.

"V4's newest dress was inspired by the fashions of so and so..."

Clothing gets difficult, doesn't it?


Ardiva ( ) posted Tue, 09 January 2007 at 9:46 PM

 Since SpaceDragon has alot of free time on his hands, he's been going around to all the Poser stores and making some ridiculous accusations on vendors.
Pity



EllPro ( ) posted Tue, 09 January 2007 at 11:35 PM

file_365000.jpg

Can you name this creature:


Elfwine ( ) posted Wed, 10 January 2007 at 12:04 AM

Nancy Pelosi?

 Don't sweat the petty things, and don't pet the sweaty things!  ; )


dphoadley ( ) posted Wed, 10 January 2007 at 12:08 AM
billy423uk ( ) posted Wed, 10 January 2007 at 1:38 AM

is it alan alder

billy


ThrommArcadia ( ) posted Wed, 10 January 2007 at 2:25 AM

@ EllPro - Yeah, a little too close for comfort.  One of my favorite characters, but , well... :m_shhh:


Natolii ( ) posted Wed, 10 January 2007 at 6:16 AM

Attached Link: http://poserpros.daz3d.com/forums/viewtopic.php?t=57778

Just a Note:

Spacedragon got ripped into when he posted this on Poser Pros. Guarie himself went through the two Products on the Polygon Level and they are vastly different.

This member is on a campaign and does not understand that these are two different creatures on the most basic level.


Tilandra ( ) posted Wed, 10 January 2007 at 8:07 AM

Swinging it back to the vehicle topic...

If there is a real-world equivalent, then there is no IP theft, is there?  Is there a real-world equivalent to this vehicle?

I mean, if I sell a model of a Sherman tank, New Line pictures can't sue me for recreating a vehicle that appears in "Saving Private Ryan" because they didn't make it up in the first place.

(And technically this discussion belongs in another forum...)


Natolii ( ) posted Wed, 10 January 2007 at 8:52 AM

Attached Link: http://en.wikipedia.org/wiki/Armoured_personnel_carrier

Not this design specifically, but the APC or Armored Personal Carrier is in use by the US Military.

This one is close to the LAV 25 in use by the US Marine Corp.

US Marine Corp LAV-25 APC


Khai ( ) posted Wed, 10 January 2007 at 9:20 AM · edited Wed, 10 January 2007 at 9:24 AM

the M-577 APC (not to be confused with the Real Military Vehicle  of the same designation) was designed by Ron Cobb for Aliens.

The Vehicle was built on a Aircraft tug and is not capable of carrying passengers - (the interior was a seperate set)

Other than the mockup, there is no real vehicle of this design in production.

the Pulse Rifle (M-41A) is a Thompson SMG with a Remington Shotgun mounted underneath then encased in a custom shell with mock electronics. There is no real weapon in production.
Designed by James Cameron.

the M56 Smart Gun was built upon a MG42 Machine Gun and mounted on a Steady Cam mount. There is no real weapon in production.

Most of the Weapons and all the vehicles were designed by Ron Cobb, Syyd Mead and James Cameron  for the movie.

(All information sourced from : Colonial Marines Handbook, Aliens Roleplayin Game, Wikipedia, Science Fiction Modeler (Series of Articles 'how to design a spaceship'))


mrsparky ( ) posted Wed, 10 January 2007 at 9:31 AM

The Aliens APC is NOT real. APC's like shown in the photo above are.  The design under debate here is purely fictional. 

You have more chance of seeing a Fairy at the end of your garden, then of seeing the army using a 'real' Aliens APC :) 

The vehicle used in the film is an aircraft tug covered in Plywood. The construction of  which is be documented on many sites such as...

http://www.alienscollection.com/props.html

or here...

http://us.imdb.com/title/tt0090605/trivia

So yes. it's fair of spacedragon to raise the issue on this model. If you used this commerically, even without knowing the design is someone elses, you could be in trouble.  

As for the 'other' debate - if something looks bad don't buy it, complaining about it doesn't make you any friends.

Pinky - you left the lens cap of your mind on again.



Khai ( ) posted Wed, 10 January 2007 at 9:32 AM

Cross post.. Sparky? you owe me a beer ;)


mrsparky ( ) posted Wed, 10 January 2007 at 9:36 AM

Xpost with you there Khai. :)

Have you got the magazine "Sci-Fi and Fantasy FX " #48 ? 
That was a whole issue devoted to how aliens  was made. 
sadly the mag is defunct now - so not sure if it would legal to post pictures from it.

Pinky - you left the lens cap of your mind on again.



mrsparky ( ) posted Wed, 10 January 2007 at 9:38 AM

Sure thing  khai.  Lager, Bud or something harder :)

Pinky - you left the lens cap of your mind on again.



Khai ( ) posted Wed, 10 January 2007 at 9:44 AM

Attached Link: http://www.scififantasymodeller.co.uk/nextissue.php

I have that one in storage in the UK I think..

and the mag ain't that defunct ;) see the link.....


mrsparky ( ) posted Wed, 10 January 2007 at 1:44 PM

Thanks for that Khai.

Going back to the subject of folks selling fan art stuff while looking for some freebies eariler.
I found another one nice scam. The "download fee"...

http://xcalpro.com/tng/download.php?view.15 
1/2 way down the page... 
NOTE: THIS DOWNLOAD REQUIRES A $8 FEE.

Pinky - you left the lens cap of your mind on again.



EllPro ( ) posted Wed, 10 January 2007 at 4:52 PM

If anyone wants to know my FULL take on all this, they can read it in my forums at ellpro.com - careful, I don't hold back (they're my forums - I have that right). ;)


Thom1965 ( ) posted Wed, 10 January 2007 at 5:02 PM

I just love how spacedragon rushes into a site's forums, posts this kind of inflamitory stuff and then runs off never to be seen again ... until he/she finds something else to raise a fuss about.


EllPro ( ) posted Wed, 10 January 2007 at 7:32 PM

You know, my 6-year-old acts about the same way toward my 10-year-old.


billy423uk ( ) posted Wed, 10 January 2007 at 9:12 PM

Quote - If anyone wants to know my FULL take on all this, they can read it in my forums at ellpro.com - careful, I don't hold back (they're my forums - I have that right). ;)

 

no i don't and yes you do. nice way of touting for members lmao, you really know how to whet a persons appettite. as for 6 yr olds you certainly proved a point hehe

i agree with you spanki.

billy


EllPro ( ) posted Wed, 10 January 2007 at 9:25 PM

So I'm a devious bugger - I do what I can. ;)


Stepdad ( ) posted Wed, 10 January 2007 at 10:30 PM

Well, considering that the movie this came from was made in 1986, and the final "sequel" was made in 1997 I seriously doubt 20th century fox is going to get themselves in a major twist over something like this, it would hardly be worth their time to sue anyone over.

If the Aliens franchise still made huge money in merchandising (such as the Star Wars or Star Trek stuff still does) then I can see them maybe getting a bit miffed, but lets be honest, not a whole lot of people would line up outside a Toy's R' Us to get the latest "Ripley" action figure if they came out with one tommorow.  

Put a new Star Wars toy on sale and you'll be hip deep in geeks dressed like Jedi's before you can snap your fingers, but this just isn't the sort of public reaction you'd get if you'd try to market a new "Corporal Hicks" halloween costume.

So while 20th Century Fox does hold the copyright on the film and said copyright doesn't technically expire until 2081, I can't imagine that they are going to get too upset over something like this, assuming they even notice in the first place.

Now, would I personally buy this item for use in work I wanted to resell?  Probably not, even though 20th Century Fox is unlikely to get too hacked off about it I still wouldn't use something like this in a commercial project, but I could see buying it for personal use.  


ThrommArcadia ( ) posted Thu, 11 January 2007 at 2:25 AM

The only problem, and this is all I'm saying, is that not every person knows what an APC from Aliens looks like!  I saw the movie when it was in theatres in '86 and I have not seen it since.

Highly unlikely that I would end up purchasing the mesh, but if this is the tip of the iceberg, I can still see someone who uses what they purchase commercially getting into trouble eventually for something like this.

The fine people here at Renderosity and fine people elsewhere have decided to let things liek this stand, and I am not going to question that decision any further.  I can see their reasoning and that is good enough.

I still appreciate forum posts like this, though as they raise my awareness and can potentially save me future legal troubles.

This lead me to look at sites with Aliens props (real ones from the movie) and from that I have learnt that I have already used a gun that looked like one of their's in a commercial product.  The gun was acquired through Daz and the project was small, but if I had known ahead of time the similiarities, I would have used something else.

Again, it is a "buyer beware".


Lucifer_The_Dark ( ) posted Thu, 11 January 2007 at 7:19 AM

I'm a twit, I have to admit that when I looked at the model & photos of the original they do look a lot alike so I fed the troll.

I apologise unreservedly to saschild for my part in this witch hunt & retract any statements I made in support of removing the model in question from sale.

Windows 7 64Bit
Poser Pro 2010 SR1


billy423uk ( ) posted Thu, 11 January 2007 at 6:15 PM

not sure but i don't think trade mark works on mesh design. i think it works on the finished product from a visual aspect. if the apc is trade marked then an apc that looks  the same can be an infingement. shoot me down if i'm wrong. i think this is what spanki was saying as well. if thats the case the original poster is within his rights to bring it up without being slammed

billy


Thom1965 ( ) posted Thu, 11 January 2007 at 9:13 PM

As has been pointed out several times, people in the position to examine the model and compare it to the Aliens vehicle have been satisfied that it is different enough to not infringe.

The problem with the OP, and why he gets slammed, is that he (or she) runs through forums and screams about violations without knowing what's going on. He hits numerous sites with his unsupported accusations and then runs off ... you'll notice he hasn't been around in a while ... until the next time. This is not the first and will not be the last time that the OP set himself up as the IP Police.

He does this each time instead of contacting the brokering site with his suspicions. I suspect that it's not about the IP for him, it's just a stupid cry for attention. Sadly he doesn't seem to get it that when he pulls something like this he doesn't come out of it the hero but more like the butt of a joke.


pjz99 ( ) posted Thu, 11 January 2007 at 9:41 PM

Yes, well, that's called trolling.
http://catb.org/jargon/html/Y/YHBT.html

My Freebies


Khai ( ) posted Thu, 11 January 2007 at 10:03 PM

"As has been pointed out several times, people in the position to examine the model and compare it to the Aliens vehicle have been satisfied that it is different enough to not infringe."

that makes me laugh each time I read it... they compared the 3D model to the Movie mockup? ;) where!!! I wanna get photos of that baby....


Thom1965 ( ) posted Fri, 12 January 2007 at 10:47 AM

Quote - "As has been pointed out several times, people in the position to examine the model and compare it to the Aliens vehicle have been satisfied that it is different enough to not infringe."

that makes me laugh each time I read it... they compared the 3D model to the Movie mockup? ;) where!!! I wanna get photos of that baby....

 

Things like that make me want to roll my eyes every time I see them. Perhaps PT Barnum would have been just as correct to say that "There's a synic born every minute."

There are numerous photo references available for the Aliens APC (which you can have for a mere $12.99 + free super saver shipping at Amazon.com) with which to compare any particular 3D APC model.


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