TrekkieGrrrl opened this issue on Oct 02, 2009 · 40 posts
momodot posted Fri, 02 October 2009 at 4:41 PM
I feel that it is entirely possible to discuss the figure without any speculation whatsoever.
As I understand it the word speculation it would apply to a statement concerning how RDNA is handling the matter in the absence of firsthand knowledge (E.G. "They probably haven't said anything because they haven't decided what they're going to do yet.") while reportage or criticism are words that would apply to the analysis of the product as released. That would concern factual information to do with material on the hard drive of the person making comments or observations as opposed to speculation however well intentioned as to how the matter is being handled by RDNA.
A discussion of the product has nothing to do with anything happening at RDNA since the product left RDNA the first time it was downloaded. Once the material is "published" it enters the real public world and ceases to be private. If it was intended that this figure should be kept private it would have been better not to sell it or otherwise distribute it to the public in my opinion. Statements of fact and opinions concerning a product are patently excluded from interpretation as liable whereas as a miss-statement of fact ("RDNA is/isn't dealing with this.") is in fact actionable as liable but then only if intentional as I understand it.
Once you sell something publicly it is no longer a purely a private matter in so far as those aspects of the product that are now public, there is absolutely no legally relevant aspect to the discussion of those publicly revealed features in my opinion since I am aware of no non-disclosure clauses in the store license prohibiting people from discussing the mesh or showing wire frame renders of it, even of discussing its technical features or its historic relevance. Public discussion and analysis of features made public such as the mesh and cr2 are de facto matters of public interest. People have freely discussed the functionality and sculptural form of figures such as those sold by DAZ for as long as I have been here.
Saying RDNA is handling it in a fair and responsible manner is literally speculation no matter how true it might be unless you have direct knowledge to that effect... a technical discussion of the publicly released data on the other hand is factual and not speculative.
...this is all just my opinion.