Forum: Poser - OFFICIAL


Subject: Clarification of Recent Confusion

chadly opened this issue on Jun 29, 2002 ยท 215 posts


Ironbear posted Sun, 30 June 2002 at 3:22 PM

waves up the thread Here you go, LSM. Popcorn, beer or something stronger? eyes her criticially And one bottle of industrial strength Tylenol for a chaser, on the house. ;] Ko... ", but then they go on to state you can't make your own mesh and wrap it round the figure, which really defeats the purpose of owning the figures or phil's CD totally." They may be able to state that, and they can state it all they wish. I just now got back, and I haven't checked to see if they've added any new statements while I was asleep... on their previous release, they didn't quite state that. Irrelevant. They can state whatever they wish. Some of those statements won't be enforceable. What they ARE counting on is that no one will want to challenge them on it and risk a court fight - a court fight that Daz won't care for on a non-enforceable policy. Eula Revisions: A EULA is a contract. You are bound by agreement to the EULA you SIGNED AT THE TIME OF PURCHASE, and to the policies that were in force at that time of purchase on the item you purchased. And if those policies are not stated in the EULA you agreed to, you are NOT signatory to it. THAT is contract law. Do some research, jeeze. Changing a eula or any other contract and then notifying previous purchasers they're bound to an agreement they were not signatory doesn't work. It would be like me contracting to do a freelance job for you for $1500, and then six months later revising MY copy of the contract and informing you that you now owe me $2500 additional. A judge would laugh me out of court. And maybe slap a contempt charge on me if I refused to accept his judgement on it. You are bound by the contract that was in force at the time of purchase that you accepted. And under current practice, acceptance of a EULA is equivalent to being signatory to that EULA, and that EULA only. [As a side note, the entire concept of EULA's in general as being a binding contract if you cannot read them before agreement is under some legal fire.] If ANY company tries to tell you otherwise, you are in your legal rights to acquire a lawyer and challenge them on it. And probably to bring suit for unfair trade practices, depending on the laws of your state and the pertinent federal statutes. "Certain high quality places heavily restrict who can market what where, it is how they stay high quality and keep their edge." No, that's market protectionism. Just as your Merchant's Guild was ill disguised market protectionism. That's why it blew up in your face. This is the same thing with a different bow and ribbon. And sorry - Daz isn't the be all and end all of quality kiddo. I've pruchased Daz items, I've had Daz items purchased for me as gifts, and I've downlaoded every weekly freebie they've ever put out. On their own inhouse items, they are a median end constructor of poser items. They hold their brokered artists to higher standards than they do their inhouse products. I've purchased as good or better quality items at RDNA, Renderosity, and the 3Dc, and I've downloaded better items from Freebies. Kozaburo makes better hair for free than a lot of brokered stuff. The "higher standard of quality" crap is arrogant bullshit. Maybe three years ago, when the state of the art wasn't where it is now - but not today. What Daz offers to merchants is fucking PRESTIGE, pure and simple. It offers the "I sell at Daz, aren't I cool!" label. ;] "Sounds like you have become nothing but a spokeperson for DAZ." Becoming, Kattman? Heh - where ya been the past three years? grin Now. I truly fucking detest seeing some of this blow up. Chad Smith is one of the nicest men I've ever corresponded with. He's never been anything but polite to me. But I hope he'll understand if I'm not able to let some of the arrant nonsense running rampant here slide, even if he finds my points of view offensive. Then again, I have the feeling that the guy I've corresponded with might just find the rampant Daz worship as incomprehensible as some of the rest of us do - if he's running a business, I hop that he at least has a realistic appraisal of their companies products and their relative merits. Decent goods at relatively decent prices, yes. Shining examples of the epitomy of poser quality? Heh.

"I am a good person now and it feels... well, pretty much the same as I felt before (except that the headaches have gone away now that I'm not wearing control top pantyhose on my head anymore)"