chadly opened this issue on Jun 29, 2002 ยท 215 posts
ronstuff posted Sun, 30 June 2002 at 4:21 PM
OK, I'm back after a little sleep ;) Some people have accused me of fanning the flames, but I only do it to clear the SMOKE which is obscuring the real issues. My intent is not malicious and I regret that some have taken it that way. I do however, wish to separate the speculation and conjecture from the factual, and that apparently rubs some people the wrong way. I also acknowledge that there is more than one way to look at and interpret the situation, and that these thoughts are from my own perspective (which is that of a potential merchant who is NOT affiliated with DAZ). As there are clearly several perspectives to this issue. It would benefit us all if everyone would post their honest DAZ affiliations and/or merchant status so that we may understand which perspective they are addressing. But since obscurity is the aim of at least one group, I don't think that will happen. Here are the issues as I see them: 1) DAZ has made a statement and a follow-up clarification that APPEARS to restrict the distribution (free and retail) of any clothing item that "fits" [my term - derived after you weed out the hyperbole] either the Michael2 or Victoria2 MORPHED figures - REGARDLES of the method used to create them. 2) DAZ has SUGGESTED [perhaps implied is a better term] that their EXCLUSIVE merchants may be exempt from this restriction. 3) Copyright per se is NOT an issue, and never was part of this issue. This is an issue of DAZ's policies as contained in their EULA, TOS and FAQ. Unfortunately, it serves their purpose to make us THINK this is a copyright issue because most of us are honorable and respectful of such rights. However they have been VERY careful in their statements to minimize use of the term "copyright" and instead use the general term "RIGHTS", which has no legal meaning whatsoever. But I DO acknowledge that DAZ DOES have some rights which extend beyond copyrights, so the REAL ISSUE is just how far those rights extend. 4) Woefully missing from all the threads and posts I have read is any acknowledgement of the RIGHTS of others aside from DAZ. For example, what about us consumers and our CONSUMER RIGHTS - or - us ARTISTS and our FAIR USE RIGHTS, - or - us MERCHANTS and our FREE ENTERPRISE RIGHTS? Those of you who believe every word that comes from DAZ as gospel, have voluntarily RELINQUISHED all the above rights that you are entitled to. But that is OK because it's your choice to do so. But what you CAN NOT DO is tell me that I or anybody else must also relinquish OUR rights. 5) The infringement example cited by DAZ is a superficial ploy which suggests that you can create a fully functional Michael2 figure from a set of morphs contained in a BODYSUIT simply by pushing a button. Those of you who bought into this misrepresentation and jumped on their bandwagon saying, "Gee, I see their point" have just been deluded, or you don't know enough about Poser to know this simply cannot be done with any credible result. Think I'm blowing smoke? I'll offer $500.00 cash to anyone who can deliver to me within 24 hours a cr2 for a fully functional Michael2 that is derived solely from Michael1 and a bodysuit - ANY bodysuit, including DAZ's own which contains ALL the body morphs. LOL! DO you really believe that Michael2 sales are threatened by morphed clothing which ENHANCES Michael2? 6) DAZ is a commercial BUSINESS we are dealing with, so we should not expect or rely on them to protect our rights. In the same vein, we should NOT chastize them for making BUSINESS DECISIONS, so no matter what you wish to "infer" from any of my posts, I do NOT hold DAZ in contempt for anything they have done - it's just business! I DO hold in contempt any individual who relinquishes his/her rights and then insists that I do the same. There is a general rule in business which goes something like "If you can get away with it, do it, it's good business" - this philosophy has served Microsoft very well. So let's stop all the talk about "right versus wrong" or "legal versus illegal" because none of that even enters into the equation. ITS JUST BUSINESS. Their business to profit and protect their interests - OUR BUSINESS to derive value and protect our own interests. THOSE ARE THE ISSUES as I see them - anything else is smoke and mirrors! A few final note to clarify earlier posts: Mehndi (message 68): I'm sorry for my poor choice of words, it was late, and I was hasty. I used the term "second-rank" NOT "second-rate" as you read it, and I was referring to a tiered system of marketing where specialty items and/or special value items are located in a different area of a store, and I derived this impression from one of your own posts wherein you wrote something like "items that may not otherwise meet DAZ's criteria". I also regret that you so easily wish to dismiss everything I have said just because I attempted a bit of levity at the end of a long day. Perhaps it was a late night for you too ;-) fishnose (message 81): You are confusing two basic issues by suggesting that CONSUMER practices and standards and PROFESSINAL practices and standards are are the same. They are NOT. The Poser community may have started as a professional community of elite commercial developers and producers, but it certainly isn't that today. Furthermore, your use of Microsoft as an example for DAZ to follow, is inappropriate. In fact there is a parallel community within Microsoft that is very similar to the Poser community. It is based on MS Flight Simulator and MS Train Simulator, and in THOSE communities Microsoft freely allows usage and redistribution of derived textures and meshes based on the 70% rule. So do many other communities built around games and other software. DAZ is EXCLUSIVELY the most restrictive such community on the internet by imposing not only a 100% rule, but now they are pushing for the 110% rule which extends their "rights" to include not only identical, but "similar" by their definition. Finally, all I might ask or expect of anybody is a reasonable interpretion of the facts. Without malice, exaggeration or prejudice, but with an open mind which can at least acknowledge that there are sereral different sides to this issue, but each has a right to exist. Best wishes to all. I wish DAZ every success in business, as they are vital to this community. I will, nonetheless, continue to argue for my own rights and for the rights of all those who are in a similar position.