bijouchat: sorry fordo not responding you sooner but I ws sleeping. "But as its a derivative of Sirya the fact remains... I dont have a valid license to use this product." you are correect and please let me clarify that the Sirya price will be the same at ZS3D : $ 24.95, so the difference for the violating Qin is $ 9.00 using the gift certificate. As I've already sayd I've decided to insert Sirya in my Renderosity Store ( also if this means % loss to me ) to give the opportunity to those will want to use the gift certificate plus a little difference to purchase the original texture set. Sirya will be realized in the Marketplace wihtin few hours and you'll receive the gift certificate as well. Thank you.

I'm glad that I take MUCH care of EVERY body and head little area, considering every part in the same way when creating a texture set, maybe that's why it takes me about 1 month to realize a texture set. I'm still amazed at how you are able to create an entire texture in few hours. As the damaged part I deserve the right to receive a copy of the new realize before you 'll upload, as you've sayd in your official counter claim.

"SteffyZZ did you create the breast, pubic hair the freckled skin? " If you can claim that modifing about the 20% of a commercial copyrigthed texture set makes the texture "your creation" I'm sorry you are totally wrong. And I still can't realize how you could create a completely new and original texture in few hours, unless you are "reusing" your old material (that I know you often do with the so difficult and time/effort/money consuming to create bodies ) "These are the important parts in my humble opinion, breast, nipples, pubic, navel chest etc.. ... everything else is wasted.... " I can't believe a texture maker is saying this words!! You've just mentioned the only little portion of my texture you've modified in "your" violating product ,( in few minutes ) and say that everything else is waisted?? I'm just shocked even more.

"If anyone questions whether SteffyZZ created Qin I want to say she did not!... But some parts that aren't real noticeable were used" I'm mistaken or you've actually sayd : "But some parts that aren't real noticeable were used" and "I decided to use portions of this Body base texture" ? Let me clarify once again that this is not true at all: Actually I've created the Sirya body texture you've almost entirely included in "your" Qin violating item, as several Sirya elements from the head. As you can see yourself : http://www.zetastudios3d.com/bytemeok/infringment.htm these you call " parts that aren't real noticeable were used " ? This is not true at all and that's why buyers will receive the gift certificate for a violating product they've purchased in good faith, that they can use to purchase the original product was violated. I truly hope you'll rebuild your new own original textures from blank templates, as any texture maker should always do , and not reworking once again the violating one with the risk to make another infringement. Thanks.

One last note: As I've sayd above the new Renderosity Policy states that for copyright violation cases ( like this one ) Effective for purchases starting December 1, 2003, Renderosity will issue a gift certificate for the full amount back to the buyer. The fact BMO mentioned to remake a new texture set has nothing to do with the infringement that taken place. I truly hope she will not use anymore Sirya as a base and build a completely new texture set from blank templates as I usually do ansd as anyone should do to avoid any problem. I've just received now the JenyK confirmation the buyers of the violating Qin product will receive the gift certificate as the new policy states. And as I've sayd above I'll upload Sirya to my Renderosity Store as soon as possible to give the opportunity to purchase the original texture for those who'll want. JenyK will notify the buyers very soon.

"because if this is accepted without any proof, you know that the next time you get ripped off you will just be offerred the exact same excuse" "merchants either have to start taking full responsibility for what they create, or not submitting products to the marketplace at all. im sick to death of excuses, regardless of the truth behind them. " Yes , Gabriel I totally agree , you are completely right. I'm really sick too, believe me...

As Blackhearted said, unfortunatley excuses or notthe fact is that a copyright infringmenet has taken place here , as the obiouvs proofs have shown and as the "offender" merchant also publically admitted. As the offended part I can't accept the offender have already reworked the violating texture in few hours and pretend to resend it to the Marketplace. An entire body texture have to be completely created, since it was my Sirya the one used in the violating Qin product. And several elements from the head have to be completely removed. I just find hard to believe BMO have already "redone" a new whole texture in few hours simply reworking the violating one, assuming the risk to mistekenly include again some elements of the original Sirya. I can accept only that BMO offers to rebuild a COMPLETLEY NEW texture from "bank template" with her own original material. But who will repay the big damage I've suffered?

"regardless of how you may personally feel or who your friends may be, a copyright infringement has taken place here and all the excuses in the world are not going to restore the money lost for stefy." Thank you Blackhearted for pointing this out, since this is just the point.

about the EULA: In the actual violating Qin textures almost the whole original Sirya body can be extracted, as the other Sirya head areas contained in the violating Qin. This is paragraph 2 of Sirya's and ZS3D's EULA: 2. GENERAL RESTRICTIONS AND TERMS OF USE. The Buyer may not redistribute this archive file, in whole or in part. to nick_brown1967: thank you very much for purchasing my product! You will able to use your gift certificate received for purchasing the Qin violating product as you prefer.

Mason: As I've said above I've PERSONALLY taken the 100 and more photos used to create the Sirya texture, payed the model , that lives in north Italy, and signed a written contract with her. I'm the only owner of the photos used to create Sirya.

PapaBlueMarlin: I've signed a written contract with the model used for the photos I've personally taken to create the Sirya textures as I did with all the modles used to create my other textures.

First of all thank you so much bijouchat for your truly kind words and support! This is truly very kind of you!
And I completely agree with you about the customer rights and Customers Satisfaction Policy.
Thank you again so much!

To Connactic:

I've absolutely NEVER attacked the customers, I've only defended my rights and my hard work.
I'm truly very sorry for all the honest customers have purchased my pirated products!

"The money paid for the pirated good is property"

FALSE: when you purchase a digital good you're not purchasing the good itself but the license to use the good. If the license purchased is illegal, ( as for pirated /warez products ) , also if purchased in good faith, the license is NOT VALID.

"I have nothing but her words, no proof, no court decrees."

A Copyright does NOT have to be formally filed in order for a creation to be protected. "Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device"
(http://www.copyright.gov/help/faq/faq-general.html).
Current copyright law (especially the Digital Millenium Copyright Act & the No Electronic Theft Act) is written in such a way as to make it easier for an individual to protect themselves without having to involve the legal system. Taking a situation to court is usually a last resort, after all other courses of action have been exhausted.
... as stated above copyright law is specifically written in order to make it possible to resolve a situation WITHOUT involving the courts.

SteffyZZ has filed a proper DMCA certificate of infringement. This document, sworn to under penalty of perjury, places the burden of proof on the other merchant to prove that no violation exists.

http://www.uniquerenditions.com/Cheat4/Cheat4.htm

"I do not know if her accusations are true. "

Once again I didn't made any ACCUSATIONS, but simply explained the evidence of the facts and defended my rights.

Thank you again very much bijouchat and all the kind persons were very supportive in this bad issue.

Sincerely,
Stefania.

I'm just copying and pasting important copyright laws information from COOLER extracted from the original thread:

My apologies for the length of this but there is a lot of misinformation here that simply must be corrected.

a special aside to Dark Matter... I don't know where you are getting your information from but rarely have I seen a series of posts where every piece of information is totally wrong. If you want to discuss copyright issues I suggest very strongly that you take a look at the information at... http://www.copyright.gov/laws/,http://www.copyright.gov/faq.html, and http://www.templetons.com/brad/copymyths.html before making statements that are not only erroneous but dangerous if some innocent were to read & act on them accordingly.

Post #29 "First off you got to take the person to court before you publicly accuse them of stealing from you and present your case before a judge before taking action against them."

FALSE... Current copyright law (especially the Digital Millenium Copyright Act & the No Electronic Theft Act) is written in such a way as to make it easier for an individual to protect themselves without having to involve the legal system. Taking a situation to court is usually a last resort, after all other courses of action have been exhausted.

Post #30 "And furthermore you have not proven to anyone here that your textures were not ripped off from someplace else possibly an offline magizine so nor have you proven that you can leagally copieright your stuff I see no copyright office number here."

FALSE... SteffyZZ has filed a proper DMCA certificate of infringement. This document, sworn to under penalty of perjury, places the burden of proof on the other merchant to prove that no violation exists.

Post #32 "Also note it is not legal for renderosity to bann or drop a merchant without a court outcome that person can sue renderosity for damagages even if he is guilty because he was denied due process by law over an accusation."

FALSE... Renderosity is enforcing its TOS & merchants' agreement NOT acting as a law enforcement agency.

Post #33 "if you do not take your stuff to a copieright office and get it properly copyrighted anyone can copyright your stuff and steal it right out from uder you, publishing on the web does not give you any protections."

Post #34... "What really pisses me off is that alot of people don't copyuright there stuff even tho they lie and say they have because they are too lazy or to stupid to go do it."

FALSE... A Copyright does NOT have to be formally filed in order for a creation to be protected. "Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device"
(http://www.copyright.gov/help/faq/faq-general.html).

Post #35 "if you accuse someone you do not have the right to take action against them without a court outcome., Why? because it is against the law to deny a person due process of law, no person can be deemed guilty outside the athority of the law."

"taking action based on an accusation is against the law and can be prosecuted by the damaged person in form of a lawsuit when income or funds are lost meaning the store that was taken down."

"It is up to the damaged person claiming losses to take the thief to court before any action can be taken in thier behalf under the law, because No one can be deemed guilty outside the athority of the law."

ALL FALSE... as stated above copyright law is specifically written in order to make it possible to resolve a situation WITHOUT involving the courts. Additionally copyright law is primarily civil, not criminal, law. "Innocent until proven guilty" & as well as "proof beyond a reasonable doubt" do not necessarily apply in a civil trial.

Post #36 "Also note renderosity by acting as judge jury and excecutioner is outside the athhority of the law. assuming the role of a copyright court."

FALSE... Renderosity is not only enforcing its TOS & merchants agreement but is complying with the law by removing an infringing product. Under the terms of the DMCA once a proper claim of infringement is received Renderosity must "expeditiously disable access" to the material in
question or they may be held liable for damages.

Post #44 "This really can't go on any longer and it's time to take a proactive rather than reactive stance. It's not fair to the people that are being stolen from, to your customers, and it's giving Renderosity a bad name."

Post #45 "I have been amazed by the humdrum way in which renderosity admins handle (or more correctly, do not) some members actively using and displaying images using products they clearly haven't bought or recieved as (legitimate) gifts, and through my own experience I have been inclined to let most of these go, but renderosity must act proactively in a case such as this or else the whole system is farsical."

Renderosity cannot act proactively to enforce a 3rd party copyright. In fact they cannot act at all unless they are properly notified by the original copyright holder or a designated agent, that a potential infringement exists.

Yes , the Aka texture was a pirated texture. It contained the ZS3D Breath Generation Iago entire body texture with minor modifications (a photoshop paper pattern added and hue changes ) and the ears head texture. I'm very sorry but those who have purchased this product have no right to use it. As for the Renderosity refund piolicy , this have to be answered from the Renderosity Admins. I've only suggested that beeing Aka a fresh product it shouldn't be a problem for Renderosity to refund it to the customers have purchased , but it was only a suggestion. Thank you, Stefania.

I've recedived your e-mail , and it was not exactly like you've written , but I'm not at home right now, so I'm not able to show it.
My answer to you was before I was able to see "your" actual 3 products , and after discovering you've used in all the 3 products you've realized to the MP my Yuma textures, the 100% of the body in 2 products and the between the 50 and 90 % in the same 2 products! You've sayd in your e-mail you've used less of the 20% of my Asia texture in only 1 product, abd obiouvsly this was not the truth.
You've never offered me any compensation in your e-mail.
I don't know if you 've offered any compensation to Tara (Stormi)also, since I know that you also written her accusing her she've stolen "your" lips.

I've just received few minutes ago this instant message:

Hi Stefania, I read your post in the Poser Forum and feel real sorry for you that you have to put up with this for a long time. I only have one texture I bought from you - Leo for M2 and it is wonderful! Hope you do textures for Michael 3 when that comes out.

Regarding JSJ, many months ago - I believe it was December last year or January this year, I commented on an image in JSJ's gallery that his ldies were very beautiful. He/she IM'ed me and told me it was a texture of Asia / Yuma merged together with some modifications on his part. He then offered to send it to me. I want to say I refused it cos I am against such stuff. However, as at that time he was doing this for his personal renders, he can do that but distributing them is not allowed nor selling them commercially. When his products came out in the marketplace, I didn't buy any of his products because I didn't trust the textures. I told linwhite about the episode about one to two months ago. However, as she does not have his products and I don't have Asia and / or Yuma,there was no basis for comparison of the textures.