Proof of a design ripper.. also looking for some advice
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Joannah Cramer
Registered User
Join date: 12 Apr 2006
Posts: 1,539
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08-21-2006 11:05
From: Finning Widget The problem exists that - if the design/shape/outline/whatever is trademarked/copyrighted/protected under intellectual property law - then the holder of the intellectual property has to take legal action to defend their intellectual property if they become aware of /any/ infringement, or they risk losing their copyright/whatever due to failing to exercise their rights - I think. Correct; part of having your creating trademarked involves requirement to actively 'defend' the property in question. All schmechnicalities aside, both builders in question profit directly from intellectual work of someone else -- the person who designed the original RL shape, and did it with enough skill and flair to make people want fly a vehicle that _looks just like that_, if just in virtual world. It's both the looks and the name of the plane that make its strong selling points. If they don't, there should be no problem with putting the scripts that power the plane into completely different shape, that doesn't have any resemblance to the real thing... and it shouldn't affect the sales in any way, right?
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Hugsy Penguin
Sky Junkie
Join date: 20 Jun 2005
Posts: 851
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08-21-2006 11:17
From: Csven Concord IP laws don't protect technical proficiency. And I personally don't agree that there is "protected creativity" in creating a prim knock-off of someone else's design. To this specific point, my opinion isn't based on whether or not it's legal to recreate the F-16 in world. My opinion is that it takes creative talent to do so. Using your example below, it doesn't matter to me if it's an F-16 or an Me-109. Creativity is needed to bring those planes into SL even if it's not legal or protected by IP. And someone making a prim-for-prim by-the-numbers copy (which I believe is what happened and I realize you don't) is wrong. From: Csven Concord Look at it this way, if a toy company makes a miniature replica of a Me-109 (old German a/c with no IP protection afaik) and then another company comes along, buys that toy, takes measurements but crafts their own from scratch, there's nothing anyone can do about it. Reverse engineering happens all the time. Companies routinely buy competitive product, tear it apart, and use what they can from what they learn. But to avoid infringement they don't duplicate the IP-protected elements. If, however, they see a nice set of generic gears being used, nothing stops them from using the same set. If the person who copied the OPs plane, just bought one, looked at it, and made theirs from scratch, then I would say that's ok. I just don't think that's what happened. Its more like he took the Me-109 and ran it through a Star Trek scanner and used a replicator to make exact copies (except for color). The person who spent the time making the original Me-109 toy would be (and imo should be) pissed.
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Csven Concord
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Join date: 19 Mar 2005
Posts: 1,015
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08-21-2006 13:21
From: Hugsy Penguin My opinion is that it takes creative talent to do so. And that's where we disagree. I hire overseas designers on occasion. I hope to get creative talent, but mostly I get technical proficiency. They can copy like crazy, but don't ask them to contribute to a design. Hence my comment. I don't consider this "creative talent"; only technical proficiency. From: Hugsy Penguin If the person who copied the OPs plane, just bought one, looked at it, and made theirs from scratch, then I would say that's ok. I just don't think that's what happened. And I do believe that's what happened. It's not that difficult to do really. SL's modeling tools are sufficiently limited that if you recognize a prim in a model, you can create your own and move it right over the other and then stretch and scale and tweak until it's almost exactly the same. But it's still created from scratch. Unfortunately, the documentation presented in this thread doesn't determine how the model was made. Maybe it was dup'd. Maybe it was scratch-built. Right now, I'm assuming it's a scratch-built version. If it was a hacked copy, then I'd agree there are issues, since then someone pirated an interpretation of a form which may be protected. Even so, they're still both infringing on a RW property, so I'd have them both removed myself. Let them create their own unique planes. This copying other designs and using the same name/trademark is lame.
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Hugsy Penguin
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Join date: 20 Jun 2005
Posts: 851
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08-21-2006 13:51
From: Csven Concord And that's where we disagree. I hire overseas designers on occasion. I hope to get creative talent, but mostly I get technical proficiency. They can copy like crazy, but don't ask them to contribute to a design. Hence my comment. I don't consider this "creative talent"; only technical proficiency. That's your opinion, but I think anyone who has ever tried to recreate a real world object in SL would strongly disagree that it takes no creativity. From: Csven Concord And I do believe that's what happened. It's not that difficult to do really. SL's modeling tools are sufficiently limited that if you recognize a prim in a model, you can create your own and move it right over the other and then stretch and scale and tweak until it's almost exactly the same. But it's still created from scratch. Oh come on now. That's not creating from scratch. If the end result of that trial-and-error process results in prims with the same attribute values (or nearly identical values), thats just another method of digital duplication. From: Csven Concord Unfortunately, the documentation presented in this thread doesn't determine how the model was made. Maybe it was dup'd. Maybe it was scratch-built. Right now, I'm assuming it's a scratch-built version. If it was a hacked copy, then I'd agree there are issues, since then someone pirated an interpretation of a form which may be protected. I would call what you described above as hacking a copy and pirating an interpretation of a form. The person didn't put any creative thought into it whatsoever, just recreating identically (or almost identically) what someone else built. From: Csven Concord Even so, they're still both infringing on a RW property, so I'd have them both removed myself. Let them create their own unique planes. This copying other designs and using the same name/trademark is lame. I don't find it lame at all to build an F-16 in SL. If I wanted to fly an F-16 in SL, I would want it too look right: be the right shape and have all the correct markings and images. I wouldn't want a knock-off that was obviously supposed to be an F-16 but changed just enough to please the IP croud. That, I would find lame.
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Csven Concord
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Join date: 19 Mar 2005
Posts: 1,015
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08-21-2006 14:37
From: Hugsy Penguin That's your opinion, but I think anyone who has ever tried to recreate a real world object in SL would strongly disagree that it takes no creativity. And you have yours. Oh well. However, as I've recreated some of the RW objects I've designed inside SL, I can tell you that you're mistaken on the rest. I found recreating my designs to be a technically interesting activity. Nothing more. From: someone Oh come on now. That's not creating from scratch. If the end result of that trial-and-error process results in prims with the same attribute values (or nearly identical values), thats just another method of digital duplication. If I get sheet metal and hammer out the body of a Model T, that's "from scratch", even if I use the original to confirm shape/fit/etc. Prims start as generic shapes. From there the builder modifies them. Hence, the only meaningful difference between the sheet metal and the digital primitive is tangibility. From: someone I would call what you described above as hacking a copy and pirating an interpretation of a form. The person didn't put any creative thought into it whatsoever, just recreating identically (or almost identically) what someone else built. My standards are apparently different than yours. From: someone I don't find it lame at all to build an F-16 in SL. If I wanted to fly an F-16 in SL, I would want it too look right: be the right shape and have all the correct markings and images. To each his own. I'd prefer that someone design something new and original. You know... be creative.
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Hugsy Penguin
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Join date: 20 Jun 2005
Posts: 851
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08-21-2006 15:25
From: Csven Concord However, as I've recreated some of the RW objects I've designed inside SL, I can tell you that you're mistaken on the rest. I found recreating my designs to be a technically interesting activity. Nothing more. I'm willing to guess that if 9 other people recreated those same objects, you'd have a total of 10 different versions of varying size, detail, quality, etc. Those variations would depend not only on technical skill but how creative the person was in putting the prims together. From: Csven Concord If I get sheet metal and hammer out the body of a Model T, that's "from scratch", even if I use the original to confirm shape/fit/etc. Prims start as generic shapes. From there the builder modifies them. Hence, the only meaningful difference between the sheet metal and the digital primitive is tangibility. I wouldn't call that the only difference. Real world sheetmetal is much harder to work with than SL prims. If you can pound out a Model T body from sheetmetal using a hammer, that's something to be proud of. That would take alot of skill. No credit for the shape, just how you got to the shape. If you can duplicate prims by lining them up and sizing them against other prims, that's not something to be too proud of. It doesn't take nearly as much skill. From: Csven Concord To each his own. I'd prefer that someone design something new and original. You know...be creative. I like new and original too. But it's also cool to have recreations of real stuff in SL because of being of fan of that type of thing.
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Csven Concord
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Join date: 19 Mar 2005
Posts: 1,015
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08-21-2006 16:08
From: Hugsy Penguin I'm willing to guess that if 9 other people recreated those same objects, you'd have a total of 10 different versions of varying size, detail, quality, etc. Those variations would depend not only on technical skill but how creative the person was in putting the prims together. Perhaps. But I was answering your assertion than " anyone who has ever tried to recreate a real world object in SL would strongly disagree that it takes no creativity". I have and I don't disagree with myself. However, if we want to be pendantic, then "creativity" includes everything from how we eat our food to how a person sits on the toilet. My own threshold where design creativity ends and technical proficiency begins, is whether the individual is attempting to emulate something else; attempting to copy it with sufficient accuracy to make a connection to the original. There may be creativity in attempting to solve the emulation, but afaic there is no creativity in the design. From: someone I wouldn't call that the only difference. Real world sheetmetal is much harder to work with than SL prims. Matter of degree. Putting paint on a canvas is arguably easier than manipulating a computer mouse. Does that mean Rembrandt's ability had less worth than someone torturing prims in SL? I don't believe so. Jasper Johns? Hans Hofman? Take your pick. From: someone If you can pound out a Model T body from sheetmetal using a hammer, that's something to be proud of. That would take alot of skill. No credit for the shape, just how you got to the shape. And here you're beginning to suggest that creating in SL is *not* something of which a person should be proud. That it *doesn't* take a lot of skill. Careful. From: someone If you can duplicate prims by lining them up and sizing them against other prims, that's not something to be too proud of. It doesn't take nearly as much skill. whooops. Too late. You've passed judgement. Is now a good time to go back to the first disagreement where you want to make sitting on a toilet a creative endeavor?! 
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Erm Yowahoshi
Registered User
Join date: 6 Aug 2006
Posts: 7
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08-21-2006 16:53
From: Angela Salome Actually, all US Government equipment is free of copyright as the US taxpayer pays for it. The citizens own it, they can make models or copies if they wish.  I don't know if this applies for other governments. Your correct in that the U.S. Government is free of copyrighting, but your wrong in how your applying it to any and everything the goverment owns. The U.S. Citzens own the planes, but not the patents, copyrights etc. of said plane U.S.C. § 105 provides that: Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise. The intent of the section is to place in the public domain all work of the United States Government, which is defined in 17 U.S.C. § 101 as work prepared by an officer or employee of the United States Government as part of that person's official duties. Contractors are not employees.- See its Lockheed Martin who owns the copyright and patents on the F-16 fighter plane, they where contracted, they designed it, they build them,, they sell them and also allow the U.S. Governement (among others) to also hold the copyright. I'm not going to get into detail about anything more because this really is not the spot for it. I'm almost positive Lockheed Martin is not to concerned about the pennies worth of linden being made off of a poorly rendered video game model of its billion dollar real world project. With that being said, if that is a copy, like taking someone elses work and reverse engineering it to "tweak" it for whatever reasons, be it to make a better one,, or flat out steal the design in terms of SL creation techniques, then thats pretty low. Did he merely "look" at it and reproduce it freehand? Or did he alter a copable modifyable object? Or is it as simple as two people stumbling upon the same design and scale in making a well known airplane such as the F-16? Either or in this game,,, the better designed and looking airplane will always preveil over the other.
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Hugsy Penguin
Sky Junkie
Join date: 20 Jun 2005
Posts: 851
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08-22-2006 08:54
From: Csven Concord There may be creativity in attempting to solve the emulation, but afaic there is no creativity in the design. That's what I was trying to talk about: "creativity in attempting to solve the emulation". You said it better than I was able to. And you are right, there is no creativity in the design. Of the in-world F-16, there's no creativity in it's design except for whatever the creator may have changed about it. From: Csven Concord Matter of degree. Putting paint on a canvas is arguably easier than manipulating a computer mouse. Does that mean Rembrandt's ability had less worth than someone torturing prims in SL? I don't believe so. Jasper Johns? Hans Hofman? Take your pick. I wasn't entirely clear. I said "Real world sheetmetal is much harder to work with than SL prims." I didn't just mean physically more difficult to shape although it certainly sounded that way. I meant what I think you're eluding to: that it takes quite a bit of skill to transform a sheet or block of material into something useful or artistic. From: Csven Concord And here you're beginning to suggest that creating in SL is *not* something of which a person should be proud. That it *doesn't* take a lot of skill. Careful. I don't mean to suggest that at all. Of coarse it takes alot of talent to build nice things in SL. Except when... From: Csven Concord whooops. Too late. You've passed judgement. Is now a good time to go back to the first disagreement where you want to make sitting on a toilet a creative endeavor?!  I'm not going to be impressed, at all, when someone copies another person's object by simply rezzing and lining up prims. While it can be a useful technique for learning how to build, it says nothing about how talented of a builder they are. Or if someone takes a piece of tracing paper, lays it on top of a drawing, and traces it line-for-line with no changes. It may help them learn to draw, but if they hold that up and tell me how great of an artist they are, I'm going to be quite unimpressed.
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-- Hugsy Penguin
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