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Texture Resellling ONCE again WHY NO PROTECTION?

Maklin Deckard
Disillusioned
Join date: 9 Apr 2005
Posts: 459
07-28-2006 08:51
From: Allana Dion
When she sells her textures, they come with a notecard explaining that you are purchasing them with the understanding that she has NOT given her consent for you to resell them. I know, I've bought textures there.
When I read that notecard it was very clear. The permissions given on the textures themselves copy/mod/transfer are there so that the buyer can use the textures on thier personal creations (furniture, buildings, whatever) and be able to sell those creations. The notecard makes it clear that you are purchasing her textures WITH FULL KNOWLEDGE that you are not allowed to turn around and resell just the textures themselves.
Anyone who does resell the textures themselves cannot claim she gave permission simply because the boxes were checked off, the Terms of Sale negates that.

EDIT: On a sidenote, at least the person who purchased the textures came and asked before doing anything with them, not too many people would do that.


How can ANYONE be bound by a notecard they can only see AFTER the sale? Does she give refunds if after you buy and read the notecard and decide due to the terms you cannot use the product and you want your cash back? Even the most draconian shrink-wrap agreements have a refund clause. Who is this legal authority ingame that backs her ingame 'contract'?

About her ONLY recourse is a DCMA report...and after reading the Linden website about it (due to an incident I am experiencing), all it takes is basically a 'no I'm Not! Here's why (she sold it full perms being a damn hard to deny reason)' letter from the infringer, they put the items back and then the ball is in your court to take it to an RL lawyer, the lindens drop it. So unless you are a big name/big money person and its worth taking to a lawyer, your're kinda screwed here.
Six Kennedy
I make boxes - Lots of em
Join date: 30 Jan 2005
Posts: 544
07-28-2006 08:54
From: Maklin Deckard
How can ANYONE be bound by a notecard they can only see AFTER the sale? Does she give refunds if after you buy and read the notecard and decide due to the terms you cannot use the product and you want your cash back?


As you enter that store a notecard flys and hits you in the head. Its triggered like when you enter the store to give it to you.. I think.. at least one slapped at me when i went :P
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Tere Karuna
Registered User
Join date: 4 Jul 2004
Posts: 159
07-28-2006 11:08
From: katykiwi Moonflower
When you develop a sure fire method of reliably proving which member made the texture first, and that the member really does in fact own the copyright to that texture, then publish the names. Until then, read up on the libel laws.



/claps Well said :)

Dont take me wrong, I agree with texture artist wanting and need protection. I think the best option would be the one suggested where the textured item could be transfered and not the texture.

While can understand being upset.. just maybe the reaction being taken to the extreme? Im seeing comments of Im gonna sue blahblahblah. Lets over look the fact the artist probably not losing enuff to equal the court cost alone of suing.... As for all the talk of TOS, EULA, contracts and so forth---- Im no attorney (but dont worry we gotta couple forum attorneys that will love to jump in :p ) but currently several TOSs and EULAs in the gamming industry are being challenged and overturned.

And tbh contracts dont always amount to anything more then stiff tiolet paper that scratches ya booty when ya wipe. I know someone (a idiot if truth be known, but that irrevelent right now) who rented a jetski at a local lake. He went out and did something stupid which resulted in his leg getting broke. Now when rented the said jetski he signed a contract saying the rentalshop not liable for any injuries. I understand this quite common contract with them. Welp this idiot decides to sue. In the end the contract was declared invalid and the rentalshop held reliable cause something about they shouldnt rent to idiots that dont even know how start a jetski muchless ride it.

Do texture sellers have thier contract read by legal consultants? Are you sure a judge (who probably doesn play SL, and if there is any that do ... I got a speeding ticket I could use some help with :rolleyes: ) that doesnt understand the intricasies (sp) of SL; is not going to say "but see here maam <points at lil box that states next owner can give or RESELL> this states they can resell it and is hardcoded, so your contract means zip."

Not to mention theres no law that says ya gotta read a contract that pegs ya in the head. Hell how many read the EULA when click accept. Ya cant even prove they read it, so how gonna enforce it. Much easier for person to say "oh I thought that notecard was spam about other shop locations so I tossed before reading.. but I saw box said I could resell!"
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"ooohhhh we didnt know what we had till it was gone;
they paved secondlife and put up a shoping mall,
oooooo, ba ba ba....."
LillyBeth Filth
Texture Artist
Join date: 23 Apr 2004
Posts: 489
07-30-2006 23:46
From: Samuel Bishop
This is where I have a problem with your logic.


Okay, this 3rd party person DOES NOT have the responsiblity to ask your permission or nor does she need your authorization for ANYTHING. She WILL NOT get in trouble as she did not violat any ToS. A LINDEN AND A LINDEN ONLY can ask her not to use those textures and/or remove them from her inventory. I know that getting pi**ed over 350 L$ is worth more than a possible customer in the future. I wouldn't EVER shop with you if were rude to me like this (I am assuming you were ruse by the way you implement you said "NO!" with caps and exclamatory.)


If I was sold or given some textures that originaly came from say Total Textures ( but I didnt know) and the true creator found them in my possesion...does he have the right to claim copy right infringement? Your Damb right he does.I have to remove them all once hes proved they came from his website.

It matters NOT that I was given them or found them from a 3rd party website...the creator is the ONLY owner of said textures and has the ONLY powers to demand removal and seek financial damages should he/she sees fit.

The general rule of thumb way of going about things in IP and cop right infringments is to give 24 hours notice that your textures ( as in you made them NOT mearly found them from the net ) have been found and being resold/distributed without your consent and to insist they remove.

If they dont, then ( and only then ) you fax LL the name of the avatar the location and swear an oath that the textures in question are yours by creation. ( if you make a false oath your liable for legal prosecution and fines )
LL then go in and remove all content both from inventory and the location on land.

They then send a letter via rl mail which the defendant has the opportunity to insist they are their by creation ( under the same false oath rules ) or not theirs and have removed any others not owned by themselves but by the owner in question.

PLEASE dont tell me how to 'suck eggs'

I have been in the business in SL and now RL of texture creation for 2 years. Don't you think I have done my research?

And when YOU spend 50 yrs a week and hunderds of $ on softwares and plug ins to create the textures I sell not to mention the memberships to learning facilities and time I have invested in learning Photoshop, then maybe you have a voice in all this.

Its not about L$350 you idiot. Its about stopping people from seeing my textures in Yard Sales resold copies over & over again and assuming ' thats the norm' and doing the same.

I deal with one person a week caught doing the very same thing. Some are genuinly ignorant to the law and live by the LL perms. Some are clowns like you who think they know it all and try twist things around and say theyre gonna inform Disney about a betty boop image I have on a wallpaper...and my store will be closed down and yes like this garbage " I didnt buy it from your store! SO there nah nah nah nah!'
Guese what clown?
IT DOESNT MAKE ANY DIFERENCE YOUR STILL DISTRIBUTING ANOTHER PERSONS ARTWORK WITHOUT THEIR CONSENT!

Is that rude enough for you?

Look I know its hard to grasp for some ppl so heres a link to some basic Copy right Do's and Donts'

Basic Copyright

Ignoring the legalites...its low morals not to ask the creator if its ok to resell their textures anyway, Any-one who allows their work to be resold I am willing to bet its not their work. They found it free off the net
No-one who puts the time and skill into genuin texture creation would simply let others resell their work. ( i wish others wouldnt allow it either regardless of where they found the textures, it gives out a confusing message to people who assume ALL texture artists must let other resell their work)
Why would I want or allow ppl to buy my work THEN set up a store and become my competition selling MY work for less than I do ( because they only bought it not created it )
Its insane business logic.

Ive found my stuff renamed, re uploaded, licence deleted and rebundled. Ive heard every single defence, come back, excuse and BS you could ever imagine and it still boils down to the same thing.

Moraly and legaly its wrong.



I was sick and tired of finding my work ( and it 'is' work ) scattered all over SL and fighting with ppl to aks them to remove. I don't 'play' SL anymore...its become a full time job for me- I am not moaning but I sure as Hell am not going to sit back and let clowns like you tell me im being rude! And preach how wrong I am about dealing with the theft of my work. These ppl just want to make a quick buck off the hard work of others. And you think this is all about L$350?

BTW I noticed you know the amount I charge for a standard bundle? Your banned Im afraid I dont want or need customers like you based on your reasoning.

You mistake my anger & frustration at the above as being rude.

Whats your excuse?

I will let this thread go on. Thanks for the support not had time to read them all, I just not an email notification from this joker so Im unticking that option so not to continue this ' Pantomime'

Got bigger & better things to do than justify my anger and pain and the theft of my work to ppl who dont know enough to argue or arent even involved enough to argue...seriously on that note- have you not got better things to do that butt your nose into stuff that is not only very old news by now but has zero to do with you in the 1st place.
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TRU Graphic Solutions Ltd
In Association with:
3DTotal.com - SubdimensionStudios.com - AmbientLight.co.uk - Jaguarwoman.com -Texturama.com - Fifond.com - 3DRender.co.uk

Over 80 SL freelance texture artist supplying Premium seamless textures to SL Since 2004

Visit TRU Website:
http://www.texturesrus.net
LillyBeth Filth
Texture Artist
Join date: 23 Apr 2004
Posts: 489
07-31-2006 00:26
From: Tere Karuna
/claps Well said :)

Not to mention theres no law that says ya gotta read a contract that pegs ya in the head. Hell how many read the EULA when click accept. Ya cant even prove they read it, so how gonna enforce it. Much easier for person to say "oh I thought that notecard was spam about other shop locations so I tossed before reading.. but I saw box said I could resell!"



So when you buy a texture CD which has a Read Me file in it outlining the EUAL, if you decide to upload all the txtrs to a website or ANY form of public distribution, you think a good enough defence would be " I didnt see or read the licence" and the judge will say
" ahhh ok nuff said- case dismissed!"
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TRU Graphic Solutions Ltd
In Association with:
3DTotal.com - SubdimensionStudios.com - AmbientLight.co.uk - Jaguarwoman.com -Texturama.com - Fifond.com - 3DRender.co.uk

Over 80 SL freelance texture artist supplying Premium seamless textures to SL Since 2004

Visit TRU Website:
http://www.texturesrus.net
LillyBeth Filth
Texture Artist
Join date: 23 Apr 2004
Posts: 489
07-31-2006 00:36
From: Infiniview Merit
This is an excellent idea!


Thus I decided since I had the ability to do so I would create my own original
textures. I found some free PS brushes on the net and experimented a bit.
Then I read the agreement on the brushes, which ended up being just like most of the other texture agreements in that they were free as long as they were not used in a commercial endeavor.


Are you sure? The licence I get with brushes is you cant distrbute them 'as' brushes from a website or copy them to CD and sell etc but your allowed to use them in commercial and none commercial creation.

From: Infiniview Merit
In an earlier post someone mentioned that part of a cure although unlikely
would be if SL were stripped of anonymity. Which is an interesting idea.
This is something that has occurred to me.
If everyone were suddenly required to use their real names in SL, how many of us would still be here? I know I would be.

And I think it is not too hard to guess which ones would and which ones would
not.
Clearly some people have legitimate concerns about indentification in relation
to them being more vulnerable to the bad elements of society. And those are valid.

However others find value in connecting their reputations to their real names.
Usually these are very ethical people, or at least people willing to stand up and say "so sue me" and defend themselves. lol



My Take Down Order ( which is a very polite way of trying to resolve the matter before going to the lengths of involving LL ) includes my real 1st 2nd and last name at the bottom as well as my avatar. ( and that of my BF who also creates textures for TRU ) I am very serious about my work being distributed. I pay taxes on any earnings I generate from here so I am protecting my income no matter how small it may be. It took me 2 years to get to where I am, So it angers me that others just slap mine and many other ppls work up for sale for a quick buck
_____________________


TRU Graphic Solutions Ltd
In Association with:
3DTotal.com - SubdimensionStudios.com - AmbientLight.co.uk - Jaguarwoman.com -Texturama.com - Fifond.com - 3DRender.co.uk

Over 80 SL freelance texture artist supplying Premium seamless textures to SL Since 2004

Visit TRU Website:
http://www.texturesrus.net
Lord Humphrey
Registered User
Join date: 20 May 2006
Posts: 19
07-31-2006 07:19
LilyBeth
Firstly your textures are amazing :) They actually INSPIRE me to build! I found your store quite by accident a month or so back and am delighted to have done so. Please don't stop!

Don't have much to contribute to the rest of this (rather long) thread other than to say that EVERY time I enter your store the first thing I get hit with is your EULA (to the point I think .....I read it already ;) ) This being the case I fail to see how anyone can resell your textures as is and try to legitimise their actions. You make your feelings perfectly clear to any customer that enters.

Yes I find the EULA as I enter an annoyance i'll admit.......but I do see that sadly it is very neccesary and is a small price to pay IMHO if it helps protect one of the best texture resources in SL.
Burnman Bedlam
Business Person
Join date: 28 Jan 2006
Posts: 1,080
07-31-2006 10:03
What needs to happen...

Take precautions to copyright your work in RL before uploading.

When your work gets stolen, file a report with LL, and carbon copy it to your state Attorney General's office.

If the offense isn't resolved, file another report with LL, and carbon copy it to your state's Attorney General office, and consult an attorney regarding suit against the offending party seeking damages and court costs.


From: LillyBeth Filth
Once again ( 3rd time in 1 week ) I have found 2 people at Yard sales selling other ppls textures...not mearly 'off the net stuff' but hand made stuff.. yo know the same as a hand made dress/hair etc.

This is were is REALLY gets sh**ty.

The person who these 2 ppl bought these textures from wasnt the texture creators....oh no. they bought them from a person whho was issued a Take Down Order last week!

So technically they havent been issued my TOS as they didnt buy them from me directly


The person who they bought them from TP to the location as I saw his name as 'creator' on the bundles and jumped to the conclusion they were his. But as he pointed out they had been purchased from him.

He *kindly* went into his acct history and told me the dates they were sold ( nvr offered to give me the money!?)

So as I said to him " can you see how it breeds? " and he replied " yeah like wild fire....can you give me some really newbie tips on how to create alpha channels ?" and passed me a texture he had been working on. ( ??? !!)

The sad thing is a customer had IMd me asked if she could use these textures shed bought from a yard sale as they had my name as creator as well as other stores.

I explained NO! and asked where she got them from...she helped me find out.

But then added " oh its so hard to know what you can and cannot sell in textures these days as even yours come with full perms and I am starting to give classes " ( she thought full perms meant she could sell them as textures and shes giving classes???? )

I expalained how it worked that she was given a TOS in her bundles when she must of bought my textures B4 and she understood eventually.

I arrived at the Yard sale to find this one persons plot and to my horror find directly behind it a 2nd plot selling my stuff!

BOTH bought from the same person who was issued a take down order last week!

Ok so LL offer the Take Down DMCA thingie. BUT at this rate I wont be able to keep up with the amounf of my work being sold around SL....finding them is only half the battle and to issue lettters to the US from the UK not to mentuioned the take down orders and arguments and stress to as many ppl as Im currently dealing with

WHAT IS IT GOING TO TAKE FOR LL TO GIVE TEXTURE ARTISTS THE SAME PROTECTION AS EVERY OTHER CONTENT CREATOR IN SL HAS>??

I am so down...I IM all the other ppl who I find their stuff at these places...I TRY to fight this never ending battle even started a group PATT ( protection againts texture theft) where members share info on known thefts with a view t banning) I have massive displays in my stores of my TOS and in the welcome card and in the bundles
Some ppl say I go overboard and 'lecture' with these signs but they dont understand the amount of time and energy that goes into dealing with the ppl I find selling them and their ignorance o n the matter.

Im so pissed right now feel like just leaving SL
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Burnman Bedlam
http://theburnman.com


Not happy about Linden Labs purchase of XStreet (formerly SLX) and OnRez. Will this mean LL will ban resident run online shoping outlets in favor of their own?
Kristian Meng
Registered User
Join date: 31 Jul 2006
Posts: 7
07-31-2006 12:36
BB: Ms Filth is in England, FYI.
Burnman Bedlam
Business Person
Join date: 28 Jan 2006
Posts: 1,080
07-31-2006 12:40
From: Kristian Meng
BB: Ms Filth is in England, FYI.


Ah, then my post won't do her any good. :(
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Burnman Bedlam
http://theburnman.com


Not happy about Linden Labs purchase of XStreet (formerly SLX) and OnRez. Will this mean LL will ban resident run online shoping outlets in favor of their own?
Axel Truss
ssurT lexA
Join date: 2 Feb 2006
Posts: 251
07-31-2006 13:05
how about selling your textures as no re-sell?..........
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MANIC CASINO!
Kristian Meng
Registered User
Join date: 31 Jul 2006
Posts: 7
07-31-2006 13:17
Then they can't be used by content producers to in their products. If the wall texture is no transfer, I can't sell my house.
Demona Rosebud
Registered User
Join date: 6 May 2005
Posts: 71
07-31-2006 13:28
In the meantime make 2 packs for all your textures..set one at a decent price with no transfer permissions, then up the $$$$ and set one full rights for legitmate builders. Few would pay a higher price just to resell for 25L a pack.
Picola Platini
Second Life Resident
Join date: 25 Oct 2004
Posts: 23
08-09-2006 15:29
From: Reality Control
http://davegh.com/blade/davegh.htm

It's really a great resource, because I can resize them in Teh Gimp.

Of course, personally I would never resell them because of the restrictions listed on his website:

LIMITATIONS

-This material can't be accessible out of your project, or included in a program library, a collection of textures, website, or any other way of distribution.

- These textures cannot be used in comercial videogames in any way, or including in any project or place relationed with the profesional Videogame Industry, paid or not. That prohibition include for example CDs, official websites and magazines.

- These textures cannot be included in any platform for massivelly distribution , including ( but not limited to) CDs, DVDs, and another websites.

EXAMPLES OF PERMITED USES

- You can make your own commercial projects with this material if it is not a commercial videogame, and it is an integral part of your work.

- You can make your personal videogame scenary and share it with your friends, and even post it in your website if it is for free.

-This material can be used in videogames for testing purposes or in a demo version, vhenever it will be completelly eliminate in the final product.


Interesting, I think I saw some of these textures in TexturesRus where the textures are supposedly "handmade"? I admit she has nice textures, but I don't think ALL of any of the "texture artists" stuff is "handmade". Textures are bought and sold, it is a game. Let's not give ourselves ulcers over a virtual world. ( I do love the textures at TexturesRus though, I must admit, it is my first choice for building textures!)
Doradiia Nuvolari
Registered User
Join date: 6 Aug 2006
Posts: 31
08-09-2006 15:47
SL may be virtual, but Intellectual Property is real.

The most powerful force in the World is no longer war, religion, economics, or industry. It is the thing that puppeteers all of those... information.


Of course, most of the informationsphere (for lack of a better phrase) is still transparent to the average person. That's as should be, really, and by design. People have finite limits on how much information they can process.

Anyway... The point is, textures = IP. IP theft is rampant, but not merely a victemless happenstance. Of course, our little community made textures represent something somewhere near the bottom of the food chain.

On the other hand, L$ can be exchanged for real $ so being shortchanged in SL amounts to actually being ripped off.

I'd say texture artists have a legitimate grievance, but then, nobody's gonna march in storm troopers to put down texture thieves. Hopefully LL will make some improvements to protect IP rights to textures and animations better.
William Dalgleish
Registered User
Join date: 20 May 2006
Posts: 29
08-09-2006 15:54
Well, if you are selling a full perm texture, the buyer can do ANYTHING they want with it, because they have it full perm, so they can give it out and re sell them, its jsut want happens when you give out a freebie
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William Dalgleish
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