The Clockwork Mansion

Village Square => The Lost Lake Inn => Topic started by: sevva on August 24, 2007, 02:17:43 PM

Title: Stealing DMFA ideas and using for personal --
Post by: sevva on August 24, 2007, 02:17:43 PM
http://www.gaiaonline.com/journal/?mode=view&u=647526
Someone I know on gaia is using DMFA's Demonology 101 in their journal for their own purposes without permission or even credits.
:<
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Zina on August 24, 2007, 02:22:14 PM
Is there a way to report it? I suspect letting the admins or Amber handle it would be best.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Tapewolf on August 24, 2007, 02:24:21 PM
Quote from: sevva on August 24, 2007, 02:17:43 PM
http://www.gaiaonline.com/journal/?mode=view&u=647526
Someone I know on gaia is using DMFA's Demonology 101 in their journal for their own purposes without permission or even credits.

Cool.  Ask them when and how the 'Cubi race was created...
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Turnsky on August 24, 2007, 02:33:08 PM
that's blatant plagiarism right there.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Zedd on August 24, 2007, 02:35:08 PM
Oh Amber...Its time you bring out the brass knuckles of punishment!  >:3
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Tapewolf on August 24, 2007, 02:35:47 PM
Quote from: Turnsky on August 24, 2007, 02:33:08 PM
that's blatant plagiarism right there.
Even the typos in the Were entry.  I must admit I'm kind of torn between the idea of calling them out or playing along and asking them questions only Amber can answer...
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Turnsky on August 24, 2007, 02:41:34 PM
Quote from: Tapewolf on August 24, 2007, 02:35:47 PM
Quote from: Turnsky on August 24, 2007, 02:33:08 PM
that's blatant plagiarism right there.
Even the typos in the Were entry.  I must admit I'm kind of torn between the idea of calling them out or playing along and asking them questions only Amber can answer...
heh, that could be amusing, but given the date of that entry, i'd doubt the individual even remembers, still. not a nice thing to do.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: llearch n'n'daCorna on August 24, 2007, 02:59:58 PM
Note that this breaches the terms of service of the GAIA online network, section 4 article g, section 8 subsection 3 article (i) and (ii), section 8 subsection 4 articles (i) and (v), and, under sections 11 and 15, could result in termination of the account...

http://www.gaiaonline.com/info/index.php?mode=tos


According to that, all Amber has to do is send a politely worded email to service@gaiaonline.com that says something like:
"Er, I notice that one of your users, (link) appears to have replicated part of my site (link) without attribution. Would you mind asking them if they could either attribute, or remove said work?"

.. and then sit back and watch the fireworks :-]
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Fuyudenki on August 24, 2007, 03:56:27 PM
ooo, fireworks?  Pretty!  Let me get my lawn chair.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: bill on August 24, 2007, 04:02:52 PM
Hot shit IMO.


Title: Re: Stealing DMFA ideas and using for personal --
Post by: sevva on August 24, 2007, 09:17:17 PM
Yeah, seriously.  I only recently made an account here, but I've been reading the comics for about a year now..And I'm a pretty big fan. 
Running across something like that, blatently plagerized, old or not, is enough to ruffle someones feathers.

Personally, if it was my hard thought up work being used by another, I'd flip out.
:<

I'd have reported it if I knew how to do so..? D:
Sorry, I'm not very well aquianted with the forums yet. ^^;
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Faerie Alex on August 24, 2007, 09:43:53 PM
It is reported.

@sevva: There's a red button at the top right part of the screen that says "report this journal." Hopefully, that will get a response.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Caswin on August 24, 2007, 10:00:49 PM
Quote from: sevva on August 24, 2007, 09:17:17 PMSorry, I'm not very well aquianted with the forums yet. ^^;
You're two posts in and haven't driven up anybody's blood pressure.  You'll do just fine, I'm sure.

Incidentally, welcome to The Clockwork Mansion, a magical world where anything can happen.

And often does.

It's scary. :<
Title: Re: Stealing DMFA ideas and using for personal --
Post by: sevva on August 24, 2007, 10:08:50 PM
Quote from: Caswin on August 24, 2007, 10:00:49 PM
Quote from: sevva on August 24, 2007, 09:17:17 PMSorry, I'm not very well aquianted with the forums yet. ^^;
You're two posts in and haven't driven up anybody's blood pressure.  You'll do just fine, I'm sure.

Incidentally, welcome to The Clockwork Mansion, a magical world where anything can happen.

And often does.

It's scary. :<
XD
Aheehee.  Thanks for that little tidbit of info.
I'll do well to not make anyone need their heart meds. :>
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Netrogo on August 25, 2007, 05:54:39 PM
Oh for god sakes...

Cuz of the link you put up I thought I'd check my Gaia  account that I haven't been on in about two years. Looking in my inventory, tryin on all my goodies and I found something. My one pair of boots, two years ago they wouldn't equip properly. They looked all broken up and pixally. Well I reported it. Now two years later THEY'RE STILL BROKEN. Now I remember why I left that place.

Also I read through that and you guys are right that is so a flagrant rip off of Amber it isn't funny. Sink her account like the an old 1912 cruise liner >:O
Title: Re: Stealing DMFA ideas and using for personal --
Post by: xHaZxMaTx on August 25, 2007, 05:59:57 PM
Quote from: Netrogo on August 25, 2007, 05:54:39 PMSink her account like the an old 1912 cruise liner >:O
Ouch. xD
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Saist on August 25, 2007, 07:11:28 PM
... temptation is going to win in this case.

It's Gaia Online. What exactly were you expecting? Responsible behavior, proper accreditation, and grammar checking on posts? There is a reason the place is mocked and derided even by Halo players.

On one hand yes, it's bad that somebody is ripping off Amber's work and claiming it as their own.

On the other hand, this happens on a daily basis with Gaia Online, and as far as I can tell, nobody in the whatever passes for a management staff has any interest in fixing or doing anything about it.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Faerie Alex on August 25, 2007, 09:14:33 PM
Quote from: je.saist on August 25, 2007, 07:11:28 PM
It's Gaia Online. What exactly were you expecting? Responsible behavior, proper accreditation, and grammar checking on posts?

...as far as I can tell, nobody in the whatever passes for a management staff has any interest in fixing or doing anything about it.
It's sad because it's true. :cry We can always dream though.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: techmaster-glitch on August 26, 2007, 01:52:48 AM
Quote from: je.saist on August 25, 2007, 07:11:28 PM
It's Gaia Online. What exactly were you expecting? Responsible behavior, proper accreditation, and grammar checking on posts? There is a reason the place is mocked and derided even by Halo players.

THAT is bad....
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Fex on August 26, 2007, 03:56:49 AM
man I can't understand why you want to steal that? I find it the most fun to create it my self so I can claim it that I made it without fear that someone else can say that they did made it. but thats me *goes back to my writers table (also known as my desk)*
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Zedd on August 26, 2007, 04:04:23 AM
Quote from: Fex on August 26, 2007, 03:56:49 AM
man I can't understand why you want to steal that? I find it the most fun to create it my self so I can claim it that I made it without fear that someone else can say that they did made it. but thats me *goes back to my writers table (also known as my desk)*
I dunno..Inspritation comes in two levels...One created by your own blood,sweat and major effort. Two stolen yet quicky and edited to your own tastes so no one unless carfuly inspected eyes of the real fan.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: mamakaii on August 26, 2007, 12:58:27 PM
Quote from: Zedd on August 26, 2007, 04:04:23 AM
Quote from: Fex on August 26, 2007, 03:56:49 AM
man I can't understand why you want to steal that? I find it the most fun to create it my self so I can claim it that I made it without fear that someone else can say that they did made it. but thats me *goes back to my writers table (also known as my desk)*
I dunno..Inspritation comes in two levels...One created by your own blood,sweat and major effort. Two stolen yet quicky and edited to your own tastes so no one unless carfuly inspected eyes of the real fan.

I agree.But personally,I like to create my own stuff so I can be proud of it.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Sunblink on August 26, 2007, 01:30:25 PM
Ah, Gaia Online. I'm not too surprised someone stole an artistic idea there. Unfortunately, I tend to hear a lot about stupid-stupid-stupid-stupid-effing-stupid art theft going on there, which kind of turned me off the website and community in general. If I could remember my password to my Gaia account, I would totally attack them like a loyal little slave monkey.

Is it possible to report something without being logged in? I honestly hope they take it down, or that the people who run the website are anything close to competent.

~Keaton the Black Jackal
Title: Re: Stealing DMFA ideas and using for personal --
Post by: mamakaii on August 26, 2007, 02:00:05 PM
what is gaia anyway? :erk
Title: Re: Stealing DMFA ideas and using for personal --
Post by: techmaster-glitch on August 26, 2007, 02:03:55 PM
It's an RP-website. Or so I'm told. I've never been there personally, but Rammenstien hangs out there all the time.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: mamakaii on August 26, 2007, 03:12:38 PM
i just looked at the website,it looks pretty stupid
Title: Re: Stealing DMFA ideas and using for personal --
Post by: techmaster-glitch on August 26, 2007, 03:16:56 PM
Well, rammy has told me he's part of, like, five RPs there, so there must be some good in it...
Then again, he is the absolutely insane crazy ninja guy, no wait, he's a ninjaholic, no...wait, he's a ninjaphile...no...wait...he's a ninjaphiliac. So I guess he doesn't count.

(Ha! I sullied his ninjaness yet again! :boogie Now let's see how long I can get away with it...)
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Fuyudenki on August 26, 2007, 03:42:56 PM
About 4 years ago, when I was a member, Gaia was a glorified message board with more users than bandwidth, less than one moderator per thousand users, and a horrible tendency for their PHP scripts to randomly crash because of it.  If you wanted to track a particular RP you were playing, you had to literally bookmark the thread, because between making your post and getting back to the thread, it had a tendency to fall back a page or two, and the delay between multiple users posting meant that I occasionally went searching for my threads over ten pages back, when I'd just posted an hour previous.

Ultimately, it's a big, glorified waste of time, space, money, and manpower, and 90% of the users claiming to be girls engaged in prostitution.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Tapewolf on August 26, 2007, 03:59:01 PM
To me, Gaia will always be a terrorist organisation (http://en.wikipedia.org/wiki/Edge_of_Darkness#Plot)  :P
Title: Re: Stealing DMFA ideas and using for personal --
Post by: sevva on August 26, 2007, 05:25:55 PM
Despite the fact that gaia is a horrid website for children to rave on about STD's and Teen pregnancy, there are, WERE a few good roleplays there.  Or...there were.  The one that that person is involved in, totally died because of her man-woman complex, and having to feel like she could control the entire thread, while preaching on with stolen ideas and such.
I've reported her, I just hope that between the combined efforts of all of us, and hopefully Amber too, that she is put in her damn place and shown that STEALING is WRONG wrong wrong.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Zedd on August 26, 2007, 06:46:40 PM
Stealing is bdong!

The opposite of stealing is gnodeb!
Title: Re: Stealing DMFA ideas and using for personal --
Post by: RJ on August 26, 2007, 08:36:39 PM
Quote from: Zedd on August 26, 2007, 06:46:40 PM
Stealing is bdong!

The opposite of stealing is gnodeb!

Kung Pow quotes? >_>
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Zedd on August 26, 2007, 09:44:22 PM
Quote from: RJ on August 26, 2007, 08:36:39 PM
Quote from: Zedd on August 26, 2007, 06:46:40 PM
Stealing is bdong!

The opposite of stealing is gnodeb!

Kung Pow quotes? >_>
You know it auntie RJ! *thumbs up*
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Caswin on August 26, 2007, 09:47:39 PM
Quote from: Zedd on August 26, 2007, 06:46:40 PMStealing is bdong!
Gneh... kids these days, throwing around "badong" like it's nothing, it's almost meaningless now...
Title: Re: Stealing DMFA ideas and using for personal --
Post by: AndersW on August 26, 2007, 10:55:08 PM
What are you referring to?  Could you provide a link of some kind.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Caswin on August 26, 2007, 11:17:15 PM
Quote from: AndersW on August 26, 2007, 10:55:08 PM
What are you referring to?  Could you provide a link of some kind.
It's from a very silly movie called Kung Pow.  The protagonist, Chosen One, tries to come up with a new word to accurately describe how bad and wrong killing is, and comes up with "badong".
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Naldru on August 26, 2007, 11:20:58 PM
Quote from: AndersW on August 26, 2007, 10:55:08 PM
What are you referring to?  Could you provide a link of some kind.

Search this page for badong (http://www.imdb.com/title/tt0240468/quotes)
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Saist on August 27, 2007, 12:42:02 AM
Quote from: Zedd on August 26, 2007, 09:44:22 PM
Quote from: RJ on August 26, 2007, 08:36:39 PM
Quote from: Zedd on August 26, 2007, 06:46:40 PM
Stealing is bdong!

The opposite of stealing is gnodeb!

Kung Pow quotes? >_>
You know it auntie RJ! *thumbs up*

... Auntie... RJ?
/me debates whether or not firing the Orbital Ribbon cannon on Zedd would be a "good" thing...
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Zedd on August 27, 2007, 12:49:30 AM
Quote from: je.saist on August 27, 2007, 12:42:02 AM
Quote from: Zedd on August 26, 2007, 09:44:22 PM
Quote from: RJ on August 26, 2007, 08:36:39 PM
Quote from: Zedd on August 26, 2007, 06:46:40 PM
Stealing is bdong!

The opposite of stealing is gnodeb!

Kung Pow quotes? >_>
You know it auntie RJ! *thumbs up*

... Auntie... RJ?
/me debates whether or not firing the Orbital Ribbon cannon on Zedd would be a "good" thing...
Mind you I can hear that
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Turnsky on August 27, 2007, 01:04:49 AM
heh, forgot i had a Gaia online account from the days of yore, when its community at large didn't suck.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Fex on August 27, 2007, 03:55:38 AM
man I can't remember how long it has been I have been there for the last time hell I don't know my name and password anymore. though I never liked it there I played for 4 hours ... I never get them back
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Saist on August 27, 2007, 04:04:53 AM
Quote from: Zedd on August 27, 2007, 12:49:30 AM
Quote from: je.saist on August 27, 2007, 12:42:02 AM
Quote from: Zedd on August 26, 2007, 09:44:22 PM
Quote from: RJ on August 26, 2007, 08:36:39 PM
Quote from: Zedd on August 26, 2007, 06:46:40 PM
Stealing is bdong!

The opposite of stealing is gnodeb!

Kung Pow quotes? >_>
You know it auntie RJ! *thumbs up*

... Auntie... RJ?
/me debates whether or not firing the Orbital Ribbon cannon on Zedd would be a "good" thing...
Mind you I can hear that
/me fires the confetti cannon instead!
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Caswin on August 27, 2007, 01:09:31 PM
Quote from: je.saist on August 27, 2007, 04:04:53 AM
Quote from: Zedd on August 27, 2007, 12:49:30 AM
Quote from: je.saist on August 27, 2007, 12:42:02 AM
Quote from: Zedd on August 26, 2007, 09:44:22 PM
Quote from: RJ on August 26, 2007, 08:36:39 PM
Quote from: Zedd on August 26, 2007, 06:46:40 PM
Stealing is bdong!

The opposite of stealing is gnodeb!

Kung Pow quotes? >_>
You know it auntie RJ! *thumbs up*

... Auntie... RJ?
/me debates whether or not firing the Orbital Ribbon cannon on Zedd would be a "good" thing...
Mind you I can hear that
/me fires the confetti cannon instead!
Orbital confetti cannon?

That's... wow, I'm actually having trouble counting the possibilities.  :disbelief
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Zedd on August 27, 2007, 01:13:40 PM
*Zedd knows the posblitys of driving people insane is a 4 chance out of 5..*  >:3
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Goatmon on September 04, 2007, 03:38:23 PM
Quote from: Tapewolf on August 26, 2007, 03:59:01 PM
To me, Gaia will always be a terrorist organisation (http://en.wikipedia.org/wiki/Edge_of_Darkness#Plot)  :P

Gaia can be kinda scary on the off chance that those people get organized.  I heard somewhere that they raided 4chan for 12 hours once.  4chan!
Title: Re: Stealing DMFA ideas and using for personal --
Post by: multani82 on September 04, 2007, 03:40:49 PM
Quote from: Goatmon on September 04, 2007, 03:38:23 PM
Quote from: Tapewolf on August 26, 2007, 03:59:01 PM
To me, Gaia will always be a terrorist organisation (http://en.wikipedia.org/wiki/Edge_of_Darkness#Plot)  :P

Gaia can be kinda scary on the off chance that those people get organized.  I heard somewhere that they raided 4chan for 12 hours once.  4chan!
and I remmember when 4chan would raid the tom green show   :boggle
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Goatmon on September 04, 2007, 03:55:19 PM
Quote from: multani82 on September 04, 2007, 03:40:49 PM
Quote from: Goatmon on September 04, 2007, 03:38:23 PM
Quote from: Tapewolf on August 26, 2007, 03:59:01 PM
To me, Gaia will always be a terrorist organisation (http://en.wikipedia.org/wiki/Edge_of_Darkness#Plot)  :P

Gaia can be kinda scary on the off chance that those people get organized.  I heard somewhere that they raided 4chan for 12 hours once.  4chan!
and I remmember when 4chan would raid the tom green show   :boggle

That's called karma. 
Title: Re: Stealing DMFA ideas and using for personal --
Post by: bill on September 04, 2007, 04:28:02 PM
Honestly, Gaia and 4chan trying to kill each other is probably the ideal situation for all involved.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Zedd on September 04, 2007, 05:20:37 PM
Quote from: BillBuckner on September 04, 2007, 04:28:02 PM
Honestly, Gaia and 4chan trying to kill each other is probably the ideal situation for all involved.
That goes for 7chan without saying calling themselfs the new /b
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Kamunt on September 09, 2007, 04:56:28 AM
...Just about every image board I can think of scares the crap out of me and needs to die. Die very painfully and horribly. 4chan, 7chan, luls.net, *chan, w/echan, I'm talking to you. Raid each other to death, then yell at each other for not taking pictures of it until you all e-cut each other's heads off. While they then e-run around like headless e-chickens, we can then proceed in with the final blow by posting a mass of furriness, thereby causing each of them to ASPLODE simultaneously while we use their e-heads to play e-soccer/football in an AIM chat room.

....Me, hateful? :3 Hah, nah, of course not.








:mwaha

No srsly, Fchan is the only image board that doesn't scare the crap out of me.... :O Should I find that weird?

Quote from: Turnsky on August 27, 2007, 01:04:49 AMheh, forgot i had a Gaia online account from the days of yore, when its community at large didn't suck.
Lies!, that time never existed! >.> :rolleyes

EDIT: Oh, and that's an awesome post there, so very original. I like how they really develop each of those races of creatures, I can totally picture them existing in a totally original, not-ripped-off world. I wish I could be that original.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Kirishala on September 09, 2007, 12:32:54 PM
Fortunately this sort of thing is exactly what the DMCA was designed for, a swift Takedown Notice (http://en.wikipedia.org/wiki/DMCA#Example_of_DMCA_Takedown_Provision) and they have to get rid of that Or Else.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: DMFA! on September 09, 2007, 12:47:54 PM
That's horrible =/ Stupid thieves!!!
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Saist on September 09, 2007, 01:22:34 PM
Quote from: Kirishala on September 09, 2007, 12:32:54 PM
Fortunately this sort of thing is exactly what the DMCA was designed for, a swift Takedown Notice (http://en.wikipedia.org/wiki/DMCA#Example_of_DMCA_Takedown_Provision) and they have to get rid of that Or Else.

or... else... what?

The sad fact is that the DMCA is designed for "Big Media" with "Big Money." It isn't designed for small business, home operators, or the self-employed. There is no practical way for Amber to enforce her copyright, trademark, or whatever against Gaia online. As I said when this story broke, this happens on Gaia everyday, every hour, and the staff or whatever passes for staff, has no intention of stopping or moderating it.

A complaint can be filed, yes, but it's highly unlikely that Gaia's controllers or hosting provider would respond to it. The only way they would respond is if Amber took them to court... and since Amber is in Canada, and Gaia Online is registered in San Jose California, there is a large question of jurisdiction.  There is the additional questions of court costs, travel, and so on.  If Amber tried to file in Canada, it would be brought up that DMCA is US only. Gaia Online would not have to respond to a Canadian court, and to be honest, I'd be mad as all get out if a Canadian Court thought it could control anybody in the US.

So. No. The DMCA was in no way designed to deal with theft like this. It never was, and likely will never be modified to do so.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Naldru on September 09, 2007, 06:59:11 PM
Admittedly, it can be messy, but you also have to remember that American copyright laws are based on international treaties.  There is, however, a very good reason to file a complaint even if you don't plan to take further action.

The courts often expect people to use due diligence to enforce your rights.  By sending the notice, you show that you are not giving tacit approval to the use of your  material.  That's why Disney, Warner Brothers, and other large companies send out so many warning letters.

Now, there is another approach, for those with a nasty legal mind.  If you can identify copyrighted material belonging to Sony, Walt Disney, Paramount, Warner Brothers, etc., you can send a letter to that firm indicating that the unauthorized use of their property was uncovered in an attempt to end unauthorized use of your own material.

Now, that company has a vested interest in going after the site in order to show due diligence in protection of their property.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: GabrielsThoughts on September 09, 2007, 07:03:57 PM
aha! but amber originally published the work in the USA so therfore...I have no I dea what I'm talking about.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Naldru on September 09, 2007, 07:14:17 PM
Quote from: GabrielsThoughts on September 09, 2007, 07:03:57 PM
aha! but amber originally published the work in the USA so therfore...I have no I dea what I'm talking about.
Go to the website for copyright information from the World Intellectual Property Organization (http://www.wipo.int/copyright/en/).  The United States of America and Canada are both contracting parties to the Berne Convention (http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=15).
Title: Re: Stealing DMFA ideas and using for personal --
Post by: GabrielsThoughts on September 09, 2007, 07:23:53 PM
I have copyright documents at home for my NIO comic, but what I'm questioning is the whole cut n' paste operation, we could just ask that it is attributed to Amber, rather than "BURN IT!!!" or "remove it", you might get more co-opperation from whomever.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: superluser on September 09, 2007, 07:52:12 PM
Quote from: Naldru on September 09, 2007, 06:59:11 PMAdmittedly, it can be messy, but you also have to remember that American copyright laws are based on international treaties.

What you have to remember is that Amber would have to travel to California and hire and pay lawyers to file a suit.

On the other hand, they might simply respond to a cease and desist letter.  Those usually get some attention, and you could probably do that from Canada and it would have the same effect.

Heck, I could pretend to be a lawyer acting on Amber's behalf and it might get the same effect.  Or I could get sued for practicing law without a license.  :<

Quote from: Naldru on September 09, 2007, 06:59:11 PMThe courts often expect people to use due diligence to enforce your rights.

This is true for trademarks and I think it's true for patents.  It used to be true for copyrights, but not anymore.  In the US (and very likely in Canada), you do not have to aggressively protect your rights and sue every poor soul that tries to use your work.  You may risk the possibility of lower awards, but you will not lose your copyright that way.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Naldru on September 09, 2007, 09:25:09 PM
I agree with almost everything that was said, and I think that some of what I said was misunderstood.

I agree that due diligence on copyrights is not required any more.  (This is based on the Berne Convention, which eliminated the need.)  However, sending letters doesn't hurt and may resolve the problem.  In addition, my understanding is that almost all judicial organizations (American, Canadian, and international) expect you to have made some attempt at resolution outside the judicial process before they will take any action on a case.

Coming to an agreement is always more pleasant, and most courts want efforts to have taken place before you take it to court.  Yes, they might agree to attribution, and that would be sufficient.  (I am thinking of the legal battle between New York University (NYU) and the Jim Henson organization.  People at NYU had written a telecommunications program called Kermit.  After NYU admitted that the name of the package was based on the Muppet, the Jim Henson organization gave NYU permission to use the name.)

You don't want to pretend to be a lawyer.  The cease and desist letters are normally sent by the organization holding the intellectual property rights, not a lawyer.  Having the letter  state that it comes from a lawyer would be the best indication that it doesn't come from a lawyer.  (The real sign that it comes from a lawyer is that it is often sent certified mail.)

If the web site and the people running the server are totally uncooperative, I meant that you could send information to the other people whose intellectual property (IP) was violated.  Or you could send the letter with a list of items violating your IP rights and also indicating violations against other firms such as Disney, Warner Brothers, Paramount, Sony, etc.  The appearance of items of the other companies' IP would imply a threat to share information with those companies.  For these companies, the infringed IP rights include trademarks, copyrights, and service marks, and they have a reputation for vigorous enforcement.  (Try writing your own Tarzan novel and watch the fireworks.)

As with dealings with any other organization, try to be pleasant and cooperative at first.  You can always switch to the bitch from hell later, if necessary.  (I am hoping that this wording is acceptable on a PG board.  I will not take it amiss if the moderators want to replace some letters with asterisks.)

Title: Re: Stealing DMFA ideas and using for personal --
Post by: Alondro on September 09, 2007, 09:38:59 PM
*Charles sidles in, slithering from the darkness is a very unsettlingly serpentine manner*  Hisss!  Amber could ssssell her copyright to my animation company and I could prosssssecute the theivesssss.

Of course, I'd asssssk for a little compensation.  Nothing much, just Charline becoming the main villain, my corporate crew desinging a nice politically-correct cartoon movie series for direct-to-video release, and all artwork would be made in Korea and Australia where I can hire artists for less than nothing to make my mediocre productions.   >:3

*Yep, Charles has now stooped to Disney-level evil!*   :mwaha
Title: Re: Stealing DMFA ideas and using for personal --
Post by: superluser on September 09, 2007, 09:54:51 PM
Quote from: Naldru on September 09, 2007, 09:25:09 PMHaving the letter  state that it comes from a lawyer would be the best indication that it doesn't come from a lawyer.  (The real sign that it comes from a lawyer is that it is often sent certified mail.)

Well, sure.  If you write in crayon I M TOTALY A LAYUR, then that's not going to cut it.  But if you write it on letterhead saying, ``FLEXNER, SWAINE, SNELL, WILMER, SHAUGHNESSY & PARTNERS, L.L.P.,'' and attach a boilerplate (http://www.utsystem.edu/ogc/intellectualproperty/contract/cease.htm), they might not pay enough attention to figure out that it's bogus.

(Kids, don't pretend to be lawyers.)
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Naldru on September 09, 2007, 10:13:48 PM
Quote from: superluser on September 09, 2007, 09:54:51 PM
Quote from: Naldru on September 09, 2007, 09:25:09 PMHaving the letter  state that it comes from a lawyer would be the best indication that it doesn't come from a lawyer.  (The real sign that it comes from a lawyer is that it is often sent certified mail.)

Well, sure.  If you write in crayon I M TOTALY A LAYUR, then that's not going to cut it.  But if you write it on letterhead saying, ``FLEXNER, SWAINE, SNELL, WILMER, SHAUGHNESSY & PARTNERS, L.L.P.,'' and attach a boilerplate (http://www.utsystem.edu/ogc/intellectualproperty/contract/cease.htm), they might not pay enough attention to figure out that it's bogus.

(Kids, don't pretend to be lawyers.)
Ah yes, but you don't know the secret handshake inserted by steganography into all legal documents.  Seriously, I haven't seen lawyers who write letters claim to be lawyers.  If a document is required to be prepared by a lawyer, they will indicate the nature of their authorization to present the document  (where are they licensed to practice law).  In fact, if you ask tham if they are a lawyer, they will say something like "I am not acting as a lawyer".  Now, they may list the title of Legal Counsel, but I don't believe that that means that they are a lawyer.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: superluser on September 09, 2007, 10:50:22 PM
If it looks like this (http://www.politechbot.com/kirkland/cease-and-desist.p1.jpg), they'll probably pay attention.  Also note that it wasn't sent by certified mail.

(But pretending to be a lawyer is still dumb)
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Naldru on September 09, 2007, 11:18:04 PM
Take a look at the document again and the reference to the attachment.  The attachment is a legal court document and would include the certification information for the lawyer.  Nowhere in the letter does the writer indicate that he is a lawyer.  The only indication that it is from a legal firm is the message in the lower left hand corner.  All statements refer to what the city intends and not what the law firm intends.  It wasn't sent certified mail but Federal Express also provides proof of delivery.

What I'm saying is that if you knew enough to sound like a lawyer, you wouldn't pretend to be a lawyer.  Any deception is unnecessary and can come back to haunt you later.  (If you would lie about being a lawyer, what else might you have lied about.  If the lawyer can prove you lied about anything, he can ask the judge to distrust everything you say.  Of couse, it's up to the judge as to what he will actually believe.)

The person who wrote the letter is not practicing law because he (or she) isn't claiming to be a lawyer and isn't claiming to be doing anything.  (It's the city that is taking actions)  He isn't even saying "my client".  After this, I intend to say no more on this topic.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: superluser on September 10, 2007, 01:32:38 AM
Quote from: Naldru on September 09, 2007, 11:18:04 PMNowhere in the letter does the writer indicate that he is a lawyer.

Well, it does say that he's from the firm representing the city.  You (http://www.drunkenblog.com/drunkenblog-archives/i/mxs_cease_desist.png) can find (http://byronsolomon.com/blog/ImageBrowser/Waffle-House-Cease-and-Desist-800.jpg) many other (http://www.scifi.com/sfw/issue37/letter2.gif) examples of (http://www.2600.com/news/1018-files/gm.gif) Cease and (http://www.maccompanion.com/archives/October2006/Columns/Podcasting_files/image002.png) Desist letters (http://www.maccompanion.com/archives/October2006/Columns/Podcasting_files/image003.png) online.  Some state explicitly that they are lawyers.  Others do not.  Most come from letterhead that's pretty obviously a law firm's.

Quote from: Naldru on September 09, 2007, 11:18:04 PMWhat I'm saying is that if you knew enough to sound like a lawyer, you wouldn't pretend to be a lawyer.  Any deception is unnecessary and can come back to haunt you later.

Yup.  All I'm saying is that nastygrams can convince some businesses to roll over--especially if they look reasonably realistic.

Quote from: Naldru on September 09, 2007, 11:18:04 PMAfter this, I intend to say no more on this topic.

What he said.
Title: Re: Stealing DMFA ideas and using for personal --
Post by: llearch n'n'daCorna on September 10, 2007, 05:49:36 AM
Quote from: Naldru on September 09, 2007, 09:25:09 PM
As with dealings with any other organization, try to be pleasant and cooperative at first.  You can always switch to the bitch from hell later, if necessary.  (I am hoping that this wording is acceptable on a PG board.  I will not take it amiss if the moderators want to replace some letters with asterisks.)

We presume that the PG rating is reasonably flexible, and that the readers are fairly intelligent and not easily upset. On that basis, the odd swear word is acceptable, as long as you don't abuse it.

Simple, really. Behave, and you get treated like an adult. Misbehave, and we deal with you like you're a child. *shrug*

Quote from: Alondro on September 09, 2007, 09:38:59 PM
... Nothing much, just Charline becoming the main villain, my corporate crew desinging a nice politically-correct cartoon movie series for direct-to-video release, ...

Er, yeah. How was that done? Remove all the singing that's in the script? ;-]
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Alondro on September 10, 2007, 09:33:47 AM
Quote from: llearch n'n'daCorna on September 10, 2007, 05:49:36 AM

Quote from: Alondro on September 09, 2007, 09:38:59 PM
... Nothing much, just Charline becoming the main villain, my corporate crew desinging a nice politically-correct cartoon movie series for direct-to-video release, ...

Er, yeah. How was that done? Remove all the singing that's in the script? ;-]

*Charline erms*  Yes!  That's exactly it!  You know how Disney always has too much singing!  That's exactly what I meant 100%.  Yup.   :B
Title: Re: Stealing DMFA ideas and using for personal --
Post by: DarkAudit on September 10, 2007, 10:02:10 AM
Just send a DMCA takedown notice to their ISP. if Slashdot is to be believed, the notice could be written in crayon on toilet paper and they'd still comply.  :erk
Title: Re: Stealing DMFA ideas and using for personal --
Post by: Zedd on September 11, 2007, 07:18:44 PM
Only one thing to say...Dish out the happycats pirates! (http://loopzy.com/files/Happycat.Pirates.swf)
Title: Re: Stealing DMFA ideas and using for personal --
Post by: kalika36 on September 19, 2007, 02:27:11 AM
i dunno if anyone has checked recently but that girl who stole amber's stuff actually did post credit to her finally :zombiekun2
Title: Re: Stealing DMFA ideas and using for personal --
Post by: llearch n'n'daCorna on September 19, 2007, 04:44:17 AM
Nice to see she's gone that far. Although noting that the bit put at the top would probably have resolved the issue completely with only one sentence - "I've put this here because I keep losing the link" implies that it's not theirs, and they're copying it directly from somewhere else, which is enough, generally speaking.

All the rest of it is excess waffle. Appreciated, but excess waffle. ;-]

... comments about how it's linked on the top of Amber's homepage, and how hard it is to lose that, I'll just keep to myself. ;-]
Title: Re: Stealing DMFA ideas and using for personal --
Post by: bill on September 19, 2007, 06:12:38 AM
Quote from: llearch n'n'daCorna on September 19, 2007, 04:44:17 AM
... comments about how it's linked on the top of Amber's homepage, and how hard it is to lose that, I'll just keep to myself. ;-]
Gaia member. Enough said.