copyright issues in the "sell content" forum

Discussion in 'Support & Feedback' started by good links, Nov 14, 2006.

  1. T0PS3O

    T0PS3O Feel Good PLC

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    #21
    Yes, we would not have any unambiguous means of knowing whether the seller has the rights to sell it or not.

    We leave it to the buyers' best judgement and decide whether to play it safe or to take the risk of buying unlicensed goods/services/software etc.

    It's like eBay really. Buyers should exercise caution when buying from people they ultimately don't know. And to protect rights owners we have suitable avenues to remove illegal content.
     
    T0PS3O, Nov 14, 2006 IP
  2. • • • AdA • • •

    • • • AdA • • • Peon

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    #22
    Sorry but this is shameful
     
  3. digitalpoint

    digitalpoint Overlord of no one Staff

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    #23
    If you own a copy of Microsoft Vista, you are allowed to resell it. I wouldn't advise selling pirated copies (if that's what you're asking) because Microsoft would take you to court and we would cooperate with their investigation.
     
    digitalpoint, Nov 14, 2006 IP
  4. netdeals

    netdeals Guest

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    #24
    I think that its buyers duty to check if he's buying legitmate thing. The mods and gods cant monitor all activites. I dont think it would be easy for anyone to check if anyone selling a software of other thing have resell rights. Its buyers duty to ask for and inquire for. Mods cant make a second post asking the person that put on some proof that the software belongs to you. I totally agreed with digitalpoint the one who will be proved to be guilty should face some action.
     
    netdeals, Nov 14, 2006 IP
  5. good links

    good links Peon

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    #25
    1.) Sometimes it's really hard to know if the seller has all rights for his offer so one has to trust him/her. Some sellers missuse this trust and they shouldn't get away with that... but they will, as I was told by the previous posters :-(

    2.) What's really frustrating is that if you find out that something that is your work is sold illegaly on these forums. For example AdA found out (through me) that her artwork is offerd illegaly on this forum and all we tell her is that there isn't anything we will to about it because we are no lawers and it's not our problem. I don't think she has a good impression about this forum now. But we don't care, right?
     
    good links, Nov 14, 2006 IP
  6. digitalpoint

    digitalpoint Overlord of no one Staff

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    #26
    So what happens if someone else comes along and says AdA isn't the rightful owner, then what would you suggest? Simply take the latest claim as the only valid one?
     
    digitalpoint, Nov 14, 2006 IP
  7. sarahk

    sarahk iTamer Staff

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    #27
    So, when a complaint is laid you expect the forum owners to work out this stuff

    * Ada is the creator of the images
    * Ada has previously bought the images and psd from another person
    * Ada has bought the images and psd but didn't buy exclusive rights

    * The seller has not bought resale rights from Ada
    * Ada has not put her images up for free to sabotage the sale made by someone with a legal right to them
    * Ada has put appropriate GPL clauses on her work so that they may not be sold.

    Now, this is an example and not meant to cast judgement in this case. It's merely highlighting some of the issues we've seen.

    Afterall the images do appear to be free. What has been done to prohibit their sale by a third party?
     
    sarahk, Nov 14, 2006 IP
  8. good links

    good links Peon

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    #28
    everybody keeps telling me why we can't do anything about it (and I understand most arguments) but nodody tries to look at it from the other viewpoint. Imagine you are AdA and you are really the original artist. you find out that someone is trying to make money out of you hard work without asking. you come here and probably think, the mods will help you and then you read this thread. try to see it from her perspektive!

    she even found out where the other icons come from
    http://forums.digitalpoint.com/showpost.php?p=1747981&postcount=8

    don't tell me that this is no proof at all, it's really obvious what happened here: http://forums.digitalpoint.com/showthread.php?t=178280

    and I am just talking about this specific example...
     
    good links, Nov 14, 2006 IP
  9. digitalpoint

    digitalpoint Overlord of no one Staff

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    #29
    This forum is not setup to be a legal system. If any user has any legal issues with anyone (in this forum or otherwise), I would suggest using the real legal system to deal with it (that's what it's there for).

    If this forum did start becoming a jury and judge for legal issues it could open up a whole can of issues. For example, what if we pass judgment on someone that's wrong, it could open us up to real lawsuits (dafamation of character for example).
     
    digitalpoint, Nov 14, 2006 IP
  10. good links

    good links Peon

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    #30
    i give up now
     
    good links, Nov 14, 2006 IP
  11. Mike S.

    Mike S. Well-Known Member

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    #31
    Ada is also involved in copyright issues as the member is using Apple's trademark.
     
    Mike S., Nov 14, 2006 IP
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  12. • • • AdA • • •

    • • • AdA • • • Peon

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    #32
    Eing?? What are you saying?

    -----

    This forum is in charge of all posts which they are published, then also is in charge for which designs without the permission of the author are sold, If I want to denounce for using my icons for commercial use will go to the person in charge of this forum.
     
  13. • • • AdA • • •

    • • • AdA • • • Peon

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    #33
    http://www.mcu.es/jsp/plantilla_wai.jsp?id=52&area=propint

    6. ¿Cuándo una obra o prestación está protegida?
    Se protegen desde el momento de su creación, recibiendo los titulares la plena protección de la ley desde ese momento y sin que se exija el cumplimiento de ningún requisito formal.

    If you don´t understand the Spanish, translate it !!
     
  14. Mike S.

    Mike S. Well-Known Member

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    #34
    Yes, you are protected. However, this forum has no obligations unless requested by the courts. Almost any laywer would laugh in your face if you try to begin a lawsuit because you are offering a download, and somebody is trying to sell your work. WHY? Because you yourself are "breaking the law" by violating Apple's copyright, which is definately trademarked.

    I can bet that if your site was ever posed as a threat to Apple, they would first ask you to remove their trademark from your work, or they might just jump to a lawsuit. Who knows? Maybe you should ask them yourself what would happen? :p
     
    Mike S., Nov 15, 2006 IP
  15. • • • AdA • • •

    • • • AdA • • • Peon

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    #35
    But my icons are free and I don´t receive anything to download them for personal use NON COMERCIAL , is very different. Yes or yes?
     
  16. Mike S.

    Mike S. Well-Known Member

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    #36

    No, because you are benefiting from having people visit your site because of such content. Any revenue and traffic you receive are from your content, and Apple's trademark is contained in content you claim as your own. Don't believe me? Ask a laywer.
     
    Mike S., Nov 15, 2006 IP
  17. • • • AdA • • •

    • • • AdA • • • Peon

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    #37
    I don ´t get anything that the people visit my site (It´s a blog not a web or a forum as this ) , everything what I do is for hobby, don´t you understand it? , you´re very bad informed.
    Before saying some lie please , Find out! Ok?
     
  18. PalSys

    PalSys palsys.io

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    #38
    Even if all you receive from the site is traffic and noteriety, it's still a copyright issue.
     
    PalSys, Nov 17, 2006 IP
  19. seo-mumbai

    seo-mumbai Well-Known Member

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    #39
    you have started this thread saying that guy was selling your icones now i can see he is banned , max action that forum management can take is banning them from forum they already did it i dont know what u r expecting more.Second thing if u are giving icones for free with others trademark is illegal too , now if i put vista for free download saying i,am noncomercial will it make sense?.Plz regester your products and claim at right place , u kept for free download open to all atleast 1% guys will try to misuse them that is comman.Finally there is 1 option called spy in forum see every min whats happining and how many posts are done,then say how many members team is req to review and approve posts :D
     
    seo-mumbai, Nov 17, 2006 IP
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  20. • • • AdA • • •

    • • • AdA • • • Peon

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    #40
    Again? Already I have said it that I don ´t get anything for the traffic in my web (And it isn´t a web is a blog !!! ), I don´t know because you don´t understand me, but is very simple.

    I would like that this topic was ended here, because I´m tired of reading to lies.
     
    seo-mumbai and Robert Allen like this.