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Old 10-03-2008, 08:35 PM   #1 (permalink)
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How do you deal with pirated content you bought in good faith?

So, I've been dragged into the texture wars. I mentioned in this thread that I own (ungodly number) of TRU textures. I haven't bought anything there since Dec 2007.

Today I get an IM from Vryl Valkyrie telling me that the texture set on my most popular skybox was sold by TRU without permission. Which, I have little doubt that it probably was, given my own experiences with Lilybeth.

The IM directs me to this article:
SLNN EXCLUSIVE: When the the rightful IP owner steps up

where I see in the comments that Vryl has been asking people to buy the legitimate versions of the textures. I'm ok with doing so EXCEPT that she tells me the cost for this particular set is $8000L (I paid $1000L at TRU in July 2007 for the set.)

I'm really torn. I would certainly like to compensate the correct creator, but $8000L is an outrageous price.

Plus her IM tells me there is going to be a DMCA for the existing texture set so I have no choice.

I don't much like being threatened and think this is being handled exceedingly poorly -- yet I also understand that these people have been ripped off.

What to do?
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Old 10-03-2008, 08:39 PM   #2 (permalink)
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Not much you can do. Either pay the original content creator, use different textures, or fight it.

It seems the real issue is between you and TRU. They owe you your money back.
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Old 10-03-2008, 09:13 PM   #3 (permalink)
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Old 10-03-2008, 09:18 PM   #4 (permalink)
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In this case, the DMCA will not effect you unless they specifically file it against the objects in world that you've used it on. I've been trying since August to have two items blacklisted and so I wouldn't worry about them being disabled.

I do buy the original set, and let the original creator know if they don't already. I also file an abuse report and spread the word amongst my friends, or in shopping groups when someone recommends them. I think in this case though, it's old news and the damage has been done. There's no reason Vryl should be picking on you in particular when there's a multitude of other fish to fry using the same textures.
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Old 10-03-2008, 09:23 PM   #5 (permalink)
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I had a long chat with the creator of the texture set. It seems that she took ornamental elements from the Marlin CD's and created this 3-D building set using the ornaments, so the actual set is not Marlin work, just some of the elements incorporated.
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Old 10-03-2008, 09:26 PM   #6 (permalink)
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How many textures is that for L$8000. I see single 1024x1024 textures from $2 on a web texture store.

Thieves like TRU have destroyed the accepted values of textures in SL by giving everyone a unrealistic position of what they're actually worth.
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Old 10-03-2008, 09:36 PM   #7 (permalink)
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Quote:
Originally Posted by Isablan Neva View Post
I had a long chat with the creator of the texture set. It seems that she took ornamental elements from the Marlin CD's and created this 3-D building set using the ornaments, so the actual set is not Marlin work, just some of the elements incorporated.
I'm not sure I can believe LillyBeth.
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Old 10-03-2008, 09:43 PM   #8 (permalink)
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Quote:
Originally Posted by Kristian View Post
How many textures is that for L$8000. I see single 1024x1024 textures from $2 on a web texture store.

Thieves like TRU have destroyed the accepted values of textures in SL by giving everyone a unrealistic position of what they're actually worth.

Well, that's the thing. The artist who made my set used bits and pieces from a Marlin set, all I can buy from Vryl is the bits and pieces. I'm using maybe 6 textures that have the Marlin ornaments. The entire CD of 325 textures is $159.

Frankly, I'd be better off buying the CD than paying her $30 USD for the few bits I'm using.


This was the CD http://www.marlinstudios.com/products/st6/st6.htm
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Old 10-03-2008, 09:44 PM   #9 (permalink)
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I'm not sure I can believe LillyBeth.

Wasn't Lillybeth - the texture artist was Satir DeCuir.
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Old 10-03-2008, 09:51 PM   #10 (permalink)
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Have you tried negotiating a lower price with Vryl? Seems reasonable for him/her to give you a discount considering the circumstances.

Otherwise I think you should just change the textures that you use to ones that give a better value for the lindens. It will suck, but it's better than being held hostage by a bad situation, which in essence is what the "pay the $L8000 price or else" talk is.

Good luck!
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Old 10-03-2008, 09:56 PM   #11 (permalink)
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This is an interesting question from an ethical (non-legal) perspective. So here is a texture that you purchased in good faith round about a year or so ago.

Someone claiming copyright has decided to be a vaguely extortionistic dick about content that might or might not be theirs. It isn't a great way to endear yourself to future customers. It reminds me too much of the SCO extortion of: "Linux contains code we own so pay us this license fee so we don't sue you in the future. What code are we talking about? We don't really know but pay up anyway". Needless to say, SCO didn't get much revenue from that gambit and lost them any customer goodwill they might have had.

I think the proper way to have handled this would have been for the putative owner to grant visible amnesty for innocent third parties, if the textures really are theirs to begin with.

I've commented on the alternative approach before which allows anyone to claim ownership of anything you didn't make yourself at any time they feel it advantageous. This would have a chilling effect upon legitimate commerce.

In so far as law attempts to resolve disputes or crimes fairly, you can find a dog's breakfast of various state laws that do speak to the issue of an innocent (unknowing) recipient of stolen property and attempts to mitigate liability to the innocent. Yeah, if you innocently buy a stolen car, you probably don't get to keep it but neither do you go directly to jail for it.

For $4 worth of textures? Meh. I'd swap 'em out or ignore the claim mostly based on their approach to rectification and the lack of timely action by the putative rights owner.

Quote:
Originally Posted by Isablan Neva View Post
I'm really torn. I would certainly like to compensate the correct creator, but $8000L is an outrageous price.

Plus her IM tells me there is going to be a DMCA for the existing texture set so I have no choice.

I don't much like being threatened and think this is being handled exceedingly poorly -- yet I also understand that these people have been ripped off.

What to do?
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Old 10-03-2008, 10:31 PM   #12 (permalink)
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Quote:
Originally Posted by Malachi View Post
\Yeah, if you innocently buy a stolen car, you probably don't get to keep it but neither do you go directly to jail for it.
You don't have to pay Toyota for it either.

If the thief stole the car and sold it to you. Why should YOU be the one paying restitution to the sales lot or manufacturer? For every instance of the texture they find, they should send the "thief" the bill.

$159 USD for each CD? Let's figure the textures were sold to 200 people. (/me clicks away on her Vista Sidebar Calculator). That's $31,800 USD. I bet this person will think twice before reselling unlicensed textures again.
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Old 10-03-2008, 11:23 PM   #13 (permalink)
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This is how you handle things? You have not even contacted me first of all. Secondly, I never threatened you with a DMCA. I was actually very nice with you so let's stick with the facts shall we? Finally, you have used the textures on your commercial builds for more than just this one Skybox which some could also say is outrageously priced at 2500 Lindens and since 2007 so I am quite sure that you have been more than compensated for whatever the texture set costs.. which by the way.. has over 200 textures so is well worth the price.

Yes you are making money on the textures so you should of course do the right thing. Actually, what I said to you was this: " I would like to ask you to please buy a legal version of these textures when you get a chance.. ..." that does not sound like a threat to me.

Shame on you for bringing it to the forums instead of contact me directly. I also never once put blaim on you for even having them. I simply asked you since you are using them commercially to do the right thing and buy them, which I might add is a mere fraction of the cost had you been forced to buy the CD License instead of just the SL license.

Yes I have the legal right to ask you for compensation but instead just ask you to please buy the legal textures.. over 200 WHEN you get a chance! That is NOT unreasonable!

I also kindly explained to that when using the FREE Josef Tear textures, another artist whom I represent, that you need to please at least give him credit.. this is part of the license agreement and only normal, especially considering they are free.

DMCA was never once mentioned. I was letting you know that my lawyer is working to have these textures and other illegal versions removed from the database and maybe you should consider to retexture when you have a chance. This is something we have been working on BEFORE this IM.. an IM you NEVER responded to!

If you were so concerned with doing the so called "right" thing, you would not have come here to try and publicly humiliate me or make me look like the bad guy. You would have simply contacted me privately as I did you. I could have done the same, come here and start some drama fest forum thread to gain public support but I have been down that route before and let me say from past experience it was ALL downhill and I quickly learned that it was NOT the way to go.

Quote:
Originally Posted by Isablan Neva View Post
So, I've been dragged into the texture wars. I mentioned in this thread that I own (ungodly number) of TRU textures. I haven't bought anything there since Dec 2007.

Today I get an IM from Vryl Valkyrie telling me that the texture set on my most popular skybox was sold by TRU without permission. Which, I have little doubt that it probably was, given my own experiences with Lilybeth.

The IM directs me to this article:
SLNN EXCLUSIVE: When the the rightful IP owner steps up

where I see in the comments that Vryl has been asking people to buy the legitimate versions of the textures. I'm ok with doing so EXCEPT that she tells me the cost for this particular set is $8000L (I paid $1000L at TRU in July 2007 for the set.)

I'm really torn. I would certainly like to compensate the correct creator, but $8000L is an outrageous price.

Plus her IM tells me there is going to be a DMCA for the existing texture set so I have no choice.

I don't much like being threatened and think this is being handled exceedingly poorly -- yet I also understand that these people have been ripped off.

What to do?

Last edited by Vryl Valkyrie; 10-03-2008 at 11:28 PM.
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Old 10-03-2008, 11:39 PM   #14 (permalink)
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Originally Posted by Aimee Weber View Post
They owe you your money back.
they should refund everyone..
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Old 10-03-2008, 11:41 PM   #15 (permalink)
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Quote:
Originally Posted by Vryl Valkyrie View Post
This is how you handle things? You have not even contacted me first of all. Secondly, I never threatened you with a DMCA. I was actually very nice with you so let's stick with the facts shall we? Finally, you have used the textures on your commercial builds for more than just this one Skybox which some could also say is outrageously priced at 2500 Lindens and since 2007 so I am quite sure that you have been more than compensated for whatever the texture set costs.. which by the way.. has over 200 textures so is well worth the price.

Yes you are making money on the textures so you should of course do the right thing. Actually, what I said to you was this: " I would like to ask you to please buy a legal version of these textures when you get a chance.. ..." that does not sound like a threat to me.

Shame on you for bringing it to the forums instead of contact me directly. I also never once put blaim on you for even having them. I simply asked you since you are using them commercially to do the right thing and buy them, which I might add is a mere fraction of the cost had you been forced to buy the CD License instead of just the SL license.

Yes I have the legal right to ask you for compensation but instead just ask you to please buy the legal textures.. over 200 WHEN you get a chance! That is NOT unreasonable!

I also kindly explained to that when using the FREE Josef Tear textures, another artist whom I represent, that you need to please at least give him credit.. this is part of the license agreement and only normal, especially considering they are free.

DMCA was never once mentioned. I was letting you know that my lawyer is working to have these textures and other illegal versions removed from the database and maybe you should consider to retexture when you have a chance. This is something we have been working on BEFORE this IM.. an IM you NEVER responded to!

If you were so concerned with doing the so called "right" thing, you would not have come here to try and publicly humiliate me or make me look like the bad guy. You would have simply contacted me privately as I did you. I could have done the same, come here and start some drama fest forum thread to gain public support but I have been down that route before and let me say from past experience it was ALL downhill and I quickly learned that it was NOT the way to go.

ok, for one , she did not come her to make you look bad, she was asking for advice pure and simple. Also she is NOT reselling the textures as is, they are used in her builds. She is making money from her builds not your textures.

Go after TRU, not the other residents. They are not accountable for what as happened, the person that SOLD the textures is.
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Old 10-03-2008, 11:42 PM   #16 (permalink)
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Quote:
Originally Posted by Vryl Valkyrie View Post
...you would not have come here to try and publicly humiliate me or make me look like the bad guy.
I think you just did a fine job of that all by yourself.

Welcome to SLU.
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Old 10-03-2008, 11:42 PM   #17 (permalink)
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Excuse me, but how is this not a threat?

[14:44] Vryl Valkyrie: For the record, we plan to have these textures removed the database in the upcoming months so I would recommend to retexture with the legal versions asap


I've seen the shots of the this entire collection here
Seamless Textures 6: Classic Architectural Ornaments - stock photography images. Royalty free pictures and photos on disc or for download by Marlin Studios.

Satir DeCuir clearly used elements included in the set. I count exactly 6 textures from the set that ended up in my build. You, my dear, are not even the original texture artist: Eni Oken is. I have found her website and am arranging payment directly with her. I will compensate the actual creator, not some heavy handed mafia intermediary running around SL playing texture police.

Have a nice life, go bother someone else.
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Old 10-03-2008, 11:44 PM   #18 (permalink)
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Quote:
Originally Posted by Isablan Neva View Post
I had a long chat with the creator of the texture set. It seems that she took ornamental elements from the Marlin CD's and created this 3-D building set using the ornaments, so the actual set is not Marlin work, just some of the elements incorporated.
This is just not true.. if you call merging Marlin layers with other Marlin layers and making some Marlin layers alphas original works, then yes ok.

Even if what you are saying IS true and it is NOT.. it still does violate our license... a license which you do not have.
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Old 10-03-2008, 11:48 PM   #19 (permalink)
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Quote:
Originally Posted by Vryl Valkyrie View Post
This is just not true.. if you call merging Marlin layers with other Marlin layers and making some Marlin layers alphas original works, then yes ok.

Even if what you are saying IS true and it is NOT.. it still does violate our license... a license which you do not have.
i am going to call your bluff here. if you really have legal counsel then your lawyer would have stated NOT to discuss anything to anyone, as you could damage your case....


just sayin'
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Old 10-03-2008, 11:55 PM   #20 (permalink)
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Quote:
Originally Posted by Isablan Neva View Post
Excuse me, but how is this not a threat?

[14:44] Vryl Valkyrie: For the record, we plan to have these textures removed the database in the upcoming months so I would recommend to retexture with the legal versions asap


I've seen the shots of the this entire collection here
Seamless Textures 6: Classic Architectural Ornaments - stock photography images. Royalty free pictures and photos on disc or for download by Marlin Studios.

Satir DeCuir clearly used elements included in the set. I count exactly 6 textures from the set that ended up in my build. You, my dear, are not even the original texture artist: Eni Oken is. I have found her website and am arranging payment directly with her. I will compensate the actual creator, not some heavy handed mafia intermediary running around SL playing texture police.

Have a nice life, go bother someone else.

Please be sure to post IM content out of SL which is a clear violation of the Linden Lab ToS and while you are doing it, take it out of context too.

By the way, learn to not lie.
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