I hope Gaia is sued over this.

[Acidic Corruption]

Calelith

KittieCupcakes

Teefie

I disagree. I don't think Gaia will come into any problems because of their homage/parody items, because of Fair Use. What's not technically Fair Use is what Tekton was doing. i personally feel like gaia should have attempted to buy out Tektek, at least that part of the website, or even his avatar site too. I think it is in within gaia's legal grounds to send him a C&D and it's awesome they hadn't for years, but really, it's a huge grey area and up to the company whether or not they allow stuff like that to happen. but i feel confident that Gaia wont get sued over their items, nor should they.

No way should Gaia ever, ever, ever buy out recolor.
People went to that site to get away from the garbage dump that is gaiaonline.

"Iä! Iä! Cthulhu fhtagn!"

How is Recolor.me any better then Gaia?

"Ph’nglui mglw’nafh Cthulhu R’lyeh wgah’nagl fhtagn."

I fail to see how people like recolor.me.
I don't understand the appeal.

[Blackrose_The_Knight]

Teefie

I disagree. I don't think Gaia will come into any problems because of their homage/parody items, because of Fair Use. What's not technically Fair Use is what Tekton was doing. i personally feel like gaia should have attempted to buy out Tektek, at least that part of the website, or even his avatar site too. I think it is in within gaia's legal grounds to send him a C&D and it's awesome they hadn't for years, but really, it's a huge grey area and up to the company whether or not they allow stuff like that to happen. but i feel confident that Gaia wont get sued over their items, nor should they.

It would make my year if Nintendo came after Gaia. I am tired of Gaia being a souless, rabid, corporate animal. Turnabout play is fair in my eyes. Yes, I am that bitter, angry, hateful, and pissed at Gaia's new management. I have no trust in this company, and it lack of ethics.

That said, I do believe most items fall under fair use and my mental revenge porn is a pipedream. But it still makes me giggle with glee thinking about it. I like it when corporate animals eat each other alive.

That said, while Gaia may have a case for pursuing Tekton, their product (item arranger and such) are shameful compared to what Tekton put together. I think Gaia as a company is shooting themselves in the foot here if they don't work something out with him. He has the superior product hands down. Gaia knows it. What they do next... will be interesting.

[asmuwudeus]

KittieCupcakes

Teefie

I disagree. I don't think Gaia will come into any problems because of their homage/parody items, because of Fair Use. What's not technically Fair Use is what Tekton was doing. i personally feel like gaia should have attempted to buy out Tektek, at least that part of the website, or even his avatar site too. I think it is in within gaia's legal grounds to send him a C&D and it's awesome they hadn't for years, but really, it's a huge grey area and up to the company whether or not they allow stuff like that to happen. but i feel confident that Gaia wont get sued over their items, nor should they.

No way should Gaia ever, ever, ever buy out recolor.
People went to that site to get away from the garbage dump that is gaiaonline.

I said tektek, not recolour. razz

[CrystaI Sailor Saturn]

This thread made me laugh so damn hard. Sue Gaia over IP of other works? Hello Gaia isn't the only avatar community that has parody items of popular media. I seen Sailor Moon, and other anime parody items on another site. Are you going to report those? You must have a very boring life, or a really butthurt person that your beloved tektek is gone. If you hate gaia so damn much, go to tekteks site.

Good luck with your reporting tantrums. I highly doubt those companies will do anything. Unlike some people, they have better things to do then waist their time on a site like Gaia biggrin

Sometime I feel like Gaia is full of kindergarten kids crying because their toys were taken away for a good reason.

[Mana Caelum]

I'm upset about tektek shutting down for good (fingers crossed for a miracle), but threads like these are taking it way too far.
Please stop all the butt hurt!

[Sight Ninja]

Fartbag McGee

For those who don't know, recolorme is likely to be in much more legal trouble than gaia. Recolorme has no age verification on their site and allows people to post 18+ content in a site for 13+. This means a person can make a thread asking for n***s or posting explicit content, and the only thing stopping people from seeing it is two buttons "Are you over eighteen and willing to see adult content? Y/N".

On the same line of thought as this, even though you can have your email attached to your account, I don't think tektek makes an attempt to comply with COPPA, which is required when gathering PII (personally identifiable information) which includes email addresses.

[.~[Misty.Muffin]~.]

❤

I'm gonna take a shot in the dark by saying you have no law background. sweatdrop

[idaruishinee]

Blackrose_The_Knight

That said, while Gaia may have a case for pursuing Tekton, their product (item arranger and such) are shameful compared to what Tekton put together. I think Gaia as a company is shooting themselves in the foot here if they don't work something out with him. He has the superior product hands down. Gaia knows it. What they do next... will be interesting.

,

But isn't Gaia still waiting for a response from Tekton? According to Bluearalis, shutting down TekTek was the last resort.

Tekton has been sitting on this letter for 2 weeks before shutting down TekTek on his own. It doesn't look like he wants to work something out with Gaia either.

[Blackrose_The_Knight]

Toppaware

Blackrose_The_Knight

That said, while Gaia may have a case for pursuing Tekton, their product (item arranger and such) are shameful compared to what Tekton put together. I think Gaia as a company is shooting themselves in the foot here if they don't work something out with him. He has the superior product hands down. Gaia knows it. What they do next... will be interesting.

,

But isn't Gaia still waiting for a response from Tekton? According to Bluearalis, shutting down TekTek was the last resort.

Tekton has been sitting on this letter for 2 weeks before shutting down TekTek on his own. It doesn't look like he wants to work something out with Gaia either.

If I was in Tekton's shoes, I would be with a lawyer right now gaming out what can be done. I don't take the silence as sinister/non-cooperative... yet. He may not have been able to afford/work with a legal team.

However, I also don't trust a single ******** word out of any of Gaia's admins account. Not Zero, not Bluearalis. Not after 133t-gate. They lied and backpedaled to cover their a** - they will do it again. How do I know they aren't doing it now?

[Calelith]

Blackrose_The_Knight

"Iä! Iä! Cthulhu fhtagn!"

Regardless of how you feel about Gaia's staff that does not change that Tekton sat on the C&D for two weeks before decided to begin to shut down his site and make public something that should've been left behind the scenes.

The letter specifically states it was sent overnight to him and he was also emailed the same day. If you want proof of this, it's right here.

I edited it to remove Tekton's personal information.

"Ph’nglui mglw’nafh Cthulhu R’lyeh wgah’nagl fhtagn."

[Keilynian]

So many gaians buzzing around with only half the concept in mind....
yes Tektek did a direct copy but homage items are a different story.
Copyright infringement doesn't need to be a direct c/p .
Take for example Peyo's coded memories. An obvious reference to the Kingdom Heart's Recoded & Chain Of Memories. It includes obvious c/p of Kingdom Hearts items and poses, that is not a "sponsored" item, or let's take the Homestuck items and put that back into view- the creator of HS was contacted and VERY upset Gaiaonline used original content in their items and Gaia was asked to remove them and there were even petitions to remove the items - I still have my HS items so I see THAT didn't happen.
The truth is this has nothing to do with copyright infringement. AT ALL, the truth is Gaia got their panties in a bunch about Recolorme, they saw the site has potential and ads on tektek and they shat their pants that people would find out about it or that would traffic over to the site - me personally - I joined just because of all this. [Ironically I love th recolor concept of items , you can actually make ANY item any shade and it makes avis so much easier to make.] . We can rant and whine but nothing will change it. We're gonna lose tektek and that's one more thing that made gaia bearable that is lost. They know what they are doing.

Just for old time's sake.
"Really gaia? Really?"

[KittieCupcakes]

Calelith

KittieCupcakes

Teefie

I disagree. I don't think Gaia will come into any problems because of their homage/parody items, because of Fair Use. What's not technically Fair Use is what Tekton was doing. i personally feel like gaia should have attempted to buy out Tektek, at least that part of the website, or even his avatar site too. I think it is in within gaia's legal grounds to send him a C&D and it's awesome they hadn't for years, but really, it's a huge grey area and up to the company whether or not they allow stuff like that to happen. but i feel confident that Gaia wont get sued over their items, nor should they.

No way should Gaia ever, ever, ever buy out recolor.
People went to that site to get away from the garbage dump that is gaiaonline.

"Iä! Iä! Cthulhu fhtagn!"

How is Recolor.me any better then Gaia?

"Ph’nglui mglw’nafh Cthulhu R’lyeh wgah’nagl fhtagn."

For one there is a total lack of BUY BUY BUY WHY AREN'T YOU BUYING YET GIVE US ALL YOUR MONEY NOW.
You actually have to work for your currency (which, I know, some people are opposed to).
The games on it are pretty fun.
The community is better and cleaner (well, until this latest influx of GCDers and CBers, it was).
The avatars are better - they both look better and you don't have to buy every single colour of one item since you control the colours, hues, transparency, etc. There is more of an ability to be creative.
Users have a say in future items, and they can also submit items quite easily.
The avatar contest system is a lot of fun and really easy, and doubles as a dream avatar maker.

And that's all just for starters. Recolor hasn't even hit a year old yet.

[KittieCupcakes]

Teefie

KittieCupcakes

Teefie

I disagree. I don't think Gaia will come into any problems because of their homage/parody items, because of Fair Use. What's not technically Fair Use is what Tekton was doing. i personally feel like gaia should have attempted to buy out Tektek, at least that part of the website, or even his avatar site too. I think it is in within gaia's legal grounds to send him a C&D and it's awesome they hadn't for years, but really, it's a huge grey area and up to the company whether or not they allow stuff like that to happen. but i feel confident that Gaia wont get sued over their items, nor should they.

No way should Gaia ever, ever, ever buy out recolor.
People went to that site to get away from the garbage dump that is gaiaonline.

I said tektek, not recolour. razz

^^^Text in red.

[asmuwudeus]

KittieCupcakes

Teefie

KittieCupcakes

Teefie

I disagree. I don't think Gaia will come into any problems because of their homage/parody items, because of Fair Use. What's not technically Fair Use is what Tekton was doing. i personally feel like gaia should have attempted to buy out Tektek, at least that part of the website, or even his avatar site too. I think it is in within gaia's legal grounds to send him a C&D and it's awesome they hadn't for years, but really, it's a huge grey area and up to the company whether or not they allow stuff like that to happen. but i feel confident that Gaia wont get sued over their items, nor should they.

No way should Gaia ever, ever, ever buy out recolor.
People went to that site to get away from the garbage dump that is gaiaonline.

I said tektek, not recolour. razz

^^^Text in red.

Awwwww s**t. well, that was more of an afterthought so I had forgotten I added it in. My bad. i couldn't give any ******** about shitty recolor anyway, it sucks and is ugly. LOL But i do think it would have been a better move for both of them if tekton had at least talked to Gaia and they were given a chance/considering to buy tektek! It'd be such a good move for them and then tekton wouldn't have to pretend to keep it up anymore.