Let's talk Copyright infringement Gaia. (Tektek Hypocrisy)

[The Iron Magus]

Hassli

I just have to say, looking over a bunch of posts in Site Feedback on this subject.... no body understands intellectual property rights on gaia. Like, at all.

This is probably why we have lawyers.

Ya think?

I don't pretend to be an expert on copyright law or intellectual property. The only reason I got on the whole "parody" thing was because Gaia apparently thinks that adding the parody tag to items in the marketplace will protect them, even when they're clearly not meant to be parodies.

But, whatever. As you say, it's a matter for the lawyers. Let's just agree that Gaia is being prickish, and move on.

[kinnykins]

inb4 thread gets deleted for being too right

[Sahri]

Hassli

I just have to say, looking over a bunch of posts in Site Feedback on this subject.... no body understands intellectual property rights on gaia. Like, at all.

This is probably why we have lawyers.

I think most of them understand the phrase "unauthorized use of intellectual property" pretty well. It seems that tektek never asked to use these images for his dream avatar creator but let me ask you this: "Why did Gaia's management let this slip for such a long time?" It's not like the staffmembers + management of Gaia have been oblivious of its existence. Heck, I heard stories of staffers actually USING Tektek for contests! And even the Welcoming Fairy linked to Tektek's Dream Avatar Creator. So what made them decide to take down Tektek? Not just for "unauthorized use of intellectual property" and it's also not because of recolor.me because it wasn't even mentioned once in the letter that tektek's owner received. If it was, he could just take down that website and let tektek continue to exist. Gaia is planning something and Tektek was most likely an obstacle to them.

[x Karurie x]

So, we're probably going to lose TekTek, eh?
EDIT:
Wow, I hadn't checked before I posted this. I guess the website is officially down.


Stay Classy, Gaia.
emotion_eyebrow

[Jayce Reinhardt]

Hassli

I just have to say, looking over a bunch of posts in Site Feedback on this subject.... no body understands intellectual property rights on gaia. Like, at all.

This is probably why we have lawyers.

The cease and desist letter was written by the general manager, not a lawyer.

Quote:

Question: Do I Have To Use An Attorney To Send A Cease And Desist Letter?

No. Anyone can send a cease and desist letter, however, sending one does not necessarily mean you have adequately, or even legally asserted or protected your own rights. Sending a threatening cease and desist letter under false pretenses, or for malicious reasons, could even be a crime that exposes you to potential counter legal action.

Before you accuse someone of breaking the law and demanding action, especially if you are demanding payment, you should consult an attorney.

Falsely accusing someone, or demanding payment under threat of harm (including threatening to sue) could be considered a crime under certain circumstances.
Benefits Of Having an Attorney Send A Cease and Desist Letter

An attorney can advise you if your rights have been violated and you even have the grounds for legal action.

An attorney can tell you if a cease and desist letter is the appropriate course of action, and can even write the letter for you.

In almost all cases involving consumers, a letter from an attorney will be taken more seriously than a letter from an individual. And, a court of law, should you need to sue, may also take a letter sent by a lawyer more seriously than one you sent by yourself.

[The Iron Magus]

Sahri

Hassli

I just have to say, looking over a bunch of posts in Site Feedback on this subject.... no body understands intellectual property rights on gaia. Like, at all.

This is probably why we have lawyers.

I think most of them understand the phrase "unauthorized use of intellectual property" pretty well. It seems that tektek never asked to use these images for his dream avatar creator but let me ask you this: "Why did Gaia's management let this slip for such a long time?" It's not like the staffmembers + management of Gaia have been oblivious of its existence. Heck, I heard stories of staffers actually USING Tektek for contests! And even the Welcoming Fairy linked to Tektek's Dream Avatar Creator. So what made them decide to take down Tektek? Not just for "unauthorized use of intellectual property" and it's also not because of recolor.me because it wasn't even mentioned once in the letter that tektek's owner received. If it was, he could just take down that website and let tektek continue to exist. Gaia is planning something and Tektek was most likely an obstacle to them.

Consnidering how bad Gaia is about updating stuff like that, how many months do you think the Welcoming Fairy is going to be directing new users to a site that Gaia drove out of business? lol

[mizzmerr]

Sahri

I think most of them understand the phrase "unauthorized use of intellectual property" pretty well. It seems that tektek never asked to use these images for his dream avatar creator but let me ask you this: "Why did Gaia's management let this slip for such a long time?" It's not like the staffmembers + management of Gaia have been oblivious of its existence. Heck, I heard stories of staffers actually USING Tektek for contests! And even the Welcoming Fairy linked to Tektek's Dream Avatar Creator. So what made them decide to take down Tektek? Not just for "unauthorized use of intellectual property" and it's also not because of recolor.me because it wasn't even mentioned once in the letter that tektek's owner received. If it was, he could just take down that website and let tektek continue to exist. Gaia is planning something and Tektek was most likely an obstacle to them.

THESE POINTS. Honestly, Gaia... good grief. And, I have to say, if they're planning something like a pose-by-pose avatar creator and/or inventory inspector, I bet that'll turn out a whole lot like the 'new and improved inventory manager' did: delayed by YEARS and STILL hilariously broken.

[The Shifting Sky]

Hassli

I just have to say, looking over a bunch of posts in Site Feedback on this subject.... no body understands intellectual property rights on gaia. Like, at all.

This is probably why we have lawyers.

Intellectual property laws give owners the exclusive right to profit from a work
That's it. There is nothing stopping me from taking anything I want off Gaia and putting it all over t-shirts and backpacks and whatever else as long as I in no way make money off it. That is why fan-based creations are capable of being created. That's why people can actually make artwork of series/websites/games that they like without being immediately sued. The only issue comes if they make money off of it.

[Hassli]

Jayce Reinhardt

Hassli

I just have to say, looking over a bunch of posts in Site Feedback on this subject.... no body understands intellectual property rights on gaia. Like, at all.

This is probably why we have lawyers.

The cease and desist letter was written by the general manager, not a lawyer.

Quote:

Question: Do I Have To Use An Attorney To Send A Cease And Desist Letter?

No. Anyone can send a cease and desist letter, however, sending one does not necessarily mean you have adequately, or even legally asserted or protected your own rights. Sending a threatening cease and desist letter under false pretenses, or for malicious reasons, could even be a crime that exposes you to potential counter legal action.

Before you accuse someone of breaking the law and demanding action, especially if you are demanding payment, you should consult an attorney.

Falsely accusing someone, or demanding payment under threat of harm (including threatening to sue) could be considered a crime under certain circumstances.
Benefits Of Having an Attorney Send A Cease and Desist Letter

An attorney can advise you if your rights have been violated and you even have the grounds for legal action.

An attorney can tell you if a cease and desist letter is the appropriate course of action, and can even write the letter for you.

In almost all cases involving consumers, a letter from an attorney will be taken more seriously than a letter from an individual. And, a court of law, should you need to sue, may also take a letter sent by a lawyer more seriously than one you sent by yourself.

It isn't a cease and desist letter. It's a request.

They can easily get a lawyer to send a cease and desist letter.

If they wanted to do it, they could send a letter.

[Hassli]

Sahri

Hassli

I just have to say, looking over a bunch of posts in Site Feedback on this subject.... no body understands intellectual property rights on gaia. Like, at all.

This is probably why we have lawyers.

I think most of them understand the phrase "unauthorized use of intellectual property" pretty well. It seems that tektek never asked to use these images for his dream avatar creator but let me ask you this: "Why did Gaia's management let this slip for such a long time?" It's not like the staffmembers + management of Gaia have been oblivious of its existence. Heck, I heard stories of staffers actually USING Tektek for contests! And even the Welcoming Fairy linked to Tektek's Dream Avatar Creator. So what made them decide to take down Tektek? Not just for "unauthorized use of intellectual property" and it's also not because of recolor.me because it wasn't even mentioned once in the letter that tektek's owner received. If it was, he could just take down that website and let tektek continue to exist. Gaia is planning something and Tektek was most likely an obstacle to them.

I 100% agree with you.

They're being butts.

[Jayce Reinhardt]

Hassli

Jayce Reinhardt

Hassli

I just have to say, looking over a bunch of posts in Site Feedback on this subject.... no body understands intellectual property rights on gaia. Like, at all.

This is probably why we have lawyers.

The cease and desist letter was written by the general manager, not a lawyer.

Quote:

Question: Do I Have To Use An Attorney To Send A Cease And Desist Letter?

No. Anyone can send a cease and desist letter, however, sending one does not necessarily mean you have adequately, or even legally asserted or protected your own rights. Sending a threatening cease and desist letter under false pretenses, or for malicious reasons, could even be a crime that exposes you to potential counter legal action.

Before you accuse someone of breaking the law and demanding action, especially if you are demanding payment, you should consult an attorney.

Falsely accusing someone, or demanding payment under threat of harm (including threatening to sue) could be considered a crime under certain circumstances.
Benefits Of Having an Attorney Send A Cease and Desist Letter

An attorney can advise you if your rights have been violated and you even have the grounds for legal action.

An attorney can tell you if a cease and desist letter is the appropriate course of action, and can even write the letter for you.

In almost all cases involving consumers, a letter from an attorney will be taken more seriously than a letter from an individual. And, a court of law, should you need to sue, may also take a letter sent by a lawyer more seriously than one you sent by yourself.

It isn't a cease and desist letter. It's a request.

They can easily get a lawyer to send a cease and desist letter.

If they wanted to do it, they could send a letter.

You saw the letter and read it as a request??

Interesting.

[xx I met my fate xx]

The Shifting Sky

Hassli

I just have to say, looking over a bunch of posts in Site Feedback on this subject.... no body understands intellectual property rights on gaia. Like, at all.

This is probably why we have lawyers.

Intellectual property laws give owners the exclusive right to profit from a work
That's it. There is nothing stopping me from taking anything I want off Gaia and putting it all over t-shirts and backpacks and whatever else as long as I in no way make money off it. That is why fan-based creations are capable of being created. That's why people can actually make artwork of series/websites/games that they like without being immediately sued. The only issue comes if they make money off of it.

Which Gaia has done by making buttloads off of all of their ripoff items. The homage ones, okay, those can fly but the ones that are direct exact replicas?

[Susue]

I think they get away with it because the items are altered in a way as to not be directly representational? I think that's actually pretty questionable, especially when it comes to all the Sailor Moon hair. xD There's got to be some grey area being exploited. I really have no idea though. With the quick sells of the Pokemon items the other day I started wondering about this. Like would the copyright holders of Pokemon mind that a company could make thousands of dollars in a couple hours off the likenesses of their intellectual property. I don't know.

[The Shifting Sky]

xx I met my fate xx

The Shifting Sky

Hassli

I just have to say, looking over a bunch of posts in Site Feedback on this subject.... no body understands intellectual property rights on gaia. Like, at all.

This is probably why we have lawyers.

Intellectual property laws give owners the exclusive right to profit from a work
That's it. There is nothing stopping me from taking anything I want off Gaia and putting it all over t-shirts and backpacks and whatever else as long as I in no way make money off it. That is why fan-based creations are capable of being created. That's why people can actually make artwork of series/websites/games that they like without being immediately sued. The only issue comes if they make money off of it.

Which Gaia has done by making buttloads off of all of their ripoff items. The homage ones, okay, those can fly but the ones that are direct exact replicas?

Correct. I was more responding to Hassili's notion that people didn't understand what the intellectual copyright meant. Most of the users understand it fairly well since at it's core it's not that hard to comprehend. Gaia is demanding Tekton take down his site under the premise that he is infringing on their rights. He isn't. Gaia however is infringing on the rights of every group they have made a "parody" item of.