You know, I'm not one to be a stickler but... [Umbreon Fur]

[~ Aki - Fairy ~]

Copy-paste of my post from the other thread:

The item is the result of a user winning and redeeming a Golden Paw Ticket.
From the FAQ on it:
"When the winner’s fur is complete, a limited quantity of 500 will be available for purchase to all Gaians for Gaia Cash for a 1-week period."

There's also this fun little note at the end that essentially states that the user who redeemed the ticket will be responsible should any repercussions as a result of their commission arise..:
"Release: BY ENTERING THE PROMOTION, EACH ENTRANT RELEASES AND AGREES TO HOLD HARMLESS GAIA AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE PROMOTION; (II) ACCEPTANCE OR USE OF ANY PRIZE; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE PROMOTION."

[Shibu Mizaku]

His Kuren

pantec

People should stop bashing the user who wanted it created. They got lucky with the ticket, they asked for what they wanted to be created, and that happened to be something resembling Pokemon.

This.
1000000% this.
Gaia mucked up here by accepting the design. The user (who has posted on this matter) asked if shiny umbreon could be done and the artist gave it the go. Why should the user be to blame for wanting an item to exist, he earned that ticket and he asked if it could be done. That's like saying a person who got sick at a restaurant is to blame for eating something they wanted without knowing it was contaminated. The artist CHECKED to see if they could apparently. If anything is wrong here I believe the blame is on gaia and the artist for going through with this instead of denying the items creation.

Because he specifically asked for Shiny Umbreon fur. Not shiny Umbreon look alike fur, or an homage to it. Shiny. Umbreon. Fur. Which, if you read the text for the tickets, he should not have done in the first place.

If you don't believe me, the text in the spoiler below is taken straight from the post explaining the rules of the Golden Paw ticket. And this is a link to the post so you know I didn't just pull it out of nowhere. The user who asked for this item to be made is, in fact, responsible for the item. Yes, Gaia screwed up in accepting and creating this design, but the user holds the lions share of the blame here.

If the entry contains any material or elements that are not owned by Entrant and/or which are subject to the rights of third parties, Entrant represents he or she has obtained, prior to submission of the entry, any and all releases and consents necessary to permit use and exploitation of the entry by Sponsor in the manner put forth in the Official Rules without additional compensation, including, without limitation, likeness releases for any person whose name, and/or likeness appears in the entry.

Each Entrant warrants that the entries, materials and information submitted do not contain information considered by Entrant's place of business or any other third party to be confidential, and that the entries, materials and information submitted do not violate or infringe the rights of any third parties or violate any laws or regulations. Each Entrant agrees that he or she shall have no recourse against Sponsor for any alleged or actual infringement or misappropriation of any proprietary right in an Entrant's entry.

[Kuren]

Shibu Mizaku

.

To be honest who reads through those rules thoroughly? I'm sure 99% of all users skim user agreements. Even still my opinion on the matter stands. He asked if it could be done and gaia said yes, "I want shiny umbreon fur" was probably not a statement demanding an exact copy of shiny umbreon but rather expecting a. a parody item or b. no altogether. He knew there was a possibility it would cause trouble addressed gaia about his concerns on them by asking if it could legally be done and gaia decided it could. Had gaia said "no" he could have used his ticket for something else, guess gaia didn't give a rat's a** about it's ticket agreement, why is he expected to take it seriously?

Either way it doesn't warrant all the harassment, yes HARASSMENT, the user is receiving. Go ahead and argue you're point all you want, quote the hell out of me but I'm not in the mood to argue with friends. This is between gaia and nintendo and I have no real say in what's right or wrong, but I do believe the user who created this item has been unfairly attacked for having something he wanted made.

[WaIIabees]

And seeing how much they priced that thing in the marketplace is ridiculous. I would rather pick the Pastel Alpaca fur than an average looking fur.

[Sand Dancer Shaka]

~ Aki - Fairy ~

Copy-paste of my post from the other thread:

The item is the result of a user winning and redeeming a Golden Paw Ticket.
From the FAQ on it:
"When the winner’s fur is complete, a limited quantity of 500 will be available for purchase to all Gaians for Gaia Cash for a 1-week period."

There's also this fun little note at the end that essentially states that the user who redeemed the ticket will be responsible should any repercussions as a result of their commission arise..:
"Release: BY ENTERING THE PROMOTION, EACH ENTRANT RELEASES AND AGREES TO HOLD HARMLESS GAIA AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE PROMOTION; (II) ACCEPTANCE OR USE OF ANY PRIZE; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE PROMOTION."

Holey eff! Gaia is not liable for it (so it's out of the fire) but this throws the ticket user directly into the fire instead sweatdrop

Talk about being thrown under the bus. This disclaimer actually means that Gaia can't be held accountable for it @__@;;;; Good for my worries about the site being damaged... but I feel bad for the user in question.....

[~ Aki - Fairy ~]

Sand Dancer Shaka

Holey eff! Gaia is not liable for it (so it's out of the fire) but this throws the ticket user directly into the fire instead sweatdrop

Talk about being thrown under the bus. This disclaimer actually means that Gaia can't be held accountable for it @__@;;;; Good for my worries about the site being damaged... but I feel bad for the user in question.....

Pretty much.

It's the same sort of thing most promotional offers, contracts, etc.. include, and we all know the rules about fine print (just because you don't read it doesn't mean it's not there and you're not still held to it).
Gaia could potentially still face repercussions, given that they approved the design and whatnot, but it would/could certainly be less than if it were made like any regular, non-ticketed item.

[Shibu Mizaku]

His Kuren

Shibu Mizaku

.

To be honest who reads through those rules thoroughly? I'm sure 99% of all users skim user agreements. Even still my opinion on the matter stands. He asked if it could be done and gaia said yes, "I want shiny umbreon fur" was probably not a statement demanding an exact copy of shiny umbreon but rather expecting a. a parody item or b. no altogether. He knew there was a possibility it would cause trouble addressed gaia about his concerns on them by asking if it could legally be done and gaia decided it could. Had gaia said "no" he could have used his ticket for something else, guess gaia didn't give a rat's a** about it's ticket agreement, why is he expected to take it seriously?

Either way it doesn't warrant all the harassment, yes HARASSMENT, the user is receiving. Go ahead and argue you're point all you want, quote the hell out of me but I'm not in the mood to argue with friends. This is between gaia and nintendo and I have no real say in what's right or wrong, but I do believe the user who created this item has been unfairly attacked for having something he wanted made.

Not reading the rules doesn't mean he's exempt from the consequences. He accepted the terms upon using that ticket. The reason he's expected to take it seriously, and Gaia isn't, is because he accepted all responsibility. This is a post he quoted me with in another thread, where he specifically said he told the artist he wanted a "shiny Umbreon fur", with them saying they'd look into it. Yes, he may not have meant an exact copy, but as Gaia can legally take no heat for this because of the terms he agreed to, why wouldn't they make it that way regardless? Gaia doesn't care, because its not their a** on the line.

As to whether or not he could have used his ticket on something else had Gaia said "no", that's something you'd have to ask Gaia Online, because I see no mention of it in the ticket rules. And for the harassment he's received, well, I don't condone harassment, but I don't think he's being attacked for making something he wanted made. I think he's being attacked for how it was made, in that copyright law was broken to make it.

If you don't wish to discuss this further that's fine by me. I'd like for all of this to get resolved and over with, because I'm pretty sure this whole business is only going to get nastier before it ends.

[Kuren]

Shibu Mizaku

.

Legally yes, gaia probably ******** over a user they could have easily worked with so neither would be under fire. I really think it should go both ways though, gaia had a rule about not submitting copy righted requests, but where is the enforcement?

Morally(this bit is based on my moral compass and not facts) the user really isn't at fault and gaia is shitty for pushing the boundaries of legality on another persons back. I don't think this user is a bad person for wanting an item he liked although it was copy righted. He inquired about it which was an opening for gaia to deny his request, which they have right to and in this case should have.

I agree to accept that he may be legally responsible, but don't agree to accept that this was entirely his fault or that he is a bad person because of this.

[pantec]

I'm just going to say what I said in another thread.

If people honestly have a true problem with a legal issue such as this then they should write a letter to Gaia informing them that you will be informing the owners of the said characters if you do not receive sufficient explanation or justification that they have the rights to do so to deal with the issue themselves.

That is the only way you will get Gaia to pay attention and change anything you feel strongly about.

[M00NDR0PS]

Summer Memory

If crap does hit the fan, it's not Gaia that will be taking the blame or the repercussions of such, it will be the user who requested the item to be made.

This is not a biased opinion or anything, but if there is any problem with this item I think the artist should be blamed for it.
The user only requested the item to be made, the artist well-knowingly could have made changes to the request to make it legal.

I still believe the item is protected by the Fair Use Law under the parody section.

" A Houngan is wandering, away from its swarm. "

||| This is one of the reasons I refuse to touch a custom ticket. There are things I would love to have made, but there are just too many risks and complications that could arise.

I admit that the user could have made a more original request, but I also feel that the artist should have been the one to make the efforts to add some changes. If the artist wasn't familiar with Umbreon, references likely would have been provided and obviously they'd know that the design couldn't just be copied outright (if they were a proper artist, at least).

I do feel bad for the user who used their ticket on this item, and I think it's disgusting that Gaia can freely skirt their way around issues like this by pinning the blame on the user instead. But then again, given who's currently running the site I'm really not surprised. Ever since Goldemort took over, nothing is sacred as long as he can cash in on it.

" The wandering Houngan logged out "

[Marshmowlette]

★ Just saying, just because it's a "special meaning" doesn't mean anything. From a legal stand point, saying it's Xum + breon, they will not accept it. It's still Umbreon with a X in front of it. Sharing the first two letters from Umbreon or not, legally, it still has Umbreon in the name. As for who is at fault, legally, the user, morally both.

Also just saying, the user has to approve the mock up before going any further, if the user chose to not have anything changed from it being an exact copy instead of different features but still a reference, sorry but it's still on the user for a huge majority.

Summer Memory

[Zandy]

So now the user could be potentially liable (provided any action is taken against Gaia) for the artist apparently checking the legality of the item?

In the event that action is taken against Gaia, the user should not be held responsible since Gaia ultimately has control on what gets produced for sale/distribution on Gaia.

[M00NDR0PS]

Summer Memory

It may not have been completely "original".
The name of the item is in some way original, as it takes half of the user's online alias,
and part of Umbreon's name so it's really "Xum+breon" not "X+Umbreon".
As for the actual item itself and why it is an Umbreon parody,
is because it has a special meaning as does the description of the item.

I do agree with you on the whole Gaia opinion, and how they are holding the user entirely to blame.
It is also wrong that they even "approved" the item to be made yet it's still under fire for being a copyright infringement.

" A Houngan is wandering, away from its swarm. "

||| But how is anyone going to actually know that? To everyone else, including myself, it looks like [X]umbreon, one letter difference from the copyrighted name of the pokemon. A special meaning doesn't excuse the fact that the skin has no changes from the original design.

The user may have had good intentions, I don't know. But whatever happened, the item came out as an exact copy of a shiny umbreon, only bi-pedal which doesn't actually count as a difference since that's only because the paw base is bi-pedal. If I were the user who asked for the item and spent a custom ticket on it, I'd be furious about this because this is bullshit on Gaia's part.

" The wandering Houngan logged out "