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Amorous Exhibitionist

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Surely there are users that would take the time to contact the people you've blatantly ripped off and inform them how much money was made off their intellectual property, since all Gaia cares about is their cash cow.

The takedown of tektek is 100% about money from a company that doesn't care about their users & is afraid of a (crappy) competitor.

Divine Anubutt

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wow that's a bit harsh... Gaia protects their property so you wish them sued over homage items >.>?

This tektek thing has reached rock bottom levels of rage. I get people are angry over it, but don't threaten gaia with legal action just because they had to send a cease and desist or risk losing their intellectual property.

Most of those items you hope they get sued over are stuff people asked for and gaia delivered even if it wasn't in a manner we
would like, still they delivered.

They likely didn't even want to get rid of tektek but their lawyers were probably threatening to revoke s**t if they didnt... so next time you threaten legal action take a good long look at the situation before you start petty revenge lawsuits because your avi maker got taken down, cause all you're doing is making things worse when they're already trying to cope with this heavy loss.

Amorous Exhibitionist

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wow that's a bit harsh... Gaia protects their property so you wish them sued over homage items >.>?

This tektek thing has reached rock bottom levels of rage. I get people are angry over it, but don't threaten gaia with legal action just because they had to send a cease and desist or risk losing their intellectual property.

Most of those items you hope they get sued over are stuff people asked for and gaia delivered even if it wasn't in a manner we
would like, still they delivered.

They likely didn't even want to get rid of tektek but their lawyers were probably threatening to revoke s**t if they didnt... so next time you threaten legal action take a good long look at the situation before you start petty revenge lawsuits because your avi maker got taken down, cause all you're doing is making things worse when they're already trying to cope with this heavy loss.


What do I have to fear if gaia is sued? The website goes down? Pity, I hear there's a new website called recolor.me.

Gaia has made it clear their takedown of tektek is about money, the community has been asking for what tektek has given us for YEARS (and during those years, gaia has supported tektek through references, and encouraging new users to check out the website).

And as a website with free services it's only logical that they'd have to have ads in order to cover the server costs, who cares what ads are being run? Frankly, it's none of Gaia's business so long as they're age appropriate.
Well if you are truly concerned copyrights have been broken a simple google search can give you places to report it. Companies like Nintendo often have special emails/numbers where you can report that stuff.

That being said, tektek's copyright infringement is a whole different matter. There is no denying it is infringement since the items were direct copies.

Lashtal's Wife

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Quote:
Well if you are truly concerned copyrights have been broken a simple google search can give you places to report it. Companies like Nintendo often have special emails/numbers where you can report that stuff.



wink

I've been doing this all day.

Disney, Sailor moon, and Nintendo were all emailed.

High-functioning Lunatic

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For anyone who would like to share what Gaia is stealing I'll just leave a link for you

http://www.iprcenter.gov/referral/

Divine Muse

People forget that Gaia has the right to Countersue anyone who sues them. The plaintiff could have their IP banned and end up owing GAIA money.

As long as you are prepared for than, more power to you and good luck.

Dapper Inquisitor

Sure is a lot of time being wasted, haha. I wouldn't even rule out Gaia getting a finger waved at it (you guys do know that lawyers for those companies cost a lot of money? more money than they would make calling them to make a CD on a small fish like Gaia, nevermind suing them?), but the odds get smaller and smaller when I imagine the kinds of poorly-formatted, whinging messages they'll be reading.

And this is all besides the point of how much Gaia would be protected by parody.

Jayce Reinhardt
People forget that Gaia has the right to Countersue anyone who sues them. The plaintiff could have their IP banned and end up owing GAIA money.

As long as you are prepared for than, more power to you and good luck.

Users definitely have no grounds to sue - these guys are just telling the companies. Besides, a user would definitely balk at the court fees before anything got off the ground.

Ruthless Codger

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wow that's a bit harsh... Gaia protects their property so you wish them sued over homage items >.>?


My Little Pony, Adventure Time, and Full Metal Alchemist: Brotherhood have direct rips of their characters and recognizable items from their shows.

Since Gaia is making money by using the popularity of these shows, I believe the copyright holder has to authorize the derivatives. (Especially Adventure Time, because Gaia explicitly advertises Princess Bubble Gum's look can be bought for 299 GC when you go through the Inventory Search.)

Now, in the earlier days of Gaia, they still had homage items. However, they were very careful to make them different from the original. For example: The Ninja Headband had Gaia's logo on it, instead of one Naruto-verse's symbols.

Then there's those "grey-zone" items, where there's absolutely no alteration, but they're not explicitly stating that they're using another's intellectual property. Like Wayward Son. It's obviously Castiel items, but they were careful not to explicitly say "Castiel" or "Supernatural."

cutethulhuuu's Sidekick

Interstellar Trash

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wow that's a bit harsh... Gaia protects their property so you wish them sued over homage items >.>?


My Little Pony, Adventure Time, and Full Metal Alchemist: Brotherhood have direct rips of their characters and recognizable items from their shows.

Since Gaia is making money by using the popularity of these shows, I believe the copyright holder has to authorize the derivatives. (Especially Adventure Time, because Gaia explicitly advertises Princess Bubble Gum's look can be bought for 299 GC when you go through the Inventory Search.)

Now, in the earlier days of Gaia, they still had homage items. However, they were very careful to make them different from the original. For example: The Ninja Headband had Gaia's logo on it, instead of one Naruto-verse's symbols.

Then there's those "grey-zone" items, where there's absolutely no alteration, but they're not explicitly stating that they're using another's intellectual property. Like Wayward Son. It's obviously Castiel items, but they were careful not to explicitly say "Castiel" or "Supernatural."




... weren't the FMA/MLP/AT items sponsored items?

cutethulhuuu's Sidekick

Interstellar Trash


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.

Ruthless Codger

Teefie
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wow that's a bit harsh... Gaia protects their property so you wish them sued over homage items >.>?


My Little Pony, Adventure Time, and Full Metal Alchemist: Brotherhood have direct rips of their characters and recognizable items from their shows.

Since Gaia is making money by using the popularity of these shows, I believe the copyright holder has to authorize the derivatives. (Especially Adventure Time, because Gaia explicitly advertises Princess Bubble Gum's look can be bought for 299 GC when you go through the Inventory Search.)

Now, in the earlier days of Gaia, they still had homage items. However, they were very careful to make them different from the original. For example: The Ninja Headband had Gaia's logo on it, instead of one Naruto-verse's symbols.

Then there's those "grey-zone" items, where there's absolutely no alteration, but they're not explicitly stating that they're using another's intellectual property. Like Wayward Son. It's obviously Castiel items, but they were careful not to explicitly say "Castiel" or "Supernatural."




... weren't the FMA/MLP/AT items sponsored items?


I don't know if they were or not. But I'm citing them as examples of what would be considered major rip offs that would need the copyright holder's permission.

The MLP, AT, and FMAB items would be definite infringements without permission.

Then there's grey-zone items, like Wayward Son, would probably be up to the copyright holder to pursue. Same with most of the Sailor Moon items.

The homage items with definite changes, like the old Ninja Headband, could - theoretically - be in the clear. But, if the copyright holder pursues infringement issues, it might depend on the judge's call.
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wow that's a bit harsh... Gaia protects their property so you wish them sued over homage items >.>?


My Little Pony, Adventure Time, and Full Metal Alchemist: Brotherhood have direct rips of their characters and recognizable items from their shows.

Since Gaia is making money by using the popularity of these shows, I believe the copyright holder has to authorize the derivatives. (Especially Adventure Time, because Gaia explicitly advertises Princess Bubble Gum's look can be bought for 299 GC when you go through the Inventory Search.)

Now, in the earlier days of Gaia, they still had homage items. However, they were very careful to make them different from the original. For example: The Ninja Headband had Gaia's logo on it, instead of one Naruto-verse's symbols.

Then there's those "grey-zone" items, where there's absolutely no alteration, but they're not explicitly stating that they're using another's intellectual property. Like Wayward Son. It's obviously Castiel items, but they were careful not to explicitly say "Castiel" or "Supernatural."

All of those items you've mentioned are sponsor ones. Gaia cannot be sued for sponsors because they were given permission to make the items. Might be best to research things first, because this is common knowledge.

Gaia isn't stupid when it comes to the legality of things they offer on the site. Mecha Neko upset a lot of users who were not from the US because prior to Gaia re-purposing the store, they were unable to access the store and buy those sponsor items. The FMA:B items are an example of that.

The creator of Adventure Time, Pendleton Ward actually had an interview ON Gaia in the Adventure Time forum.

This is his avatar:
User Image

Divine Anubutt

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wow that's a bit harsh... Gaia protects their property so you wish them sued over homage items >.>?


My Little Pony, Adventure Time, and Full Metal Alchemist: Brotherhood have direct rips of their characters and recognizable items from their shows.

Since Gaia is making money by using the popularity of these shows, I believe the copyright holder has to authorize the derivatives. (Especially Adventure Time, because Gaia explicitly advertises Princess Bubble Gum's look can be bought for 299 GC when you go through the Inventory Search.)

Now, in the earlier days of Gaia, they still had homage items. However, they were very careful to make them different from the original. For example: The Ninja Headband had Gaia's logo on it, instead of one Naruto-verse's symbols.

Then there's those "grey-zone" items, where there's absolutely no alteration, but they're not explicitly stating that they're using another's intellectual property. Like Wayward Son. It's obviously Castiel items, but they were careful not to explicitly say "Castiel" or "Supernatural."

those were made in cooperation with their respectful license holders... Gaia has the sole total permission to use the FMA,adventure time and mlp items, as well as the black butler items and the magica madoka items.

and even then the umbreon item doesn't give you a direct umbreon companion and gaia has tread lightly even with the really heavily obvious items so as not to completely infringe copyright.

What really irks me is that people are using this argument despite the fact that tektek used images DIRECTLY OFF GAIA ONLINE, I get it, it sucks that they took tektek but as a business it was risking losing its properties if it didn't at least stop tektek from advertising tektons other site.

Ruthless Codger

nobirdie
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wow that's a bit harsh... Gaia protects their property so you wish them sued over homage items >.>?


My Little Pony, Adventure Time, and Full Metal Alchemist: Brotherhood have direct rips of their characters and recognizable items from their shows.

Since Gaia is making money by using the popularity of these shows, I believe the copyright holder has to authorize the derivatives. (Especially Adventure Time, because Gaia explicitly advertises Princess Bubble Gum's look can be bought for 299 GC when you go through the Inventory Search.)

Now, in the earlier days of Gaia, they still had homage items. However, they were very careful to make them different from the original. For example: The Ninja Headband had Gaia's logo on it, instead of one Naruto-verse's symbols.

Then there's those "grey-zone" items, where there's absolutely no alteration, but they're not explicitly stating that they're using another's intellectual property. Like Wayward Son. It's obviously Castiel items, but they were careful not to explicitly say "Castiel" or "Supernatural."

All of those items you've mentioned are sponsor ones. Gaia cannot be sued for sponsors because they were given permission to make the items. Might be best to research things first, because this is common knowledge.

Gaia isn't stupid when it comes to the legality of things they offer on the site. Mecha Neko upset a lot of users who were not from the US because prior to Gaia re-purposing the store, they were unable to access the store and buy those sponsor items. The FMA:B items are an example of that.

The creator of Adventure Time, Pendleton Ward actually had an interview ON Gaia in the Adventure Time forum.

This is his avatar:
User Image


Did I ever say Gaia should definitely be sued for the MLP, AT, and FMAB items? I vaguely remembered the FMAB items being sponsored, however, they're examples of what direct ripoffs are. Things that need explicit permission from the creators.

Then there's grey-zone items, like Wayward Son or all the Sailor Moon stuff. They might get in trouble for these items, if the copyright holders feel there isn't enough change.

Then there's actual homages that have changes - like the Ninja Headband - which would, theoretically, be in the clear.

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