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Latest Member: AlexanderPistoletov
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31  The Pirate Ship / ARR! / New confirmation on: 2007 July 26, 23:39:37
Thanks armywife for taking the effort!
Quote from: "armywife"

1.  When you purchase something, it should come with some kind of money back guarantee.  I heard the arguments, but really, when most paysites photoshop their pictures, you're not actually buying what they are advertising.
2.  When your sub runs out, and there is a new EP released that makes what you previously bought incompatible, why should you have to by another sub just to upgrade the item you already paid for?
3.  When you have already spent your money, and I do speak from more than 1 personal experience, and it is not working properly, you cannot for the most part get help with it.  The attitude is that you paid for it so why should I care?

Excellent points! I agree on all of them actually Smiley.
 
Have you tried to take this up with the guilty ones?
32  The Pirate Ship / ARR! / New confirmation on: 2007 July 26, 23:16:14
Quote from: "Yaardarm Monkey"
ok, lets try it again...

Do you believe that Exnem (paysite owner) owns or has full legal right to change a financial cost for a teddy bear (EA copyright package file) of a Disney character (Disney copyright) for use in the Sims2 game?  

Yes or No


Do you believe that Exnem (paysite owner) owns or has full legal right to charge a financial cost for a poster (EA copyright package file) of a Disney character (Disney copyright) for use in the Sims2 game?  

Yes or No

Aha, you didn't like my previous answer? OK then:

#1. No
#2. No

I don't think he is in full legal right since both cases violates the trademarks of Disney.

Do i think that this gives anyone the right to steal his work? No.
33  The Pirate Ship / ARR! / New confirmation on: 2007 July 26, 23:09:59
Quote from: "redisenchanted"

To recap:

Paysites violate the EULA agreement

EA supports file-sharing both on the Exchange and here

Paysites are bad for the community, "baiting and luring" us for their own profit

Paysite owners have done some really underhanded things

If you don't agree, fine. Go create your hypothetical program that will allow you to sell CC and circumvent the EULA.  :roll:

Thank you for the summary, i appreciate it! Smiley
The following is not directed to you personally as it looks like this is extracted from the collective "wisdom" of this site.

#1 Yes they just might, as it currently stands. We've seen indications that they don't actually want to target the paysites with the EULA though, i'm referring to the questions that HP sent and how they acted on them.

#2 Do you know for a fact that they support what PMBD is doing?

#3 If you have a problem with the fact that someone might make money out if this then by all means go for the free alternatives. How does the existence of paysites hurt the community?

#4 Uhm, not much to go on here, are you saying they are all generally mean? Are all paysites equally mean? All of them do exactly the same mean things?
34  The Pirate Ship / ARR! / New confirmation on: 2007 July 26, 22:07:37
Quote from: "Yaardarm Monkey"
oh yeah....when you cant answer simple questions "suddenly" 2 others pop up (ahem and kaos) saying the exact thing you do and in the same fashion too   :wink:

Getting paranoid are we?
What simple questions did i fail to answer?
35  The Pirate Ship / ARR! / New confirmation on: 2007 July 26, 22:02:17
Wow what a fairytale!
Do you actually believe it yourself?

Oh, kaos kind of made the same point now Smiley.
36  The Pirate Ship / ARR! / New confirmation on: 2007 July 26, 20:24:19
Quote from: "calalily"
Good research there - you still haven't answered my questions.

Quote from: "calalily"
So, this site gives a third party (you for instance) the right to tell others what to do?
If you are worried about the paysite owners then by all means contact them and let them handle it.

Sorry, i thought you were just trying to be funny, didn't realize they were actual questions.

I don't claim that i have any rights whatsoever here.
37  The Pirate Ship / ARR! / New confirmation on: 2007 July 26, 20:11:17
Quote from: "Soup Parrot"
You have all forgotten that these little created packages that people are trying to sell are deriviatives. [..]

Good research there but if this was directed to me then you probably missed that in the scenario i described it wouldn't be .package files that were being sold.
38  The Pirate Ship / ARR! / New confirmation on: 2007 July 26, 14:22:04
Quote from: "SparklePlenty"
You're right about it being up to Them (i.e. trademark owners) but neither Exnem,YOU nor any other paysite owner can use that as an excuse for doing the wrong thing.  For example, just because the victim of a crime does not prosecute, does not make it less of a crime. Just because EA does not want to waste money on something as trivial to them as this, and just because Disney/Marvel/whoever is unaware that others are exploiting their trademarks and copyrights does not give you license to exploit them. And you have the unmitigated gall to get defensive about the wrong you and others of your ilk are doing. You make me want to hurl. (But since this is all so much bullshit, I will just go refill my coffee drink and watch the show.)

So this "crime" gives a third party (PMBD for instance) the righ to do whatever they want with his work?
If you are worried about the trademark owners then by all means contact them and let them handle it.
39  The Pirate Ship / ARR! / New confirmation on: 2007 July 26, 10:37:37
Quote from: "Lorelei"
You have been speculating wildly from Cloudcuckooland about What IF this and What IF that, all of which require two or three currently non-existent tools or hypothetical conditions in order for them to even be possible, and the end goal is to continue to make a buck off the community in defiance of EA Games' EULA and intent and desires--and in defiance of most people who value the community and making connections and friendships within it.

I had to add the what if's in order to shift focus to the real question, we got stuck on whether it's possible to make such a tool or not. It certainly is by    the way.

The end goal would of course be to find a way past the EULA, evil isn't it?

Quote from: "Lorelei"
In the simplest version of your scheme, you still require end users to convert art into usable Sims 2 files, either by teaching themselves how to put the info into a package (without using any of the community or EA tools, mind you) or  using a tool that doesn't exist yet, and which probably would not meet with EA's approval anyway as it would be intended solely to subvert the EULA.

The tool would be completely transparent to the end users, it would act as any other .package installer application.
I don't think EA could do anything about such a tool.  

As for the rest (homework related), i agree that there are a lot of great and free stuff out there, which is very positive for everyone.
40  The Pirate Ship / ARR! / New confirmation on: 2007 July 26, 09:47:07
Sorry for not answering you before Yaardarm Monkey!

Quote from: "Yaardarm Monkey"
look at Exnem's site:

- he makes Piglet and Eyeore teddy bears: do you really think he OWNS the right to the teddy bear code?
nope, thats EA property
....does he own the image rights to Piglet?
nope, thats the creation of A. A. Milne and the rights belong to the Disney Corporation
(from Wikipedia: After Milne's death, his widow sold the rights to the Pooh characters to the Walt Disney Company...Royalties from the Pooh characters paid by Disney to the Royal Literary Fund, part-owner of the Pooh copyright)

so Exnem is using a copyrighted image on a copyrighted file, neither of which he owns the legal rights to....and makes money without any royalties paid to the legitimate copyright owners


so how can these paysite owners dare to comment on how "their rights" are being misused???   :shock:


then, if thats not bad enough, let's look at Exnems pictures:
- he uses an EA mesh
- he uses some image of the Net of Disney, Marvel Comics, etc
- he slaps them together using a tool he doesnt own (SimPe photo creation most likely)
- he charges money for these things and he doesnt own one bit of this 'creations'.......the images belong to someone else, the package file belongs to someone else, the tool to make them was made by someone else

then turns around and says "dont redistribute MY creations"

what B-S   :x


Does Exnem claim that the original artwork is made by him?
If Disney/Marvel/whoever has a problem with what he's doing isn't that up to them?

If it is to tempting to redistribute the end product of all of his work (which you claim is not worth anything?) then why not slap it together yourself?
41  The Pirate Ship / ARR! / New confirmation on: 2007 July 25, 21:10:30
Quote from: "mando"
I think your system would be probematic simply because there could be no indication given along with the product that it was intended for use in the Sims (meaning there should be no info included on how to set it up). If there was, the ground that the paysite and the creator would stand on would be shaky at best if someone did redistribute the work. If they tried to go after someone who redistributed the work, that person could say, "They included materials and instructions for the files to be used as a Sims product! I've done nothing illegal!". EA's own rules would have to be considered at least equal to the creator's and paysite's rules in a case like this.

See this is where i think our views differ. I'm only speculating of course, i'm not a law person nor a copyright expert.
It would be somewhat shaky ground and is probably not recommended, but it might work... :twisted: Wink

In theory, would it end up in the booty?
42  The Pirate Ship / ARR! / New confirmation on: 2007 July 24, 21:10:41
Thanks Mando for explaining your take on this, i think that i get your point of view now.

I'm not so sure that the copyrighted materials becomes free to share as soon as it's put into a .package though.
It is being put in that format by the end user with the explicit permission from the original creator to do so for personal use only.
I do think that the normal copyright laws will protect the creator in this case (i have very limited knowledge in this field though so i might be wrong here).
43  The Pirate Ship / ARR! / New confirmation on: 2007 July 23, 19:37:35
The hangover is your body's way of telling you that you need to get started on the drinks again Wink.
44  The Pirate Ship / ARR! / New confirmation on: 2007 July 23, 08:38:11
Quote from: "mando"
Ah! You missed the most important part of point number two. It has to be a legal agreement. Neither the digital art nor the Photoshop point are good examples, both are still bound by their original terms and licenses. From what I can see, things made to be used inside of the Sims as their original intent are not. Which is why I made the point below it, the paysite would have to prove that their intent was never to have the pieces made into .package files.

Photoshop and the outside digital art obviously were never intended to be used in the Sims. Meshes and textures made to be sold on a paysite included with instructions and materials to make them into Sims files are a different kettle of fish, aren't they.

So what if the creator of the digital art says in the legal text that the end user is allowed to use the creation in the game for personal use only, does that all of a sudden mean that it is free to share?
45  The Pirate Ship / ARR! / New confirmation on: 2007 July 22, 22:22:48
Quote from: "mando"
Well, it'll be even more difficult for him/her if this is the method he's proposing. Not only would it require someone willing to make this mythical program (or some kind of magician, I'm not sure), but it would also require legal documents and agreements by the room full.

As for that Photoshop thing...what? That makes so little sense, I'm not even sure where that came from. Photoshop is different from paid creations in that:

1.) What you're suggesting is totally unfeasable

2.)Photoshop is a seperate program unconnected to the Sims, that cannot be used inside of the Sims, and has it's own (legal) licensing agreements

You've said yourself that you're suggesting a system where people who download the creations will have no rights to distribute, or reuse the items for a separate purpose. Which effectively means that in order to do this they cannot put them in a package file and no information on how to do this can be included.

Take all the bytes that's on the Photoshop CD/DVD and put them in somewhere in a .package file and there you go Smiley.
In order to make the game accept having Photoshop in a .package file you would need to know exactly where and how to put the bytes there of course but for the sake of distributing Photoshop i guess we could live with not being able to use the file in the game.

But i realize that i once again have managed to blur the real question by going to the extent of things, so if the Photoshop example is too hard to swallow try the digital art one instead.

Your point number 2 is the same argument i use for why you can't redistribute the contents of the .payfile.
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