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Shutting down some paysites - thoughts and re fair use.
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Topic: Shutting down some paysites - thoughts and re fair use. (Read 11691 times)
BlueSoup
Fat Head
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Posts: 737
Shutting down some paysites - thoughts and re fair use.
«
Reply #15 on:
2006 December 31, 10:48:00 »
lol Delphy is a male, and not a female.
I'm not doing it, I think that you should post it there.
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Soup Parrot
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Posts: 637
Shutting down some paysites - thoughts and re fair use.
«
Reply #16 on:
2006 December 31, 10:59:57 »
Quote from: "BlueSoup"
lol Delphy is a male, and not a female.
I'm not doing it, I think that you should post it there.
blue i'd love to discuss this over there, and at Insim. Problem is did you see Delphy's big sticky over, I know you did how we'd get deleted, locked, banned etc. I noticed Christmas day he came here and was chatting. Here's the link to his post
http://forums.sims2community.com/showthread.php?t=31001
Hi All,
Recently there have been multiple threads regarding paysites, and included therein are sites that re-distribute files without the content creators consent.
This issue (and that about paysites) gets talked about all the damn time, with thread after thread after thread about it - and frankly, I'm getting tired of beating people over the head, so the buck stops here and now.
Anyone posting links or in a thread about anyone redistributing content - pay or otherwise - against the creators wishes or their terms of use will be warned for advocation of theft of intellectual property. Some of you are very vocal on this topic, but honestly, get over it. We don't care what you think certain EULAs state - we do not tolerate that sort of thing here.
This forum is not your own personal soapbox. No matter what you think, you have no rights over distributing anybody elses content, nor can you use this site to promote any site that does. As a community we can discuss the ethics of why things are the way they are, but as a site we do not encourage filesharing and we respect the wishes of individual creators.
* If you post a thread about this topic, you will be warned.
* If you post a link to sites that promote this topic, you will be warned.
* If you think we are all nazis and censoring you, you will be smacked upside the head becuase you have no rights here and future posting privileges are at the absolute discretion of the staff only.
* If you are able to discuss things in a manner that befits this site, then feel free to continue posting.
* If you see a thread on this topic, report it. Do not post in it saying "I don't think this is allowed", just report the thing - thats what the button is there for.
Everybody else, carry on doing what you normally do.
Regards
Delphy
Last edited by Delphy : 12-15-2006 at 05:12 AM.
SO, guess if we dont discuss advocating or justifying file sharing or mention these sites he cant ban us or close topic?
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Shutting down some paysites - thoughts and re fair use.
«
Reply #17 on:
2006 December 31, 11:07:39 »
Bethgael, thank you for taking the time to come here and explain this. I was flailing around and trying to explain copyright stuff on an earlier thread, but I'm not nearly so well versed as you are and I ended up mostly just flailing around. *g*
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bethgael
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Posts: 116
Shutting down some paysites - thoughts and re fair use.
«
Reply #18 on:
2006 December 31, 11:08:39 »
Quote from: "bethgael"
Quote from: "BlueSoup"
lol I posted a link to this thread on S2C, but it got deleted.
You guys should really post some of this stuff in the paysites thread there.
Good fucking grief, Blue. Keeping an eye on flaming and what-have-you is one thing, but when did education become anathema?
PS Feel free to quote me, as she suggests.
Yeah. He. I did mean he. Really. *sigh* Almost midnight here.
Editing rather than doubleposting my own topic. Reading through the paysites thread now. This is hilarious:
Quote
12-15-2006, 06:53 AM #80
surelyfunke
Join Date: Oct 2006
--------------------------------------------------------------------------------
Some of us are saving this thread, to encapsulate one of the rare moments that honest, free speech and healthy debate was allowed on S2C!
12-15-2006, 06:56 AM
Cynical Sim
This message has been deleted by Delphy.
Now where's that rollin' on the floor laughing 'till you're blue smilie when you need it? :lol:
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BethBlog - Updated 23 May - Sims Writing, notes on paysites
~~~
Quorneater
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Shutting down some paysites - thoughts and re fair use.
«
Reply #19 on:
2006 December 31, 11:08:55 »
Quote from: "Soup Parrot"
SO, guess if we dont discuss advocating or justifying file sharing or mention these sites he cant ban us or close topic?
Won't, not can't.
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Our lil friend must be stopped.
Soup Parrot
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Posts: 637
Shutting down some paysites - thoughts and re fair use.
«
Reply #20 on:
2006 December 31, 11:33:28 »
I cant find the thread where you all here at the site were doing hair comparison between poser models and Rose and Peggy. Can someone point me there.
I want to to put some Poser artists EULAS up, I will post these here, so everyone can read. Looking through some zips.BRB
PS I dont know if this will work maybe I will write Delphy privately about some issues, and see if we can discuss them there, AS long as we agree not to mention this site or advocate file "sharing". What do you think?
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tIIsuggas
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Shutting down some paysites - thoughts and re fair use.
«
Reply #21 on:
2006 December 31, 11:39:59 »
The hair comparisons were done in this thread.
http://forums.sims2community.com/showthread.php?t=30984
Post number 312 is where comparisons start.
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"Tomatoes don't hurt" I said with a grin.
The next one did, it came in a tin.
My stuff at
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LesserOr
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Posts: 134
Shutting down some paysites - thoughts and re fair use.
«
Reply #22 on:
2006 December 31, 11:40:05 »
Quote from: "bethgael"
I have had some trouble trying to explain this to mesh makers (who pm'd me on another site), because of the insistence that they should be rewarded for their work.
I will exercise my amazing psychic powers.
They:
1. Don't understand that a .package is different than a .jpg (I often think because all the coding work was done for them.)
When it's explained, they brush it off by saying "that's stupid" or "Well anyway, that doesn't matter, because-".
2. Think that EA's copyright can't possibly overrule their nebulous
rights
because:
A.) EA is their bestest friend and would of course support Artists by giving them anything they want!
B.) EA is a big evil corporation and they are raging against the machine and the raping of the glory that was the Sims until EA and/or Maxis destroyed it by coming out with ((Insert name of the latest expansion))!
3. Are immune to cognitive dissonance. Especially as it applies to claiming that EULAs aren't legally binding, while screaming that their TOS has been violated.
Bonus points if the creation loudly in question is photoskinned from a brand name catalog, on top of a stolen mesh.
4. Only bother reading into copyright law up to the point that they think they've found proof for their argument. Even this is usually pre-chewed and misquoted.
When the problem(s) in their theory are pointed out, they cannot be held responsible, because
they are not lawyers
.
This is the ultimate defense, because if you Don't Understand hard enough, all problems disappear.
5. Never do more than click through the EULAs.
If they did, they'd realize that EA could, according to what they agreed, scoop up all their content and slap it into an expansion. Without having to warn players to keep it off fat sims.
Of course EA wouldn't commit suicide in such a colorful way, but if these creators knew EA
could
, they'd dissolve into vapors.
It's largely hopeless, because the ones who argue are either willfully ignorant or have entitlement issues.
The deeper in they get, the more stubborn they become, because they can't possibly be wrong. If they were wrong, they'd have to stop what they were doing.
And that would be bloggable tragedy.
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Soup Parrot
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Posts: 637
Shutting down some paysites - thoughts and re fair use.
«
Reply #23 on:
2006 December 31, 11:51:12 »
AZ Productions, INC. LICENSE AGREEMENT
By using the software you signify that you have read and agree to all the terms of the license agreement.
AGREEMENT. THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, HEREINAFTER ALSO REFERRED TO AS "USER", AND DAZ Productions, INC., HEREINAFTER ALSO REFERRED TO AS "DAZ". BY OPENING THIS DATA PACKAGE OR USING THIS 3-D MODEL(S), MOTIONS, TEXTURE MAP(S), BUMP MAP(S) OR ANY OTHER 3D RELATED PRODUCTS, HERINAFTER REFERRED AS 3-D MODEL(S), (OR AUTHORIZING ANY OTHER PERSON TO DO SO), YOU INDICATE YOUR COMPLETE AND UNCONDITIONAL ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND DAZ. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, YOU MAY RETURN THE UNOPENED DATA PACKAGE (WITH ALL ACCOMPANYING MATERIALS) AND A COPY OF YOUR INVOICE TO DAZ FOR A FULL REFUND WITHIN THIRTY (30) DAYS FROM THE DATE OF PURCHASE. IN THE CASE OF SOFT GOODS (ELECTRONICALLY TRANSFERRED FILES) YOU MUST DELETE THEM FROM YOUR COMPUTER AND FROM ANY BACKUP DEVICES THAT YOU MAY HAVE USED.
1. 3-D MODEL LICENSE. DAZ grants to User and User hereby accepts, subject to the limitations and obligations of this Agreement, a personal non-exclusive, non-transferable License to use the 3-D Model(s), together with all accompanying written materials, images, and other data files (collectively referred to as "3-D Model(s)").
2. TITLE AND OWNERSHIP. Notice is hereby given that the 3-D Model(s) contains copyrighted and/or proprietary information protected by the laws of the United States. DAZ and/or DAZ Published Artist(s) retains all rights in, title to, and ownership of the 3-D Model(s). User shall take all steps reasonably necessary to protect DAZ'S ownership rights. DAZ gives no rights or warranties with regard to the use of any objects, names, trademarks, service marks, or works of authorship depicted in any 3-D Model(s) and the User must satisfy themselves that all necessary rights or consents that may be required for the User's particular use of a 3-D Model are obtained from the applicable third party(ies) owning or having rights in to such objects, names, trade marks, service marks, or works of authorship.
3. LICENSE FEES. User agrees to pay DAZ prior to or concurrent with delivery of the 3-D Model(s) the full purchase price for the 3-D Model(s). Any payment not made when due shall accrue interest at the rate of one and one-half percent (1 1/2%) per month. In addition, User agrees to pay DAZ any and all applicable tax that is levied in conjunction with the purchase of this License for the 3-D Model(s) whenever DAZ must collect and/or pay such taxes from or on behalf of User according to the applicable statutes and ordinances, as interpreted by the departmental authority of the taxing unit. Furthermore, User agrees to pay DAZ all costs, expenses, and attorney's fees expended by DAZ in the collection of the purchase price, whether by filing a lawsuit or otherwise.
4. GENERAL RESTRICTIONS AND TERMS OF USE. The 3-D Model(s) may be copied in whole or in part for User's exclusive use. Unauthorized copying of the 3-D Model(s) is expressly forbidden. User expressly agrees to include DAZ'S (and third parties, if any) copyright notice(s) and proprietary interest(s) on all copies of the 3-D Model(s), in whole or in part, in any form, including data form, made by User in accordance with this Agreement. The 3-D Model(s) is provided for User's exclusive use. User does not have the right to pfrovide the 3-D Model(s) to others in any form or on any media. Specifically, you (the User) may copy the 3-D Model(s) onto the storage device of an unlimited number of computers; provided that all such computers are physically located at your business, or if you are a residence, your place of residence located at a single specific street address (or its equivalent).
You may (i) access, use, copy and modify the 3-D Models stored on such computers at such single location in the creation and presentation of animations and renderings which may require runtime access to the 3-D Model(s), and (ii) incorporate two dimensional images (including two dimensional images that simulate motion of three dimensional objects) derived from the 3-D Model(s) in other works and publish, market, distribute, transfer, sell or sublicense such combined works; provided that you may not in any case: (a) separately publish, market, distribute, transfer, sell or sublicense any 3-D Model(s) or any part thereof; or (b) publish, market, distribute, transfer, sell or sublicense renderings, animations, software applications, data or any other product from which any original 3-D Model(s), or any part thereof, or any substantially similar version of the original 3-D Model(s) can be separately exported, extracted, or de-compiled into any re-distributable form or format. Subject to the foregoing limitations, and the rights, if any, of third parties in or to the objects represented by the 3-D Model(s), you may copy, distribute, and/or sell your animations and renderings derived from the 3-D Model(s). All other rights with respect to the 3-D Model(s) and their use are reserved to DAZ (and its licensors).
5. INFRINGEMENT WARRANTY. DAZ warrants to the User that, to the best of its knowledge, the digital data comprising the 3-D Model(s) do not infringe the rights, including patent, copyright and trade secret rights, of any third party, nor was the digital data unlawfully copied or misappropriated from digital data owned by any third party; provided, however, that DAZ makes no representation or warranty with respect to infringement of any third party's rights in any image, trademarks, works of authorship or object depicted by such 3-D Model(s).
6. OTHER RESTRICTIONS. This Agreement is your proof of License to exercise the rights granted herein and must be retained by you. User shall not give, sell, rent, lease, sublicense, or otherwise transfer or dispose of the 3-D Model(s) on a temporary or permanent basis without the prior written consent of DAZ. DAZ'S 3-D Model(s) and/or contracts are non-transferable and shall only be used by the Licensed User. User may not reverse engineer, de-compile, disassemble, or create derivative works from the 3-D Model(s). These restrictions do not pertain to rendered images or pre-rendered animations.
7. PROTECTION AND SECURITY. User agrees not to disclose, publish, release, transfer, or otherwise make available the 3-D Model(s), or any portion thereof, in any form, to any person, other than User's employees, without prior written consent from DAZ. User agrees that the 3-D Model(s) is the property of and proprietary to DAZ, and further agrees to protect the 3-D Model(s) and all parts thereof from unauthorized disclosure and use by its agents, employees, or customers. User shall be exclusively responsible for the selection, supervision, management, control, and use of the 3-D Model(s). User agrees to do all within their power to insure that their employees or any other user of the 3-D Model(s), complies with the terms and conditions of this Agreement. And User agrees to do all within their power to insure that their employees or any other user of the 3-D Model(s) refrains from taking any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent of the 3-D Models.
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9. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. If you are acquiring the 3-D Model(s) on behalf of any unit or agency of the United States Government, the following provision applies-- It is acknowledged that the 3-D Model(s) and the documentation were developed at private expense and that no part is in the public domain and that the 3-D Model(s) and documentation are provided with restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in Subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or Subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is DAZ Productions, INC., 1350 E. Draper Parkway, Draper, UT 84020.
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14. INDEMNIFICATION. User shall defend, indemnify, and hold DAZ harmless from any actions, claims, or proceedings with respect to the 3-D Model(s) or other provisions of this Agreement.
15. REMEDIES. The remedies provided herein shall not be deemed exclusive, but shall be cumulative and shall be in addition to all other remedies provided by law and equity. No delay or omission in the exercise of any remedy herein provided or otherwise available to DAZ shall impair or effect DAZ'S right to exercise the same. An extension of indulgence or forbearance (which must be in writing) shall not otherwise alter or effect DAZ'S rights or obligations nor be deemed to be a waiver thereof. The parties hereto agree that breach of any provisions of non-disclosure, secrecy, confidentiality, copying, use, protection, and security in this Agreement by User will cause immediate and irreparable damage and injury to DAZ. Each of the parties confirms that damages at law may be an inadequate remedy for breach or threatened breach of any such provisions. The parties agree that in such event DAZ shall be entitled by right to an Injunction restraining the User from violating any of said provisions. User hereby acknowledges that DAZ has disclosed or will disclose to User valuable proprietary data set products, which are new and unique and give DAZ a competitive advantage in the marketplace; that DAZ intends to use such information to expand its business throughout the world; and that a violation of any of the provisions of this Agreement is material and important and DAZ shall, in addition to all other rights and remedies available hereunder, at law or otherwise, be entitled to a Temporary Restraining Order and an Injunction to be issued by any court of competent jurisdiction enjoining and restraining User from committing any violation of said provisions, and User shall consent to the issuance of such Injunction. User acknowledges that the remedies provided for in this Agreement are not injurious to nor violative of any public interest or policy, and will not create a hardship greater than is necessary to protect the interest of DAZ.
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b. Governing Law, Jurisdiction, and Venue. This Agreement is governed by the laws of the State of Utah. Jurisdiction and venue for the enforcement of this Agreement shall be found exclusively in the courts within Utah County, State of Utah.
c. Trademark and Copyright. All DAZ products are trademarks or registered trademarks of DAZ Productions, INC. All other brand and product names are trademark or registered trademark of their respective holders.
DAZ Productions, INC., 2004.
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bethgael
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Posts: 116
Shutting down some paysites - thoughts and re fair use.
«
Reply #24 on:
2006 December 31, 11:53:17 »
I am in the process of composing a lengthy reply at S2C, so thatnks for posting that; it saves me from looking it up! :lol:
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BethBlog - Updated 23 May - Sims Writing, notes on paysites
~~~
Soup Parrot
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Posts: 637
Shutting down some paysites - thoughts and re fair use.
«
Reply #25 on:
2006 December 31, 12:16:47 »
Poserpros is owned by DAz3d so Im pretty sure its the same as above.
Here is from Renderosity. i think its old. There are different rules for certain things.
LICENSE FOR ITEMS PURCHASED THROUGH THE MARKETPLACE AT RENDEROSITY This license only applies to items purchased through The MarketPlace at Renderosity, not to any items from the Free Stuff area. It is the Buyers responsibility to read and understand this license. If you are unsure about anything, please send an email to
store@renderosity.com
. The Artist (Author) retains all copyrights to the enclosed materials. The Buyer is not purchasing the contents, only the right to use the contents. The Buyer may not redistribute this archive file, in whole or in part. The Buyer may not store it any place on a network or on the Internet where it may be referenced by a third party. Buyer acquires the copyright to any derivative works created using this work, provided none of the original materials can be extracted from the derivative work by any means. If Artist can show that any of the original material can be extracted from Buyer's derivative work, Artist can demand both the original and derivative work, and all copies thereof be deleted. For example, Buyer cannot make an image of a texture map mapped to a flat plane, such that the original texture map can be cut & pasted from the image. This is designed to protect the Artist from Buyers releasing work, which lets other users obtain the copyrighted material, and is not meant to infringe upon the artistic endeavors of the Buyer. Buyer may not make any MetaStream animation files with the enclosed materials, until this format can protect the original materials from being extracted. In the event a Buyer is not satisfied with the product a refund may be issued. Issuing refunds is at the discretion of the Artist and / or the Renderosity MarketPlace staff. Refunds will be issued only after the Buyer has worked with the Artist to fix the problem. When a refund is issued, the Buyer is responsible for deleting all files using the product and may not distribute the product. To protect the Buyer: Buyer is hereby granted a non-exclusive, non-transferable license to use all of the contents of the encapsulating archive file. Artist maintains that all items in the archive are their original work, or are derivative works from something found, and verified, to be in the public domain. Artist maintains they legally possess the power to grant the Buyer this license for all enclosed materials. Buyer may use the materials in any personal projects or commercial projects, as long as the Artist 's work is protected from extraction and none of the items above have been violated. Buyer may make a single backup copy of this archive file, for personal archival purposes only. Buyer retains this license, even if the Artist stops selling this work at a later date, or decides to charge a different price. The Artist may only revoke this license, if it is shown that a Buyer has previously violated the terms and conditions above.
read this thread:
http://www.renderosity.com/mod/forumpro/showthread.php?thread_id=2675662
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stim
Landlubber
Posts: 32
Shutting down some paysites - thoughts and re fair use.
«
Reply #26 on:
2006 December 31, 12:34:21 »
Quote from: "Soup Parrot"
Anyways what you didnt understand was I was saying that fear went through all sites, whether item was free or pay fear of being sued changed how everything was done, severely.
No, no, I understood you. And I didn't think you thought all third party work was stolen either. I think something got lost between my brain to fingers though, sorry about that. Painkillers, blah.
I was trying to explain that while being sued might be a big fear, it really shouldn't effect free sites because they'd have to get those cease & desist orders. They don't have to worry about residuals in paying for licensing for registered trademarks and such from corporations such as Disney. Paysites, however, have a lot to fear over that because they are
profiting
from something that under no interpretation of the law is theirs. Free sites are fine because if they get the C&D, they just remove stuff.
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url=http://paysites.mustbedestroyed.org/booty/exnem]Exnem[/url]
Peggy Sims 2
The Sims Resource
Soup Parrot
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Shutting down some paysites - thoughts and re fair use.
«
Reply #27 on:
2006 December 31, 13:01:01 »
Stim thats ok.
I was going to post then, Ive held off Blue, because I've taken another course of action, as soon as they get back to me, I will explain. But i was just checking Rose was affected by the earthquake too.
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bethgael
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Posts: 116
Shutting down some paysites - thoughts and re fair use.
«
Reply #28 on:
2006 December 31, 13:52:50 »
Argh!!! I just spent a good 45 minutes typing in a measured, good response only to find when I hit submit that I'd been logged out of the site in the meantime. I usually hit ctrl-C before hitting post, but forgot (it *is* almost new year here).
Stupid fragging site. Hitting "back" should have worked.
Will try again when less irritated. :?
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BethBlog - Updated 23 May - Sims Writing, notes on paysites
~~~
Soup Parrot
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Posts: 637
Shutting down some paysites - thoughts and re fair use.
«
Reply #29 on:
2006 December 31, 15:10:46 »
Geesh Delphy their discussing crack for pirated photoshop over here
http://forums.sims2community.com/showthread.php?p=713463
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