Universal Metal

Aerasin: thank you for the rip report, we are contacting the site admins and asking them to remove the file.

btw, Universe Metal is by Pixtudio, in fact, the concept of the suite came from Alexandrie.

Ah whoops. Oh double whoops, I've been calling it Universal Metal instead of Universe Metal. Silly me.

To...kudane @ eqinterface.com


A person by the nick of 'Drakah' has used graphics/images created by another author without his consent.
Put in simple terms, the taking of another's artwork for public use and/or distribution without consent is in violation of International Copyright Law as defined in the Berne treaty.

A standard form letter follows...

It appears that you are displaying images and/or skins on your site originally created by authors other than yourself.
Although images are freely available for download on the Internet, they are EXPRESSLY for personal use, which does not include the reproduction and redistribution of them via another site such as yours.
The modification, and/or re-distribution of an artist's images without his/her express permission is in violation of the Artist's Copyright, and is pursuable in law.

Whether these images link to the original artist's site or not, or whether the Original artist is credited or not, without prior permission to display such, you are in violation of inherent and/or expressed copyright.

I strongly suggest you remove any such images for which you do not have permission to display via verification of aurthor, and minimize the potential for litigation against you and subsequent claims for loss.

I await your favourable response.

Paul Martin
Jafo
[Admin...Wincustomize.com]
[Admin...Pixtudio.com]
[Senior Member...Deviantart.com]

Please note that particularly where an artist's work is distributed for sale or profit then damage/injury is finite and tangible and indeed grounds for litigation.
The reference to 'hiding behind the anomymity of the Internet' will not work, as it does not exist, just ask your local 'Federal' police.

In 30 years of dealing with similar copyright authorship issues I can assure you your position is indefensible.

Feel free to contact me for further explanation/clarification.
Sincerely,
Paul Martin
[email protected]
Admin Wincustomize.com
Admin Pixtudio.com [originator and owner of the image/s]

Thank you so much once again, Paul

Sorry its 'off topic' but have to say Jafo thats a great Desktop piccy you got there
[Message Edited]

here is a quote for the "server admin" dolbyNext time if you feel some one is ripping graphics or something else from another mod/webpage/program/etc and not giving proper credit send a PM or Email to Kudane or Myself or even to the author. From this point on all public posts about this will be deleted. I do not want to discourage people posting their work in fear some one might call them out.


Speaks volumes does it not? I get the feeling that should one browser their UI's they would find lots of grafx used without original author consent.

Static...yes, I read that, hence going directly to the Admin as he requested...

Wow - that is an awesome letter. It really wakes you up, no? It feels kinda weird ratting someone out but I get tired of sitting on the sidelines when things like this happen. It was really bothering me that all these people in the community admire and respect this individual while he and his supporters continually denied that the skin was rip despite me having showed them proof otherwise.

*sigh* - if half the effor put into ripping was put into original content what a wonderful world this would be.

Aerasin...this is particularly of interest to me, as I just recently completed and uploaded a 'Universe Metal' WinAMP 2.91 skin, have a version of the same in the pipeline for Windowblinds, and have almost completed the LiteSTEP theme as well.
The difference here is that I asked for, and received Alexandrie's [of Pixtudio] consent to do so...

BTW....https://www.wincustomize.com/skins.asp?library=10&SkinID=803 the WA skin...just as an example...
[Message Edited]

Thanks Paul you are always the best to find right words!!

Jafo, do you use 1 mail, witc you addapt to the rip, or do you rewrite them evrytime?

The response...

-----Original Message-----
From: Kudane Cheetahfeet
Sent: Thursday, May 08, 2003 3:47 PM
To: [email protected]
Subject: Re: Universe Metal and copyright theft.


Paul,

First, I understand copyright laws... your presumption to include a form
letter to me about it, and how I have not defensable posistion is both
pointless and rude. You start with an introduction and point out the
problem, then if I don't want to change anything you start threating emails.

BUT to the topic at hand, I recieved two emails within 14 mins of each other
tonight, both pointing out that Drakah's chrome is using pixtudio images.
BOTH from people saying they are from pixtudio.com. I will replying to
"treetog" Renato Veras who was the other person who emailed me.

You however did not link or send any samples of the artwork that he is
accused of using, or for that matter a copy of the copyright on that
artwork. (just saying its copywritten doesnt make is copywritten, you have
to register it). Sooo its VERY hard for me to verify your claim or do
anything about it if it is shown to be true. I have 120,000 subscribers, and
over 900 files available.. you will need to be a bit more specific. If he
has indeed used images from you without permission then I am my partner will
take steps to correct it, but before we condem the man, I would like to see
specific examples of where the image is yours.

untill such time as we (you, my partner, and I) have had time to get to the
bottom of this please ask him to run any further contact regarding
pixtudio.com through you.. I appreciate he is doing what he feel is right,
but I feel confident that once you and I reach an agreement and understand
he will also be happy.

please don't let the tone of my email bother you, I promise that if he has
in fact used images that he did not get permission to use, they will be
changed or removed. but, at the same time. I am running a free site, for
people to share thier creations with others who play EQ, at this time I have
not made a penny from this site, soo to have you include a form letter
threating me was very un-called for. Next time you might start with just a
simple "By the way, I think there could be an issue" and see if it doesnt
resolve itself.

Jim Garner
aka
Kudane Cheetahfeet
Owner/Admin


My reply....

Jim...

I'm sorry if the tone/content of my email was rude or impolite. That very definitely was NOT my intention.
I've been involved with defending artists' rights relating to online images and other property for many years. Some of the artists I am involved with do not have English as their first language and rely on my help to explain things more clearly...[though I have one heck of a time with the Russians...even Babelfish lets me down].

The Wincustomize.com message thread relating to this issue is... https://www.wincustomize.com/msgboard.asp?BID=WC&id=146092#146162
That links to a forum thread on your site..
http://www.eqgui.com/showthread.php?s=&threadid=8189&perpage=30&pagenumber=2

Which explains the bulk of 'our' problem and why, and since messages posted to the latter will be deleted, has led to my emailing you direct.

Two people responded on the Wincustomize.com thread, treetog [Renato Veras] and Alexandrie [Johanne Chaine].
They are 'Pixtudio.com' a highly successful skinning and site creating company, with clients who include Microsoft, nVidia and Nintendo. [You may have heard of those, at least].

Both these two, and myself, along with several others are Admins for Stardock.com's website 'Wincustomize.com' https://www.wincustomize.com .
One of the Skins for actually skinning the site itself is called 'Universe Metal' and is very recognisable/distinguished by a series of horizontal 'slats' on a silver-gradient bar with a glassy 'bubble'-finished blue title 'window'.
I know the detail/s very well indeed as I have just completed and uploaded a Winamp 2.91 skin using these exact same graphic elements, however I previously sought and obtained permission to do so.

Contrary to your belief, an artwork of any form does NOT require to be registered to have a status of copyright applied. Trademarks do, but not artwork, images or photographs, and neither do Architectural drawings [my professional field].
All that is required is to be able to verify authorship.
In this case, the person who is using the images without consent has admitted in that thread on your site that the images are not his, but who cares?
Answer...the images' owner/s care.

The only 'necessity' for image copyright registration is to make a lawyer's job less 'involved'. They recommend it that way because they are inherently 'lazy', that is all.

As for size and complexity of handling a site, try ours...somewhere over 12,000 files online, near to 700,000 registered members, excluding casual visitors and at this instant there are 1170 members currently online, again excluding casuals.
Wincustomize.com is a significant site of substantial size and popularity and it's this sort of Artists' protection that helps keep it that way.

If you need specific dates of creation of the original artwork/s to verify their origin I'm sure I can provide them, via Pixtudio.com, but that should not even be necessary, as the 'ripper' [as it's commonly referred to in the online graphics community] has stated his 'guilt'.

Again, feel free to liaise further if necessary, and again, forgive the apparent 'strength' of the original email's wording, but I needed considerably stronger to convince Nullsoft [WinAMP] of one of their previous 'incidents'.

Yours, sincerely,
Paul Martin
JAFO
Admin Wincustomize.com
Admin Pixtudio.com

Next reply...
-----Original Message-----
From: Kudane Cheetahfeet
Sent: Friday, May 09, 2003 12:15 AM
To: [email protected]; treetog
Subject: Re: Universe Metal and copyright theft.


Paul and Renato..

I have emailed the author of the image that you both brought to my
attention, I am waiting on reply from him. To be fair I am giving him a
chance to tell his side of the story. I will look into this whole thing more
today as I have time from my job, and touch base on it again after work.

thank you both for your patience. I promise that we will find a solution. if
you look at the front page of our site, it specifically says that proper
credit must be given, I need to go in and add a sentance about gaining
permission also.

as possible solution, if Drakah was to included a link to pixtudios, and a
"blurb" about pixtudio both in the description and in the readme.txt file
that downloads with it, would that work as compensation if , in fact he did
use the design as a template. Since the website is not making any money from
the downloads, people that like the EQ version may infact come over and get
the window version. This is only a thought I had this morning, sooo it could
be tweaked accordingly

As I mentioned to Renato, The designs are very similar, but have totally
different content. since one is for a game interface and the other is
windows, winamp, etc..

again, thank you for giving me time to check into this and get it cleared
up. I am again CCing my partner so he is aware of the situation.

Jim Garner
aka
Kudane Cheetahfeet


My reply...


Jim...
Thanks for the speedy response.
Any decision/consent relating to credits and/or permission/s being granted is wholly the responsibility of the Original Artist/s, Renato and Johanne of Pixtudio.com

I do not have authority to distribute rights of copy on their behalf, so I'd suggest the person concerned contact either of them for permission/etc., if they are willing.

You can certainly trust my opinion of the certainty of copy plagiarism in this case.
Just compare his with this... https://www.wincustomize.com/skins.asp?library=10&SkinID=803
a work done by myself directly from screen capture and extensive modification in PSP6 to create a WinAMP 2.91 skin.
This was done with the full knowledge and consent of Pixtudio's Alexandrie [Johanne] who was the original artist, collaborating with treetog [Renato].

Those two names are perhaps the most significant in the whole 'Skinning' industry, and their work and reputation is known on every online skinning site.

Because of their fame and recognition two things follow....they are the most-often 'ripped' [graphics, etc taken and used without consent for other distributed means], and the most easily recognised as being ripped. So many people know their work it is soon 'found', as this instance was.

There's no real necessity to check further...the copy is so distinct and definite it may as well be trying to be an apple with a segment cut out of its right side and not be a Mac registered trademark...

Taking and using images for one program/use and adapting them to another is called 'porting', and requires prior permission and credit given/displayed...then everyone can be happy.
Credit alone is not enough, permission is required also. "I know it's your car but I'll take it anyway"...doesn't work, but..."can I take your car?" "yes"...does...

Cheers,
Paul.

I don't understand the general position of the people at eqinterface.com that have been involved with this so far. Its so glaringly obvious that this is a derivative. I could probably go pixel by pixel of positioning of the elements such as the slats and the bubbles on the title bar and find them exactly the same. The only difference I see is the tone of color.

And yet, it seems like everyone is absolutely determined to keep this mod on the web site. Surprising it seems as if the insistant answer is just putting a simple blurb to fix the damages that have already been done. In fact, it seems that nothing is really being learned, almost if the site supports using copyright material and being free to do so since the designs are wholy free.

To me this goes against the entire ethics of the designing scene in which a vital part of respect entails giving permission and respecting the wishes of the author when permission is in fact not given. If Alexandrie were to give permission now I think it would completely negate the lesson that some of the people need so vitally earn: a copyright infringment has been made, there is are penalties for doing such and the nicest solution is to have it simply removed. You could easily press charges which is in your legal rights, and in my opinion might be the only way to really wake some of these people up. :/

The interface was removed from our site until further investigation. Thank you for bringing this to our attention we really do appreciate it. The everquest skin author has been a long time community member and has always given credit where it was due. At first I really didn’t see the similarity but upon further investigation it does look like some portions have been copied or heavily inspired witch does warrant consent from the original author and proper credit given..

I apologize if you felt we didn’t act soon enough however we needed the time to make sure. We are still contacting the author of the Everquest interface in question and hope to work something out between the two authors.

I can’t say this has happened before on our site so please forgive us.

Tom Finn (Dolby)
Eqinterface.com / eqgui.com server admin

Well, better late then never

Tom...
Thankyou for having the 'problem' removed.
It is appreciated by one and all whose works are similarly potential 'targets' of property rights abuse...

Here here

 DolbyEQGUI : Thank you so much for such a quick response and fair atitude.

My Respects

I've seen a few 'rip' reports on this board but that is the first time I've seen someone 'step up to the plate' and take some responsible action. That is impressive.

Well said.

Thanks DolbyEQGUI