Abuse of power, can it really be stopped?

Published on November 8, 2005 By WC Ambassador In WinCustomize Talk

Abuse of power, can it really be stopped?

A screenshot is a screenshot. Nothing is more innocent than that. I have made a windowblinds skin based on Nvidia Reactor Windows Media Player by TSF. The skin turned out as if the great Pixtudio group made it. People loved the screenshot and have shown love toward it. I have updated many skins that are available to the publics, yet I never shared them because I know the authors still have full right over them. I'm good at respecting people's work. The Skins Factory hated the fact that the skin has a premium feels and started to threat me. Now the screenshot is disappeared. What TSF wants, TSF gets. How can a screenshot become so controversial?

Mike Bryant was one of the main reasons I have subscribed to WC ‘cause I’ve learn so much through his works, but...

Comments (Page 4)

Phoon

on Nov 08, 2005

Anything goes in screenshots....except...
Porn
Racial Vilification/personal attack
distributable content...eg unobscured walls created by another person.
An intention to unlawfully distribute another's property via posted email links.
The determination of what does or does not 'fit' within those limitations is the responsibility of the Site's moderators

So Jafo, I stand corrected. That's okay with me. If I were never wrong I would never learn anything.
Now, If I stand corrected then TSF has no business at all trying to bully and threaten people any longer if they modify their work and post it as a screenshot. I've seen them do it in the past quite a bit and it was justified by the reasons I stated earlier.

In this instance, if the author of the SS was insinuating that he would distribute the works which were the result of plagiarism, then that is a different case.

scorpio-logic

on Nov 08, 2005

If I post a screen shot, do I have to hide my throbber

Bichur likes his throbbers.....

So, what is this screenshot we are talking about...

WCAmbass posted a screenshot of an nVidia Reactor ported WB skin. I must say it was a very fine job, if I could get it I would; I don't have the ability (yet) to do a modification/port like he did. The nVidia Reactor Media Player skin by The Skin Factory. I won't post a link, just cause I am a little scare-dee-cat.

Jafo: Thanks for clearing some things up, without me having to ask. I have been working on some skins, and I posted one in a screenshot in these very forums. I think it was the "show us your november desktop" or something.

Did I miss something a while ago, because this thread was locked for a minute..?

HG_Eliminator

on Nov 08, 2005

it has always been to my understanding that a screen shot falls under fair use, hence not really necesetating a "permission". as most screen shots are used to show off the uploaders "cool" desktops, the uploader isnt trying to depict the skins author in a bad light...so there has never been a problem with Screen shots ...even modified ones... but i also know TSF's feelings on upping screen shots with their works modified.. so I out of respect for their wishes ask permission before I upload.If i get "no" then it dont get uploaded...sure i may not have to...but the idea is respect .....

as for encouraging peeps to send emails .. (wether or not they actually got the skin sent to them).. is basically offering "copywrighted" goods with no permission... WC had to remove the screeny and the comments to stop possible use of the WC site to distribute such goods...

Threi

on Nov 08, 2005

what a shame....woulda been a great skin/windowblinds. i guess its not ok unless he takes credit for it?

CerebroJD

on Nov 08, 2005

I dont quite get why its TSF that has the rights to the skins, when they were made specifically for the other companies. In my opinion, that would mean that TSF would have NO control over who gets to make more skins, since it would be up to those companies to give permission. Thats my interpretation anyways...

Sleeping Dragon

on Nov 08, 2005

TSF is protecting the rights of their clients. They cannot be aligned with any mishandling of copyrights or intellectual rights.

HG_Eliminator

on Nov 08, 2005

since TSF typically uploads their clients skins here with permission, they cant afford to have peeps using WC to distribute unauthorized versions or ports ....if TSF didnt step up and say something then they could be looked at badly by future customers ....

Apocalypse_67

on Nov 08, 2005

We need to keep in mind that commercial authors/artist not only protect the rights of their clients but also the rights to their work.
The fact that a company hires/licenses an author to create a skin doesn’t mean that such author should stand by and witness the illegal distribution of a contracted work.
TSF does not port any image or previous work from their clients, they do all of their work from scratch therefore they have a saying on their graphics.
Screen Shots are harmless and encouraged (other wise why would WC include a SS section on their site) as long as they don't violate any of the site's guidelines or author's copyrights (as stated by Jafo on a previous reply)
Intentions to distribute ported/altered material without proper permission clearly violate guidelines and laws.

What TSF wants, TSF gets.

Any author that presents an original own work is protected by rights and is entitled to some demands. What such author wants, such author gets. This rule is not exclusive to TSF

Jafo

on Nov 08, 2005

Any author that presents an original own work is protected by rights and is entitled to some demands. What such author wants, such author gets. This rule is not exclusive to TSF

Nicely put....was about to pen much the same...

Lantec

on Nov 08, 2005

Sounds like 'nuff said.

Lantec

on Nov 08, 2005

Jafo, I sent you a email a day or 2 back about something in the themes library. I know you probably get a lot but I didn't want to post any links here.

Jafo

on Nov 08, 2005

Lantec....been a bit 'busy'...allegedly there's a thing called real-life...but I'll get there...

Lantec

on Nov 08, 2005

Figured as much.

starkers

on Nov 09, 2005

[Sleeping Dragon]
TSF is protecting the rights of their clients. They cannot be aligned with any mishandling of copyrights or intellectual rights.

Exactly....and why this is perceived as arrogance..... beats me. TSF is only practicing good business sense by meeting its obligations to its clients, and should be respected...not scorned. Seems to me, there are some who would benifit from having to stand in anothers' shoes for a while. It's not arrogance to honour ones' contractual agreements by protecting the property and rights of ones' clients, though criticising and condemnation without qualification IS. It also brings negative attention we can do well without

This is a very good point....TSF is a highly respected and professional unit that cannot afford to have its integrity or professionalism compromised.

Furthermore, TSF's clients, both present and future, are not going to allow the sharing of their skins on WC (or any other site) when controversies over the content continue to arise. Heck, why would TSF even want to freely share in a climate of name calling, accusation and bad attitude!!! Given that so many of us enjoy and appreciate the works of TSF, we all need to consider this....treat someone badly enough for long enough and they'll take their building blocks a go play elsewhere....and that's not what the majority wants.

WC Ambassador .....I did not see the screenshot in question, but if it contained anything specific to a TSF skin, and links which may have led to the non-consentual distribution of said skin, then Wincustomize did the right thing in trying to protect the rights of another and did not abuse its power.

DJBandit

on Nov 09, 2005

I am curious to know what exactly was said that everyone, who never saw the screenshot, thinks it was for ditribution when WC Embassador said he does not distribute and it was not his intention to do so. It seems that everyone here is saying that it's OK to show a screenshot (of a modified skin or something like that) as long as its not being illegally distributed and that's what WC E said he did yet everyone is being so hard on him. Did I miss something or maybe no one reads every post here?

Is there proof that he was either going to or had intentions of distributing this skin without permission? Or is everyone just ignoring the possibility that he said he was not going to distribute it cause ehe never does? I just simply want to know to understand all this.

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