Lol.., where are the copy rights?
Chaninja, you have to see this...
Tuesday, June 6, 2006 by TYCUS | Discussion: WinCustomize Talk
..yes, it's Chaninja's ip
Linkrealy, Jafo.., please dont delete this post..., let people know how software developers stole skinners art..., or maybe Chaninja gave them the right to use his Ip...
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Reply #42 Thursday, June 8, 2006 9:20 PM
If anyone has an issue with an upload they should use e-mail to contact a moderator. If I see a problem it will be dealt with seconds after I see it - but bear in mind (that like other moderators here) I have a job and a life and cannot be here (how ever much I wish I could) 24 hours a day. We are also not personally responsible for being able to recognize every image on the net, no-one can, we need your assistance with that.
The benefits of a public (messageboard) alert to a potential incident does not aleviate the damage caused to an innocent party by a false accusation. Innocent until proven guilty is the rule in most places, so let's keep it that way 
Reply #43 Thursday, June 8, 2006 9:27 PM
...this could work for the new ones that doesn't know all about this site.
Reply #44 Thursday, June 8, 2006 9:27 PM
Master Apprentice Po' Smedley ...when I said 're-signing' I meant the alteration of the wallpaper used to actually include text of the uploader's name.
A bootskin uploaded by 'JAFO' can use a wall by 'Fred Blogs' but I am NOT allowed to then insert MY name [JAFO] on that wall image - on the bitmap.
It is assumed that an uploaded bootskin will either have a wall drawn BY the uploader [and can be signed by him] or 'belongs' to someone else [and used with permissions/whatever] and will then NOT be signed by him.
Either way, the resulting Bootskin is 'his' work or an appropriate amalgamation and can be uploaded to his gallery.
If the image is NOT his it cannot have a signature attached by him to it...
Reply #45 Thursday, June 8, 2006 9:29 PM
Reply #46 Thursday, June 8, 2006 9:40 PM
| Kol is a Master so noone moderated it. |
well.., that's not fare...
Reply #47 Thursday, June 8, 2006 9:41 PM
| when I said 're-signing' I meant the alteration of the wallpaper used to actually include text of the uploader's name. |
Thanks for taking that matter seriously Jafo.
Reply #48 Thursday, June 8, 2006 9:47 PM
| it would be great if we have a "lock" (no comments allow) post, with the moderators name and email.., that we can always see at the forum.., something like: "How to report a rip" |
I think a section where someone can e-mail the moderators without having to display their "real" e-mail addresses would be appropriate.
Reply #49 Thursday, June 8, 2006 9:50 PM
| well.., that's not fare... |
'fair' ...
And yes it is. Kol's works/contributions to skinning deserved him his position which has the 'perk' of not requiring moderation.
Sometimes, however errors occur....and, to be specific, the exact same 'error' occurred with Kol's uploads as did with Double Zero's.
Both have been dealt with equally.
Or...
'fair'....
Reply #50 Thursday, June 8, 2006 9:50 PM
| I think a section where someone can e-mail the moderators without having to display their "real" e-mail addresses would be appropriate. |
yea.., sounds good
Reply #52 Thursday, June 8, 2006 10:00 PM
| Hopefully Wincustomize.com can have a nice new shiny "Report this as a rip" button on each upload [as DeviantArt does] so this public 'outing' won't occur. |
Sounds even better [from post #32]...
Reply #53 Thursday, June 8, 2006 10:05 PM
| "Report this as a rip" button |
lol.., ok, ready for the noob question
?How does this button work?
Reply #54 Thursday, June 8, 2006 10:20 PM
If you take any image, altered or not, that was created by someone other than yourself, and upload it with your name as author, without the original authors permission or giving credit to the author,I thought you were resigning it wether you put your sig on the image or not. You're still uploading it as your work with no credit to the original author, leading everyone to think that you created it.
| It is assumed that an uploaded bootskin will either have a wall drawn BY the uploader [and can be signed by him] or 'belongs' to someone else [and used with permissions/whatever] and will then NOT be signed by him. |
I suppose it is the word 'assumed' that is confusing. The mods assume someone has obtained the rights or permissions, but it's not required you submit them for the work to be approved. Perhaps if such rights were required, less rips would be posted and people browsing would not see such an image and 'assume' it was ripped. I would assume if I uploaded a boot with a pic of Jessica Simpson in a thong, no one would assume it was from my private photo album of my last birthday party and Jess told me I could use the pic while she was posing for it.
Reply #55 Thursday, June 8, 2006 10:21 PM
And thanks for the fairness on the Kol wall...sorry Kol..not my rules. 
Reply #56 Thursday, June 8, 2006 10:31 PM
| I would assume if I uploaded a boot with a pic of Jessica Simpson in a thong, |
That problem wouldn't arise....we don't accept 'chick-walls'.
The issue with what constitutes an 'ownable' work always pops up regularly.
Put as simply as possible...
A wall is JUST A WALL. Nothing you do to it really adds 'value' or is seen as incidental, or fair-use. It is simply someone's wall/image.
A Logon/Bootskin generally is [hopefully] MORE than a wall. It has 'value-added input from the uploader.
Provided the wall image is deemed approved for use in the context of a redistributed logon or boot then it will be accepted.
It is ALWAYS preferred that sources are credited and/or linked, but again, the ONUS is primarily upon the skinner/boot/logon uploader to determine that HE HAS THE RIGHTS TO USE THE IMAGE.
I'm pretty certain such is mentioned on OUR [Wincustomize.com] Terms Of Use....
Reply #57 Thursday, June 8, 2006 10:33 PM
| Jess told me I could use the pic while she was posing for it |
oh my....
Reply #58 Thursday, June 8, 2006 10:37 PM
Of course, simply colorizing an image is not at this point, but if you manipulate and integrate an image into your own work, it becomes yours. The problem seems to be that many 'rips' here don't come close to this 'point,' and the reaching of this 'point' is subjective.
If Po' takes this image of Jessica Simpson, changes the color, draws and paints on it, flips it around, burns the edges off, tears it up and put it back together, it is his interpretation of the image, thus making it his.
Reply #59 Thursday, June 8, 2006 10:42 PM
| value-added input from the uploader |
This is what I started saying when I first mentioned the Vistadock Icons, only I used the word 'altered' (my bad).
How do you 'add value' to someone elses copyrighted image? I can't go into the museaum and take the Mona Lisa off the wall and say "I'm gonna alter it and add value to it." It's a finished, complete work and it's value is what it is. This 'value-added input' seems more like a loophole to me. You can change the name, but a rose is still a rose; ripping is still ripping.
| That problem wouldn't arise....we don't accept 'chick-walls'. |
I wish there had been a 'wink' after that so I knew if you were serious or making light. It was just an example, in case you thought that I was serious.
Reply #60 Thursday, June 8, 2006 11:02 PM
Sorry, Po....there should have been a 'wink'...
Though it is reality....we don't accept them...
'Value added'...
Warhol doesn't own the can...or the label on it.
He cannot claim the can as his own 'artifact'.
Likewise a wallpaper belonging to one person cannot be 'owned' by another.
Warhol DOES own the painting of the can. He 'value-added' to the can by redefining it as a painting.
Campbells got a bit upset...though the PR must have been priceless...
The Logon uploader/skinner has more to do than just insert bitmap100 [the wall from elsewhere]. He has to also skin/draw/create a dozen or two other images.....and the sum of all that becomes the Logon....analogous to Warhol's painting.
Warhol did NOT sign the Painting 'Campbells', nor does the Logon skinner need to change his uploading nick to that of the wall artist.
Both have a responsibility [?] to not confuse ownership of that which makes up the end result.
With Warhol it was self-evident.
With [some but not all] of the Logons/boots it is not, and therein lies the problem....
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Reply #41 Thursday, June 8, 2006 9:18 PM
The only possible way I can see is either tracing their domain or, signing up for their "affiliate" program. The latter of the two being out of the question IMO.
It's too bad that ChaNinja didn't post an e-mail. He could be contacted and, this would be resolved. Maybe it would be in W.C.'s interest to write him? I don't know...just a thought.