Rip site continues to rip........

Monday, September 29, 2003 by BoXXi | Discussion: WinCustomize Talk

http://winboost.free.fr/ are displaying wallpapers without permission, including some of mine.

I'm sure we asked them to stop it, I'm also sure they agreed to stop. No such luck!


[Message Edited]
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grayhaze
Reply #21 Wednesday, October 1, 2003 12:02 PM
Well this is what BabelFish has to say:

Hello with all, I am thus the administrator of the site winboost.org, and I have just taken note of your remarks! how I it have déja explained, if works "wallpapers" present on my site one nothing to make there I am been sorry by it, do not hesitate to contact me and I would remove these works without you pose least the concern! At the time of the creation of the site I did not have contents on the level "wallpapers" I thus made a request on the level of my forum (1ere version of the site) and they are Net surfers who one placed these works there at my disposal, it is true that certain were accompanied by right of diffusion and others not! And I admit having all the same to diffuse! I excuse myself some auprés of the respective creators, but I did not penssais to make of evil! Thus and to finish, I commit myself closing the very same day in integrality the section wallpapers site if you make the request of it and this. My goal being to try to increase the community on the level personalization of PC, and not to cause the anger of the creators! However as you will aurrez pû to note it my site is entirely free without the least pub, because I do not wish to make profis with the work of autruis! I espere that you will include/understand, and I taken to you to accept my excuses. In a friendly way, Julien.
grayhaze
Reply #22 Wednesday, October 1, 2003 12:05 PM
And #16 above:

Good evening, Indeed, after these some explanations, the things appear more clearly, which is unfortunately not the case with the first glance on the site... I am not personally the author of Wallpapers not concerned, but I am member of a site which you perhaps know, treating of all that touches with the "customisation" of PC (in the event wincustomize.com) Souvent, authors of Wallpapers, skins various, etc, see themselves "pirated" their creations, and a "thread" was recently open by "BoXXi" relating to your site. That being French, I thus allowed myself to leave a word... That being it would be sympathetic nerve to come to explain your following position with the URL: Link this allowing to avoid any misunderstanding. Moreover your site is not badly whole...) Cordially Philippe

----------------------------

Hello, I am the administrator of the site winboost.org, and I have just discovered your message in the gold book of the site! I never presented the wallpapers as being achievements of the site or even of my creation, except the 2 in top of page! If however one of these achievements is of your creation and that I do not have to ask for your permission for the diffusion to you, indicate to me the name of the wallpaper and I will withdraw it without problems! Additional information, in the passing of the mouse on the capture of the wallpaper the infos of author appear (proof that I do not monopolize myself these?uvres)! I remain at your disposal for all other remarks, Amicalement Julien
neophil78
Reply #23 Wednesday, October 1, 2003 2:22 PM
BabelFish is not tooooooooooo bad ...
grayhaze
Reply #24 Wednesday, October 1, 2003 2:28 PM
Well you can at least get the idea of what's been said.
Jafo
Reply #25 Wednesday, October 1, 2003 4:02 PM

OK....thanks, guys......now if someone can use a 'human translator' rather than the double-plus ungood doublethink of Babel to translate the next para to send to him all will be well...

 

Julien, thankyou for your response.  The problem with posting an artist's work publicly first and then giving them the opportunity to subsequently request their removal is flawed by the fact that the permission to display the work is required BEFORE it is displayed, not after.

Your site should be set up for artists to submit their work and in so doing are consenting to its display.  Then, provided the work is in fact theirs to submit you will have no problems with your graphics sections.

The best procedure for you to follow is to remove all the walls currently displayed, check for any which have proper consent with them and only display those that do.  You can then seek other artists of interest to you and invite them to present their works on your site as well.

neophil78
Reply #26 Thursday, October 2, 2003 7:44 AM
Admin Jafo - 10/1/2003 4:02:07 PM
OK....thanks, guys......now if someone can use a 'human translator' ...


PROMOTION : Subscribe to our "online" human french translator, very cheap, just 19 € 95 per ½ h to get a full access for our beta translation and full support during that time ...

Jafo
Reply #27 Thursday, October 2, 2003 8:07 AM
neophil78....I'm asking a simple request for a simple result in order to help the 'community'. What are you doing to help?
neophil78
Reply #28 Thursday, October 2, 2003 8:12 AM
Admin Jafo - 10/2/2003 8:07:34 AM neophil78....I'm asking a simple request for a simple result in order to help the 'community'. What are you doing to help?


see #16 and #18 ... i think it's me and no one else who contact the webmaster of this site ...

but don't worry i'll try to inform him of what you think ... Maybe you might also think that's as i'm not a native english speaking, it's not completly easy to do ...

neophil78
Reply #29 Thursday, October 2, 2003 8:41 AM
Here it is ...

Julien, thankyou for your response. The problem with posting an artist's work publicly first and then giving them the opportunity to subsequently request their removal is flawed by the fact that the permission to display the work is required BEFORE it is displayed, not after.Your site should be set up for artists to submit their work and in so doing are consenting to its display. Then, provided the work is in fact theirs to submit you will have no problems with your graphics sections.The best procedure for you to follow is to remove all the walls currently displayed, check for any which have proper consent with them and only display those that do. You can then seek other artists of interest to you and invite them to present their works on your site as well.


may become somthing like that : (not a ltteral translation, but a "human one"

"Julien, merci de votre réponse.
La question de la diffusion publique du travail d'un artiste en première intention, puis de de lui laisser la possibilité par la suite de demander son retrait est vicié par le fait que la permission d'affichage du travail est à demander AVANT et non après sa diffusion.

Votre site devrait être conçu pour que les artistes puissent soumettre leur travail et de ce fait consentir à leur diffusion. Ainsi, le fait de mettre à disposition leur travail serait de leur responsabilité et vous n'auriez aucun problème avec votre section de graphiques.

La meilleure solution pour vous est de supprimer tous les fonds d'écrans actuellement présentés, de demander à leurs auteurs respectifs leur autorisation de diffusion et afficher uniquement le travail de ceux qui auront répondu favorablement. Vous pourrez ainsi chercher à intéresser d'autres artistes et les inciter à venir présenter leurs oeuvres sur votre site"

that's only 19 € 95, and you can pay by CB ...
neophil78
Reply #30 Thursday, October 2, 2003 12:58 PM
Well, anyway and after having consulting this website i think the guy is not a ripper at all : for each wall, there's a tooltip (mouseover on the pics) wich indicates name of Author and Website ... it's not the same thing that if he had said that he did these wallpapers himself ... in a kind of matter it's like when once is posting here a sceenshot mentionning who are the artists who did the different parts of it. Are screenshots uploaders rippers ???

It's my point of view ...
[Message Edited]
Chef Garry
Reply #31 Thursday, October 2, 2003 1:37 PM
If he didn't include permission from the artist, it's a rip.



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neophil78
Reply #32 Thursday, October 2, 2003 2:08 PM
Chef Garry - 10/2/2003 1:37:40 PM If he didn't include permission from the artist, it's a rip.


When i upload a screenshot, i'm not asking before to the differents artists if i can do it ... but if you check my screenshots you'll see i always try to mention who did what ...

Zodiaq~
Reply #33 Thursday, October 2, 2003 2:19 PM
I always wondered about that myself...I would think that any 'Public' display of any authors work would require permission

Maybe Jafo will pop in and clarify
Jafo
Reply #34 Thursday, October 2, 2003 2:34 PM
Screenshots are considered 'fair-use'...provided the wall is sufficiently obscured by proggies, etc to prevent clear access to the wall enabling its re-use as a wall from the shot. Several screenshots are rejected for this reason...
Zodiaq~
Reply #35 Thursday, October 2, 2003 2:38 PM
So Jafo...I have been wanting to up a new WB but have not been able to get ahold of Nuvem for permission to use in the Screenshot.

I wanted to use his 'Untitled 1'...So are you saying I can use it without permission?

I would never want to disrespect him in anyway...or any other Author for that matter...or in his case 'Artist'
Jafo
Reply #36 Thursday, October 2, 2003 2:50 PM

Yes...you can 'use' it...in the sense of showing that you have it on your desktop...without Helder's permission.....provided you 'deface' it by partial obscuring.

It is simple etiquette to credit the authors of what you display, but not compulsory....

Zodiaq~
Reply #37 Thursday, October 2, 2003 2:54 PM
Ok...Thanks

I will definitely credit him and provide a direct link for users to download it.

There will be a few windows covering it...so it should be ok.
Jafo
Reply #38 Thursday, October 2, 2003 3:01 PM

An example of 'good practise' when using another's wallpaper...in this case it's me using Misery's [Deaddreamer's] 'Nijikon Fetchi' wall [though in this case I had 'inclusion' permission for the LiteSTEP theme]....

Zodiaq~
Reply #39 Thursday, October 2, 2003 3:09 PM
Ok...Now what about Icons?

They are completely 'visible' yet there are never permission slips used for Icons in any type of screenshot
Jafo
Reply #40 Thursday, October 2, 2003 3:21 PM

Ah...well I just stick with LiteSTEP...and it doesn't 'need' icons....as in the shot in #38....any icon visible...eg in the tray are all standard proggy icons....

No, icon use could be considered a problem....but it's virtually impossible to police/control.  The only saving grace is that extracting an icon from a screenshot is technically not the same as cropping out the taskbar to resize a clean wallpaper.

An unobscured wallpaper is a simple thing to replicate/extract, whereas an image of an icon in a screenshot is not really the icon itself being distributed...certainly not permutations/sizes/colour depths, etc...

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