I appreciate our new friend KaiD to publish the recent changes made to the CCD agreement.
I must express certain concern, not personal but which I think might be of interest for all involved in developing content, either publishing it at Reallusion own outlets or at other stores.
My concern is in regards to employing the word "plagiarism" rather than "copyright infringement"
We must be aware, plagiarism is NOT a criminal matter but rather one of civilian matter!
Encyclopedia says:Generally, although plagiarism is often loosely referred to as theft or stealing, it has not been set as a criminal matter in the courts. Likewise, plagiarism has no standing as a criminal offense in the common law. Instead, claims of plagiarism are a civil law matter, which an aggrieved person can resolve by launching a lawsuit. Acts that may constitute plagiarism are in some instances treated as copyright infringement, unfair competition, or a violation of the doctrine of moral rights. The increased availability of intellectual property due to a rise in technology has furthered the debate as to whether copyright offences are criminal...
Many people have created a taboo regarding legal matters, although in reallity legal subjects are easy to follow and understand.
To my humble view, and to my consultant lawyers, using the word "plagiarism" opens the door to many unwanted issues, where similarities among products can justify claims of plagiarism.
We all know there are many NATURAL similitudes among content products, because we are mostly dealing all the time with a few things. Mesh items, bitmaps containing textures, motions, sounds.. and that's it!
Let's put it in simple examples: If a developer produces an Eiffel Tower iProp and another developer has already made one, upon inspection, the fist to produce the tower finds it "similar" or too much alike the second, he might argue he has been "plagiarized", but he would do this at a Civil Court.
On the other side if the second fellow, rather than building the tower model, decides just to COPY the model, EXACTLY as it is or with slight modifications, and offers it for sale or give away (freebie), then he is in Copyright Violation and it is a subject for Criminal Court.
Of course an Eiffel Tower is an obvious item which might not arouse jealousy but there are other more complex items which, upon resemblance, could lead to think plagiarism has taken place.
One very accurate example can be taken from the excellent head collections offered by two CCD's and shown in this forum section. Their work is supported by a license which grants them rights to produce and sell heads, using certain tools for head production.
Another licensor for the same software tools can also obtain a license, but the interesting part is the fact his heads will have a SUBSTANTIAL resemblance to the ones released by the first vendor, due to the tool characteristics.
Is the second one committing a Copyright violation? No! He has a license too!
Is he then committing plagiarism? No! That is how the product comes out from the tool pipeline.
In a few words I am saying: Using the term "plagiarism" will lead to a lot of conflicts due to similarities among products.
I suppose I made my point, with the sole purpose of illustration and understanding.
Developers, be AWARE of the difference!
Mike Aparicio-Reallusion Certified Innovative Content Developer
10 Years Ago by