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Content Plagiarism

Posted By KaiD 9 Years Ago
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KaiD
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Posted 9 Years Ago
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It is with deep regret that we at the Reallusion team must announce the closure of Clones2Go, one of our most prolific and productive content providers.

As you may know, one of the developers who provided content for this store was recently accused of plagiarism in our forum.  After being notified of this, the Reallusion team performed a detailed investigation, and after close deliberation among our team and other parties involved, confirmed that intentional plagiarism had taken place.

Due to these circumstances, Reallusion has created an addendum to our original CCD agreement in order to deal with cases such as this where a developer is taking credit for the work of others.  This sort of activity in our developer community is not acceptable, and the new measures have been put in place to ensure that developers who take part in this sort of activity are held accountable and do not have the opportunity to profit from the work of others. 

The protection of the content that our developers spend their valuable time and money to create is of the utmost importance to the Reallusion team.  We want to ensure that you as content developers get credit for the valuable work that you do.  We also want to ensure that animators can buy and use royalty-free content in their professional and personal productions without the need to worry about using content that comes from a copyrighted source.  The individual developer responsible for this offence has had his content removed from the Reallusion Content Store, and has been banned from selling content until further notice.

We want to stress that this was the actions of one individual contributor to the Clones2Go store.  It is regretful that the actions of one can affect an entire store, therefore Reallusion wishes to reinforce the importance of honesty and integrity when producing work for sale on any Reallusion marketplace.  We appreciate the continued hard work and dedication of all our upstanding developers, and anticipate more great things from you all in the future!  If you have any further questions regarding this issue, please contact us at developer@reallusion.com or refer to our Certified Content Developer Agreement.

Regards,

The Reallusion Team

 

Apparition
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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.[12] 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






Mike Aparicio-Reallusion Certified Innovative Content Developer


Edited
9 Years Ago by Apparition
Peter (RL)
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Hi Mike,

I don't really see anywhere we are calling plagiarism a criminal matter. Be it a criminal or civil matter, and that is debatable if you scan the internet, it is still a serious matter which is the point being made here.

We just want the developer to understand what they can sell legally and the customer to know that buying content from Reallusion is perfectly safe to use in a royalty free enviroment.

As developers that is the most important thing for all of us I think. Smile

                                                                

Peter
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www.reallusion.com


Apparition
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Sure Pete! You are right. It is good members understand better the EULA.!

Nevertheless I need to clear some facts:

I have not said RL is "calling" plagiarism a Criminall Matter. Neither did I say plagiarism or copyright violations are acceptable or justifiable. My point is: When ANY society starts applying punitive "meassures" when it is a matter of the proper legal procedures, it is wrong!

But "plagiarism" is plagiarism unless Shakespeare or Reallusion have introduced new meanings!

It is, I believe, very important for members to understand, if someone makes a legal claim for plagiarism it will NOT prosper in Penal Court! I must be treated by suit at Civil Court!

If plagiarism is followed by pecuniary benefits then it is when it gets into the Copyright jurisdiction and becomes a Penal matter and not a Civil one.

Clear as fresh water!

I accept also, my absolutely logical and well documented explanations aren't taken seriously or even listened too very often!

I don't really mind because I am used to deal with youngsters which seem to have ALL knowledge, and arguments like mine are not taken just as a product of experience, research, and familiarity with the legal world, but as words to to be distrusted, denied, censored or rejected.

Right?

So excuse me for being explicative although I understand there is no rule against explaining facts of the trade, either, technical, legal, ethical, emotional or engineering related.

I hope no one feels upset by my participation, trying to clear fuzzy and misunderstood concepts!

I write only with the aim of enhancing the iClone community in general and not to awaken antagonism or argumentation in either direction!

Mike

Mike Aparicio-Reallusion Certified Innovative Content Developer


Edited
9 Years Ago by Apparition
Peter (RL)
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Sadly due to this thread descending into name calling, several posts have had to be removed as they have broken the forum rules which can be found HERE.

Apologies to those innocent parties whose posts were made redundant and therefore removed because they were replying to other posts that had to be deleted.

Please can we avoid using personal insults against others. You don't have to agree with each other but please no name calling or further posts may have to be deleted.

Thanks for your understanding.

                                                                

Peter
Forum Administrator

www.reallusion.com


EvilGenius
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I have a question. I want to submit a video for a video contest using CTA and some of the default characters. How do I legally obtain permission to use such content?



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thebiz.movies
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EvilGenius (3/27/2013)
I have a question. I want to submit a video for a video contest using CTA and some of the default characters. How do I legally obtain permission to use such content?


First paragraph of the EULA.



TheBiz Productions - 3D Assets and Filmmaking Tools.



EvilGenius
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DOH! Thanks for that.



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I am just wonder how this works for say the duplication of work. For example developer "A" might create and publish a Huey helicopter and sell it on the store. Developer "B" might also create and publish a Huey helicopter and wants to sell it in the store as well. Has developer "B" committed plagiarism in duplicating the Huey even though he has created the mesh and textures himself? on the outside both models may look similar. Both developers may have even used the same 3 view drawings to produce the models.
Are accusations of plagiarism or copying going to be hurled at developer "B" for wanting to create and sell a similar item?

Bob

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Edited
6 Years Ago by Colonel_Klink
bluemidget666
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I am just wonder how this works for say the duplication of work. For example developer "A" might create and publish a Huey helicopter and sell it on the store. Developer "B" might also create and publish a Huey helicopter and wants to sell it in the store as well. Has developer "B" committed plagiarism in duplicating the Huey even though he has created the mesh and textures himself? on the outside both models may look similar. Both developers may have even used the same 3 view drawings to produce the models.
Are accusations of plagiarism or copying going to be hurled at developer "B" for wanting to create and sell a similar item?


I would say not ! otherwise there would only be 1 medieval set or ruins set. Why would Developer A have any copyright on the Huey anyway.

As far as I remember this issue the term "plagiarism" was maybe mis used or just nicer than saying theft.





I Make My Mates Do The CanCan For The Amusement Of Killer RobotsBigGrin
Edited
6 Years Ago by bluemidget666



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