This PDF cover has to be seen...

[Fifth Element]

100% of nothing is nothing. Do you seriously think he sold even a SINGLE copy of this?

My bet? : not even one.

Daring, out-on-a-limb prediction by Steel_Wind!

Although it is possible someone bought one out of morbid curiosity.

 

[Steel_Wind]

His sales don't matter. The sale or licensing fee that his use would normally generate is the key.

If I want to use Lockheed-Martin's inventions for something, I have to pay for the privilege...it doesn't matter if I sell a single unit.

Really? Gee. Thanks for the education. However, I must confess, that I am well aware of the ins and out of the legal aspects of intellectual property, licensing fees and copyright litigation. I happen to do it for a living. Do you?

What you say might be the proper measure of damages and the relief granted, though it is not necessarily the proper measure of damages. You are free to make that argument to a judge; and he or she (or a jury) is free to deny your claim, too.

So why don't we await for that result from a court - instead of having the trial here, ok?

My point was far less bookish and far more practical: the man has not taken a single cent out of anyone's pocket -- to suggest otherwise is a crock. And you know it, too.

I'm not defending his ations - but the great and exaggerated affront you seem to have taken on behalf of a party who isn't, in fact, you and has not, in fact, suffered any real damages at all, seems very misplaced.

All by way of saying, you sure you are not sitting on top of an Oliphaunt? Because it seems to me that whatever is you are riding, it's an awfully high climb down from up there.

Nevetherless, perhaps you should climb down off that high horse.

When it comes to gamers and technical violations of the Copyright Act, I'll wait for the sinless to cast the first stone, thanks.

My guess is that it will be a very long wait, indeed.

Admin here. This post is a good example of someone being insulting and condescending because they took a post personally that wasn't meant that way. It's also a good reminder that no one but you knows what your profession is, and it's a lot friendlier to expand (or disagree) with what someone tells you than it is to be rude to them.

Please don't respond to this, everyone. Steel Wind, please avoid posts like this in the future; better to walk away from the keyboard for a bit if you're angry at someone.

~ PCat

 

[doctorhook]

Daring, out-on-a-limb prediction by Steel_Wind!

Although it is possible someone bought one out of morbid curiosity.

Speaking of morbid curiosity, I still think this guy should illustrate FATAL.

 

[darjr]

As far as damages go, I think it went some way in damaging the drivethru brand. Seeing it taken down, for me, fixes that, but it could still be an issue for some.

Didn't someone here have access to the contents that were not in the preview? Was that a gratis copy?

 

[Dannyalcatraz]

Really? Gee. Thanks for the education. However, I must confess, that I am well aware of the ins and out of the legal aspects of intellectual property, licensing fees and copyright litigation. I happen to do it for a living. Do you?

Not to start a contest or anything, but check my sig. I've been an Entertainment lawyer for about 12 years, and also have an MBA in Sports & Entertainment marketing. IOW, I see the same stuff you see.

I'm not trying to "have his trial" here, but if you really are what you say you are, why post a factually incorrect post in your own area of expertise?

Yeah, the guy is probably so far below the radar that, in all likelihood, nothing will ever come of it. I'd go so far as to say that 99% of all IP violations go unpunished, even major ones. Most of the time, even if the infringer is caught, a simple fingerwave or warning is all that happens.

Remember how The Rolling Stones went after The Verve for "Bittersweet Symphony?" That same album contained an equally lifted song from Vangelis' first band, Aphrodite's Child. Nobody went after them for it, though, at least not in the courts, AFAIK.

... the man has not taken a single cent out of anyone's pocket -- to suggest otherwise is a crock. And you know it, too...but the great and exaggerated affront you seem to have taken on behalf of a party who isn't, in fact, you and has not, in fact, suffered any real damages at all, seems very misplaced.

I beg to differ.

Without seeing the actual source material for his inspirations, we can't say who has suffered damages. However, you of all people should know that if nothing else, he'd probably owe the photographers their little licensing fee for using their work, assuming he didn't land in some kind of protected "safe harbor."

It may not be substantial damage, but it is real. So what if the fee might have only been $200... or just $20? Or $10? That's real money out of the photog's pocket.

When it comes to gamers and technical violations of the Copyright Act, I'll wait for the sinless to cast the first stone, thanks.

I believe I pointed out upthread- and if I didn't, I apologize- all artists (especially in the visual arts) learn at least in part by emulating those who came before. Its part of the learning process. But you don't pass off copies as originals.

Besides, we're hardly talking "technical" violations. Besides the derivative visuals, we've had several posters cite some sizable chunks of lifted material, based on just the sample- who knows what is in the full version? Some clever redrafting...citation of sources...heck, "reskinning" in some way, all could have minimized the issue. As you well know.

 

[Piratecat]

Danny, we cross-posted. Please see my note above. You don't need to remove your post, and thank you for not responding with equal sarcasm, but I want to make sure the thread doesn't turn into sniping.

Holler via PM with questions.

 

[Fifth Element]

Deleted.

 

[Dannyalcatraz]

Message received, PC.

 

[tenkar]

Does this mean the accident has been cleared and I can't rubberneck anymore?

I'm sure some poor fool made a purchase from this guy. There is a sucker born every minute, or so I have heard...

 

[Merkuri]

100% of nothing is nothing. Do you seriously think he sold even a SINGLE copy of this?

My bet? : not even one.

I'm sure some poor fool made a purchase from this guy. There is a sucker born every minute, or so I have heard...

When I was confirming the plagiarism of Oblivion I noticed that his potions PDF had a list of 4 or 5 "people who bought this also bought..." products, which leads me to believe that at least one and possibly several people bought this.