Is it legal or not?

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BossMac

BossMac

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My friend, pyromaniac-kitty, has submitted a wallpaper using one of my subs as her background.

Now, this is the problem:

Quote: The image or part of it was directly taken from another website or an image gallery, with or without modifying. We only allow the submission of wallpapers you have created yourself. Usage of stock pictures such as found on Minitokyo may be featured on your submission, but at least some parts must show your creative side.

I have given her complete authority to use my sub as her background. If the problem is about "The image or part of it was directly taken from another website or an image gallery, with or without modifying", I can really say that there is already plenty of creativity added to itcourtesy of pyromaniac-kitty.

Here is the original bg used:
Ube Kalamay by Jakulito
And here is her submission:
:Lockhart: by pyromaniac-kitty

I can clearly say that I cannot even recognize my own wall in her version, imo.

I posted this cause I feel like she's being accused of ripper which she is not. Another thing is that I feel totally responsible cause I asked her to post that submission again.

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AyameSeishiro

AyameSeishiro

Merciless Assassin

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Hmm... I think it's illegal, since I've done the same thing too. My submission was deleted & I was warned to be banned if I still keep on doing so.

  • Aug 23, 2005
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It doesn't make sense if she had permission.. and DID have creativity =/ .. it's not fair for her, I think.. but that's imo.. X_x;; I'm not a mod =.=;;

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I think their alittle to strict where wallpapers are concerned

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BossMac

BossMac

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Quote by shadowcat23I think their alittle to strict where wallpapers are concerned

But I don't see her sub breaking any rules and guidelines about wallapaper submission.

I have no idea why her sub was deleted twice. I also stated in my sub taht anyone can freely use my sub if they like.

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zen8192

zen8192

Dr. CHEMISTRY

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Quote by jakulito

Quote by shadowcat23I think their alittle to strict where wallpapers are concerned

But I don't see her sub breaking any rules and guidelines about wallapaper submission.

I have no idea why her sub was deleted twice. I also stated in my sub that anyone can freely use my sub if they like.


I have to agree with him! It was actually modified in her very own ways... And wouldn't this method be the most effective way of making new wallies?

All you have to do is actually extract the foreground and add it to a bg... After that you just have to do is edit/add layers to add some effects. By doing so you are actually making a new wallpaper of your OWN! She even added in her description that she asked permission from the owner! RIGHT?

If this is the case wouldn't almost every gallery item in MT which has a duplicate-like foreground/background images have the same case as hers?

Whatever the case... deleting a gallery item which she has made by herself using stock images and the like is so unfair! I hope the MOD who deleted her image realize what he/she did!

She didn't violate anything! I agree that she is innocent! The MOD who deleted her work is to blame!

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  • Aug 23, 2005

BorisGrishenko

BorisGrishenko

send spike

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Technically speaking, 99.99% of this site is illegal. This is why I openly oppose copyright as a concept.

I am invincible!

  • Aug 23, 2005

zen8192

zen8192

Dr. CHEMISTRY

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Quote by BorisGrishenkoTechnically speaking, 99.99% of this site is illegal. This is why I openly oppose copyright as a concept.


Now that is something else... Were only talking about the unfairness of the MOD who deleted her work... We are not! I repeat! We are not trying to change the rules of MT! We just want the Staff to realize that it was wrong of them to delete the work of someone else without a good reason to do so...
She asked permission to the owners and all, so why delete it?

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  • Aug 23, 2005

Midori-chan

Midori-chan

Shh...

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since you gave the permission for her to used it, and if the wall she created is deleted, then it's not fair for her because she had permission from the owner.

  • Aug 23, 2005

Akaiken

Akaiken

Ike, Fin Funnel!

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Quote by BorisGrishenkoTechnically speaking, 99.99% of this site is illegal. This is why I openly oppose copyright as a concept.

Now he's saying this. I think I'll agree because even though the one who made an item specified that he/she have the permission from the original creator, it's still illegal. Geez... that's the problem about copyrights...

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pyromaniac-kitty

pyromaniac-kitty

Don't freeze...Just CHill!

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Everyone...thank you for all your support! ^_^ To tell you the truth, the only thing I actually used in Jak's wall are the ruler lines on the right, I technically did the entire background because I liked the color scheme and style of Jak's wall and emulated all by myself. I really don't understand why this happened and I still have no reply on the complain i posted from the `deleted walls' forum. I can't directly ask the mod who did it cuz I don't even know which one banned my work :sweat:

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jauch. it sounds like the admins are really strict on this site.

The images don't really even resemble each other...IMO.

  • Aug 23, 2005
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i have not fully read the rules but i know that if dsome one freely gives anyone the right to use thier work it is not ilegal. Anyways this in no way can be classed as that as the wallpaper had actually been edited such as the extra big line going across the centre to say just one part. therefore it has been changed/modified and as now became a stand alone own piece of work of another individual who had permission to alter it anyways. if this is deleted then surly most work her at Mt should be deleted.

e.g. all the scans posted on here 9/10 are not that persons work but are infact another persons work that has been published in a magazine, pencil board and so forth. then when some one uses that they give credit to the person who scaned it in but the image has normaly only been cut out and aded to thier background. therefore isnt that just basicaly the same as what has happened here and the mods here at MT shouldhave checked to make sure they where doing the right thing by deleting the wallpaper before actually doing so.

wells thats just my opinion i have blabbered on long enough ^^

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Sakura0chan

Sakura0chan

Nihongo o naraitai

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Quote by JakulitoI can clearly say that I cannot even recognize my own wall in her version, imo.


Me too.
I also think that she modified her wallpaper in her own way.

Quote by Midori-chansince you gave the permission for her to used it, and if the wall she
created is deleted, then it's not fair for her because she had
permission from the owner.


I agree also with Midori-chan.

Tantaga

Tantaga

Will Eat Your Children

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Well, strangely enough if you were to submit it as a "collab", it would be regarded as acceptable. You could merely tell them or post in the submission, that he created the intial background and with his permission he said you could add on to it. Thus, making it not a 'rip' of someone's work, but something both parties of it's creation took part in. He has created the beginning of the wall and you have created the end, correct? So it could be considered a collab ... which is something that is perfectly "legal" in Minitokyo.

The point is both of you took part in the creation of the wall in one way or another, thus making it able to be labeled as a collaborative effort. You also have gained his permission to work with it from him further... so perhaps labeling it as a "collab" ... which I feel it is due to both parties having an active role in it's creation will solve this problem. So really, it all is just a matter of your wording and intent with the creation of the wall. Nothing was stolen because permission was obtained and both of you worked on it one way or another. So, labeling it as a collab would probably help you greatly, for that is what it is.

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the-okinawan-man

the-okinawan-man

Tell your Friends!

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she is NOT a ripper...

she has done this submission with the legal procedures
(permission, creditation, etc) needed and every element of this
submission was done legally (well, to my knowledge i guess)

it's all evident that the permission on using the image is granted.
and still, the @#$%*&! admins still dont see that?!

This signature violates the signature guidelines, thus it has been removed.

  • Aug 23, 2005

lapuk

lapuk

spidey is gay

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i think branding pyro as a ripper is way too harsh..i think the mod who deleted it(no offense whatsoever), didn't even bother to consider the most important part of the copyright infringement law, that it is considered a violation of the act if a person uses something owned by another without the express written(in our case, typed) consent from the creator/author of the said subject.. clearly, pyro did not violate it because jakulito bayagbag iii expressly allowed, in fact asked pyro to submit the wall, hence making her act perfectly legal..

i think the reprimand that pyro recieved was "not a bit harsh", it was too harsh.being called a ripper is a big let down. keep your head up pyro. you are one amazing waller..

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no I don't think so, if she has gotten the permission from the owner

  • Aug 25, 2005

KyoFan368

KyoFan368

I'm going to take a...zzzz

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Quote by mayIt doesn't make sense if she had permission.. and DID have creativity =/ .. it's not fair for her, I think.. but that's imo.. X_x;; I'm not a mod =.=;;

Agree but hey life is cruel so we will just have to leave it up to the mods!!

-The best and most beautiful things in the world cannot be seen or even touched. They must be felt with the heart. ~Helen Keller :D
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Keltosh

Retired Moderator

Keltosh

Inquisitor on hiatus

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After the clarification, the matter has been taken into consideration and the warning lifted.

Those images are not allowed on Minitokyo, but it was more a misunderstanding than anything else. As such for this time the warning has been lifted.

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I am now on hiatus from moderating due to my thesis.
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TB1991

TB1991

The Dutch Guy...

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Hmmm, if the creator of the new wallpaper HAS permission of the creator of the original wallpaper, than this is not illegal.

Greetz

TB1991

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  • Sep 02, 2005

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