Searching for tropical forest trees

Started by gregsandor, July 13, 2008, 08:40:38 PM

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MooseDog

Quote from: gregsandor on July 23, 2008, 02:54:11 AM
There is no grey area here.  Whether you feel it is fair or not has no bearing.  You are stealing if you buy a license to use my model then distribute it.  If you don't like the terms, don't use the model.

If gregsandor enterprises is selling me a license to use some of your fantastic meshes, you are absolutely and 100% correct, if I don't like the terms, I shouldn't buy the license!  If I do buy the license though and turn around and violate the terms of the license either through sharing or selling or whatever, I have committed a civil violation, not a criminal one.  Still illegal, but differently. 

Stealing and theft are criminal violations based on an enormous body of property rights laws.  Civil laws have their own body of work as well, and in this case it is your civil rights that have been violated, not your property rights.  Still illegal, but differently.

But saying "you thief you" is easier and more satisfying than saying "you license violator you".   ;D

The difficulty for gregsandor enterprises, indeed every! company dealing with digital goods (X-Frog, Marlin Studios, UMG, Capital Records, Disney, etc etc), is that the tools for violating our lets assume very explicit terms of sale already exists on what....1,000,000,000 computers.  What level of control can one exert over this body of activity?  Licenses?  DRM?  RootKits?  Surveillance?  Police?  DPI?

That's a touchy and difficult subject.  It's in the headlines every day, as people and companies slug it out in court to refine and change old laws that don't, and cannot, reflect the rapid change in tools and technology.

My thanks and apologies to the members here for their patience, and continued success for gregsandor enterprises  ;D

gregsandor

In the spirit of friendly debate lets continue.  I hadn't considered whether it is a civil or criminal act.  For my purpose it doesn't matter as the effect is the same.

The economy that we enjoy now depends on the honor system.  The only reason I can charge $20 for a model house (of which I only see $10 anyway) instead of the $2000 it costs me to produce is that I am betting that more folks willl pay the small amount than there are those who will steal it.  If you steal a model or email it to your friend so he doesn't have to pay his small share of its cost, then I eventually have to stop producing.  By ripping off models or other software you push the economy to only permit giant companies to survive; independent producers are out. 

rcallicotte

gregandor's point is exact.

Never mind that a society that lives without thinking of itself as a whole, or refuses to consider the individual, will perish.
So this is Disney World.  Can we live here?

lightning

#18
gregsandor is 100% correct even though there are all these loop holes in the system it is still illegal and WRONG to redistribute someones work especially if it is on sale >:(

greg i will have a go at modeling a few of these plants when i have a bit of time it would be good to add them to my topical collections

gregsandor

Quote from: lightning on July 24, 2008, 03:42:20 AM
gregsandor is 100% correct even though there are all these loop holes in the system it is still illegal and WRONG to redistribute someones work especially if it is on sale >:(

greg i will have a go at modeling a few of these plants when i have a bit of time it would be good to add them to my topical collections

Thanks lightning.  I look forward to them -- I'm modeling the temples at Tikal accurately as possible so having site-specific flora too will improve my result. 

mr-miley

In the spirit of friendly debate....  ;D

gregsandor, I wouldn't be ripping off anyones models etc anyway (sorry if I offended anyone with my offer of providing any xfrog models, must admit, didn't think about it first), BUT if I were to, I would be far less inclined to rip off models from an independent producer than a large company, for exactly the reasons you state. The fact that it would be a civil rather than a criminal matter makes no difference to the producer (or the re-distributor for that matter). Believe me, I develop a geotechnical database for a living, and if I charged what it cost me to do the work I would never get any business at all, the client would be looking at paying £30000 rather than £3000 so I fully appreciate what you are saying.

On a slightly different area, I would hope that your (gregsandors) license would include the words "or derrivatives thereof" After my initial post where I offered gregsandor the xfrog models (again, didn't think) I did offer to rejigg the models, therefore making them not affected by their license agreement. In gregsandors own words "there is no grey area here". Going by xfrogs own license wording (legally binding) you are not allowed to redistribute or resell in any format the contents of the disk. Now I fully appreciate that just changing textures and changing the format of the model would still leave the 3D model the same as the one on the disk. You could open both versions up in their respective programs, examine them, and come to the conclusion that the underlying geometery is the same, regardless of texturing etc. However, open the xfr file in xfrog and change the distribution of the branches, leaves, alter the gravitropism, corkscrewing etc and then export, open the file on the disk and the tree you have rejigged and they would be, to any observer, different models, therefore NOT the contents of the disk. There are no grey areas... unfortunately, because of their wording, it works BOTH ways, for and against them. Its not my fault! Take my work for example. If I put together an imput format and various report formats for a client (either for money or not, it doesn't make any difference) and I subsequently found out that the client had changed the logo on the reports and sold them on to someone else, I would have them in court faster than you could shake the proverbial stick. If, however they had spent the time going in and changing the way the reports worked (under the hood so to speak) by applying different equations, expressions, filters etc and then passed them on, thats fair enough, and I wouldn't have a leg to stand on in court, even if the reports LOOKED the same, because, upon analysis, the reports would be fundamentally different in operation.

Anyway, just playing devils advocate here. The modelers here may not like what I have said above, but by xfrogs own wording, by changing the base models, I wouldn NOT be doing anything illegal, by xfrogs OWN definition!! Again, there are no grey areas.  ;D

Miles
I love the smell of caffine in the morning

N810

well in the spirit of debate...  ;)

http://www.xfrogdownloads.com/greenwebNew/news/newStart.htm
"FEATURED IMAGES - XFROGPLANTS in THE INCREDIBLES"

xfrogs models where admitedly used in a movie
and money was made from people watching the movie.
wouldn't this count as using their models "or derrivatives thereof"
and therefore be illegial, according to previous arguement?  ???
Hmmm... wonder what this button does....


rcallicotte

#23
This is so-o-o-o-o-o-o easy.

A person makes something and sells it to you.  You can then use what you bought.  Can you sell the entire package again to someone else?  Logic says yes, but that means you can't keep it any longer.  You sold it.  Can you sell pieces of it or give it away and still keep the package?  No.  Try that with a car, for example.

A person makes something and sells it to you.  You use it.  No crime is committed, unless you use it to kill someone. 

Software is no different.  Someone has made something.  It's not different.  It's the same for music.  It's the same for movies.  A product is sold and you buy it.  If you don't buy it, but take it without paying, then it's stealing.  Giving it to someone else, while still keeping it, is contributing to stealing.

Common logic.  Any of you guys programmers or work with ones and zeros?  Logic.  It's simple and if you want to make it difficult, it's likely I don't want you buying my software unless there's a way to track your [edit - uneducated soul].
So this is Disney World.  Can we live here?

gregsandor

#24
Anyone have tropical forest trees links?

rcallicotte

So this is Disney World.  Can we live here?

MooseDog

#26
http://mgonline.com/trees.html

some good reference pics, some not so good reference pics  ;D

QuoteThis is so-o-o-o-o-o-o easy.

A person makes something and sells it to you.  You can then use what you bought.  Can you sell the entire package again to someone else?  Logic says yes, but that means you can't keep it any longer.  You sold it.  Can you sell pieces of it or give it away and still keep the package?  No.  Try that with a car, for example.

A person makes something and sells it to you.  You use it.  No crime is committed, unless you use it to kill someone.

Software is no different.  Someone has made something.  It's not different.  It's the same for music.  It's the same for movies.  A product is sold and you buy it.  If you don't buy it, but take it without paying, then it's stealing.  Giving it to someone else, while still keeping it, is contributing to stealing.

Common logic.  Any of you guys programmers or work with ones and zeros?  Logic.  It's simple and if you want to make it difficult, it's likely I don't want you buying my software unless there's a way to track your [edit - uneducated soul].

??? ??? ???  ???  ???

First Sale Doctrine:

http://en.wikipedia.org/wiki/First-sale_doctrine

it's not easy really.

"So, for example, if the copyright owner licenses someone to make a copy (such as by downloading), then that copy .... may lawfully be sold, lent, traded, or given away."

"The case law is conflicting, however, and the legality of allowing first-sale doctrine rights to be abrogated by contract has been questioned."

"The first-sale doctrine as it relates to computer software is an area of legal confusion."

as far as tracking someone down, apart from the police state implications such nonsense carries, such efforts have already been widely tested.

http://en.wikipedia.org/wiki/Digital_rights_management

and found wanting.  no not wanting, but ineffective and useless, bordering on illegal.

the whole point of which is not to expose or wish upon gregsandor enterprises a life of penury and slavery, but to try and understand how digital goods are different from hard goods.  the latter are scarce, thus more expensive.  the former can be infinetly copied and thus are neither scarce nor expensive.  that reality and capability exists on every single computer that rolls off the factory floor.  and greg's exquisite models can be instantaneously copied an almost infinite number of times.  how do you fight that?

greg rightly points out that it costs him $2k to create a $20 model.  how come?  because his time is scarce, his skills are scarce, indeed greg is scarce and thus greg has value, lots of it!, and sees the cost of producung his models.  so a very clever gregsandor enterprises will leverage what's not scarce (digital goods) to increase the value of what is.  which is my very scarce $.02  ;D



rcallicotte

It is simple.  If people want to steal stuff, the people who make it will stop.
So this is Disney World.  Can we live here?

MooseDog

in a community based entirely on digital goods and services, this very civil, friendly and important conversation has been enjoyable.

interesting aspect, in the larger world out there, on what happens when you try to control people's purchases of digital goods:

http://techdirt.com/articles/20080728/1455551813.shtml

rcallicotte

This is a service.  I don't see any 'control'. 

I think the problem I am seeing are people who are accustomed to the easy access to digital items without paying versus those in the industry who work their butts off making this content.  Sounds like slavery to me.



Quote from: MooseDog on July 29, 2008, 10:10:12 AM
in a community based entirely on digital goods and services, this very civil, friendly and important conversation has been enjoyable.

interesting aspect, in the larger world out there, on what happens when you try to control people's purchases of digital goods:

http://techdirt.com/articles/20080728/1455551813.shtml
So this is Disney World.  Can we live here?