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Does FluxMedia own rights to our skins?

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  • Does FluxMedia own rights to our skins?

    I thought I'd post this one publicly rather than just PM to David, because others might (and should) be interested in knowing the answer to this...

    So, the question is simple:
    -If I create a skin for CF, does FluxMedia reserve the rights to include the skin in their base product? (for free, for a price [skin pack?], or whatever).
    -What about if I re-use elements from the base skin, such as button icons? Does Flux then own the rights to my skin?
    2002 Honda CR-V
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    Download the NEXUS Skin for Centrafuse
    ...or even Listen to my music

  • #2
    IMO, If you made the skin, it's yours. Since they are making money from their software, and if they are using your skin you should be entitled to something. Even if it just an acknowledgement. If you are happy for them to use your skin for free then that is your decision. If you were making money off making a skin with their skin components then that might change things.


    NOTE: This is my opinion. I am not sure what the legal ramifications would be on this.
    Never let the truth get in the way of a good story

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    • #4
      depends I guess on what licence terms if any you put on your skin. If you dont have any then anybody can do what they want with it except claim it as their own but if they do there isnt a lot you can do about it. If you have it as freeware, open source same applies unless you state for non comercial use, then it cant be used to make money by anybody without paying whatever cost you state. The cost doesnt have to be money.
      Visit my site V8 Scimitar

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      • #5
        Id be more worried what rights mp3car claims to your work if u post it here...

        EDIT: (and i mean posting directly, either files or screenshots... linking it here is obviously different story.)

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        • #6
          Originally posted by P3rv3rt B3ar
          Id be more worried what rights mp3car claims to your work if u post it here...
          If you don't hand over the rights to your skin, they take your soul.... j/k
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          • #7
            Originally posted by 2k1Toaster
            If you don't hand over the rights to your skin, they take your soul.... j/k
            Heres direct quote from forum rules:

            MP3Car.com reserves the right to edit, reprint, distribute, or delete any posting for any reason and without prior notification or explanation to the author.
            EDIT: So u shouldnt be surprised if nexus ends up to being distributed with $treetdick in near future...

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            • #8
              We would never included someone elses work/skin in our application without getting permission...

              If you design a custom skin then you own the rights to your own design work... It's just images and XML so the only thing to own is the design and if you did it, it's yours...

              david
              __________________
              CENTRAFUSE http://www.centrafuse.com
              01 Jeep Cherokee Sport 4x4 Installed
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              • #9
                Fair enough. Just wanted to get that out in the clear. I have spent way too many (endless) hours with the skin. I don't mind people using it for free, but taking advantage of it for commercial purposes is another story.

                I never did think Flux would do that. As for OTHERS, you never know!
                2002 Honda CR-V
                Carputer progress: 90% [▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓ -]
                Spent so far: $1105.90


                Download the NEXUS Skin for Centrafuse
                ...or even Listen to my music

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                • #10
                  I might know some answers.

                  If you use a part of one persons work in your work then your work is a "derrivitive work" and depending on what % of the original work is included would be the basis of determining who actually owns the new work. I believe you are limited to 35% of an older work ... to retain ownership of a new derrived work.

                  Of course when in doubt always ask permission - its the legal good mannered thing to do... and most people will be happy to say yes. Imitation is the best form of flattery after all.

                  MP3car can redistribute any work that is posted here in its origional form. They have to include this in their agreement as .... technically when someone downloads something from here they are dong just that... redistributing.

                  However, their rule of redistribution traditionally implies self promotion .. and not a commercial derrivitive product and their disclaimer does not superceed any license agreement in any software program weather posted on their servers or not.... and it most certainly does not give them rites to any executable software code. They can't annex centrafuge into their own commercial product just because Centrafuge was uploaded to here.

                  So thats pretty much what I know of it but its late and I am not a lawyer so when in doubt ... ask one of those .. then ask another to confirm what the 1st one said! LOL

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                  • #11
                    Originally posted by Draxx View Post
                    I might know some answers.

                    If you use a part of one persons work in your work then your work is a "derrivitive work" and depending on what % of the original work is included would be the basis of determining who actually owns the new work. I believe you are limited to 35% of an older work ... to retain ownership of a new derrived work.

                    Of course when in doubt always ask permission - its the legal good mannered thing to do... and most people will be happy to say yes. Imitation is the best form of flattery after all.

                    MP3car can redistribute any work that is posted here in its origional form. They have to include this in their agreement as .... technically when someone downloads something from here they are dong just that... redistributing.

                    However, their rule of redistribution traditionally implies self promotion .. and not a commercial derrivitive product and their disclaimer does not superceed any license agreement in any software program weather posted on their servers or not.... and it most certainly does not give them rites to any executable software code. They can't annex centrafuge into their own commercial product just because Centrafuge was uploaded to here.

                    So thats pretty much what I know of it but its late and I am not a lawyer so when in doubt ... ask one of those .. then ask another to confirm what the 1st one said! LOL
                    Centrafuse was never uploaded to these forums and never will be...

                    I hope you are talking about the skins....

                    david
                    __________________
                    CENTRAFUSE http://www.centrafuse.com
                    01 Jeep Cherokee Sport 4x4 Installed
                    M10000/512Mb/20GB, Lilliput 7", Holux GM-210

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                    • #12
                      Originally posted by veetid View Post
                      Centrafuse was never uploaded to these forums and never will be...

                      I hope you are talking about the skins....

                      david
                      I suppose in general it would/could apply to anything that is uploaded to here.

                      From what I remember it all started way back when because someone threatened to sue a BBS operator (pre-internet networking) for displaying the post he made in a forum.... yes that is as stupid as it sounds... Basically the guy wrote a really offensive post that made him look like an *** and the operator refused to delete it so the guy threatened to sue him and the "We have the right to redistribute content blah blah" phrase started popping up everywhere.

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                      • #13
                        Originally posted by Draxx View Post
                        I suppose in general it would/could apply to anything that is uploaded to here.

                        From what I remember it all started way back when because someone threatened to sue a BBS operator (pre-internet networking) for displaying the post he made in a forum.... yes that is as stupid as it sounds... Basically the guy wrote a really offensive post that made him look like an *** and the operator refused to delete it so the guy threatened to sue him and the "We have the right to redistribute content blah blah" phrase started popping up everywhere.
                        Both of your posts are really off the mark.

                        The "story" you speak of was not related to copyright law, it was related to defamation case (Hence the offensive post. The person asking for the removal was the person defamed, not the person who made the piost). Someone was defamed on a BBS/FORUM, and the person defamed sued the ISP and the FORUM for transmitting the defamatory statement, which is vicarious defamation. The courts found the ISP was liable as well. This was rectified with the DMCA and the Communications Decency Act, which were enacted by Congress to "correct" the courts ruling in that case.

                        There are cases of Copyright infringment by ISPs, and ISPs ARE LIABLE for the posting of copyrighted material, under a theroy of vicarious liability. DMCA gives the ISP or a Forum a way to limit thier liaility for Copyright infringments by 3rd parties on thier services, but they must remove the copyrighted material if asked. If they do not, then they are liable for vicarious infringment.

                        First, the TOS for this site means that they can do anything with your posts, and that they own the Posts, but not the content or the links. So, while you may posts pictures of your skin in a thread, they do not now own the pictures, they own the thread. There is a difference.

                        Derivative works also do not have a threshhold amount that must be yours in order to own the new work, and at no percentage do you own the wentire derivative work, becuse the original author owns his part, no matter what. In a derivative work, you own the part that you create, and the original creator of the work own the part that is still thiers.

                        Copyrights (which is what we are talking about) exists in "original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:
                        (1) literary works;
                        (2) musical works, including any accompanying words;
                        (3) dramatic works, including any accompanying music;
                        (4) pantomimes and choreographic works;
                        (5) pictorial, graphic, and sculptural works;
                        (6) motion pictures and other audiovisual works;
                        (7) sound recordings; and
                        (8) architectural works."

                        There are several exclusive rights reserved int he author of an original work. There are many rights, the right to distribute the work, the right to license the work, the right to display the work, etc.... Thier rights are AUTIOMATIC, and "vest" as soon as the work is created. You need not register the work, nor even distribute the work, or let anyone see the work, to vest the rights. (There are advantages to registering and distributing the work, but no matter what, once the work is created, you have a copyright in them) The copyright extends to all manifestations and represetnations of the work, including the underlying computer code, and the graphuical representations of the work.

                        Therefore, unless you have some how licensed, granted the use of, or given your work away, no one else can use your copyrighted work. It does not belong to anyone but the author. In fact, even mirroring the work on another website, with out permission or a license to do so, is a violation of the copyright act.

                        That should answer your questions,

                        Anything you create is yours, anything you take from someone else is thiers.

                        Flux Media is not permitted to distribute your Skin with out permission.

                        Michael
                        ...I love the French language...especially to curse with...Nom de Dieu de putain de bordel de merde de saloperies de connards d'enculés de ta mère. You see, it's like wiping your *** with silk, I love it.

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                        • #14
                          I gladly stand with more clairty. Thank you for taking the time to type it. I think that is very good information to have posted.

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