The forum of the forums
Welcome to the Official Support Forum of Forumotion!

To take full advantage of everything offered by our forum, please log in if you are already a member, or join our community if you've not yet.



Create a free forum like this one.

Site is under threat of being shut down

View previous topic View next topic Go down

Site is under threat of being shut down

Post by Xanthis on December 31st 2010, 3:59 am

I'm not trying to advertise my site or anything, but I'd really like someone who knows ForuMotion policies well to read this topic: http://sonicommunity.forumotion.com/t5694-emoticons

Simply put, administrators from another site have accused me of stealing property from their site, and are threatening to have me shut down, and yes, it is over emoticons. I have not even visited the site they claim to represent in at least a year, and so with this knowledge before hand, here is my question:

Is it possible to have an entire site shut down because another site accuses fraud?

The sooner someone replies, the better. Thank you.

Xanthis
Forumember

Male Posts : 210
Reputation : 6
Language : English

Back to top Go down

Re: Site is under threat of being shut down

Post by kirk on December 31st 2010, 4:05 am

your talking about smiles... lol

Just ignore him.

No one but you, forumotion or onlineguardian can shut your forum down.
And if they get a report about someone useing smiles/emotions on there site they would probably laugh then trash the complaint.

so just ignore the person or tell them to come to this thread.

And you know what. even if this person did create them.. it's still sonic, so unless he owns the rights to sonic images he cant say anything about it.

The only people that could make a strong case about this is they wanted to would be Nintendo.. that's not going to happen.


Last edited by kirk on December 31st 2010, 5:59 pm; edited 1 time in total

kirk
Forumaster

Male Posts : 11037
Reputation : 651
Language : English,Vulcan,Klingon, Romulan,& Gorn

Back to top Go down

Re: Site is under threat of being shut down

Post by MrMario on December 31st 2010, 6:24 am

He says he created this and there is no proof. As I look at it he could be stealing.

MrMario
Helper
Helper

Male Posts : 22186
Reputation : 1830
Language : test

http://test.com

Back to top Go down

Re: Site is under threat of being shut down

Post by Guest on December 31st 2010, 6:53 am

Hello !

If this guy still bothers you, just ask him if he got the right from Sega to make any smilies from a copyrighted character Smile

Guest
Guest


Back to top Go down

Re: Site is under threat of being shut down

Post by Neo Metallix on December 31st 2010, 8:30 am

AoF-Neptune wrote:Hello !

If this guy still bothers you, just ask him if he got the right from Sega to make any smilies from a copyrighted character Smile

That's not how things work. Many people make fanart and that fanart is that person's sole right to use even if it's based on a copyrighted character. This is like taking someone's art and claiming it to be their own. I don't know what this Sonic Online place is but they clearly took the smilies as well. They were created by members of our forum for OUR forum and we have had these smilies since the forum began in 2006(the new ones are remakes made later by our members). Regarding those smilies not used on Sonic Blast, they are old smilies we used on our forum but replaced or no longer needed. The thread where I requested these to be made for our site is here(the images have been deleted since then unfortunately): http://sonicblast.org/topic/3688/

I wouldn't be so bugged by the fact that they stole them if it were not for the long history of this forum RIPPING OFF our forum. It started out as a word for word duplicate of our forum at their beginning and we've had trouble with them in the past taking our stuff since then. Personally I am not pleased with this forum but imitation is the sincerest form of flattery.

Neo Metallix
New Member

Posts : 1
Reputation : 0
Language : English

Back to top Go down

Re: Site is under threat of being shut down

Post by Guest on December 31st 2010, 9:06 am

@kirk wrote:And you know what. even if this person did create them.. it's still sonic, so unless he owns the rights to sonic images he cant say anything about it.
Sorry, did not read your whole post before posting mine Embarassed
@Neo Metallix wrote:That's not how things work. Many people make fanart and that fanart is that person's sole right to use even if it's based on a copyrighted character.
It is not because other people do that, that it means it's legal !
@Neo Metallix wrote:I wouldn't be so bugged by the fact that they stole them if it were not for the long history of this forum RIPPING OFF our forum. It started out as a word for word duplicate of our forum at their beginning and we've had trouble with them in the past taking our stuff since then. Personally I am not pleased with this forum but imitation is the sincerest form of flattery.
You can use litigation to report that forum -> http://www.forumotion.com/en/litigation/
@Xanthis wrote:Is it possible to have an entire site shut down because another site accuses fraud?
Because of an accusation, No !

But if justice is captured, it can request the closing of the forum with the host.

Sorry for last sentence, i used an online translator Wink

Useful link -> Plagiarism, Image theft, Copyright, royalties...

Guest
Guest


Back to top Go down

Re: Site is under threat of being shut down

Post by BlizShadow on December 31st 2010, 9:18 am

Another administrator from the victimized site here!

Anyhoo, Metallix has a point. Fan work falls into a relatively grey area of copyright. As far as I know, while the character itself may be copyrighted, the actual image or the rendering still belongs to the artist responsible. I believe there are also laws that state that immediate uploading to the Internet means an image has some basic copyright status effective immediately to shield it from plagiarism.

But while I know a little bit, I'm not a expert-- Nobody here is. That is regardless of the point here, the point being that our smilies were taken, and instead of being hospitable about it and simply taking them down and perhaps making your own, (seriously, these are smilies, not oil paintings-- Unless you have hooves, a little bit of work in Paint isn't going to kill you), this discussion has now gone to two forums and is hardly being handled maturely by the entirety of all parties.

I will agree, however, that the threat of being shut down over a little thing like smilies is far-fetched, especially if it's true that the smilies were taken from a third site, (Speaking of which, a link to the original forum from which they were taken would be highly appreciated. They should be addressed as well.). Even I as a budding professional artist who watermarks everything wouldn't be that anal about it, but at the same time, with these accusations having been risen, something should have been done about this by now.

And finally, you want proof that these smilies existence go back? Boom. Here's a topic from over three years ago in which the community is specifically asked to make smilies based off of the current set. That would mean the original smilies in all likelihood go back to 2006. We're not bringing this accusation up out of our asses here. The smilies are ours, and nobody sans us should be using them without permission. Hell, would it even kill you to attach a little citation in the rules or somewhere inconspicuous detailing where they came from? Even that would be cool with me. =/


Last edited by BlizShadow on December 31st 2010, 9:19 am; edited 1 time in total (Reason for editing : Edited for better relevancy.)

BlizShadow
New Member

Posts : 1
Reputation : 0
Language : English

Back to top Go down

Re: Site is under threat of being shut down

Post by karkooshy on December 31st 2010, 1:46 pm

I'm an active member of TSC (The Sonic Community), so this is extremely relevant to me.

My post at TSC after a "Black Gatomon" accused Zezima (Xanthis) of theft:

Black Gatomon wrote:Screenshot from Sonic Blast
http://i1194.photobucket.com/albums/aa371/EeveeEverlasting/Untitled.png?t=1293700314

Please refrain from stealing from our site, thank you.

Did your site create those emoticons? If not then Zezima has all the right to use them.
Zezima said he got them from Sonic Online.
Not to mention that some of the emoticons TSC is currently using don't match the smilies seen on Sonic Blast.
1. More than one site is using the emoticons... according to Zezima's testimony.
2. Some of the emoticons don't match.

This leads me to believe that the emoticons were created by a third party and were simply used on your forum.

You could argue that the you HAD those missing smilies Zezima is now using on TSC, and that Sonic Online copied your smilies aswell (rendering my two points... well, pointless), but Zezima only installed the smilies recently. I've check Sonic Blast and there were no recent announcements about the removal of smilies.
I doubt you removed any of the smilies without raising any public awareness. I also doubt Zezima planned to download your smilies and wait until you removed some only to upload them months later onto his site. That's just ridiculous, and for something as trivial as smilies.


Now, if the smilies AREN'T infact the creation of Sonic Blast staff and/or it's members;
(if it is a member that created the smily you also have to be sure he licensed it to your site and your site alone as he/she could've posted the smilies onto more than just your site)
Zezima DOES have the right to use them as they are publicly available for use and only the creator can claim ownership.


Of course I maybe wrong,
In which case, I give you my most humble and abject apologies.




@Neo Metallix wrote:
Regarding those smilies not used on Sonic Blast, they are old smilies we used on our forum but replaced or no longer needed.

re-read the paragraph in italics please.


If Zezima has taken the smilies from sonic blast, he'd take way more than what is currently on The Sonic Community (you have over double the smilies on Sonic blast). So why didn't he?
Well, I believe he didn't because he was only exposed to a certain portion of the smilies (from Sonic Online) not all of them.
I've checked and it is impossible to take any of the smilies as a guest. You need to be registered and logged in. Zezima wasn't logged into Sonic Blast for atleast a year, as he said.
Further more, we didn't get any actual proof that one of your members created the smilies. You showed us a topic where one of your members presented a set of smilies upon request claiming to have made them.


I hate plagiarism, and prefer to use my own work on my own sites. However, the approach your staff took to solve the problem was extremely rude. You registered accounts and publicly attacked The Sonic Community, accusing Zezima of being a thief and threatening to shut the site down. You could have contacted Zezima privately via the PM system. That is why I am irritated.

Thank you
Also kirk, Sonic is SEGA not Nintendo xD





karkooshy
Forumember

Male Posts : 327
Reputation : 7
Language : English

http://quable.forumotion.com

Back to top Go down

Re: Site is under threat of being shut down

Post by Sweet Mercy on December 31st 2010, 4:28 pm

@karkooshy wrote:I'm an active member of TSC (The Sonic Community), so this is extremely relevant to me.

My post at TSC after a "Black Gatomon" accused Zezima (Xanthis) of theft:

Black Gatomon wrote:Screenshot from Sonic Blast
http://i1194.photobucket.com/albums/aa371/EeveeEverlasting/Untitled.png?t=1293700314

Please refrain from stealing from our site, thank you.

Did your site create those emoticons? If not then Zezima has all the right to use them.
Zezima said he got them from Sonic Online.
Not to mention that some of the emoticons TSC is currently using don't match the smilies seen on Sonic Blast.
1. More than one site is using the emoticons... according to Zezima's testimony.
2. Some of the emoticons don't match.

This leads me to believe that the emoticons were created by a third party and were simply used on your forum.

You could argue that the you HAD those missing smilies Zezima is now using on TSC, and that Sonic Online copied your smilies aswell (rendering my two points... well, pointless), but Zezima only installed the smilies recently. I've check Sonic Blast and there were no recent announcements about the removal of smilies.
I doubt you removed any of the smilies without raising any public awareness. I also doubt Zezima planned to download your smilies and wait until you removed some only to upload them months later onto his site. That's just ridiculous, and for something as trivial as smilies.


Now, if the smilies AREN'T infact the creation of Sonic Blast staff and/or it's members;
(if it is a member that created the smily you also have to be sure he licensed it to your site and your site alone as he/she could've posted the smilies onto more than just your site)
Zezima DOES have the right to use them as they are publicly available for use and only the creator can claim ownership.


Of course I maybe wrong,
In which case, I give you my most humble and abject apologies.




@Neo Metallix wrote:
Regarding those smilies not used on Sonic Blast, they are old smilies we used on our forum but replaced or no longer needed.

re-read the paragraph in italics please.


If Zezima has taken the smilies from sonic blast, he'd take way more than what is currently on The Sonic Community (you have over double the smilies on Sonic blast). So why didn't he?
Well, I believe he didn't because he was only exposed to a certain portion of the smilies (from Sonic Online) not all of them.
I've checked and it is impossible to take any of the smilies as a guest. You need to be registered and logged in. Zezima wasn't logged into Sonic Blast for atleast a year, as he said.
Further more, we didn't get any actual proof that one of your members created the smilies. You showed us a topic where one of your members presented a set of smilies upon request claiming to have made them.


I hate plagiarism, and prefer to use my own work on my own sites. However, the approach your staff took to solve the problem was extremely rude. You registered accounts and publicly attacked The Sonic Community, accusing Zezima of being a thief and threatening to shut the site down. You could have contacted Zezima privately via the PM system. That is why I am irritated.

Thank you
Also kirk, Sonic is SEGA not Nintendo xD





Very true.

Sweet Mercy
New Member

Posts : 3
Reputation : 0
Language : English

Back to top Go down

Re: Site is under threat of being shut down

Post by Guest on December 31st 2010, 4:42 pm

A good way to get sure your forum wont be closed, would be to respect Terms Of Service.
Especially this chapter

Limitations of the services:

Limitations of the services
The products and services can be used only in the precise way for which such products and services have been made for. You cannot use the products and services, or associate them to any content or activity which might be harmful to the any individual person's private rights :

* Contents which are illegal, harmful, threatening, improper, slanderous, vulgar, obscene or ethically reprehensible
* Content which disclose personal datum that could identifies children under age of 18 or which exploit the images.


Forumotion.com is a site entirely free. We strive to offer quality service. We ask that you do not remove the copyright information and footer set up on your forums because they prove you belong to the Forumotion.com family. Every forum that has edited or removed these links will receive a warning.
Also, it is forbidden to remove or hide the sponsored links through any means other than the one provided, namely the credits management. We provide a quality service completely free and are always looking to improve it to meet your expectations. For these reasons, we ask that you respect our terms.

Guest
Guest


Back to top Go down

Re: Site is under threat of being shut down

Post by Rocker92 on December 31st 2010, 4:53 pm

I just have to laugh at Neo Metallix & BlizShadow

Neither of you made them:

Take a look at the image location here Laughing



I Mean, for gods sake. It's an emoticon, if you want to winge on over a stupid little image that ANYONE could make by simply re-sizing it, go ahead.

What's wrong? Don't like the competition? Deal with it!

Rocker92
Forumember

Male Posts : 737
Reputation : 117
Language : English & French
Location : Atlanta, GA

http://www.code-artist.com/

Back to top Go down

Re: Site is under threat of being shut down

Post by kirk on December 31st 2010, 5:43 pm

this is just getting a little to way out of hand.
where talking about smiles for heavens sake.

So i have seen enough, if someone says they created the smiles and this other forum is useing them/stole them from their forum etc.. then it will have to be reported litigation's for them to decide.

But my whole point was, how can someone take a character from something like Sega then call it their own and claim they own it, it would be like a knock off.
like how Chinese companies make air Jordan shoes but just call them Jordan's... lol

i can tell you it's very hard to do anything about someone useing images from one place to another(depending on the images of course). If you are one that clearly owns and have things copyrighted.Then you would have to send proof that you own them off to litigation's as well.

So the whole thing is rather silly to me,If it is realy going to cause this much of a stink,then i would just get rid of the images make my own and move on.

Spoiler:
@Rocker92 wrote:I just have to laugh at Neo Metallix & BlizShadow

Neither of you made them:

Take a look at the image location here Laughing



I Mean, for gods sake. It's an emoticon, if you want to winge on over a stupid little image that ANYONE could make by simply re-sizing it, go ahead.

What's wrong? Don't like the competition? Deal with it!
LOL Razz Rolling Eyes Lol Mr. Green



Thread now locked. if the creator of the images are that upset then they can take it up with forumotion litigation's to decide what action to take if any.

kirk
Forumaster

Male Posts : 11037
Reputation : 651
Language : English,Vulcan,Klingon, Romulan,& Gorn

Back to top Go down

View previous topic View next topic Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum