this is a shot of the suit just after i finished airbrushing, i have my fingers crossed it makes it to AC but thats up to fedex lols it could all go soooooo wrong lol :P
2nd life specie owned by http://www.furaffinity.net/user/charlottewirtanen/ and http://www.furaffinity.net/user/ruezyklon/
Character belongs to flamesoulice
suit made by me
2nd life specie owned by http://www.furaffinity.net/user/charlottewirtanen/ and http://www.furaffinity.net/user/ruezyklon/
Character belongs to flamesoulice
suit made by me
Category All / All
Species Wolf
Size 1106 x 1280px
File Size 289.1 kB
This suit is a Therion. Therions were created by EXL, a large business (run by me and several other prominent furry artists) on SecondLife.
I would appreciated it if we were credited -- Flame did NOT design this character, this suit is an EXACT replica of a product we have sold thousands of, to thousands of people. This is Flame's avatar on SecondLife, which he wears regularly.
I was not asked if it was OK to do this by him, either. I'm not happy at all about my intellectual property being turned into a suit, uncredited, without my knowledge.
I would appreciated it if we were credited -- Flame did NOT design this character, this suit is an EXACT replica of a product we have sold thousands of, to thousands of people. This is Flame's avatar on SecondLife, which he wears regularly.
I was not asked if it was OK to do this by him, either. I'm not happy at all about my intellectual property being turned into a suit, uncredited, without my knowledge.
The suit is wonderful by the way, I'm not attacking your work -- You've brought it to life in some really exciting ways, I just wish that people would have done this the right way instead of ripping off a copyrighted design that has been a mainstay of my personal income for 4 years and claiming credit for it.
This is a good suit, but the Blood Tiger Therion design this suit is made after was made by EXL on Second Life, and should be properly credited to the creators, both
CharlotteWirtanen and
Ruezyklon
Don't mean to start any kind of drama but, as stated by Charlotte, the individual that comissioned the suit should have went through the proper channels first before getting the this made into a personal suit. It's not fair to both the creators.
Proof of this can be found here: http://www.furaffinity.net/view/2466219/
Please give proper credit where credit is due, that's the least one can do in this situation!
CharlotteWirtanen and
Ruezyklon Don't mean to start any kind of drama but, as stated by Charlotte, the individual that comissioned the suit should have went through the proper channels first before getting the this made into a personal suit. It's not fair to both the creators.
Proof of this can be found here: http://www.furaffinity.net/view/2466219/
Please give proper credit where credit is due, that's the least one can do in this situation!
I would also like to note that I hold a pending legal copyright of the Therion design with the United States Office of Copyright, Case #1-431177611, Claim ID #1-74PMSB. You are welcome to look this up or contact a lawyer if you need further information -- This design is a legal asset of my business which my livelihood depends on, as well as being widely recognized as symbolic of our work.
Surely, for an ornamental design of a practical implement (a piece of clothing), you would need a design patent, not a copyright?
so it looks like the product someone else created so what, it just looks like it, I see no problem with that aren't all ideas spawned from something we see in everyday life...I mean....isn't that how everything kinda started....but takeing something small from somthing big and adding it to fit out perspective?
I'm gonna chip in here because I just took a class on IP law for games development, and all the info is still fresh in my head.
According to "Business & Legal Primer For Game Development" as compiled by S. Gregory Boyd and Brian Green, intellectual property litigation is an extremely expensive process to initiate. In short, Charlotte, you would need to have a copyright on that character, and you would have to have a EULA stating that you retain all rights to any derivative works. Moreover, you would need to prove that the derivative work was significantly damaging to your business... Instead, it looks a whole lot more like a fan just gave you a TON of free advertising. Way to look a gift horse in the mouth. One of your first steps in IP litigation would be sending a "cease and desist" letter... however, since this person is not actively producing anything, selling anything, or making any money off this suit, then there is no production activity to desist. Also, a specific avatar becomes the IP of the player or user of that avatar (his character belongs to him*). It would seem that Charlotte rescinded the rights to the character by not asking the customer to sign a EULA protecting her rights... also, if the character was sufficiently modified, then the original rights and licenses no longer apply anyway.
* For example, if Trancy Mick had a copyright on sergals, then sergals would belong to him. But if I made a sergal character for my personal use, that character belongs to me. I can't go selling a ton of sergals without Trancy Mick's permission, and he can't claim rights over my character or sell a bunch of copies of my character.
Ahhh, yes, here we go... onto the important part: "Patent litigation is complicated, ultra-niche litigation. It is not surprising that it is expensive, and costs often run well past $1,000,000 in legal fees. There is also no doubt that this will become substantially more expensive in the future."
In short, Charlotte would seem to have everything to lose from this case, wouldn't be likely to win the suit even if it was fiscally viable, and would probably do much more damage to her business by pursuing such a lawsuit. All for a $900 Linden item? At current rates, that's a little under $4 USD, leaning more towards $3 USD. Also, the avatar was already bought and paid for, which included all the rights to it's use at purchase.
..... I'm also curious, Charlotte... do you pay taxes on your independent business, since it is so fiscally important as to threaten lawsuits?
According to "Business & Legal Primer For Game Development" as compiled by S. Gregory Boyd and Brian Green, intellectual property litigation is an extremely expensive process to initiate. In short, Charlotte, you would need to have a copyright on that character, and you would have to have a EULA stating that you retain all rights to any derivative works. Moreover, you would need to prove that the derivative work was significantly damaging to your business... Instead, it looks a whole lot more like a fan just gave you a TON of free advertising. Way to look a gift horse in the mouth. One of your first steps in IP litigation would be sending a "cease and desist" letter... however, since this person is not actively producing anything, selling anything, or making any money off this suit, then there is no production activity to desist. Also, a specific avatar becomes the IP of the player or user of that avatar (his character belongs to him*). It would seem that Charlotte rescinded the rights to the character by not asking the customer to sign a EULA protecting her rights... also, if the character was sufficiently modified, then the original rights and licenses no longer apply anyway.
* For example, if Trancy Mick had a copyright on sergals, then sergals would belong to him. But if I made a sergal character for my personal use, that character belongs to me. I can't go selling a ton of sergals without Trancy Mick's permission, and he can't claim rights over my character or sell a bunch of copies of my character.
Ahhh, yes, here we go... onto the important part: "Patent litigation is complicated, ultra-niche litigation. It is not surprising that it is expensive, and costs often run well past $1,000,000 in legal fees. There is also no doubt that this will become substantially more expensive in the future."
In short, Charlotte would seem to have everything to lose from this case, wouldn't be likely to win the suit even if it was fiscally viable, and would probably do much more damage to her business by pursuing such a lawsuit. All for a $900 Linden item? At current rates, that's a little under $4 USD, leaning more towards $3 USD. Also, the avatar was already bought and paid for, which included all the rights to it's use at purchase.
..... I'm also curious, Charlotte... do you pay taxes on your independent business, since it is so fiscally important as to threaten lawsuits?
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