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So called "copyright" infringements?

Post new thread This thread is locked: you cannot edit posts or make replies. Railpage Australia™ Forum Index -> MSTS General Discussions
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schmocko Train Controller   Joined: Feb 12, 2006
Last Visited: Nov 15, 2008


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Posted: Wed Jun 11, 2008 1:42 am
Hey All,

I just read over the thread up top about squeek and big_ed...

Whats with all this "you need permission from companies etc" before making models talk??

Have none of you used Auran's Trainz before?? Literally every railway company from all countries around the world hyave models featured on there, created by game users. anything that has been re-skinned either says with their permission or something like "reskin of john_doe's awesome blah blah class" and as far as I have ever seen, no one minds.

None of the Australian content created on there has been removed for
copyright reasons from my knowledge. Yet alone content created for LITERALLY every damn rail company in the world.

Its really sad to see the once great australian MSTS community now in tatters thanks to some immature gimme pigs and creators. THANKFULLY i lost interest in the sub-standard MSTS years ago and moved over to TRAINZ.

I think alot of people got gimme pigs confused with people who were excited to see a model they are a fan of being made.

Take steam4me for example.. they pulled alot of their content off the site, yet now the VR/V/ L Class is back up- according to another thread anyways.. SURELY this is a copyright infringement? well thats according to most of you anyways.

The V/ Y class at DVR- is that a copyright infringement too? What about SRHC painting locos in the old VR livery?? I'm sure most companies would be more than happy to have models made as somewhat of a PR/ marketing thing- and if its at no cost to them even better.

It just seems to me all these 'copyright' problems are just rumors. If someone reskinned your model you should be happy that someone liked it enough they wanted to add another livery that you, the creator didnt either want to do or didnt have time etc. its not to claim your model as their own.
 
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PhilChorusch Chief Train Controller   Joined: Dec 09, 2007
Last Visited: Dec 1, 2008
Location: Goulburn NSW


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Posted: Wed Jun 11, 2008 2:29 am
schmocko wrote:
Hey All,

I just read over the thread up top about squeek and big_ed...

Whats with all this "you need permission from companies etc" before making models talk??

Have none of you used Auran's Trainz before?? Literally every railway company from all countries around the world hyave models featured on there, created by game users. anything that has been re-skinned either says with their permission or something like "reskin of john_doe's awesome blah blah class" and as far as I have ever seen, no one minds.

None of the Australian content created on there has been removed for
copyright reasons from my knowledge. Yet alone content created for LITERALLY every damn rail company in the world.

Its really sad to see the once great australian MSTS community now in tatters thanks to some immature gimme pigs and creators. THANKFULLY i lost interest in the sub-standard MSTS years ago and moved over to TRAINZ.

I think alot of people got gimme pigs confused with people who were excited to see a model they are a fan of being made.

Take steam4me for example.. they pulled alot of their content off the site, yet now the VR/V/ L Class is back up- according to another thread anyways.. SURELY this is a copyright infringement? well thats according to most of you anyways.

The V/ Y class at DVR- is that a copyright infringement too? What about SRHC painting locos in the old VR livery?? I'm sure most companies would be more than happy to have models made as somewhat of a PR/ marketing thing- and if its at no cost to them even better.

It just seems to me all these 'copyright' problems are just rumors. If someone reskinned your model you should be happy that someone liked it enough they wanted to add another livery that you, the creator didnt either want to do or didnt have time etc. its not to claim your model as their own.


Hi mate,

I'm not really sure about why the copyright problems happened as I only started using MSTS since last year... And now I build my own models and I have to ask Railcorp for permission to use the images from the Cityrail website for my models of the Hset Oscar & the Hunter Railcar for it's textures and so I can upload them to train-sim.com and this is hard work to be honest mate... I really couldn't say anything about the gimmie pigs because I haven't had this problem as of yet but I am still waiting on this part Laughing

Reguards Phil
 
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superheatedsteam Chief Train Controller   Joined: May 19, 2004
Last Visited: Dec 1, 2008
Location: Perth, WA


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Posted: Wed Jun 11, 2008 4:53 am
Schmocko,

Use the search button at the top of the screen. Search the MSTS forums here for the word copyright and read all the posts relating to that subject. Then will you have a better understanding of the ‘copyright issue’ as it relates to MSTS in Australia.

Then read the copyright act, the designs act as well as any legislation relating to trademarks. Then post back and enlighten us with your findings.

If it still seems that all these ‘copyright problems’ are just rumours let me know. I suspect you have never actually created a 3D model for MSTS so I will make and texture one for you so that you may publicly release it. I will then contact the legal departments of all those who may have an interest, as well as the copyright police and you can be the first test case.

I would prefer it if you were over 18 and had a mortgage as well so that you are standing in the same shoes as others who have had to make some hard decisions on this matter.

I admire people who stand up for what they believe is right. Hell, you could even end up a MSTS hero.

Let me know how you wish to proceed?
 
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schmocko Train Controller   Joined: Feb 12, 2006
Last Visited: Nov 15, 2008


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Posted: Wed Jun 11, 2008 5:32 am
thanks for your reply PhilChorusch.

superheatedsteam i apologise if i touched a nerve, i guess i didnt read enough before posting. I only view msts as a game, and the fact that the game was designed to be 'open' to allow 3rd party content etc should mean you, the creators can make whatever you like without any potential for lawsuits etc. that should go back to the game creators not people who are prepared to take the time to work some magic.

I do understand where your coming from.

As for letting you know how i wish to proceed, i apologise for bringing up such a sensitive subject and think this thread should be locked before more people jump in to interfere.

I'm sorry everyone.
 
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Alltrains Train Controller   Joined: Aug 13, 2006
Last Visited: Jun 11, 2008


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Posted: Wed Jun 11, 2008 5:42 pm
I'm sorry to disappoint you superheatedsteam but smacko would not be the first case as there was a case early in MSTS where two so called friends were building a route and models and one accused the other of stealing his models so he proceeded with court action but they both lost out as in the court it was shown that they both copied and distributed licensed trademarks without the permission of the trademark owner. The judge came down heavy on both of them.
 
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cpdbear Assistant Commissioner   Joined: Sep 07, 2003
Last Visited: Nov 30, 2008
Location: Adelaide, South Australia


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Posted: Fri Jun 13, 2008 12:12 am
Alltrains could you show us the link to the case you quote or a case location/time/place etc. I would like to see what I can find about what a magistrate or judge may have actual said rather than what is being claimed by someone that may not have actually read the transcript. I have read a number of claims by you at various times that seem to be in conflict with the actual documented material I can find especially in the area of copyright vs designs.



cpdbear (Chris)
Website: www.railpage.org.au/comrails
Photos: cpdbear.fotopic.net
 
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ButFli Locomotive Fireman   Joined: Mar 19, 2008
Last Visited: Nov 28, 2008


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Posted: Thu Jul 24, 2008 4:03 pm
Alltrains wrote:
I'm sorry to disappoint you superheatedsteam but smacko would not be the first case as there was a case early in MSTS where two so called friends were building a route and models and one accused the other of stealing his models so he proceeded with court action but they both lost out as in the court it was shown that they both copied and distributed licensed trademarks without the permission of the trademark owner. The judge came down heavy on both of them.
As much as I hate to dig up old threads...

You clearly have no idea how the law works. The situation you have described could not happen. Trademark infringement is not a crime. A judge could not "come down heavy" on someone if evidence of it was revealed in a civil matter.

If you are going to make smeg up at least make it believable.
 
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nickeax Chief Commissioner   Joined: Aug 09, 2003
Last Visited: Sep 30, 2008
Location: Australia


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Posted: Fri Jul 25, 2008 1:23 pm
It's all a very unfunny joke. You need no permission to build anything unless you are selling it. Alltrains just has a small member.




MSTSAustralia.com Free MSTS content and guides so you can do it yourself.


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steam4me Deputy Commissioner   Joined: Mar 07, 2003
Last Visited: Dec 1, 2008
Location: Port Melbourne, Victoria


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Posted: Sat Jul 26, 2008 10:14 am
I am SO sick of trolls repeatedly dragging up the copyright issue. These forums have been dragged to their knees by this useless debate. Each successive post just throws more dirt on the coffin.

This is a divisive and destructive topic with the gimme pigs on one side and those who've taken (legal) advice on the other side. The copyright issue has just about killed off the UKTS Aus/NZ forums following a cowardly and vicious attack by two of the UKTS moderating team a couple of months ago.

I note that Russell's forums have a ban on copyright discussions because of the trouble it always causes, and those forums I understand are flourishing. Maybe RP should institute a similar ban here, locking and deleting any posts on copyright: it's all been said over and over again. As superheatedsteam has suggested, read the relevant legislation, make your own model and distribute it.

Now can we SHUT THE "RAMSAY" UP ABOUT COPYRIGHT?.  
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PhilChorusch Chief Train Controller   Joined: Dec 09, 2007
Last Visited: Dec 1, 2008
Location: Goulburn NSW


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Posted: Sat Jul 26, 2008 10:32 am
steam4me wrote:
I am SO sick of trolls repeatedly dragging up the copyright issue. These forums have been dragged to their knees by this useless debate. Each successive post just throws more dirt on the coffin.

This is a divisive and destructive topic with the gimme pigs on one side and those who've taken (legal) advice on the other side. The copyright issue has just about killed off the UKTS Aus/NZ forums following a cowardly and vicious attack by two of the UKTS moderating team a couple of months ago.

I note that Russell's forums have a ban on copyright discussions because of the trouble it always causes, and those forums I understand are flourishing. Maybe RP should institute a similar ban here, locking and deleting any posts on copyright: it's all been said over and over again. As superheatedsteam has suggested, read the relevant legislation, make your own model and distribute it.

Now can we SHUT THE "RAMSAY" UP ABOUT COPYRIGHT?.


I agree with you Yuri, I think it's time to have this thread LOCKED, I will send a message to a moderator

Regards Phil
 
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2001 The Snow Lord The Snow Lord
  Joined: Jan 25, 2005
Last Visited: Dec 1, 2008
Location: The road jump at Charlotte Pass. Paxman Valenta on two planks.


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Posted: Sat Jul 26, 2008 2:46 pm
Got your message, Phil.

Time to put the warring factions to bed.



2001

Member Falls Creek 2018 Olympics Committee.
 
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