Saturday, August 18, 2012

Digital Piracy?

Seriously? So when does copyright get established. If two designers buy the same CU products from the same stores and use them can one say its mine and all the others who purchased those commercial use products are to be in violation of copyright? Correct me if im wrong but when a CU product is purchased you are granted a license to use it. You are not purchasing a copyright. Therefore you cannot violate one if you are within the terms of the license you have purchased in using the designs. A friend got this in the email today and Im at a loss for words. This is basically saying that they think she looks like other designers out there and that she should stop selling online period cause they have come to this opinion yet give no indication of what the alleged violation is or any proof to back it up and will in effect slander her and her company on these opinions without any due process., They are after all wanting to keep things legal apparently? Due process? Proof? Lack of it equates to slander. This is going too far.....Below is the email....


Please note that we have received several complaints pertaining to your digital designs and suspected digital piracy.  After reviewing the designs  we do believe that the complaints are valid.  There are several kits on your site, all fairly new, that mimic VERY
closely designs of several other digital designers.  While the specific designs being referred to may or may not be for sale on the same site(s) as those
being mimicked, we do feel that there is obvious piracy on your behalf.  The elements and papers of several kits are or are almost identical to the kits 
being mimicked and violate the codes of digital piracy.  At this time, we politely ask that you remove those collections from any/all stores for which
they are available for purchase, etc.  Furthermore, to maintain the integrity of our craft, we ask that you please remember that future collections offered
for sale be your own original work and not the replication of another designer's.  There are numerous forums and blogs dedicated to stopping digital
piracy in the digital scrapping domain.  Designers who are suspected of and/or are known to be digital pirates are made known to blog and forum
members, and their work is reviewed regularly to ensure that further violations are not being committed.  Please note that digital piracy is illegal and
punishable by law at the discretion of the designer whose designs have been replicated.  

Again, out of respect for the original designers of the designs you have replicated, we ask that you remove these collections immediately from any 
stores/sites for which they are available.  In addition, they should not be made available to the public as freebies, etc. because the designs are
still pirated work.  Copyright law states that you may not take credit for work which is not your original design(s).  While the digital scrapping domain
is competitive, you may not infringe on or take credit for designs other than your own original creations.  This includes altering or replicating digital
images (i.e., papers, elements, etc.) with slight changes and selling them as your own original creation.  

As of this time, your name and website has been added to our list of suspected digital pirates and will be regularly monitored for 6 months.  If the
pirated work is removed and no other violations are reported or committed, your information will be removed at that time.  For future reference, you
may want to review the following blog:  http://jenjen.typepad.com/stoppiracy/2005/11/what_is_piracy.html.  While we are in no way affiliated with 
this blog, we do use it as a reference point for new and seasoned digital designers to review for updates on digital piracy.  

We appreciate your attention to this matter and ask that you respect the creativity and originality of fellow digital designers so that we can all put
an end to digital piracy.  Digital piracy is WRONG and an infringement of copyright laws.
 
 

23 comments:

  1. Hello,
    This is an email that offers no real evidence of piracy. Anyone can write such an email and the person who has used legal concepts that do not rely on any fact demonstrated. Besides, who is this person??? In the field of digital scrapbooking, there are a lot of jealousy and people often seek to harm others.
    Sylvie

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  2. There is so much CU product out there, and so so so many designers, that everything looks like everything else anyway. I'm not sure how they can call anything piracy anymore! There are very few designers out there doing innovative work. I mean no offense to anyone by saying that, as I design myself, but seriously - that letter is idiotic.

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    Replies
    1. You're right, it's so true.
      Sylvie

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  3. Bet they probably sent that email to heaps of designers. Envy is a terrible emotion. Stand tall Misty and keep doing what you do well. Kamala

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  4. I don't even know what to say... I would just ignore the email or email them back saying something like this:
    Hi
    Just wondering why you're accusing me of this and what kits I'm copying.
    thanks,______________

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  5. I don't even know what to say... I would just ignore the email or email them back saying something like this:
    Hi
    Just wondering why you're accusing me of this and what kits I'm copying.
    thanks,______________

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  6. I read this at Just So Scrappy's page too and I think that it's plain stupidity. I mean how many kits have you encountered with the same palette or kits that have few same elements? The reason why there are many designers in this world is because people can't get enough of just one kit or one design. They like to try and test every kits. I think so too that whoever sent her the email is a jealous designer who wants her to stop designing so she can make kits like her without any problem..

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  7. Very interesting post. So what can be done about it?

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  8. I agree with anonymous who is this person?

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  9. I agree with Sylvie. I have seen this same thing done to other people. The ones that do this are just trolls roaming the internet looking for people to annoy. If they would get a life it would be nice. Ignore them and they will move on to the next poor unsuspecting soul.

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  10. In the "real" world copyright violations only occur when someone profits from someone else's work. They can't say that these cannot be given as freebies since there is no profit being made.

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  11. Seriously? An email? For a matter this serious? Wow! That is unbelievable! I'll bet this has your friend upset - but I think it is in the same category as those idiots that attack web sites in order to crash them - makes them feel powerful when in reality all they are is a pathetic trouble-maker.

    I'd sure like to know who has set themselves up as judge, jury & prosecutor in digi-land.

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  12. I do think someone is very jealous of your kits/designs. Keep up the great work. Unless they come forward with something more concrete than I've seen in the above mail, I would keep on doing what you do so well......scrapbooking. Thank you!!

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  13. Sounds to me like someone else wants to destroy the reputation of other designers. Every designer has their own style which makes anything "similar" very different from others, no matter if they use the same templates. To accuse someone of piracy means they have to PROVE it and I see accusation and not a shred of proof in that email. Seems to me that a similar but legal threat should be issued back at the person who sent the ugly email. The original emailer certainly is pushing legal limits if they follow through with publication of your friend's information.

    Selling is a dog-eat-dog world. I'd love to tell all designers this: Respect your work and your abilities and don't be afraid of someone doing similar work, it's the quality of the work that matters.

    Being accused of piracy sucks, I've been there myself when I was selling my digital hybrid products. I didn't worry because I knew I had done my OWN work, but if there had been online accusations I'd have fought back, loudly. I'd love to see more fighting back against the accusations of petty people who fear competition!

    Wish your friend good luck and remind her/him to stay strong!

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  14. This has happen to a couple of friends of mine. They are copyrighted and licenced. They do not use software, they scratch out there own doodles and sell them. A person filed a lawsuite against her and had no living proof of piritacy and the person with the complaint lost the lawsuite. This same situation happen again, a different person with a complaint aslo lost the lawsuite however, whould not stop harrasing my friend and harrased her for 2 years, and she finaly closed her blog. Its sad, I am seeing more complaints and no proof of wrong doing from the designer. Will this ever end?

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  15. I just read this same thing on another blog, what crap. just ignore! oh and i`m not a robot, thats crap too!!

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  16. I'm amazed that with CU products and lifetime licensing that they can send this type of junk and expect anybody to believe it. I to say ignore it as they need to show some proof.

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  17. This absolutely sickens me. Almost all designers use some form of CU products whether they received them free or bought them and to be honest, so many kits look similar that I blog hop a couple days a week looking for different and unique things. But this does not mean that the bulk of a designers kit isn't their own and the twists they put on the CU items they do use in kits makes them different anyway. The net has a serious over saturation of designers and scrap stores so I guess it's inevitable that the dregs of those designers are attacking the rest, it's the devils way. I, personally gave up my scrap blog and quit designing 2 years ago due to the turn it had taken with petty jealousies and ugliness. So sad for your friend, only 2 options, try to continue and ignore it, or throw in the towel. Hope your friend has the strength to fight, I didn't :(

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  18. CU is CU! I know you're right. Can you trace the email?
    Surely some handy techy teen could figure out where it came from. I love what you do and purchase your kits. The email is outrageous!

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  19. CU is just that, licensed and paid for use of the products for resale. I have 3 cat-themed kits that I bought in the SAME STORE; all the cats are identical, just colored differently to match the kits. My first thought was that I'd love to find those CU cats to make a kit for myself that is catered to the colors of my cats. I didn't think I was looking at anything but CU cats used by three designers. The kits are otherwise different, but they are the same cats. I saw no piracy just a relented CU designer with a hot selling product.

    If the designers paid for the product, there is no piracy. However, the person accusing your friend of piracy is trying to claim copyright on the CU work of someone else. I believe claiming ownership of someone else’s CU product is in violation of most basic TOUs and maybe the accuser is the actual pirate here.

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  20. This e-mail is SPAM, they hide behind a veil, they don't quote names or blog sites, they are just malicious people who are up to no good, especially for the scrapbooking community. Ignore them, or threaten them with action for slander. These people love to cause this heartache to the innocent, you know you are innocent, so treat them with the contempt they deserve. Maybe if we could all get their e-mail address we could inundate them with the same type of hate mail and see how they like it eh ? !!

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  21. I love the part where they say "Please note that we have received several complaints." LOL is there an Department of Digital Scrapbook Design that monitors designers? How would anyone know who to complain to? That right there tells you that these people are bogus. I agree with witchypoo, this letter screams malicious intent with out a shred of authority to intimidate.

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