Whats in the name?

[Maria]

138 bucks and five days to go. That lady is losing some money there. I almost feel sorry for her, but intellectual property is intellectual property.

[Skigod377]

I say its the cost of her education. Windstoneeditionscreations… are you kidding me? *Oh, let me make my name Windstoneeditions and paint my dragons like they do and not give a darn about copywrite policies* Blah. It will be a lesson.

[Maria]

Yep, and pretty expensive one at that. But she-s not even factually losing money – you can-t lose something you don-t have.

[drag0nfeathers]

Well, she could probably still sell it to the high bidder if they wanted it bad enough. Not legit through ebay, but privately.

Got a busted Windstone?
drag0nfeathersdesign@gmail.com
*OPEN for repairs*

*SEEKING GRAILS*
Arc-en-ciel Emperor
Siphlophis Male Dragon
Calypso Hatching Empress
Ivory Moss Sitting Baby Kirin
Tattoo Mother Kirin
Emerald Tabby Male Griffin
Tie Dye + Orion Hatching Royalty
Indigo Rockfish + Flame Tabby Little Rock Dragons
Dragon Quail + Obsidian Frost Old Warriors
Betta Sun Dragon + Male Dragon
Dreamscape, Orion, Poison Dart, Fireberry, Spangler + Tigerberry Dragons

[Maria]

True. But that wouldn-t be acting according to the spirit of the law, and I don-t think it would be very honest of her to do so.

[drag0nfeathers]

Very true

Got a busted Windstone?
drag0nfeathersdesign@gmail.com
*OPEN for repairs*

*SEEKING GRAILS*
Arc-en-ciel Emperor
Siphlophis Male Dragon
Calypso Hatching Empress
Ivory Moss Sitting Baby Kirin
Tattoo Mother Kirin
Emerald Tabby Male Griffin
Tie Dye + Orion Hatching Royalty
Indigo Rockfish + Flame Tabby Little Rock Dragons
Dragon Quail + Obsidian Frost Old Warriors
Betta Sun Dragon + Male Dragon
Dreamscape, Orion, Poison Dart, Fireberry, Spangler + Tigerberry Dragons

[drag0nfeathers]

Ah, I see the copyright notice is up now! Sounds good! Though the gold highlight thing irks me a little.

Got a busted Windstone?
drag0nfeathersdesign@gmail.com
*OPEN for repairs*

*SEEKING GRAILS*
Arc-en-ciel Emperor
Siphlophis Male Dragon
Calypso Hatching Empress
Ivory Moss Sitting Baby Kirin
Tattoo Mother Kirin
Emerald Tabby Male Griffin
Tie Dye + Orion Hatching Royalty
Indigo Rockfish + Flame Tabby Little Rock Dragons
Dragon Quail + Obsidian Frost Old Warriors
Betta Sun Dragon + Male Dragon
Dreamscape, Orion, Poison Dart, Fireberry, Spangler + Tigerberry Dragons

[Jodi]

Greater Basilisk wrote:

True. But that wouldn-t be acting according to the spirit of the law, and I don-t think it would be very honest of her to do so.

Of course, she hasn’t followed the spirit of the law yet. With the copyright coloring and name infringements, not to mention her unauthorized use of the SK photo. Think it will stop her?

[Bob]

John wrote:

Nambroth wrote:

Greater Basilisk wrote:

I think Windstone will have to add that notice to the papers in the PYO boxes, since a lot of people – like me – order by phone. That way they can point to a written warning and a copyist can’t plead ignorance.
Besides, I think that even if that lady isn’t a forum member, she might consider the possibility of Windstone color schemes being protected. I’d think that in the sue-happy American society people would have a developed a better sense of what’s theirs and what’s not.

They used to do this with the first PYO griffins… did they stop? (I honestly don’t know since I don’t buy ’em O_o)

I too can sympathize with folks that just don’t know better. It just seems in this case that he/she knew because of the blurb about ‘changing it a little’ for copyright reasons. BUT! Again I do know what it’s like not to know ‘the rules’ so to speak. Windstone’ isn’t “out to get” anyone though so usually all it takes is a letter to the person in question to explain how things are. They are not trying to punish folks about this, the truth is that most people are not aware of how protected Windstones are (I know I didn’t until I started working with them!). I think some sort of notice/agreement on the order page and on future Windstone auctions for PYOs would help. Something to the extent of ‘by purchasing this product you agree that you recognize that Windstones are protected (insert legal wording here). This will cover the seller from saying ‘I didn’t know’ and will cover Windstone in case they find someone else doing it. 🙂

Sorry I can’t follow up on this untill we get back in town, but we are making changes to better inform painters of the laws. I think I delt with this particular auction gently enough that we won’t loose an enthusiast. The auction should be taken down soon.
We are putting up an entry page to explain the laws as you go into the figuine side of the site (this afternoon?). Check it out and spread the word that all should read it.
I got it just now when I tried to log in but as a suggestion I would print it out and send a copy out with EVERY PYO you send out. Not eveyone that buys PYO’s is a Forum mamber

[Bob]

Greater Basilisk wrote:

True. But that wouldn-t be acting according to the spirit of the law, and I don-t think it would be very honest of her to do so.

Look at her description and tell me if she knows what honest means???

[Rusti]

drag0nfeathers wrote:

Ah, I see the copyright notice is up now! Sounds good! Though the gold highlight thing irks me a little.

Yeah, the highlights thing seems like a bit of a stretch, if you ask me, but that’s just my humble opinion.

[Alyssa]

I am also curious to see what the price is before it gets pulled. I bet ppl think it is a Windstone auction. I do feel bad for her, but I don’t think it is right of her.

[Bob]

I’m wondering how can you feel bad for her when it is so obvious what she did??

[Alyssa]

I feel bad because she will get all excited that she is going to make this money and then the auction will get pulled and she might not make any money. I hate it when I get excited about something and then it doesn’t happen that way.

[Jodi]

I don’t think the auction will get pulled because she’s not actually copying another person’s auction listing. The copyright thing with Windstones is a complete difference issue than the copyright thing with Ebay. And Ebay only pulls listings for copyright issues with them.

John may have to buy her dragon and pursue this in the legal court. But a nice scary letter from Windstones or their lawyer may do the trick so she pulls her own auction, and I bet she will try to sell it to the highest bidder at that point anyway.

[Author]

Posts