Protecting skins from commercial use
#1
Spurred on by this thread and this video which clearly shows that Alaska Revisited is being used.

What ways are there to protect a skin from being used in a commercial product without the creators consent?
#2
Quote:Copyright arises when an individual or organisation creates a work, and applies to a work if it is regarded as original, and exhibits a degree of labour, skill or judgement.

Quote:Only the owner, or his exclusive licensee can bring proceedings in the courts against an infringement.

http://www.copyrightservice.co.uk/copyri...aw_summary

if someone stole my work id be getting on the phone to a lawyer for advice. the law protects you from this kind of stuff.

edit: i see they are making money of it, your skin is your creation, xbmc is just the technology that runs it. they cant just take your skin change the colours/add a few things and run it on a different technology.
#3
As you used this license Attribution-ShareAlike 3.0 Unported I think you are shit out of luck, but I'm no lawyer, so I suggest you consult with one if you know (family/friend) so it doesn't cost you money. I used this license Attribution-NonCommercial-ShareAlike 3.0 Unported for all the work I do, which I think prevents this kind of people from profiting from the hard work others do and ripping costumers for something that is free.

Changing the license now won't prevent them from using your past work but your future work if what I understand is right.
#4
Hitcher Wrote:clearly shows that Alaska Revisited is being used

Clearly.. I'm sorry what? I must get myself new glasses because I don't see anything that looks like Alaska in that video.
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#5
Japaja Wrote:Clearly.. I'm sorry what? I must get myself new glasses because I don't see anything that looks like Alaska in that video.
Are you kidding?Laugh
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#6
KiSUAN Wrote:As you used this license Attribution-ShareAlike 3.0 Unported I think you are shit out of luck, but I'm no lawyer, so I suggest you consult with one if you know (family/friend) so it doesn't cost you money. I used this license Attribution-NonCommercial-ShareAlike 3.0 Unported for all the work I do, which I think prevents this kind of people from profiting from the hard work others do and ripping costumers for something that is free.

Changing the license now won't prevent them from using your past work but your future work if what I understand is right.

correct, you can change the license now and they are not allowed to use the new additions, if you have full rights or have consent from all contributors to do so (offtopic: this is also why xbmc can't change to be closed source etc. /offtopic)

Creativecommons noncomercial is the best bet.

Also if you have full rights you can change the license for a single company if you so desire, platinum upnp in xbmc has this dual license.
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"Well Im gonna download the code and look at it a bit but I'm certainly not a really good C/C++ programer but I'd help as much as I can, I mostly write in C#."
#7
GaidarX Wrote:Are you kidding?Laugh

No it's a honest question. How can u tell it's Alaska revisited? I just don't see it.

P.S.
Just to be clear, I fully support skin creators and will always try to report if I see a rip-off, but judging by my ability to do so in this case.. Big Grin
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#8
Japaja Wrote:No it's a honest question. How can u tell it's Alaska revisited? I just don't see it.

P.S.
Just to be clear, I fully support skin creators and will always try to report if I see a rip-off, but judging by my ability to do so in this case.. Big Grin

its similar

amino
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alaska revisited
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compare the two, the layout is similar, even the gradient on the large "fanart" image looks exactly the same! on alaska there is a "panel wide" view that is even closer to the amino screenshot.
#9
heres another similar view....

amino
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alaska revisited
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looks the same-ish?
#10
Japaja Wrote:No it's a honest question. How can u tell it's Alaska revisited? I just don't see it.

P.S.
Just to be clear, I fully support skin creators and will always try to report if I see a rip-off, but judging by my ability to do so in this case.. Big Grin

To go further I can see at least 2 more skins textures and more being used, like the clock in the SS shown by krish_2k4.

The hole skin in that video ricks of plagiarism...

topfs2 Wrote:correct, you can change the license now and they are not allowed to use the new additions, if you have full rights or have consent from all contributors to do so (offtopic: this is also why xbmc can't change to be closed source etc. /offtopic)

Creativecommons noncomercial is the best bet.

Also if you have full rights you can change the license for a single company if you so desire, platinum upnp in xbmc has this dual license.

Thanks for the clarification, at least if the others skinners can relate this rip-offs and have proper license to prevent commercial use they can prevent this company from ripping costumers and hard working people.
#11
and as sounds go, listen close to the sound when he goes into "music" at around @ 0:05 seconds! that sound is awfully similar to xbmc!

even if the skinners cant do anything about it, it is blatant theft and XBMC as well as the skinners should publisise the plagiarism.

im sure gizmodo, lifehacker (known to be followers of xbmc and ran articles on xbmc) would love to get their hands on this!
#12
Hitcher Wrote:Spurred on by this thread and this video which clearly shows that Alaska Revisited is being used.

What ways are there to protect a skin from being used in a commercial product without the creators consent?

XBMC is a goldmine for a company like that. There is no way someone contributing to an open source project for no profit could protect their work. Sucks for the designers credibility but it's good for XBMC in the end. Aeon is one of the most original designs that has obviously been interpreted commercially, yet it uses apple's patented cover flow. Thankfully it doesn't matter because there is no profit involved which I guess makes it's derivative.

If someone truly wanted to protect their 'design' (including code/whatsss thththeeee pointnntntntn!!!!!!!!!!!!!!!!) they should unassociate with XBMC, protect their design and then allow it to be used under some sort of agreement with XBMC. Is anyone actually willing to go that far to protect something they made for an open source project? Hitcher?
#13
Stranger Wrote:XBMC is a goldmine for a company like that. There is no way someone contributing to an open source project for no profit could protect their work. Sucks for the designers credibility but it's good for XBMC in the end. Aeon is one of the most original designs interpreted by commercial company's yet it uses apple's patented cover flow, but thankfully it doesn't matter because there is no profit involved which makes it's completely derivative.

If someone truly wanted to protect their 'design' (including code) they should unassociate with XBMC, protect their design and then allow it to be used under some sort of agreement with XBMC.

Skinns (including code and artwork) used in XBMC have nothing to do with XBMC per se, that's why they have a separated license.

Also cover flow patent is crap and a rip-off of the patent of Mirror Worlds, and holds no water whatsoever, so if anyone sue, would be Mirror Worlds, not Apple. Not even addressing that a patent for something like "cover flow" is a joke, is like a patent for a square, it's a freaking diagram that a 5 year old can come up with.
#14
The main menu looks like the Aeon Nox main menu with the Aero Glass option. Maybe you should also contact Big_Noid and see what license is he using. If it`s the non-commercial one maybe you guys can screw them up using Big_Noids license and his main menu.
#15
Aeon Nox uses http://creativecommons.org/licenses/by-sa/3.0/us/, seems much of the skinners just copy-paste the license.txt without much thought... anyway I think that changing the license now will still be something.

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