Commodore USA puts Marko Hirv's name back

[magnetic]

PIru

Ah, thats good news. Now I see what you meant on irc. i remember when that artist put that pic on aorg years ago!

[warpdesign]

Why was Windows brought to topic ? This is off-topic...

The line of thinking probably went like this: maybe the image creator will never see the image and nobody will recognize it, therefore no problem. If it is recognized the worst that will happen is the creator will request that CUSA stop using it - once again no problem.

Then let me tell you the line of thinking is not ethic... What would happen if every company (or pseudo company...) in the whole world was acting like this ? "Ok, let's put some shot here, if they warn us, we'll just remove it".

And it's not like he was actually working on bringing this fantasy design to life, having contracting someone to actually produce a working prototype, no... It's just here to get the attention of some Amiga lover...

So to sum up:

 - un-authorized use of someone's design with the only purpose to get people into buying other products

[redrumloa]

@Karlos

Yeah, maybe Piru should just ignore Commodore USA and Barry.  Everybody else is.

Ignore copyright violators? Should we ignore people who sell pirate software on eBay or elsewhere?

[Karlos]

@Karlos

Yeah, maybe Piru should just ignore Commodore USA and Barry.  Everybody else is.

Actually, I was implying that you could simply ignore Piru if his objection to CUSA's unsolicited use of other people's copyrighted work bothers you.

1. It is used commercially for marketing purposes, without any permission from the author.
2. It's used as a design for a computer model, without any permission from the author.
3. The artwork has been modified, without any permission form the author.
4. At one point the author's name was removed from the artwork.

^ this.

If the finished product resembles the design then you are getting even deeper into the violation. However, when you consider that the finished product will probably look nothing like it, there's also false advertising to consider too :lol:

[Argo]

The amount of logic fail here is astounding....

[kedawa]

Maybe the artist is just waiting for Barry to make some money from this debacle, so he could actually gain something from litigation.  That would make me smile.

[Belial6]

I'm not a big MS fan either, but I do like getting the facts strait....

Stacker - Microsoft

And I'm not sure sure about the demand. I spend my days as a tech warning people not to use it and then charging them to recover their data when they did. It had a short life. At the time I thought MS stealing their stuff and the subsequent suing was the best revenue generator Stac could have hoped for.

Plaz

Before you take that as the final word, I would suggest getting your hands on a copy of DOS 6.0.  Then do a dump.  I don't remember the exact file name, but Stacker's copyright notice is in the file.  MS did far more than violate a patent.

[Amiga_Nut]

Commodore USA has now used two different versions of the picture. One without his name and the AMIGA logo, and one with "AMIGA" logo and his name restored.

They put Marko's name back now, but they still don't seem to understand that you need a permission to use someone else's work.

He actually has to also understand that you can't slap pictures of random Amiga/Commodore related pipe dreams/rehousing projects on your website when you are not actively building a machine, or even a bespoke empty case, looking remotely like that one pictured. I believe here in the EU we call this fraud

[mongo]

He actually has to also understand that you can't slap pictures of random Amiga/Commodore related pipe dreams/rehousing projects on your website when you are not actively building a machine, or even a bespoke empty case, looking remotely like that one pictured. I believe here in the EU we call this fraud

Well, according to their press releases, "Commodore USA, LLC designs, produces and markets a series of all-in-one Commodore branded keyboard computers, and other unique form factor computers and consumer electronics."

[ferrellsl]

Ignore copyright violators? Should we ignore people who sell pirate software on eBay or elsewhere?

What does the unauthorized use of a clip art image have to do with pirated Amiga software on eBay?
Pirated software on eBay <> unauthorized use of an abandoned piece of clip art.  As for Amiga software of the 68K variety being pirated, you've got to be kidding??  Most of the publishers of 68K Amiga software went out of business long ago and the only way anyone living in this century can get many of the titles if they want to investigate classic Amigas is to make copies of someone's existing library or buy originals from someone willing to sell.  I won't sell my originals and since they can't be bought anymore, I allow people who want to get into the hobby of classic Amigas to copy some of my titles.  Is that piracy?  I don't think so.

I have original boxed versions of Aegis Draw and Sonix.  I've made copies of it and given it to friends because it's no longer available....Aegis went under years ago.   My friends couldn't find copies on eBay or elsewhere.  Is this piracy?  I really don't think so.  And even if my friends were lucky enough to find a boxed set on eBay or elsewhere, the diskettes are so old that they're defective 99% of the time.  You can't infringe on a copyright if the copyright holder no longer exists.

And if you guys are so freakin' worried about Marko's clip art, then why aren't you attempting to locate him to let him know that his work was used without his permission?  Maybe Marko doesn't really give a rat's @ss if his art is being used or not.  Maybe that's why he hasn't responded to Barry's or anyone else's attempts to contact him.

By opening 2 separate threads about this issue and b;tching about it, you've given Commodore USA a 100 fold increase in publicity, which is the exactly opposite of what Piru intended.  And like they say in Hollywood, even bad press is good press.  It would have been better to just ignore Marko's picture and not give Commodore USA all the free publicity.

I'm not saying that Commodore USA was right to use that image.  I'm just saying that you should let Marko take care of Marko's business and get lives of your own.  But I'm sure you'll disagree and keep giving Commodore USA more free publicity. Way to go.....

[Piru]

What does the unauthorized use of a clip art image have to do with pirated Amiga software on eBay?

Both are trying to make money with copyright infringement. Commodore USA isn't just using the image, by their own admission they're also using the design. This isn't just some random web page stealing clip art.

I won't sell my originals and since they can't be bought anymore, I allow people who want to get into the hobby of classic Amigas to copy some of my titles. Is that piracy?

Yes it is. However, since you're not basing a business on this, I don't care.

You can't infringe on a copyright if the copyright holder no longer exists.

You're wrong here.
List of countries' copyright length

If some company goes under and no-one picks up the rights then they return to the original authors.

Assuming Marko lives to be 70 years old the copyright will expire around 2110 (or 2090 if the 11.11.1992 copyright law applies)

Maybe Marko doesn't really give a rat's @ss if his art is being used or not. Maybe that's why he hasn't responded to Barry's or anyone else's attempts to contact him.

You keep repeating this and you don't seem to understand that this is irrelevant. Until he gives the permission the copyright law applies.

[Kronos]

W

I have original boxed versions of Aegis Draw and Sonix.  I've made copies of it and given it to friends because it's no longer available....

And did you modify the disks in a way that make it seem like they were your own creations ?

Thats were all claims about "just trying to find the orginal author" or "fair use" went down the drain.

[yoodoo]

I allow people who want to get into the hobby of classic Amigas to copy some of my titles.  Is that piracy?  

Yes.

Unauthorized copying of software = software piracy.

Whether you think it is moral, amoral or immoral, is irrelevant.

[gertsy]

Yes.

Unauthorized copying of software = software piracy.

Whether you think it is moral, amoral or immoral, is irrelevant.

Yes, It's software piracy.  You can tell by the bright colours apparently.
But I tend to agree; If other Amiga users get use out of a product that is no longer purchasable or supported then why not pirate it?  (Illegal but usefull)

Piru’s pointing out of art theft is to be honoured and praised.  Well done.

[ferrellsl]

"You're wrong here.
List of countries' copyright length

If some company goes under and no-one picks up the rights then they return to the original authors.

Assuming Marko lives to be 70 years old the copyright will expire around 2110 (or 2090 if the 11.11.1992 copyright law applies)


You keep repeating this and you don't seem to understand that this is irrelevant. Until he gives the permission the copyright law applies.

All you've done is give a list of countries and when their respective copyrights expire. That doesn't prove that anyone has been infringed upon.  Those determinations are made by courts, not by accusations posted on obscure boards frequented by arm-chair lawyers living on the fringe.  And what if Marko is dead and he didn't leave his estate to anyone?  As I said earlier, if the copyright holder no longer exists (aka dead), you cannot infringe upon him.

What if the original authors are dead or simply don't care?  Then Piru is supposed to take up their banner and become "Super Copyright Man", rushing in to enforce the law because the law is the law?  Either enforce the law by taking Commodore USA to court or be stop whining about it.  We have a saying here, "Either sh;t or get off the pot".  It applies here.

As I said earlier, if you feel so strongly about Marko's art, then be proactive instead of whining about it.  Obtain legal power of attorney from Marko or his estate and sue Commodore USA in a US court.  Whining never fixes anything.  Or do you expect from all the posts and whining that someone in the US will feel so strongly that they'll take it upon themselves to spend their time and money to pursue Commodore USA in court?  Keep dreaming.......

[Golem!dk]

@ferrellsl

Uhm... and what is it you are doing with your posts here?