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General Thread v2: Enhanced Segregation Techniques!
- Thread starter The Proctor
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I mean, Filian should have done that a long time ago or got a totally custom model. Even if she is legally okay, she is retarded for not doing those first two things to begin with.I remember watching a podcast with the ones that made the no no square meme, and they were talking about how they made the meme and by that week it had a shit ton of views and engagement, and what did they do? they immediately reached out to the person that made the VRchat model and bought the copyright to the character to secure a brand because of the popularity it got them.
so all I can think of isfrom fillian.
IDK about Japan, but it is illegal to not notify users of TOS changes in America, so they can't just say "you gotta check it yourself". Could be legal in Japan, I guess. Either way, if there was no TOS for rhe product back then, then I would think it wouldn't matter because Filian didn't agree to any terms when she bought it, so these new terms wouldn't be valid to her.
Obviously, I don't know shit about copyright law, though, so I could be totally wrong. The TOS could have been provided in another place on Booth's site, as well, as a general TOS for all digital products and have had caveats for them not actually giving ownership and just licensing (like digital games).
Yo, the Gundam Seed series might be ass, but it has two things going for it: The designs of the main Gundams are great and the music is, as the kids say, bussin'.
I can only speak from the POV of red-blooded American business, but ToS are absolutely not retroactive in cases like this. If Filian has since purchased/updated some version of the model from that site/artist then they would apply. Anybody here remember the Unity engine debacle? As long as devs stayed on the versions that had the old ToS where there wasn't a mention of anything resembling that fee then they would be wholly exempt from that stupid ass runtime fee. Without having all the info and simply speaking about it from this limited amount we have here already I'd say Filian is dumb but she'd be totally in the clear just from this info we have right now.Actually, I got curious. I don't think the model had a Terms of Use posted back in 2021.
オリジナル3Dモデル「竜胆」ver1.00 - JINGO CHANNEL - BOOTH
2021/11/20 ~ 2021/11/23 発売記念セール！ 7000円→5000円 2021/11/20 ~ 2021/11/23 출시기념 세일! 7000円→5000円 ----------------------------------------------------------------------------------- オリジナル3Dモデル「竜胆」 製作者: 진권/ジンゴ このモデルはBlender 2.80.75で製作されました。 他のプログラムでの互換性は保障いたしません。web.archive.org
Filian started streaming on Twitch in April 2021. The booth page now says this:
"本モデルを購入する際、この約款に同意したものとみなします。利用規約の内容は変更される場合があり、最新バージョンを優先します。
2023年2月15日より既存利用約款の内容を整理し、VN3ライセンステンプレートを使用することに変更しました。本規約は、あしやまひろこ(@hiorko_TB)氏が作成したVN3ライセンス( https://www.vn3.org/ )のテンプレートを使用しています。"
Translation through DeepL:
"By purchasing this model, you agree to these terms and conditions. The contents of the Terms and Conditions are subject to change, and the latest version shall prevail.
Effective February 15, 2023, the existing Terms and Conditions have been reorganized and changed to use the VN3 license template. This Terms of Use uses the VN3 license ( https://www.vn3.org/ ) template created by Hiroko Ashiyama (@hiorko_TB)."
AFAIK, terms of use are not retroactive, and it is a one-time purchase. The artist may actually not have grounds here lol
Anyway I just came here to post a sussy clip, didn't think we'd get an artist bitchfit over a nendo for a model that they used to essentially give the commercial rights away for free (retarded lmao)
Well, GoodSmile may be the ones that fucked up unless Filian or Mythic didn't inform them lol. At the very least, GamerSupps got it right.
gamersupps.gg
Waifu Cups x Filian
In Collaboration with Filian. All Waifu Cups are one-time collectible limited quantity drops After the cup is sold out, it will NEVER be released again. 1x 24oz Filian Shaker cup (Creator: @filianIsLost | Artist: @FoxyReine) 4x Gamer Supps Sample Packs. Friendly Reminder to hand wash all cups as...
gamersupps.gg
Does someone know why Chio took down her Butterfly cover?
I'm not the smartest guy in the room. But I certainly look it if I post after MerelyTourist does, and I appreciate that.
Booth purchases are for personal use unless otherwise stated by the creator. If anything this would be worse for Filian as unless she has obtained commercial use rights from the creator, they could try and claim a cut from any earnings that were using the model. It's a massive reach but i there is always a lawyer depraved enough to try it.
My predictions:
- Nendo gets delayed to work out the legalese in the background. will probably still go ahead.
- Filian pays off the guy to avoid a suit over previous merch releases (gamersupps, youtooz, Apparel)
- She finally gets off her ass and commisions a "visually similar but legally distinct" model.
That's one of her sticks, being a
While it's unenforceable and technically not illegal
It's highly IMMORAL/slimy to make & sell shit based off other people's creation without them knowing.
Sure filian could go "haha you didn't said it before in your TOS sucks to be you" and the author could do nothing about it.
That'd be the literally dumbest move one could made and will seriously damage her image.
Also this guy seems to be korean, goes by Jim Won, "if there is any inconsistency between JP and KR TOS wording, KR takes precedent". He's unlikely be able to actually sue GS because he's not even in JP, but it will make him even a bigger, helpless victim in the eye of the public should this get bigger. Basically a tale of evil million dollars corporation and rich influencer robbing a small time artist.
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I was curious if maybe they just always credited the original artists behind vtuber models for those collabs and looked at half a dozen other vtuber cups and none of them credited the original Model artist, just Filian's.Well, GoodSmile may be the ones that fucked up unless Filian or Mythic didn't inform them lol. At the very least, GamerSupps got it right.
View attachment 73094Waifu Cups x Filian
In Collaboration with Filian. All Waifu Cups are one-time collectible limited quantity drops After the cup is sold out, it will NEVER be released again. 1x 24oz Filian Shaker cup (Creator: @filianIsLost | Artist: @FoxyReine) 4x Gamer Supps Sample Packs. Friendly Reminder to hand wash all cups as...
Wemi did her southern character for 45 minutes today, have a clip
Pippa collabed with KyOresu and I thought this was funny
Pippa collabed with KyOresu and I thought this was funny
Some interesting development. People scoured booth and found another model Filian recolored for her uses by an artist named Amato Usagi.
How many of you wanna bet this girl also has no idea filian is using her model.
You know the saying "Once is a coincidence. Twice is a pattern."
and the term of service Usagi put up looks the exact same as "Jingo", down to the images, seems like it's a template everyone on booth uses.
She actually credited the one drafting the TOS to be a Ashiyama Hiroko, because unlike filian, artist prefer to credit other's works.
Quick look at her twitter, Hiroko seems to be a cosplayer/A PHD graduate who seems deeply involved with the internet culture.
Edit: Ofc she did drop merch based off of this model
Also is it possible to block merelytourist from speaking. It would have saved alot of my brain cells.
How many of you wanna bet this girl also has no idea filian is using her model.
You know the saying "Once is a coincidence. Twice is a pattern."
and the term of service Usagi put up looks the exact same as "Jingo", down to the images, seems like it's a template everyone on booth uses.
She actually credited the one drafting the TOS to be a Ashiyama Hiroko, because unlike filian, artist prefer to credit other's works.
Quick look at her twitter, Hiroko seems to be a cosplayer/A PHD graduate who seems deeply involved with the internet culture.
Edit: Ofc she did drop merch based off of this model
I wouldn't be surprised if her chibi model are also recoloured product, given the completely difference hair pin and hair style.
Also is it possible to block merelytourist from speaking. It would have saved alot of my brain cells.
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If author original terms said "IDGAF" he won't have moral high ground. Doubtful, more like it did not say anything about merch and credits back then, even more likely Filian did not bother to actually translate and read. wayback machine have a lot of snapshots, but sadly no contents of the page
It's might be medium PR disaster, but only because vtubing is a niche that loves to jerk artist dicks so much.
Oh no, in a few hours they will find a third one!!Some interesting development. People scoured booth and found another model Filian recolored for her uses.
How many of you wanna bet this guy also has no idea filian is using his model.
You know one time it's a coincidence. Twice is a pattern.
AFAIK, colours are sliders on most of these models. Rindo definitely have colour sliders.
Dokibird confirmed as a guest for AniManGaki convention in Malaysia.
On a related note, another anime convention in Malaysia called Nijigen Expo does not have any scheduled VTuber guests for their upcoming event next weekend. They used to have frequent NijiEN apperances for their last 3-4 events IIRC and it's surprising that even they dropped Niji.
On a related note, another anime convention in Malaysia called Nijigen Expo does not have any scheduled VTuber guests for their upcoming event next weekend. They used to have frequent NijiEN apperances for their last 3-4 events IIRC and it's surprising that even they dropped Niji.
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Regardless of legality neither sides are going to push for litigation as it'd be expensive, annoying and generally cause problems for everyone involved. I imagine right about now Filian(who I hope has a fucking lawyer communicating for her to goodsmile), goodsmile and the artist will be working things out and this will be handled in a few weeks. Leaving it as a weird dumb thing that people will bitch about for years because she made a joke they dislike or has an ai art tag etc.
We dont want to die virgins like Proctor
Thanks for the encouragements dude.
LM has been too busy sucking dry Dr Disrespect drama. A grifter immediately abandons something in pursuit of juicier drama, who would've thought
As for Filian, it's just an american mindset of "I bought it, therefore its mine, therefore I can do whatever I want with it". Never reading rules, ToS or agreements is also par for the course
Good Smile: Firian-san, do you havu ownership of this moderu?
Filian: Yeah I bought it so it's all mine now.
Good Smile: Very werru, we sharr maku figures out of thisu.
Artist: ayo wtf
Filian: Yeah I bought it so it's all mine now.
Good Smile: Very werru, we sharr maku figures out of thisu.
Artist: ayo wtf
VSpo's Sendo Yuuhi got a collab with Amamiya Kokoro.
Earlier in the week Yuuhi called in Amamiya's totsumachi and when Amamya suggested a LoL collab Yuuhi immediately asked "Tomorrow?"
Akirose's Mahjong tournament in Riichi City at 8PM JST.
She's in group A against Shibuya Hal, Syusetsu Kohaku, and Virtual Gorilla.
774inc's Tsukinoki Tirol continuing Pokemon Scarlet at 8.30PM JST.
She's been studying English every morning for the past few days (with handcam and ASMR mic).
Watame and Ui-mama's collab started with something you'd expect from Watame.
Ichinose Uruha and her dirty room story during yesterday's CR Cup Valorant tournament which her team won.
"I threw my mouse charger's cable and the end of it ended up in the broth of some ramen I ate three days ago"
"I feel like we have different ideas of what dirty is"
Earlier in the week Yuuhi called in Amamiya's totsumachi and when Amamya suggested a LoL collab Yuuhi immediately asked "Tomorrow?"
Akirose's Mahjong tournament in Riichi City at 8PM JST.
She's in group A against Shibuya Hal, Syusetsu Kohaku, and Virtual Gorilla.
774inc's Tsukinoki Tirol continuing Pokemon Scarlet at 8.30PM JST.
She's been studying English every morning for the past few days (with handcam and ASMR mic).
Watame and Ui-mama's collab started with something you'd expect from Watame.
Ichinose Uruha and her dirty room story during yesterday's CR Cup Valorant tournament which her team won.
"I threw my mouse charger's cable and the end of it ended up in the broth of some ramen I ate three days ago"
"I feel like we have different ideas of what dirty is"
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