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 is from 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.They attempt to be retroactive and shift some responsibility, but this shit will hot hold water, especially if added after purchase.
Just got recommended to this random 2view, Sena Aru, she was celebrating her 1 Year Anniversary by doing a Gundam Seed Karaoke and just finished it and is now reacting to her Debut.
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
I'm not the smartest guy in the room. But I certainly look it if I post after MerelyTourist does, and I appreciate that.Yet another QUALITY take from the cuck!
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.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.
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).
That's one of her sticks, being aWhy is she upside down that's a cat not a bat
While it's unenforceable and technically not illegalThey attempt to be retroactive and shift some responsibility, but this shit will hot hold water, especially if added after purchase.
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...gamersupps.gg
I wouldn't be surprised if her chibi model are also recoloured product, given the completely difference hair pin and hair style.Oh no, in a few hours they will find a third one!!
AFAIK, colours are sliders on most of these models. Rindo definitely have colour sliders.
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 pageWhile 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 damaged her image.
The proper recourse is publicly apologize to the original author, send him some chump changes. I doubt the author would be big enough of a dick to call off the entire nendroid production, even more so if he is given a cut.
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.
We dont want to die virgins like ProctorPeople will defend humans with vaginas for literally anything and everything (as we saw excellent examples of in this very forum)
Thanks for the encouragements dude.lonely men will pull off for a woman they have a -10^49% chance of ever fucking.
LM has been too busy sucking dry Dr Disrespect drama. A grifter immediately abandons something in pursuit of juicier drama, who would've thoughtAlso, is he asleep? His lukewarm take on legal matters in jurisdictions he has no insight in is overdue.
Did they really not secure permission for this?
It is possible Filian completely failed to inform GoodSmile that her model isn't totally owned by her or something like that.
This should not have been approved if Goodsmile did their due diligence lmao
I assumed since goodsmile were involved they would have at least checked the copyright prior to announcing anything.