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Monday, May 14, 2012

The Story of a Sofa.



Well ...  a few months ago  Tori asked me to help her with mesh ,  as she wanted to make a sofa and asked me to help ,  she was terrified ,  so she went online grabbed a pic of  sofa and asked me how she could do it, In simple terms this was the pic she showed me 

So I opened up Blender during my dinner ,  opened up Skype and started to throw together a mesh sofa.  It really wasn't that difficult to make as any body who makes mesh can verify.  Anyway .... I finished the sofa  and tried to give it to Tori  who said to me that she wasn't sure she was going to do mesh , but i should just give it out as a promo item,  I wasn't overly sure as furniture isn't really my thing,  but needless to say she animated it for me,  and I put it out as a good will gesture free item. And there it sat for a while,  on xstreet.  I really dont mind helping folks and I'm not into the aggressive nature that some other builders and store owners are like. 


Anyway ....  this is the way it was for about a month or so , then over this last weekend I woke up on Sunday to a barrage of messages from various different people in world that Pamela Galli from La Galleria  had accused me of blatant ...  and i mean blatant theft  through copybotting and had at least 2 threads running on the subject,  I did read the threads before they were deleted however they were locked for comment,  and almost everybody told Pamela that she was mistaken ..  yet she would not budge on this issue saying " i know my work" shes proceeded to post libellous comments on every forum ,  blog,  twitter account etc that she can find ,  yet other than her spoutings has give ZERO  proof that her item was copied by me,  but shes is neglecting various things in her posts,  rather key points to be fair ...  what she does say in her blog is this 

"Notice anything?  Now I am not saying they are identical because the mesh is not identical.  But under copyright law, that really doesn't matter.  If someone downloads my mesh, takes it into some 3D program, and changes it a bit -- or even changes it a lot -- it is still IP infringement."
cited from http://lagalleriasl.blogspot.co.uk/2012/05/sad-tale.html


Now this was posted last night  after it had been proven through various means that she was incorrect. but just to cover all bases ...  heres the screen shots for you guys

So here's the item in Blender,  its a single mesh item with all the extrusions etc.  As they were made


So what Pamela ha said in her blog .....  is that i took her sofa -  and brought it into blender,  I changed it from being 9  seperate parts and made it into 1 single part,  and that i moved all the vertices about, removed rows ...  added rows,  changed the design slightly such as sloped the arms more,  put the seat cushions in different places  ..  essentially ..  remade the sofa,  now her accusation seams silly ...  as what she has said ......  is " you made a sofa" so Pamela  ..  you are absolutely correct i DID make this sofa ,  strangely ...  i made it without using yours in any context. In fact it would have been 5 times more work to steal your sofa than the 1 -2 hours it took to make this from scratch.


I Made the leather texture that i used to texture the item ....  hey ..  no texture packs here  or textures stolen from the interweb. I have UV maps,  Diffuse Maps,  Normal Maps, Blend Files I have EVERYTHING to show that I made this sofa.  
Now Pamela has had to change tact from claiming that i literally stole her sofa to the point that its IP infringement,  the only problem with that of course ...  is that ive taken a common object from the internet , made an interpretation of it and released it free of charge on Xstreet. Im sure many of you know Pamela's store " la galleria"  I didnt before this issue ,  only seeing her name on the forums , and I can say ..  Pamela makes very nice " interpretations" of RL objects ...  and uses textures on some items that are very good " interpretations" of the RL  website pictures that house similar items,  and she has " interpreted" a lot of rugs etc.  Ive tried to be nice ,  ive tried to be the better man,  ive not attacked her and i did ask her to stop being liablous  only for her to seek even more suppot from her blog and twitter as her cries fell on deaf ears on the forums  as everyone told her she was nuts ,  but if she felt that strongly she should complain and lodge a DMCA. thing is ......  she cant, because her FOUR  SIMS are FILLED with DMCA dubious content,  and the various people that have grabbed both sofas and did wire frame comparisons have told her that there's a similarity  but no cigar. I have asked her to stop the defamation ,  but she just moves it around  time and time again. I wont turn this post into a " im unemployed,  my sons disabled and i need to SL  to feed my kids"  posts ,  as  although that in fact is somewhat true ,  Snatched is something I enjoy doing,  I love making things and I love helping people but i share a sim with 2 others ...  its a homestead  making specialised fantasy items... big difference in market there and big difference in content. 
I dont want to fight with Pamela ,  shes a competant builder ,  and makes great stuff ,  really if you want Rl items ....  shes fantastic,  but .....  to accuse another builder who has done nothing wrong,  and given evidence to show hes done nothing wrong ,  is asinine, its desperate and its just sad.


Yes ....  its just sad,  that she compairs her 9 prim sofa made out of parts to my 3 prim single mesh free sofa.  That even when shes been so black and white proved shes wrong ....  she tries to move it over to IP infringement ....  yes folks ....  you all owe Pamela Galli licence money for that sofa in your real life lounge.  This is clutching at straws at some many levels because she is so arrogant  she just cant admit that allthough there is similarity she is wrong,  There is as much similarity in ANY item in her store ...  to the Rl item.


So what do I ask of you  ... 


Actually  I dont ask anything,  dont boycott her store ,  as she makes nice stuff,  dont berate her or attack her in forums ...  just ask her to PROVE her accusations,  just ask her to file a DMCA or alert the lindens just ask her to be honest with herself ... is she doing this to give creative assasination to another builder ?  hey I dont know ....  but what i do know ..  is that i am GLAD that I made this sofa,  and I am glad that I gave it out FOR FREE  to other people. I dont hold any malice towards Pamela ,  but i will get her for liable if she carries on slagging me off on the internet and it will much the abuse report she has already lodged agaisnt her for harrasment.


But serious guys ...  its your choice....  buy her sofa ,  or get mine  I really dont mind as people who are innocent give things away  as a thief is after personal gain ,  ive gained nothing from this ..  in fact it was created to show somebody how to build in mesh ,  and given away  as it was not something i normally do. All I've got ...  is to be harassed,  defamed and generally my business reputation ripped to bits.


Bray


So the update is now shes claiming substantial  similarity,  which is actually kinda shows her total ignorance of copy write,  as anything that is of a utilitarian nature such as a sofa,  cant be copy writed ,  and her  items kind of hit to this 


or maybe a 3 seater
also her blog showing my sofa ,  where she has latered hers to match .....  i dont remember i gave her licence to use an image of.


but  anyway ..  heres a you tube video  on how to model the sofa,  it took me 40 minutes so is sped up a bit to fit.


if you cant be arsed to look at it  here ....  its on the snatched you tube channel  here  http://youtu.be/F49aUSWcScM


but please ..  Pamela ..  if you are watching ...  just please stop it ,  its just hurting Sl creativity,  ive told folks how great your stuff is  ..  and your legal quotes are rubbish,  so  just let it go.
ohhh  and unlike you I don't sensor posts on my blog ,  and only have anonymous support

20 comments:

  1. I think you have been measured and calm in your responses and now comprehensive in your confutation. I hope Pamela can see now that she was a little over-zealous in her initial assumptions and can amend this sorry mess.

    P.S. Nice instructional video too, I learned something. :-)

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    1. if i can give any help Sy .... just im me in world ... help is always free. And i love that castle on your blog .... I know you didnt do it , but it is still impressive isnt it

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    2. I know a few creators who have made an InWorldz account to go see it now, and up close it is really something to behold.

      Re. the offer of help, I might well take you up on that because I had a few questions in my head after watching the video about how you did some bits of it. Also after seeing two of your other You Tube videos of the figurine models you've made I'd say that you are a tad more than a competent modeller, you're too modest.

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    3. well just give me a shout ..... if i can help i would be more than happy to.

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  2. Braydon, I am willing to give you the benefit of the doubt that you were unaware that you were copying my work; a picture of it was shown several times in the mesh forum where you and I both post so I can understand if this near duplicate was subconsciously reproduced rather than intentionally, as I asssumed. As you know I did contact you first, but when I heard nothing I concluded I was being stonewalled. After having three copied furnished houses appear on the MP the week before, seeing a dead ringer for my sofa being handed out free was very upsetting. I will not file a DMCA. It's up to you to decide what to do with the sofa. I apologize if in fact the resemblance was unintentional.

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    1. ok ok .. lets look at this with realistic eyes.
      Ive read your other comments around the place this morning. and I can conclude this
      1. I made a sofa that has a resemblence to at least 3 examples I have given
      2. You contacted me while i was snuggly tucked up in bed.
      3. Within 30 minutes of the contact you went hell bent on destroying my reputation
      4. I gave all evidence that the item wasnt copybotted, and was prepared to give anybody my files etc.
      5. After it was made public many people had also informed you that the wireframes etc were different you then went to your blog and slated me further
      6. I even showed in a you tube video how to make a sofa ...
      7. I asked you to stop with the libellous comments , to which you then changed tact, from calling me a copybotter to being an IP infringer, that " you know your work" when in fact it wasnt your work , so you dont " know your work" but needless to say you stated that the idea came from your own imagination, yet I have shown that inspiration .. yes INSPIRATION can be blatent as your sofa looks IDENTICAL to RL pictures I have posted , yet I am not given the same leeway in the creative process.
      6. You changed your tact once again to call it " substantial Similarity" which is a rather incorrect system as legally .. well Im in the UK so US law isnt applicable , but i did bother to look it up .. and you will actually find that utilitarian objects cant be copywrited as all have function as part of the design .. such as a chair should have 4 legs a seat and a back , so you cant copywrite it, same as clothes ... you cant copywrite a pair of pants.

      In other forums you have still inferred a certain leval of skullduggery which portrays me as some kind of SecondLife Jack Sparrow swaggering through sims with a cutlass in one hand and sailing the good ship copy bot, The term copy infers a DIRECT "COPY" of an item , which cant be misconstrued, there are terms that can be used .. such as inspired ... because I can not exclude that at some point either pre or post the creation of my sofa there was inspiration what i CAN say for definite, is that your sofa wasnt what started MY sofa, as I have given evidence towards, but I will concede the resemblance to not only your sofa ..... but all the others that I have given in evidence above.

      If your apology is sincere , then I am more than happy to receive it graciously, however what you did was wrong , it had no basis, you neither gave the time to reply , you did not accept any opinions to the contrary and censored your blog again to avoid any negative comments from others only allowing an anonymous statement in your support. I did not sink to the level of finger pointing and monkey style poo slinging, I have publicly stated the quality of your products are not under any dispute ad certain I sincerely feel empathy for your items being stolen from you in both the past and recent histories, as for DMCA ... we both know thats a non starter, ya know .. the worst thing is .. we could have been friends, and may even still end up becomming such , but i hope this has shown you how not to deal with people or with a suspected crime. You don't deserve to be vilified, but neither do I.
      So again ....... if there is indeed an apology without caveat then I accept and want to move on. If theres a " your still guilty but i will let it go" kinda of statement ..... then this will never end.

      Thanks for your time

      Bray

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    2. Pam, he doesn't have to do a thing with the sofa at your urging, it is his own original created content, now proven. You cannot claim copyright on a utilitarian object otherwise the inventors of shirts, hats, doors, tables etc and their descendants would be stinking rich. Stick a logo on it or make it with a unique device and you got yourself a trademark and a copyright and a day in court if somebody copies it.

      You sell furniture that is explicitly titled "Jacobean" are you saying that if somebody else calls their furniture "Jacobean" or makes the same style then they are copying you? I'm going to guess not. Now refer to the sofa as "21st century leather sofa" and you see the problem in what you are trying to argue?

      Oddly enough, if you want a real life example. The latter picture of a brown sofa above is the same one I own, from DFS I believe. When we were buying it one shop had the same sofa, slightly darker brown, but it had rivets on the front of the arms whereas the other one we bought had stitching, but to all intents and purposes the exact same styled sofa from two wholly different manufacturers.

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    3. DFS .... that soooo makes you a Brit Sy

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    4. Hey, it was £1500 off the book price in a sale, but no animations in it. I'll check to see if it's only Mod/Trans later. ;-)

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    5. DFS ..... a sale ... NOOOOOOOOOO , they are always having a sale. allthough ..... it should have been safestyle . you buy one .. get one free .. i said, ya buy one .. you get one free NOW!!!

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  3. one would think an apology in every forum that she slated You Bray ...including her own website would be in order ... i wouldnt hold my breath tho .. seems her reputation isnt important to her .... Shame on You pam .. apologise in an open forum for everybody to see

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  5. Good lord, does she even listen to herself? benefit of the doubt??? HE POSTED THE VIDEO OF HIM MAKING IT!!!. How dense are you?? At the end of the day, you made unfounded accusations about him on pretty much every media outlet you could find, LL removed your post from the SL forum after he posted his proof because it was defaming him, he has posted copies of the couhes from the web, of which yours is similar so...copy you how? did you infact copy the couch and then cry when someone else found the pic to create from on the web? And yet STILL, S T I L L L L L L you bleat on that he copied you!!. You have pretty much lost the respect of anyone in the creation circle within SL with your silly actions, let that be a lesson to you. As for you won't file a DMCA??? LMAO!!!! for what??!! you being a dumbass? do it!! please do, i can never be enteratined enough by brainless actions. You are deranged, pure and simple and you really do give creators a bad name

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    1. eeeps...couhes..is of course..couches...coughs

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  6. Seriously? you are actually expecting him to respond to such gibberish when he created the mesh himself? you either own up to your silly mistake Pam and grow up or maybe you need to expect a LOT more of what has already been said about this utter childish whining when it is a cause that is incorrect and unfounded in the first place... Bottom line is simple... you messed up Pam and you are either a child that cant own up to her mistakes or a grown up that can... the outcome of this issue is in your hands as the start of it also was.

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  7. and just because its been posted before , Tori who asked me to help her make a mesh sofa .. she made this in 2008 which my mesh sofa is also quite similar to https://marketplace.secondlife.com/p/sonToria-Tobacco-Collection/724871

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  8. so the latest thing if note ...

    I am no longer a copybotter, or an IP Infringer,

    I have mental problems , at least according to Pamelas blog .. I have ... i quote from her site
    ETA: There is someting in Intellectual Property Law called Subconsious Copying; there is also the psychological phenomenon called Cryptomnesia

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  9. I am new to this forum, but I agree with Braydon. When I compared the 2 sofas, I saw similarities, however I could immediately see it was different.

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  10. BTW I would love to pay for a copy/mod version and it would be awesome if you had some other colors of the leather. I like to change out my decor for the seasons.

    Katrinaceleste Bravin in SL

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