General Thread v2: Enhanced Segregation Techniques!

[RiverBear]

It is possible Filian completely failed to inform GoodSmile that her model isn't totally owned by her or something like that. The more interesting thought is if she got permission for her other merch or not.



The rights-owner may have only noticed now that something as significant as a Nendo was announced.

Yeah, I came here for this.
as a VR Chat model, it was kind of obvious Fillian didn't own her model, which is why it's was surprising to see how she got a Nendo
The other merch could be passed off as small time, but this one is Nendos which is a big deal. This should not have been approved if Goodsmile did their due diligence lmao

 

[The Rrat]

Like me!

So I'm not so sure they did fuck up here. Filian's alterations to the model may result in it being considered derivative enough to not be under the other guy's copyright. However, I'm thinking about US copyright law and how weirdly flexible that can be at times. No idea about Japanese copyright law.

Well, Booth and GoodSmile are Japanese companies and Japanese copyright law is supposed to be pretty strict.




I wonder if a recolor plus some thigh highs and short sleeves (which are probably separately sold assets and not customly made for Filian, either) would really even make it through US court unscathed lol.

 

[ScarletCorrupt]

Jelly is live! Very nice unique intro bgm tonight

 

[Stunned But Dumb]

'm actually kind of amazed she didn't commission a legally-distinct original model to use once she started getting big like Vedal did with Neuro-sama to avoid these kinds of complications.

The thing is she's talked about getting a model work a couple times over the years, but it kept getting pushed off for some reason.

 

[MerelyTourist]

LMAO
If we wanna get a bit anal about it, original model is not original at all, becuase its basically a few VERY generic elements slapped together. Cross hairband is like the only thing you can argue being original.
So if original model author want to be anal about it, he will have VERY hard time proving his copyright over derivative art, which all merch is. Under JP law too.

 

[httn]

Yes.

It is possible Filian completely failed to inform GoodSmile that her model isn't totally owned by her or something like that. The more interesting thought is if she got permission for her other merch or not.



The rights-owner may have only noticed now that something as significant as a Nendo was announced.

Wow. I assumed since goodsmile were involved they would have at least checked the copyright prior to announcing anything. She really is more retarded than I could ever imagine.

Twitch streamers really are some of the dumbest people alive.

 

[Kazuma]

Here's another archive of Ame's unarchived 4th of July karaoke

【KARAOKE】4th of July SKY EXPLOSIONS🦅 (unarchived singing stream~)-hbo_oslztH8.mp4

2.3 GiB

gofile.io

 

[JMForte]

Wow. I assumed since goodsmile were involved they would have at least checked the copyright prior to announcing anything. She really is more retarded than I could ever imagine.

Filian is also part of the talent agency Mythic and I would assume they put these deals together and assuming that, this really has retardation at multiple levels.

 

[Stunned But Dumb]

Oh I forgot to repost, Mercy had to end stream but she's been back up for over an hour

 

[RiverBear]

LMAO
If we wanna get a bit anal about it, original model is not original at all, becuase its basically a few VERY generic elements slapped together. Cross hairband is like the only thing you can argue being original.
So if original model author want to be anal about it, he will have VERY hard time proving his copyright over derivative art, which all merch is. Under JP law too.

オリジナル3Dモデル「竜胆」ver1.08 - STUDIO JINGO - BOOTH

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。

t.co

Bet all Fillian does is "Credit to Rindo" and rake in all the money

 

[Nenélove]

LMAO
If we wanna get a bit anal about it, original model is not original at all, becuase its basically a few VERY generic elements slapped together. Cross hairband is like the only thing you can argue being original.
So if original model author want to be anal about it, he will have VERY hard time proving his copyright over derivative art, which all merch is. Under JP law too.

Yet another QUALITY take from the cuck!

 

[Hff201]

LMAO
If we wanna get a bit anal about it, original model is not original at all, becuase its basically a few VERY generic elements slapped together. Cross hairband is like the only thing you can argue being original.
So if original model author want to be anal about it, he will have VERY hard time proving his copyright over derivative art, which all merch is. Under JP law too.

It's generic but it's still a character that you'd be able to recognise later, created by the artist. It's intellectual property.

With that said I think it would be retarded to actually cause a legal shitfit over it, since they obviously have international customers who would probably be swayed against buying assets from a litigious artist. Now there're ripples in the water giving them some leverage, the smartest thing they could do would probably be to discreetly reach out to Filian/Goodsmile to negotiate a private settlement, then simmer down about it.

That's assuming they're actually legally entitled to cash here, I can't be arsed to dig through moonrune asset use agreements at this hour to figure out what they're offering in the up-front purchase. For all I know the artist could've sold it with lenient usage terms that they're now regretting since there's more money on the table than the random 2view VRChat shit they were expecting.

View attachment 73092

オリジナル3Dモデル「竜胆」ver1.08 - STUDIO JINGO - BOOTH

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。

t.co

Bet all Fillian does is "Credit to Rindo" and rake in all the money

I mean if that actually is all they're asking of her then why wouldn't she?

 

[MerelyTourist]

Filian is also part of the talent agency Mythic and I would assume they put these deals together and assuming that, this really has retardation at multiple levels.

Mythic DO NOT involve itself in merch and other deals. Only sponsors.

Yet another QUALITY take from the cuck!

It's true though. Such copyrights are hard to prove. Character must be original enough, which it's not necessarily is.

It's generic but it's still a character that you'd be able to recognise later, created by the artist. It's intellectual property.

With that said I think it would be retarded to actually cause a legal shitfit over it, since they obviously have international customers who would probably be swayed against buying assets from a litigious artist. Now there're ripples in the water giving them some leverage, the smartest thing they could do would probably be to discreetly reach out to Filian/Goodsmile to negotiate a private settlement, then simmer down about it.

That's assuming they're actually legally entitled to cash here, I can't be arsed to dig through moonrune asset use agreements at this hour to figure out what they're offering in the up-front purchase. For all I know the artist could've sold it with lenient usage terms that they're now regretting since there's more money on the table than the random 2view VRChat shit they were expecting.

Yep, this: model ToS sheet is kinda bullshit and not an actual legal document It says that model can be used commercially, then make very vague exception "please contact us first" about merch. "contact us" doesnt really equal to "you must obtain our explicit permission".
and i'm a bit blind. gotta read it better
"JP text takes precedence" is complete bullshit though for anyone who dont understand legalese kanji.
Ok, i reread that license and it's basically one big vaguepost up to interpretation. Especially if we talk about merch with altered design, it doesn't really cover that.

 

[bothyourhouses]

it's still a character that you'd be able to recognise later, created by the artist.

Is it though? I'm honestly not sure I could tell the "real" one of that model from any other wolfgirl-in-a-Japanese-school-uniform.

 

[Sankisei]

Wow. I assumed since goodsmile were involved they would have at least checked the copyright prior to announcing anything. She really is more retarded than I could ever imagine.

Twitch streamers really are some of the dumbest people alive.

I am actually quite happy to know that Fillian being Braindead is not an act and she is actually like that

 

[The Rrat]

View attachment 73092

オリジナル3Dモデル「竜胆」ver1.08 - STUDIO JINGO - BOOTH

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。

t.co

Bet all Fillian does is "Credit to Rindo" and rake in all the money

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

 

[MerelyTourist]

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

They attempt to be retroactive and shift some responsibility, but this shit will hot hold water, especially if added after purchase.

License period and modification of the license
There is no fixed term regarding the period. Any change(s) on the term(s) would be effective on the date
designated by the Licensor(s). (Including but not limited to announcement(s) made on official website(s) and
blog(s).) The User(s) shall check the information released by the Licensor(s) as regularly and reasonably as
possible.。

 

[BlueSharkTV]

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.

 

[Ballpark_Look]

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 also wondering since this model was made for VRChat and mentions VRChat specifically, if VRChat terms of use over rules the artist's terms of use. Making assets for a game does forfeit certain IP rights

 

[Security]

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.

The what? no no square?

*looks it up*

...the what?