Copyright Infringment in Design Contest!

[Alhanelem]

Actually, I do have a clue about copyrights, and I'm not mixing anything up, but thanks for being insulting anyway.

A trademark is a symbol, logo, or image associated with or owned by a company. A mark of trade, hence the term trademark. That's not what we're talking about here, so I don't know where you got the idea I was "confusing" that.

In fact, what we are really dealing with here is better described as plagiarism.

1. If you create an unique/not existing Design, you are automatically the owner of the Copyrights/Intellectual Property.

This "owner" is commonly said to be the "copyright holder", which I described before.

2. It is obvious that the said Design was a Copy, since you can find the same Design/Same Colors with Google.

A link to a similar looking image on google would not hold up in a court of law. You need to know who holds the copyright and provide them proof that it was infringed on so that they can pursue a case against the infringer.

3. As the Creator you are granted exclusive rights, for example publish the Design as your own or sue in case of deceptive copying.

No crap sherlock, I know this. But thanks for the unnecessary lesson. In the situation you describe,, it is up to the holder of the copyright to exercise his rights and bring a case against the infringer.

4. SE asked for a Design which is unique and does not hurt copyrights of anyone else, beside allowed Stuff from SE.

Yes, they did. It's up to them to either decide someones rights may be being infringed on, or up to the copyright holder to complain to SE to get the entry pulled. One of those two things needs to happen. somebody making a ruckus on a forum saying "this ring looks like that one!" is not really sufficient grounds for that. However, if someone wants to provide some real actual proof, or if the copyright holder wants to stop up, either of those parties should be contacting SE directly, not making a scene on a discussion forum.

5. It does not matter who created the Ring first, it matter THAT it allready exist and can be proven, so whoever made that entry can obviously not claim to be the owner/designer

This sentence is a bunch of garbledygook that doesn't make any sense. "it doesn't matter who made it first that it already exists" What? try making some sense before you attack others. It does matter "who made it first." Who made it first is the copyright holder.

You don't seem to udnerstand that copyrights are exercised by the holder of those rights. I can make an original piece of work and reserve all rights, disallowing anyone to do anythign with it. Or I can not use my rights at all, and let anyone do whatever they want with them. Beyond that, copyright law varies by country, and the laws of your country may not be the same as of mine.

So... who's the one who doesn't know anything about copyrights now?

[Nero]

Actually, I do have a clue about copyrights, and I'm not mixing anything up, but thanks for being insulting anyway.

In fact, what we are really dealing with here is better described as plagiarism.

This "owner" is commonly said to be the "copyright holder", which I described before.

A link to a similar looking image on google would not hold up in a court of law. You need to know who holds the copyright and provide them proof that it was infringed on so that they can pursue a case against the infringer.

No crap sherlock, I know this. But thanks for the unnecessary lesson. In the situation you describe,, it is up to the holder of the copyright to exercise his rights and bring a case against the infringer.

Yes, they did. It's up to them to either decide someones rights may be being infringed on, or up to the copyright holder to complain to SE to get the entry pulled. One of those two things needs to happen. somebody making a ruckus on a forum saying "this ring looks like that one!" is not really sufficient grounds for that. However, if someone wants to provide some real actual proof, or if the copyright holder wants to stop up, either of those parties should be contacting SE directly, not making a scene on a discussion forum.

This sentence is a bunch of garbledygook that doesn't make any sense. "it doesn't matter who made it first that it already exists" What? try making some sense before you attack others.

So... who's the one who doesn't know anything about this now?

That is such Nonsense.

1. Plagiarism is ONE form of copyright violation. As i said before, if i would be fluent in english i would go into Detail here.
2. It was not a "similiar" looking Picture, it is in fact identical. Not only in shape also in Color.
3. It is proof enough to show a identical allready existing design, to claim that the person who made the entry is not the copyright holder, which would disqualify that person allready.
4. It is nearly impossible that the original copyright holder would know about this content and would make tell SE to pull it out, unless he plays himself. That is the reason why there was an Agreement in the Content people agreed with. And especially the copyright part WAS WRITTEN IN CAPS, why do you think SE did that? Because SE is aware of the fact that certain people will ignore it and so they also said, if that will happen the Account can be suspended or banned. Right now people are showing SE that the said Design allready exist, or do you except the SE-Team to check every Ring on millions on different websites if it allready exist? People figured it, showed it to SE, now its on SE to decide what to do.

simply fact what the person did: Copied an allready existing Design. hurts copyright of "some person", if this person agree's with this or not, is way beside the Point. It was simply breaking the Rules of the Content.