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You know my history with Flexible Survival
12 years ago
Wot de boz teenks...
If you don't know it yet, here's a document for you:
http://www.furaffinity.net/view/6141292/
In this document I state the core of my contention with the Flexible Survival project, primarily with Nuku Valente himself. In short, it is as follows:
"I created the species on my own independently. When he was looking for creatures, I offered the species to be placed within the game under the stipulation that they would remain my Intellectual Property and that he would respect my rights with regards to my species.
He agreed to those points.
I created the content and uploaded it. He later changed the agreement, without notifying me or any other provider, that he would acquire Copyright and Intellectual Property rights to all 'donated' creatures. He then removed all lines that indicated the source of all creatures coded within the MUD.
I did not donate my species to him. I offered to allow him to use my species in exchange for mutual wellbeing: He would have new content and I would be allowed to showcase my creatures.
I disputed this with him and he refused to acknowledge my rights as creator and owner of the Intellectual Property. After numerous altercations in which I publicly requested that he recognize the previous agreement, as I had agreed to it, and not the new one which he attempted to force. Should he refuse to do so, I requested that he remove my species and replace it with something else, a relatively easy fix.
After I pressed the issue he banned me from the MUD he was creating."
Now, after one/two years has passed, I have received the following message:
"Hello there,
It's been quite a while. I'm poking you because the ashen are getting some lime light over on Flexible. They want to emerge from the sewers and join society and deliver the best hugs in town, and maybe wear clothes, who knows how far this madness can go.
I understand that you are still sore that I never promised to not make money from your contribution(I don't think I ever did? Directly anyway), but thought you should be informed, in case you were interested in being involved. We'd love to have you back around!
Let me know either way and have a great day,
Nuku"
No comment made about Intellectual Property rights.
Absence indicates that he wants to continue to ignore our gentleman's agreement.
Just wanted to state that.
----
Edit update: A Letter Reply has been Sent.
"
Hello,
I just wanted to let you know that you are not legally entitled to profit directly from my creations. They remain my Intellectual Property. You have not recognized their status, as such, and, legally, they are mine to do with as I see fit. I formally request, once more, that you recognize me as the owner and creator of the Ashen, in addition to the rights that I therefore possess, OR that you remove them in their entirety from your creations.
Thank You
-Cynnamin
"
----
Edit update: A Reply has been Received.
"
Hey,
I really didn't want to get into this argument, again, and doesn't answer the question given. If you put up your art on a T-Shirt site, you can't then say 'Oh, but don't make money off this', because that's what uploading that image to that site means by default. Shirts of your image will be sold. If you didn't want shirts of your image being sold, why upload it to the shirt site?
FS is a freemium game where the monsters are part of the draw that gets people into the game, and then they give me money for varied perks. No one pays money to see the ashens(Which were entirely re-written by myself and Damaged), but there they are, part of a commercial product, which it always was, and remains to be. You were entirely aware of this when you first added your creature to the game. Why did you do this if you didn't want it being involved in this commercial product? I don't understand it.
"
----
Edit Update: A Reply has been Sent
"
Hello,
Unfortunately, when I originally agreed to create creatures for your project I included the stipulation with you that I would retain the intellectual property rights to my submissions.
As for your T-shirt argument, a problem arises. Such sites make money off of T-Shirt artists and therefore are required, by law, to provide them a cut. No-one puts items on such sites and freely waives their rights to that property. Second, the only circumstance which this will occur in and be legally binding, is if the individual submitting the artwork signs a waiver that specifically states the company may do so.
I signed no such waiver.
You asked for no money for this project until it became popular. Ashen were present before your monetization of the project. I still retain the rights to my intellectual property.
Furthermore, with regards to T-Shirt sites, individuals can, and regularly do, remove items from availability should the artist request such action to be taken. Additionally, if an individual is not paying to see the ashen, then their loss from your project will not be an issue to you monetarily as they are not providing you income.
Finally, if Ashen have been rewritten in their entirety then it is certainly within your power to rename them. If the creature is not the same, then it is a relatively minor alteration.
So, in short, your three options are:
1) Remove them in their entirety
2) Rename your 'rewritten and different' creations
3) Pay me for the use of my intellectual property in your commercial product.
Thank You,
-Cynnamin
"
----
Edit Update: A Reply has been Received
"
I was given to believe that your creations were 'Cuddlemanders'. When you first installed them, I said that I didn't want copyrighted anythings on my game. You renamed them to Ashens. At the time, I thought we were settled.
Then this came up. You have operated in poor faith. As to your argument that it was not 'for pay' at the time, I call shenanigans, since the multiplayer has been freemium with pay for perks since the day it opened.
"
----
Edit Update: A Reply has been Sent
"
Hello,
Cuddlemanders are Ashen. I cannot recall receiving notification that you were unwilling to have copyrighted species in your game. I reassert that your multiplayer and single player components were both, originally, without an aspect of monetization. Unfortunately, this does not affect the core of contention: The case remains that they are my Intellectual Property as I had created them.
Originally, I requested mere affirmation that I retain my Intellectual Property rights. Originally, I would have been satisfied with mere affirmation of those rights. You have never given affirmation. You have attempted to slight me by attempting to claim the Intellectual Property as your own and, as such, I have presented three solutions to the present predicament.
I reiterate your previous options:
1) Remove the Ashen in their Entirety
2) Rename your 'rewritten and different' creations
3) Pay me for the use of my intellectual property in your commercial product
Thank You,
-Cynnamin
"
----
Edit Update: A Reply has been Received
"
Your creation was already deleted. You do not own the word 'Ashen', as it is an every day adjective. Cuddlemander, that you could call your own. Your writeup, which I have read, does not describe the mutants that we have. They are separate beings.
I'm sorry we can't see eye to eye on this. I had hoped we could move on to more constructive discussion.
"
----
Edit Update: A Reply has been Sent
"
Hello,
So long as you continue to utilize the name 'Ashen' for the species I created or the replacement of said species you are in violation of my Intellectual Property rights. If you simple rename the creations to an original name that has not been claimed and is not related to the project, I will no longer have an issue with you in regards to this specific circumstance.
As a rule of thumb, I refuse to work with any individual that has attempted to cheat me.
Thank You,
-Cynnamin
"
----
Edit Update: A Reply has been Received
"
Wish granted. When the plot resolves that I had contacted you about in the first place, the Ashen will choose a new name for themselves as they take their place in the wasteland society as peers, instead of ravening monsters.
It should be interesting.
"
----
Edit Update: A Reply has been Sent
"
Hello,
So long as you replace the name within the next two days and do not retain any portion of my original designs, notably for all three species of Ashen (Breeders, Renders, and Matriarchs), then that will be acceptable.
For the next order of business; I will require that you remove the MSPA from your collection of creatures. I had originally placed them in the airfield. Please replace both their design and the name within the next two days.
Thank You,
Cynnamin
"
----
Edit Update: A Reply has been Received
"
No.
"
----
Edit Update: A Reply has been Sent
"
Hello,
I apologize, but if I recall correctly this issue has had two years to be resolved. The modest modifications I am asking for could have been put in place within that time.
You have already agreed to replace all descriptions and content and remove the name of my species, the Ashen. The MSPA remain another such species that I hold the Intellectual Property for.
Please replace all descriptions and content and remove the name for the MSPA as well.
Thank You,
Cynnamin
"
----
Edit Update: A Reply has been Received
"
No.
"
----
And now I have had enough
----
Cease and Desist Letter Sent
"
This is a Notice of Infringement as authorized in ยง 512(coffee) of the U.S. Copyright Law under the Digital Millennium Copyright Act (DMCA).
Material on your MUD "Flexible Survival" pertaining to creatures described (at time of writing - 15 April 2013) as "The Ashen" as well as "MSPA" constitutes an unauthorized reproduction of copyrighted material originally submitted to you under terms which specified explicitly that the creator was to retain copyright and all associated rights to said material, and which further guaranteed "Copyrighted characters may be recalled at any time, without question, by either the creator or Flexible Survival" as repeatedly detailed in posts found at http://web.flexiblesurvival.com/vie.....f=27&t=173 (and notwithstanding the terms since added to the topmost post dated 26 March 2011; which said site documents has been repeatedly edited since the time of initial agreement).
At this time I wish to exercise the "Copyright characters may be recalled at any time [...]" clause in my agreement with Flexible Survival. Please note this communication as a formal statement of my intent to exercise this clause, effective immediately.
Please remove all such material immediately from Flexible Survival and all associated material under the control or operation of Flexible Survival staff and associated agents or we will file an official complaint with the U.S. Copyright Office.
Thank you,
-Real Name Redacted-
"
Edit Update
The drama continues. Nuku has sent a DMCA takedown request of my own materials here on FA. I've sent a notification to Dragoneer and the Admins that the takedown was not supported by the DMCA as I'm the owner of the Ashen.
Nuku has claimed that he has copyright of my materials due to a 'works for hire' contract. Such a claim only holds water if the subject has signed a written agreement. I've never signed such a thing, I've never signed anything with nuku, so therefore the accusation that I have such a legally binding agreement with him is highly suspect.
Not sure where we're going from here. Hopefully my stuff can be put back up relatively soon.
Wish me luck.
Edit Update
This should be the last entry for this particular journal subject. As of about two weeks ago I'd been informed that Nuku had changed the name of the creatures from Ashen to 'Ember'.
I am okay with this.
Why?
Because my intent is not to make money off of him. I have only -ever- wanted him to respect my rights as owner of the IP. I want to make something of Cyn, the cuddlemanders, and the entire Ashen species. I cannot, -cannot-, do so while the threat of a copyright dispute exists.
Now that Nuku has ceded to my copyright claim, he cannot attempt to claim copyright over anything I produce with the Ashen. Likewise, he can -never- claim full ownership of the 'Ember' present on his site, not legally. Instead, they will forever be what they legally are: an addition to his game -BASED UPON- my original work.
This case is closed.
All that remains is for FA to replace the deleted submissions.
http://www.furaffinity.net/view/6141292/
In this document I state the core of my contention with the Flexible Survival project, primarily with Nuku Valente himself. In short, it is as follows:
"I created the species on my own independently. When he was looking for creatures, I offered the species to be placed within the game under the stipulation that they would remain my Intellectual Property and that he would respect my rights with regards to my species.
He agreed to those points.
I created the content and uploaded it. He later changed the agreement, without notifying me or any other provider, that he would acquire Copyright and Intellectual Property rights to all 'donated' creatures. He then removed all lines that indicated the source of all creatures coded within the MUD.
I did not donate my species to him. I offered to allow him to use my species in exchange for mutual wellbeing: He would have new content and I would be allowed to showcase my creatures.
I disputed this with him and he refused to acknowledge my rights as creator and owner of the Intellectual Property. After numerous altercations in which I publicly requested that he recognize the previous agreement, as I had agreed to it, and not the new one which he attempted to force. Should he refuse to do so, I requested that he remove my species and replace it with something else, a relatively easy fix.
After I pressed the issue he banned me from the MUD he was creating."
Now, after one/two years has passed, I have received the following message:
"Hello there,
It's been quite a while. I'm poking you because the ashen are getting some lime light over on Flexible. They want to emerge from the sewers and join society and deliver the best hugs in town, and maybe wear clothes, who knows how far this madness can go.
I understand that you are still sore that I never promised to not make money from your contribution(I don't think I ever did? Directly anyway), but thought you should be informed, in case you were interested in being involved. We'd love to have you back around!
Let me know either way and have a great day,
Nuku"
No comment made about Intellectual Property rights.
Absence indicates that he wants to continue to ignore our gentleman's agreement.
Just wanted to state that.
----
Edit update: A Letter Reply has been Sent.
"
Hello,
I just wanted to let you know that you are not legally entitled to profit directly from my creations. They remain my Intellectual Property. You have not recognized their status, as such, and, legally, they are mine to do with as I see fit. I formally request, once more, that you recognize me as the owner and creator of the Ashen, in addition to the rights that I therefore possess, OR that you remove them in their entirety from your creations.
Thank You
-Cynnamin
"
----
Edit update: A Reply has been Received.
"
Hey,
I really didn't want to get into this argument, again, and doesn't answer the question given. If you put up your art on a T-Shirt site, you can't then say 'Oh, but don't make money off this', because that's what uploading that image to that site means by default. Shirts of your image will be sold. If you didn't want shirts of your image being sold, why upload it to the shirt site?
FS is a freemium game where the monsters are part of the draw that gets people into the game, and then they give me money for varied perks. No one pays money to see the ashens(Which were entirely re-written by myself and Damaged), but there they are, part of a commercial product, which it always was, and remains to be. You were entirely aware of this when you first added your creature to the game. Why did you do this if you didn't want it being involved in this commercial product? I don't understand it.
"
----
Edit Update: A Reply has been Sent
"
Hello,
Unfortunately, when I originally agreed to create creatures for your project I included the stipulation with you that I would retain the intellectual property rights to my submissions.
As for your T-shirt argument, a problem arises. Such sites make money off of T-Shirt artists and therefore are required, by law, to provide them a cut. No-one puts items on such sites and freely waives their rights to that property. Second, the only circumstance which this will occur in and be legally binding, is if the individual submitting the artwork signs a waiver that specifically states the company may do so.
I signed no such waiver.
You asked for no money for this project until it became popular. Ashen were present before your monetization of the project. I still retain the rights to my intellectual property.
Furthermore, with regards to T-Shirt sites, individuals can, and regularly do, remove items from availability should the artist request such action to be taken. Additionally, if an individual is not paying to see the ashen, then their loss from your project will not be an issue to you monetarily as they are not providing you income.
Finally, if Ashen have been rewritten in their entirety then it is certainly within your power to rename them. If the creature is not the same, then it is a relatively minor alteration.
So, in short, your three options are:
1) Remove them in their entirety
2) Rename your 'rewritten and different' creations
3) Pay me for the use of my intellectual property in your commercial product.
Thank You,
-Cynnamin
"
----
Edit Update: A Reply has been Received
"
I was given to believe that your creations were 'Cuddlemanders'. When you first installed them, I said that I didn't want copyrighted anythings on my game. You renamed them to Ashens. At the time, I thought we were settled.
Then this came up. You have operated in poor faith. As to your argument that it was not 'for pay' at the time, I call shenanigans, since the multiplayer has been freemium with pay for perks since the day it opened.
"
----
Edit Update: A Reply has been Sent
"
Hello,
Cuddlemanders are Ashen. I cannot recall receiving notification that you were unwilling to have copyrighted species in your game. I reassert that your multiplayer and single player components were both, originally, without an aspect of monetization. Unfortunately, this does not affect the core of contention: The case remains that they are my Intellectual Property as I had created them.
Originally, I requested mere affirmation that I retain my Intellectual Property rights. Originally, I would have been satisfied with mere affirmation of those rights. You have never given affirmation. You have attempted to slight me by attempting to claim the Intellectual Property as your own and, as such, I have presented three solutions to the present predicament.
I reiterate your previous options:
1) Remove the Ashen in their Entirety
2) Rename your 'rewritten and different' creations
3) Pay me for the use of my intellectual property in your commercial product
Thank You,
-Cynnamin
"
----
Edit Update: A Reply has been Received
"
Your creation was already deleted. You do not own the word 'Ashen', as it is an every day adjective. Cuddlemander, that you could call your own. Your writeup, which I have read, does not describe the mutants that we have. They are separate beings.
I'm sorry we can't see eye to eye on this. I had hoped we could move on to more constructive discussion.
"
----
Edit Update: A Reply has been Sent
"
Hello,
So long as you continue to utilize the name 'Ashen' for the species I created or the replacement of said species you are in violation of my Intellectual Property rights. If you simple rename the creations to an original name that has not been claimed and is not related to the project, I will no longer have an issue with you in regards to this specific circumstance.
As a rule of thumb, I refuse to work with any individual that has attempted to cheat me.
Thank You,
-Cynnamin
"
----
Edit Update: A Reply has been Received
"
Wish granted. When the plot resolves that I had contacted you about in the first place, the Ashen will choose a new name for themselves as they take their place in the wasteland society as peers, instead of ravening monsters.
It should be interesting.
"
----
Edit Update: A Reply has been Sent
"
Hello,
So long as you replace the name within the next two days and do not retain any portion of my original designs, notably for all three species of Ashen (Breeders, Renders, and Matriarchs), then that will be acceptable.
For the next order of business; I will require that you remove the MSPA from your collection of creatures. I had originally placed them in the airfield. Please replace both their design and the name within the next two days.
Thank You,
Cynnamin
"
----
Edit Update: A Reply has been Received
"
No.
"
----
Edit Update: A Reply has been Sent
"
Hello,
I apologize, but if I recall correctly this issue has had two years to be resolved. The modest modifications I am asking for could have been put in place within that time.
You have already agreed to replace all descriptions and content and remove the name of my species, the Ashen. The MSPA remain another such species that I hold the Intellectual Property for.
Please replace all descriptions and content and remove the name for the MSPA as well.
Thank You,
Cynnamin
"
----
Edit Update: A Reply has been Received
"
No.
"
----
And now I have had enough
----
Cease and Desist Letter Sent
"
This is a Notice of Infringement as authorized in ยง 512(coffee) of the U.S. Copyright Law under the Digital Millennium Copyright Act (DMCA).
Material on your MUD "Flexible Survival" pertaining to creatures described (at time of writing - 15 April 2013) as "The Ashen" as well as "MSPA" constitutes an unauthorized reproduction of copyrighted material originally submitted to you under terms which specified explicitly that the creator was to retain copyright and all associated rights to said material, and which further guaranteed "Copyrighted characters may be recalled at any time, without question, by either the creator or Flexible Survival" as repeatedly detailed in posts found at http://web.flexiblesurvival.com/vie.....f=27&t=173 (and notwithstanding the terms since added to the topmost post dated 26 March 2011; which said site documents has been repeatedly edited since the time of initial agreement).
At this time I wish to exercise the "Copyright characters may be recalled at any time [...]" clause in my agreement with Flexible Survival. Please note this communication as a formal statement of my intent to exercise this clause, effective immediately.
Please remove all such material immediately from Flexible Survival and all associated material under the control or operation of Flexible Survival staff and associated agents or we will file an official complaint with the U.S. Copyright Office.
Thank you,
-Real Name Redacted-
"
Edit Update
The drama continues. Nuku has sent a DMCA takedown request of my own materials here on FA. I've sent a notification to Dragoneer and the Admins that the takedown was not supported by the DMCA as I'm the owner of the Ashen.
Nuku has claimed that he has copyright of my materials due to a 'works for hire' contract. Such a claim only holds water if the subject has signed a written agreement. I've never signed such a thing, I've never signed anything with nuku, so therefore the accusation that I have such a legally binding agreement with him is highly suspect.
Not sure where we're going from here. Hopefully my stuff can be put back up relatively soon.
Wish me luck.
Edit Update
This should be the last entry for this particular journal subject. As of about two weeks ago I'd been informed that Nuku had changed the name of the creatures from Ashen to 'Ember'.
I am okay with this.
Why?
Because my intent is not to make money off of him. I have only -ever- wanted him to respect my rights as owner of the IP. I want to make something of Cyn, the cuddlemanders, and the entire Ashen species. I cannot, -cannot-, do so while the threat of a copyright dispute exists.
Now that Nuku has ceded to my copyright claim, he cannot attempt to claim copyright over anything I produce with the Ashen. Likewise, he can -never- claim full ownership of the 'Ember' present on his site, not legally. Instead, they will forever be what they legally are: an addition to his game -BASED UPON- my original work.
This case is closed.
All that remains is for FA to replace the deleted submissions.
My advice would to reply privately to him and indicate that you want credit and recognition for "ashen" being your intellectual property, and failing that, for all mention of them to be removed.
What will likely happen: You will get nothing. Expect this and be prepared to move on.
If you seek to use your IP for commercial gain, consider registering copyright/trademark/etc for them. Best if you establish timestamped evidence of your creation being created before the earliest appearance in Flexible Survival, and/or include documentation of your conversation with Nuku granting your permission to use your IP. Bonus if he had acknowledged them as your IP and requested to use them.
I can tell you right now that you will most likely gain nothing for your efforts.
As this man used your IP in violation of the licensing agreements, he is in violation of copyright law.
The best thing you can do is inform him that he is in violation of your copyright and that you are informing him of this violation of his licence, then advise him to ask his attorney why it is important that you have informed him of the violation.
Depending on the success of his project, if he refuses you could then get an attorney involved. You may even ask around to see if anyone else who he has slighted like this and bring it up as a class action lawsuit for compensation.
I'm not a lawyer, but this looks like a pretty clear cut case of copyright violation.
The documentation may serve in lieu of a licensing agreement, but it also might be insufficient evidence. It depends on what documentation there is. If there's no written record of it, then it's he-said-she-said. And nothing will come of that.
Figure out if you A) Want to cash in on his commercial success of which your IP played a role, B) Just want to be credited for his commercial success of which your IP played a role, or C) Just want him to stop using your IP.
Option A) Most difficult, you will likely lose and be viewed as an asshole by most people who find out that you tried this.
Option B) Much more likely to occur.
Option C) Not likely but how the conversation goes is really up to you and him. Not just him. Mind your wording.
Option A) Doing what is -right- is almost -never- going to be a popular move. It -still- should be done.
Option B) I had originally asked for this to occur. He would not credit me nor would he recognize my IP rights.
Option C) At this point in time I would request this to occur and for the situation to be resolved. If neither party is happy, it is often the best solution.
I have never, in any case, been demanding money. I have been, at all times, demanding affirmation of my basic rights as creator of an Intellectual Property.
I accept parody, I accept alteration, I accept all modifications of a specific concept for personal use, no matter how much that may displease me.
Usage of my Intellectual Property, directly, for commercial use, is in violation of those rights.
Its not about money, its about respect.
The first being solid proof that the idea is yours (that's hard to fake), simple chat logs can be used, but don't mean very much unless they have been subpoenaed from AOL/Google (IE a neutral third party). The same with any agreement you have.
The second, is of course large sums of money to take people to court with. This is far more important then the actual proof itself is. Without it your just a crazed loon trying to "steal money from honest businessmen".
And of course something you have to watch out for is him just altering your idea jusstt enough that the court can rule it as "inspired by" instead of a direct ripoff. If he changes the idea enough, rewrite it in his own words and change a few things it will become extremely difficult for you to prove that it's not just "inspired by" your idea.
For instance he could simply say that he removed your original idea/content as you were complaining about it so he created a similar creature inspired by yours.
As an additional "attack" he could point to creatures that resemble your own and say "Look see his idea isn't original either, he just took ideas from x,y and z and stuck them together."
For famous examples, I'd point to http://www.cracked.com/article_2002.....-rip-offs.html
Oreos are knockoffs of Hydrolox
Legos are knockoffs of kiddieblocks
etc..
http://www.furaffinity.net/view/5017288/
Created before their inclusion into Flexible Survival.
Different reasons though, and I made a promise to myself that I wouldn't go and stir up drama by publicly airing my motivations.
If you want, I can still say over Skype later today.
You were, however, locked off the public channel for a bit. At this point and time, no one is banned from the game. I don't do bans. I do kick people off for short periods when things get too hot.
My apologies for the inconvenience. Can you note me your email? What message are you getting?
Enjoy.