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The Cuddlemander Thing
12 years ago
There is some big todo and debate about :cynnamin:'s dissatisfaction with the use of the Ashens on Flexible Survival. I figure I should post the story where everyone can get at it.
They installed 'Cuddlemanders' on my game. I hated it. I told them it wouldn't work, and told them to change it, one reason for that, and I said it at the time, is that copyrighted creatures are NOT allowed.
Then they became Ashens, and I let it go, since I presumed that Ashen were original creatures made for the game, awesome, new pieces of flexible specific lore.
It helps that a thorough web search turned up not a thing about ashen.
Fast forward to several months later, and cynnamin decides they want me to promise I will never make money off the ashen. This is not a promise I could make. The entire purpose of flexible survival is to make a living. I said I couldn't promise that.
This was not acceptable to them. They stomp their feet and say they want me to admit it's theirs and to not make money off of it. Still not being a promise I could make, I refused to make it.
Then they left the game.
At this point, Damaged, a staffer on the game, and myself, erased all the descriptions of the ashen, and redid all their writing in our own prose and style, even changing their anatomy a bit along the way. Cynnamin's work, with the ashen, was thusly erased from the game, gone.
Fast forward to now. I messaged Cynnamin asking if they wanted to be involved in some stuff going on with the Ashen, that I thought they may have fun roleplaying with.
I get back a DMCA notice. You can read that exchange on her journal.
She is wrong. She is dead wrong. She owns the cuddlemanders, she does not known the Ashen. I have already informed FurAffinity, and they have already removed her false document. It is clear as day. She created the 'Ashens' while working for flexible survival, and was paid(in form of mako, the premium currency of the game with an explicit real world value and normally purchased) to contribute to an existing project. It is work for hire, and the copyright is mine.
There is absolutely no evidence that the ashen, and their various types, existed BEFORE she came to Flexible Survival. The one document she did have was dated after she left.
They installed 'Cuddlemanders' on my game. I hated it. I told them it wouldn't work, and told them to change it, one reason for that, and I said it at the time, is that copyrighted creatures are NOT allowed.
Then they became Ashens, and I let it go, since I presumed that Ashen were original creatures made for the game, awesome, new pieces of flexible specific lore.
It helps that a thorough web search turned up not a thing about ashen.
Fast forward to several months later, and cynnamin decides they want me to promise I will never make money off the ashen. This is not a promise I could make. The entire purpose of flexible survival is to make a living. I said I couldn't promise that.
This was not acceptable to them. They stomp their feet and say they want me to admit it's theirs and to not make money off of it. Still not being a promise I could make, I refused to make it.
Then they left the game.
At this point, Damaged, a staffer on the game, and myself, erased all the descriptions of the ashen, and redid all their writing in our own prose and style, even changing their anatomy a bit along the way. Cynnamin's work, with the ashen, was thusly erased from the game, gone.
Fast forward to now. I messaged Cynnamin asking if they wanted to be involved in some stuff going on with the Ashen, that I thought they may have fun roleplaying with.
I get back a DMCA notice. You can read that exchange on her journal.
She is wrong. She is dead wrong. She owns the cuddlemanders, she does not known the Ashen. I have already informed FurAffinity, and they have already removed her false document. It is clear as day. She created the 'Ashens' while working for flexible survival, and was paid(in form of mako, the premium currency of the game with an explicit real world value and normally purchased) to contribute to an existing project. It is work for hire, and the copyright is mine.
There is absolutely no evidence that the ashen, and their various types, existed BEFORE she came to Flexible Survival. The one document she did have was dated after she left.
Unacceptable, especially when she has no legs to stand on.
Ashen's kinda a crappy name anyway. Totally doesn't fit.
Additionally, consider refusing any content not made by you unless assigned to you in a contract.
After reading her journal, I can only suppose that she feels slighted over what she considers a moral issue; though it doesn't appear that a direct resolution is in sight.
I hope that this works its way out in a way that is beneficial to all parties involved, naturally. However, I can't help but feel that cynnamin is fighting a losing battle, if not by trying to demand inconsiderate deadlines and expectations but by backpedaling after submitting the idea willfully.
Terribly sorry to hear that you're swept up in all this unpleasant stickiness Nuku, and after reading through both sides of the story I can firmly state that I support Nuku_V in this matter.
I did say I'd change the name though. I suppose that will settle it. I have not heard a word from them.
I do appreciate the kind words.
If I recall, there is no 'fileing' necessary, so no gov. or civilian oversight, it's just a handy way of delivering a threat, creating the illusion of having a case, and making you look like a good corporation and the other like a scruffy civilian if you actually do go to the law.
Unfortunately, most businesses think they are like a gov. subpeona, and follow the instructions to the letter like the spineless idiots they are.
I'm pretty sure that a DMCA takedown is a THREAT to sue, and not an actual legal document of any sort.
The kind of threat that can be responded to with a good bird-flipping and some choice (non-'threatening') words, but it tends to intimidate third parties.
However, I'm neither a lawyer, nor American.
I feel for you though. On the one hand it disgusts me to see concessions made to a DMCA troll rather than it being rubbed in their face, on the other hand I'm happy you had preperations in place to dodge the clumsy attack,
I belive proper sueing etiquite is to find something in your past together that YOU can use as blackmail that's not QUITE as stupid and false and issue vieled ultimatums that you will voice these 'concerns' if the matter doesn't magicly become 'settled', but you probably shouldn't stoop to that level. It's more risk for almost no reward anyway. Who want's the troll's stupid writing anyway...