Smoothblue Style :)

[Injektilo]

I've just made a style 100% identical to vb.org smooth blue style. ALL images are made from me! (Did not copy them from vb.org) and i have the .psd for 'em.

My question is it illegal or ... not cool to use it? And if so, will it be ok to use it with different colors etc?

Please don't go against me now, i just had a lot of time in my hands and did this style since i couldnt think one of my own :P

Peace!

[nexialys]

what would be illegal if you created it yourself?

vBulletin incorporate a template system, and the goal of it is to let you create themes, so why would they be illegal afterward?

[Injektilo]

what would be illegal if you created it yourself?

vBulletin incorporate a template system, and the goal of it is to let you create themes, so why would they be illegal afterward?

the only thing i am worried about is that i've build this style by watching vb.org style :) so i got all ideas from here

[nexialys]

we call this "inspiration"...

most template styles are copied from something... if this site here was an inspiration the guys from DirectPixel can be proud!!!

[Injektilo]

fair enough :) would it be also ok to release it here? :p

[TyleR]

i'm sure as long as images arent exactly the same, down to the pixel, then you'll be just fine.

[Injektilo]

i'm sure as long as images arent exactly the same, down to the pixel, then you'll be just fine.

believe me, they are! :)

[TyleR]

believe me, they are! :)

they are the exact same down to the pixel?

[Injektilo]

well, when you see them, you wont be able to know the difference, except the language on some buttons

[TyleR]

Then it's subject to deletion..if DrectPixel see's anything looks like it has been copied, he can report it.

I would PM a live demo link to DirectPixel (https://vborg.vbsupport.ru/member.php?username=DirectPixel) to check with him.

[nexialys]

we talked about "inspiration", not "cloning"... what would be the reason on making a skin exactly like this one here and release it if the guys at DirectPixel told they would never release their skins publically ther than official versions like this one...

[smacklan]

ummm...I must be missing something in this conversation, but what you are saying is you've basically ripped their skin...it doesn't matter if you wrote it or not...images are copyrighted and you sound extemely close to being in copyright enfringement waters.

[Corriewf]

I've just made a style 100% identical to vb.org smooth blue style. ALL images are made from me! (Did not copy them from vb.org) and i have the .psd for 'em.

My question is it illegal or ... not cool to use it? And if so, will it be ok to use it with different colors etc?

Please don't go against me now, i just had a lot of time in my hands and did this style since i couldnt think one of my own :P

Peace!


Its only illegal if you block the copyright and have not bought a branded free option or if you do not give me a copy of this style for free..... ;) Ok I lied about the lasat part. :ninja:

ummm...I must be missing something in this conversation, but what you are saying is you've basically ripped their skin...it doesn't matter if you wrote it or not...images are copyrighted and you sound extemely close to being in copyright enfringement waters.


How do you copyright the colors there smacklan? She/He said they made thier images..... :rolleyes:

well, when you see them, you wont be able to know the difference, except the language on some buttons

Why do you not change it up just a bit. ;)

[Chris M]

Directpixel is not the person to contact about this - You would need to contact a Site Administrator here, as vBulletin.org own the copyright to this style...

Chris

[DirectPixel]

Directpixel is not the person to contact about this - You would need to contact a Site Administrator here, as vBulletin.org own the copyright to this style...

Chris

Chris is correct. vBulletin.org owns the rights to this skin.

And here's a refresher on US and International copyright law, since there seems to be quite a bit of misunderstanding.

All works of original art that is created is automatically copyrighted the owner (in the US. This work was created in the US, so is subject to this clause) (or the employer, if the creator was working within the scope of his employment at the time). As the original copyright holder, he/she is entitled to control of the original work, in addition preventing any derivatives (including your style).

As a result, if you would like to use your style, even though you have created it yourself from scratch (it is still legally considered a derivative work), you will need to seek permission from the copyright holders. In this case, the vBulletin.org Site Administrators.

Simply leaving the copyright intact is not enough. It is no substitute for consent, and in a court of law, it holds absolutely no weight.

Hope this clears it up. :)

[Chris M]

Chris is correct. vBulletin.org owns the rights to this skin.

And here's a refresher on US and International copyright law, since there seems to be quite a bit of misunderstanding.

All works of original art that is created is automatically copyrighted the owner (in the US. This work was created in the US, so is subject to this clause) (or the employer, if the creator was working within the scope of his employment at the time). As the original copyright holder, he/she is entitled to control of the original work, in addition preventing any derivatives (including your style).

As a result, if you would like to use your style, even though you have created it yourself from scratch (it is still legally considered a derivative work), you will need to seek permission from the copyright holders. In this case, the vBulletin.org Site Administrators.

Simply leaving the copyright intact is not enough. It is no substitute for consent, and in a court of law, it holds absolutely no weight.

Hope this clears it up. :)

Wow - Something I said is actually true :p - Has my home frozen over? o.O

Chris

[DirectPixel]

Wow - Something I said is actually true :p - Has my home frozen over? o.O

Chris

From what I understand of Dante, it has always been frozen. ;)

[Chris M]

Well you surface to the mortal plain for 20 years and things get sloppy down there :p

Chris

[Decado]

Just my two cents - Artwork is protected, but that doesn't mean someone can't recreate sometihng with their own twist on it. I point outto you the case of Jack Vettriano (i believe that is the correct spelling) Who painted and sold paintings which were copies of the paintings in "learn to paint" manuals etc. Perfectly legal, as it was all his own work, even if it was similar, or indeed the same, as this other work. Unfortunately doing your own take on something is NOT a derivative of it. If everything was done on his own, then just because it bears resemblance to another style doesn't give the owner of that other style copyright over it.

If it could be shown that the images were simply recreations of the original images then yes it would be in breach of copyright. If they were created from scratch then no, it wouldn't.

[DirectPixel]

Just my two cents - Artwork is protected, but that doesn't mean someone can't recreate sometihng with their own twist on it. I point outto you the case of Jack Vettriano (i believe that is the correct spelling) Who painted and sold paintings which were copies of the paintings in "learn to paint" manuals etc. Perfectly legal, as it was all his own work, even if it was similar, or indeed the same, as this other work. Unfortunately doing your own take on something is NOT a derivative of it. If everything was done on his own, then just because it bears resemblance to another style doesn't give the owner of that other style copyright over it.

If it could be shown that the images were simply recreations of the original images then yes it would be in breach of copyright. If they were created from scratch then no, it wouldn't.Well, if you are going to cite the case of Jack Vettriano, then I might as well explain UK's copyright laws (The Copyright, Designs and Patents Act of 1988), which clearly states that inexact reproductions of another's work may or may not be infringement, depending on its degree.

Jack Vettriano's case was unique in that it involved paintings. The specifics of the case involved him allegedly copying figures from "Illustrators Figure Reference Manual", a book. In particular, there were figures in Vettriano's painting "The Singing Butler" which were almost identical to figures depicted in a photograph contained in "Illustrators Figure Reference Manual".

The outcome of the case was decided in favor of Jack Vettriano not because his copy of the painting was his own creation. It was decided in favor of Jack Vettriano because by placing the figures from the "Illustrators Figure Reference Manual" in a beach, and arranging them in relation to each other and changing elements of the models such as their clothing or their poses, "it was arguable that Vettriano has created a narrative and an atmosphere that did not exist before in the photographs and therefore he has not breached the copyright protection afforded to the manual."

If it could be shown that the images were simply recreations of the original images then yes it would be in breach of copyright. If they were created from scratch then no, it wouldn't.You'd think that is true. However, copyright law does not care about how the product was created. If you opened up Adobe Illustrator and recreated the Coca-Cola logo from scratch, it will still not be yours. Express permission must be obtained from the copyright (or in the case of Coca-Cola, trademark) holder before such creations can be displayed publicly.

Or a better example. Let's say you borrowed a nice book from the library. You read it, and loved it. This doesn't mean that you can open up Word and type up the entire book (starting from a blank page) and sell it, or even claim it as yours. You are not afforded any rights just because you copied (or created from scratch) something that looks exactly like something already copyrighted.

(Seriously. You're trying to explain copyright law to a guy that lives and breathes law textbooks practically 24/7. ;))

[nufc fan]

ummm...I must be missing something in this conversation, but what you are saying is you've basically ripped their skin...it doesn't matter if you wrote it or not...images are copyrighted and you sound extemely close to being in copyright enfringement waters.

i have to agree it sounds very close to the mark and inspriation is based on new ideas not copying.

[Injektilo]

so lets say, i created from scratch all buttons used on this style (which i did, and i can prove)... and for example instead of:
https://vborg.vbsupport.ru/ and https://vborg.vbsupport.ru/

i am using this :
https://vborg.vbsupport.ru/ and https://vborg.vbsupport.ru/
(the images i've created) ... is wrong or illegal because...?

[Corriewf]

Looks legal to me cause they are different. Unless vb.org has copyrighted the + symbol.

[DirectPixel]

so lets say, i created from scratch all buttons used on this style (which i did, and i can prove)... and for example instead of:
https://vborg.vbsupport.ru/images/smoothblue/statusicon/forum_link.gif and https://vborg.vbsupport.ru/images/smoothblue/buttons/newthread.gif

i am using this :
http://img417.imageshack.us/img417/3589/forumold9eq.gif and http://img125.imageshack.us/img125/9564/buttonbig37kd.gif
(the images i've created) ... is wrong or illegal because...?Nothing wrong with that, legally. Although If I were you, I would change the font and colors to something more aesthically-pleasing.

Unless you're just using it for yourself, copying and distributing a style that similar would seriously be in bad taste, even if it may be technically legal. If you will be doing so, I really really urge you to add your own unique elements to it.

[Injektilo]

thats what i wanted to hear :) i didnt want to be illegal in any way. And yes, i will be changing the whole style around since not only images are the same. I also did the vb.org header (javascript and images) therefore i will change them, so i have something unique

[DirectPixel]

thats what i wanted to hear :) i didnt want to be illegal in any way. And yes, i will be changing the whole style around since not only images are the same. I also did the vb.org header (javascript and images) therefore i will change them, so i have something unique

Let me know when you are done with it. I'd love to see it. :)

[Injektilo]

Let me know when you are done with it. I'd love to see it. :)

will do :) i'll love to hear comments

[Lea Verou]

Inejktilo I like the green ones! But DP is right about the font...

[Injektilo]

Let me know when you are done with it. I'd love to see it. :)


this is a screenshot of the light version i've finished so far. The light version does not include the extra header and footer images. Just the rollover buttons on top :)

What u think ? :P


http://i2.tinypic.com/r2407b.gif

[Lea Verou]

Very nice! Now add some orange to give it some "life"
δώσε του λίγο "ζωή" βρε παιδί μου!

[Injektilo]

hehehehe :) nice idea... the logo is in orange though :P

[DirectPixel]

Looking good. Now just change the color of the forum border and the navigation button bar. ;)

[Injektilo]

90% done with the website.

I didnt include the footer images so far, i've changed the tabs a bit and the logo is not ready yet, so i am using a placeholder for the logo :)

http://www.katsekala.com/forum

Directpixel plz let me know what i need to change so i'll be legal for me to use this style :)

[FleaBag]

Still looks like a rip to me. Not meaning to offend Injektilo, it just does lol.

[Injektilo]

i respect ur opinion no worries :) just keep in mind that still, i've made all images myself

[DirectPixel]

Still looks blue to me.

And I *really* think you should change up the header more. Right now, even though you're making an attempt to set it apart, it still has a huge resemblance to vB.org

[Injektilo]

I've just made a style 100% identical to vb.org smooth blue style. ALL images are made from me! (Did not copy them from vb.org) and i have the .psd for 'em.

My question is it illegal or ... not cool to use it? And if so, will it be ok to use it with different colors etc?



As i said on my 1st post, I was trying to build the same style from scratch... i wasn't attempting to make a similar one, but the same :)

Thats why i was asking if its illegal or not since everything in this template was done by me ... :p

[Corriewf]

I dont think it is that much alike....Maybe the status icons could be changed a little more.... I really think the ones here are not that good on the style in question anyhow...

[Tony G]

You've stolen the idea though - and ideas can be copyrighted, so long as they can prove they came up with it before you.

[Princeton]

1)__ remove the black 'bar' on the header -- it looks cheesy
2)__ change the statusicons (and some others) -- it looks identical to what we have here
3)__ change the background image on tcat, etc -- create your own image
4)__ make sure you are not using code (html source code) found here

When you do all of the above you can claim it as your own.

With that said, I don't know why you would want your site to look like another site.

An "idea" cannot be copyrighted ... you can only protect how the idea is used or put into practice.
If an "idea" could be copyrighted, we would all be drinking Coca-Cola and driving Fords.

[DirectPixel]

You've stolen the idea though - and ideas can be copyrighted, so long as they can prove they came up with it before you.
Unfortunately, that is not true. Ideas can be patented, not copyrighted.

As i said on my 1st post, I was trying to build the same style from scratch... i wasn't attempting to make a similar one, but the same :)

Thats why i was asking if its illegal or not since everything in this template was done by me ... :p
If you're trying to build the same style from scratch, then it is a copyright violation.

It doesn't matter how you arrive at the final result. As long as your final result looks identical or is above all a derivative work of the original, you are violating copyright law.

[EricaJoy]

Well, it looks good to me Injektilo. Whenever you get it tweaked to meet the requirements of vb.org, I hope you release it. A site I admin loves the smooth blue style and would be happy to get even a derivative of it.

[Injektilo]

Whenever you get it tweaked to meet the requirements of vb.org, I hope you release it.


thats what i intend to do :)

[who is chris c]

just switch the direction of the arrows in the status icons for the threads (it still shows its inspiration but its different

[Injektilo]

Corriewf this could worth to mention on your next vb Cast ... When is a style or some elements of a website can be considered as illegal due to copyrights :) :p

[DirectPixel]

Corriewf this could worth to mention on your next vb Cast ... When is a style or some elements of a website can be considered as illegal due to copyrights :) :p
This issue is pretty much black-and-white, from a legal perspective.

In your case, the simple existence of this thread serves as more than ample evidence that whatever product of your work will legally be considered a derivative work. You have obviously been taking bits and pieces of the original and changing and/or remaking them. Reproduction of original copyrighted material in whole or in part is illegal unless explicitly authorized by the copyright holder (which is vBulletin.org in this case).

I'm not sure about any PM messages you've exchanged, but I don't see any explicit authorization from the copyright holder in this thread.

[Injektilo]

will contact vb.org then to ask about this....

but i didnt understand what do u mean about the pm msgs?

[Corriewf]

Corriewf this could worth to mention on your next vb Cast ... When is a style or some elements of a website can be considered as illegal due to copyrights :) :p
Ewww! I try to stay away from legal issues like this... But I would love to discuss it with The Internet lawyer a.k.a Erwin...... :D


The problem in the internet world is that laws applicable here are not applicable there.... I could tell you that you are wrong as hell right now, but in your country, you could be ok... Liability/copyright is a pita...


Thats why im shooting for Family and Estate. ;)

[Injektilo]

actually laws are pretty much the same here.. but anyway :) i'll here it straight from vb cuz i've send a pm to one of the admins

[Corriewf]

actually laws are pretty much the same here.. but anyway :) i'll here it straight from vb cuz i've send a pm to one of the admins

I do not know where here is..... Wasn't the style in question a result of some sort of contest.... I can't remember...


Goodluck man. I hope they give you the green. :D

[smacklan]

Rather than go to all this trouble and have people doubt your motives, why not make something completely original? I mean, who would want a style (even if it is a good one) that was inspirationally ripped from another to the point of looking very similar? I have no problems with inspiration if it is techniques and whatnot, but yours takes it too far imho.

[Injektilo]

Rather than go to all this trouble and have people doubt your motives, why not make something completely original? I mean, who would want a style (even if it is a good one) that was inspirationally ripped from another to the point of looking very similar? I have no problems with inspiration if it is techniques and whatnot, but yours takes it too far imho.


- i have many styles that i've created myself...
- I do want this style (i like it) and A LOT more people that you can imagine want it too :)

[Roms]

Honestly, you're trying to justify using it when in fact it's not your idea or style. Legal or not you shouldn't be using it.

So if I go out and copy VBulletin's codes exactly and name it IBulletin is it okay because I typed it? The answer is still no.

So what if you re-drew everything, you still copied the design. A design that is copyrighted.

Make an original style. Don't copy DP's and call it yours. Not cool

[Injektilo]

Honestly, you're trying to justify using it when in fact it's not your idea or style. Legal or not you shouldn't be using it.

So if I go out and copy VBulletin's codes exactly and name it IBulletin is it okay because I typed it? The answer is still no.

Make an original style. Don't copy DP's and call it yours. Not cool


its clear that you missed the whole point here...This style is not my idea! Thats the fact here. I just rebuilded the whole template from scratch, gonna giv it a lil twist and use it...if its accepted from the admins

[Roms]

its clear that you missed the whole point here...This style is not my idea! Thats the fact here. I just rebuilded the whole template from scratch, gonna giv it a lil twist and use it...if its accepted from the admins

Yep, you're right I've missed the point and that's why you're claiming credit for the design at the bottom of your site "SmoothBlue v2 Style By Injektilo."

So what if you rebuilt it from scratch. You rebuilt it to look exactly like thiers. you COPIED it.

Copied, Rebuilt, Stole, Borrowed call it what you want.

[Injektilo]

Yep, you're right I've missed the point and that's why you're claiming credit for the design at the bottom of your site "SmoothBlue v2 Style By Injektilo."

So what if you rebuilt it from scratch. You rebuilt it to look exactly like thiers. you COPIED it.

Copied, Rebuilt, Stole, Borrowed call it what you want.

if i wanted to steal the style, believe me i would be posting it in here or emailing the admins about it :cool:

[Roms]

if i wanted to steal the style, believe me i would be posting it in here or emailing the admins about it

Guess what? You already have stolen it. You're asking for permission after the fact.

[Injektilo]

too bad...i am too young to go to jail :| Anyway, will stop ignoring your 'attack' and wait for one of the admins to let me know what i can do. FYI, in this whole thread i was ok with everyone, didn't criticise anyone's opinion...just read and kindly replied to everyone.

[Roms]

That fact that I'm telling you that you have stolen someones design doesn't mean that I'm attacking you. If you want to take it like that I guess there's nothing I can do, I'm sure many others will have the same "opinion" as me. I guess they'll be "attacking" you too. LOL

too bad...i am too young to go to jail :|

You take it lightly because you know there isn't much that can be done against people who copy others material.

I've said what I felt and I'm sure you don't like it but it's true.

[Injektilo]

Try to read...and understand.... What you said is already been said...but saying it 20 times, thats annoying.

I've just made a style 100% identical to vb.org smooth blue style. ALL images are made from me! (Did not copy them from vb.org) and i have the .psd for 'em.

My question is it illegal or ... not cool to use it? And if so, will it be ok to use it with different colors etc?

Please don't go against me now, i just had a lot of time in my hands and did this style since i couldnt think one of my own :P

---> Peace! <---

[Corriewf]

Yep, you're right I've missed the point and that's why you're claiming credit for the design at the bottom of your site "SmoothBlue v2 Style By Injektilo."

So what if you rebuilt it from scratch. You rebuilt it to look exactly like thiers. you COPIED it.

Copied, Rebuilt, Stole, Borrowed call it what you want.

So what if someone made a style that looked XP?

[EricaJoy]

So what if someone made a style that looked XP?or better yet, what if someone made an OS that looks like OS X? :speechless:

[Corriewf]

or better yet, what if someone made an OS that looks like OS X? :speechless:


At the end of the day, there are thousands on thousands of styles out there that look much like each other in someway......Heck I know of a couple of style for other softwares like IPB and PHPBB that were converted to vB. No one is complaining about that..... :confused:

[DirectPixel]

Try to read...and understand.... What you said is already been said...but saying it 20 times, thats annoying.
Okay, want to hear my official stance about this? I personally think you should not be making this style in the first place.

If anybody were to release the SkyBlue skin to the public in conjunction with the admins at vB.org, it'd be me.

You mean well with all the time and effort you've put into your project, but at the end of the day, like infantrymen mentioned, you're seeking to obtain permission after the fact. Which, by the way, is completely illegal.

Creating an existing skin from scratch is painstakingly easy. There is no creativity involved and everything becomes so much easier to do when you can simply use the eye-droplet tool to obtain an exact color scheme. Whether you created the skin from scratch or not, I simply don't care. The fact of the matter is: your end-result intentionally looks almost exactly like vBulletin.org's skin. And have you obtained permission yet? No. Therefore, you are currently in violation of US and international copyright laws. Which means, if I wanted to, I can easily mail off a templated DMCA violation letter to your host and ISP and get you shut down. Luckily for you, I wont.

At the end of the day, it seems to me as if you're going to be going ahead with this either way. It sounds to me as if you are simply trying to seek official permission to justify what you plan on doing anyways. Why else would you spend all the time and effort up-front?

Me, along with quite a few other members of the forums, have expressed our opinions against your stated intentions. Whether or not you go through with this is ultimately your choice--but at least have some respect for the original author. You come in here showing off this skin with barely any prior notice to either me nor the vB.org staff, and worse yet, you don't even mention vBulletin.org nor my name in the footer. That's just not nice. :)

At the end of the day, there are thousands on thousands of styles out there that look much like each other in someway......Heck I know of a couple of style for other softwares like IPB and PHPBB that were converted to vB. No one is complaining about that..... :confused:
Just because there are a lot, does not in any way make the act of doing it legal.

[Trigunflame]

Im not brushed up on copyright laws, but Im pretty sure its not illegal to create something that "looks" like "something" as long as its not a trademark, logo etc..

The bulk of vbulletin styles are nothing more than color codes in the first place; and im pretty sure you cant copyright that ;)

What is this style if you want to get specific.. blue with transparent clouds and some line work; this is not the first of its nature and its not unique.. ive seen many like it and actually have got an opinion from many graphics artist saying the design of this theme was copied from another site..

Now im not liberty to say whether it is or not, I dont care.. im not a graphics person but Im pretty sure it would not be against the law for this guy to create a theme based off his original work with inspiration from another work.

Regardless if you or vbulletin.org give him permission or not.

[Roms]

Okay, want to hear my official stance about this? I personally think you should not be making this style in the first place.

If anybody were to release the SkyBlue skin to the public in conjunction with the admins at vB.org, it'd be me.

You mean well with all the time and effort you've put into your project, but at the end of the day, like infantrymen mentioned, you're seeking to obtain permission after the fact. Which, by the way, is completely illegal.

Creating an existing skin from scratch is painstakingly easy. There is no creativity involved and everything becomes so much easier to do when you can simply use the eye-droplet tool to obtain an exact color scheme. Whether you created the skin from scratch or not, I simply don't care. The fact of the matter is: your end-result intentionally looks almost exactly like vBulletin.org's skin. And have you obtained permission yet? No. Therefore, you are currently in violation of US and international copyright laws. Which means, if I wanted to, I can easily mail off a templated DMCA violation letter to your host and ISP and get you shut down. Luckily for you, I wont.

At the end of the day, it seems to me as if you're going to be going ahead with this either way. It sounds to me as if you are simply trying to seek official permission to justify what you plan on doing anyways. Why else would you spend all the time and effort up-front?

Me, along with quite a few other members of the forums, have expressed our opinions against your stated intentions. Whether or not you go through with this is ultimately your choice--but at least have some respect for the original author. You come in here showing off this skin with barely any prior notice to either me nor the vB.org staff, and worse yet, you don't even mention vBulletin.org nor my name in the footer. That's just not nice. :)


Just because there are a lot, does not in any way make the act of doing it legal.

I could not agree more.

(Originally Posted by Corriewf) At the end of the day, there are thousands on thousands of styles out there that look much like each other in someway......Heck I know of a couple of style for other softwares like IPB and PHPBB that were converted to vB. No one is complaining about that.....

Just because people aren't complaining doesn't make it right.

(Trigunflame) Im not brushed up on copyright laws, but Im pretty sure its not illegal to create something that "looks" like "something" as long as its not a trademark, logo etc..

The bulk of vbulletin styles are nothing more than color codes in the first place; and im pretty sure you cant copyright that

What is this style if you want to get specific.. blue with transparent clouds and some line work; this is not the first of its nature and its not unique.. ive seen many like it and actually have got an opinion from many graphics artist saying the design of this theme was copied from another site..

Now im not liberty to say whether it is or not, I dont care.. im not a graphics person but Im pretty sure it would not be against the law for this guy to create a theme based off his original work with inspiration from another work.

Regardless if you or vbulletin.org give him permission or not.

Similar or not the fact is he did copy this style pixel for pixel. It's exact and that's what he intended, there was no "inspiration" what so ever. Now he wants everyone to validate him and say it's okay. It's already been copied, why is he asking permission now???

[Erwin]

I've just made a style 100% identical to vb.org smooth blue style. ALL images are made from me! (Did not copy them from vb.org) and i have the .psd for 'em.

My question is it illegal or ... not cool to use it? And if so, will it be ok to use it with different colors etc?

Please don't go against me now, i just had a lot of time in my hands and did this style since i couldnt think one of my own :P

Peace!

If your style is 100% identical to vb.org smooth blue style, as your first post admits, then you are stealing our copyright which belongs to vB.org as donated by DirectPixel, and you need to cease using that style immediately.

You admit copying the style because you "couldnt think one of my own". How you copied it doesn't matter - it makes no difference that you made the images yourself - so what? If it's 100% the same, it's copyright infringement and illegal.

If the style is substantially different however, then it would be okay.

[DirectPixel]

Im not brushed up on copyright laws, but Im pretty sure its not illegal to create something that "looks" like "something" as long as its not a trademark, logo etc..

The bulk of vbulletin styles are nothing more than color codes in the first place; and im pretty sure you cant copyright that ;)

What is this style if you want to get specific.. blue with transparent clouds and some line work; this is not the first of its nature and its not unique.. ive seen many like it and actually have got an opinion from many graphics artist saying the design of this theme was copied from another site..

Now im not liberty to say whether it is or not, I dont care.. im not a graphics person but Im pretty sure it would not be against the law for this guy to create a theme based off his original work with inspiration from another work.

Regardless if you or vbulletin.org give him permission or not.
His style can be either classified as a copy or as a derivative work. In either case, it is illegal for him to use this without obtaining consent first. The owner of the copyright has exclusive rights to: reproduce, distribute, perform publicly (a web page on a server, in this case), prepare derivatives. (Section 106)

I can assure you that this style is 100% original. If you could PM me the URL of the site which you believe this style to be copied from, I will be more than happy to clarify any details with you.

US district and federal courts have ruled time and time again in cases concerning artistic expression and intellectual property that it is not the individual elements of a piece that is copyrightable, but the entirety of the work and the coming together of the pieces.

When you to take your logic of "What is this style if you want to get specific.. blue with transparent clouds and some line work" to its logical conclusion, you will realize that with a break-down definition like that, not a single digital work would be able to be copyrighted. This is certainly not the case.

[smacklan]

Well, I'd say the answer has been given. DP has a problem with it as well as Erwin. You may be completely innocent in your intent (and I'll give you the benefit of the doubt in that), but a policy of asking for forgiveness rather than permission will not serve you well. If you are serious about doing design work with vB and being involved in this site, you would be well advised to say, "yep, everyone is right and I was wrong...I will delete it all and learn from it". That would be the wise approach to take at this point.

Just my 2 cents ;)

[Trigunflame]

US district and federal courts have ruled time and time again in cases concerning artistic expression and intellectual property that it is not the individual elements of a piece that is copyrightable, but the entirety of the work and the coming together of the pieces.

And you think any court would waste its time on upholding the copyright law of a vbulletin style?

That is laughable.

When you to take your logic of "What is this style if you want to get specific.. blue with transparent clouds and some line work" to its logical conclusion, you will realize that with a break-down definition like that, not a single digital work would be able to be copyrighted. This is certainly not the case.

No, I think the work would have to show a lot of creativity unqiue to the design; as I said earlier this particular design is not something "Unique"; ive seen many similiar type of site layouts.

Something unique to me.. would be like worldofwarcraft.com etc; something not like any other site layout you have seen.

---------------

In any case, if he copied your layout pixel for pixel as erwin said I would consider that an infringement and breaking the law.

However if as I stated earlier he created his own work inspired from what hes seen ie. your style I dont believe there would be anything anyone could do about it; not they really could anyway...

ps. I do like the style however and am using it now on Vbulletin.org; am not punning your work.

[Roms]

And you think any court would waste its time on upholding the copyright law of a vbulletin style?

That is laughable.



No, I think the work would have to show a lot of creativity unqiue to the design; as I said earlier this particular design is not something "Unique"; ive seen many similiar type of site layouts.

Something unique to me.. would be like worldofwarcraft.com etc; something not like any other site layout you have seen.

---------------

In any case, if he copied your layout pixel for pixel as erwin said I would consider that an infringement and breaking the law.

However if as I stated earlier he created his own work inspired from what hes seen ie. your style I dont believe there would be anything anyone could do about it; not they really could anyway...

ps. I do like the style however and am using it now on Vbulletin.org; am not punning your work.

"However if as I stated earlier he created his own work inspired from what hes seen ie." Again, no it is not inspired, he even said it himself. But you're right there is probably little to nothing that can or will be done. The only thing that can be done is for him to be true to his word and remove or change the style (customize it distinctly different) once he heard from the admins (which he now has).

[DirectPixel]

And you think any court would waste its time on upholding the copyright law of a vbulletin style?

That is laughable.My point wasn't that this case is going to be brought up in court. I highly doubt vBulletin.org will be taking him to court anytime soon.

My point is, is that what he's doing is illegal. United States courts operate on a system of common law, which is based on precedents.

Anyways, back to the original topic of this thread.

I've just made a style 100% identical to vb.org smooth blue style. ALL images are made from me! (Did not copy them from vb.org) and i have the .psd for 'em.

My question is it illegal or ... not cool to use it? And if so, will it be ok to use it with different colors etc?Given that you have not obtained permission, the answer would be yes. It is indeed illegal for you to use it.

[Corriewf]

Yes, the border becomes quite grey doesnt it?

This is an art after all, lots of artists can paint the same picture in different ways.... ;)

Take a look at this, might have a different header but one could argue you or he were inspired from each other..

http://www.extremepixels.com/forum/index.php?styleid=41


I wonder if Bill Gates was contacted for permission over this...

https://vborg.vbsupport.ru/showthread.php?t=88373


Oh no Billy, we got another one:

https://vborg.vbsupport.ru/showthread.php?t=90209
What is my point you may ask? Well, is it what you emulate or how you do it that matter?
http://vbskinworks.com/forum/?styleid=196


We all get inspired by things that already exist...It is how we create it that matters....

[Nutz]

Take a look at this, might have a different header but one could argue you or he were inspired from each other..

http://www.extremepixels.com/forum/index.php?styleid=41

Please check DP's portfolio.

Thanks,
Mat

[Roms]

Yes, the border becomes quite grey doesnt it?

This is an art after all, lots of artists can paint the same picture in different ways.... ;)

Take a look at this, might have a different header but one could argue you or he were inspired from each other..

http://www.extremepixels.com/forum/index.php?styleid=41


I wonder if Bill Gates was contacted for permission over this...

https://vborg.vbsupport.ru/showthread.php?t=88373


Oh no Billy, we got another one:

https://vborg.vbsupport.ru/showthread.php?t=90209
What is my point you may ask? Well, is it what you emulate or how you do it that matter?
http://vbskinworks.com/forum/?styleid=196


We all get inspired by things that already exist...It is how we create it that matters....

Didn't we already go over the fact that even he admits it's a copy "100% identical to vb.org smooth blue style" and it was not insipired? Yes, so you are changing the subject and it's about him copying the style exactly not being inspired by it. What you have said is a mute point.

[DirectPixel]

Yes, the border becomes quite grey doesnt it?

This is an art after all, lots of artists can paint the same picture in different ways.... ;)

Take a look at this, might have a different header but one could argue you or he were inspired from each other..

http://www.extremepixels.com/forum/index.php?styleid=41
You do realized that I designed both those styles, right?

[Corriewf]

90% done with the website.

I didnt include the footer images so far, i've changed the tabs a bit and the logo is not ready yet, so i am using a placeholder for the logo :)

http://www.katsekala.com/forum

Directpixel plz let me know what i need to change so i'll be legal for me to use this style :)


I think he played nice but with answers like, " Still looks blue "....He decided to go the other route... How does the color have to do with it? Are colors copyrighted now?




Still looks blue to me.

And I *really* think you should change up the header more. Right now, even though you're making an attempt to set it apart, it still has a huge resemblance to vB.org

You do realized that I designed both those styles, right?

Nope.... But I have seen other styles that look alike... I don't know which style came first, the one here or the one there as it could of been converted over the years however didn't you say it was up to vb.org to give permission....Then theres one just like it selling elsewhere....Seems like vb.org kind of got the shaft on being unique... :rolleyes:

[DirectPixel]

I think he played nice but with answers like, " Still looks blue "....He decided to go the other route... How does the color have to do with it? Are colors copyrighted now?I'm talking about him changing the colors of the skin. He mentioned that he changed the colors from blue to green, but his preview was still blue. I was merely pointing out that his preview was not updated. It has nothing to do with whether or not colors are copyrighted or not (under normal circumstances, they are not).

Anyways, like I've said, this issue is closed. The original question posed by the thread starter has been answered. I don't see further discussions going towards a positive resolution.

[Corriewf]

Nope.... But I have seen other styles that look alike... I don't know which style came first, the one here or the one there as it could of been converted over the years however didn't you say it was up to vb.org to give permission....Then theres one just like it selling elsewhere....Seems like vb.org kind of got the shaft on being unique... :rolleyes:


Look, I have nothing vested here... I am unbiased. I wouldn't install the style if you released it yourself, just doesn't float my boat. But what about the above comments I made?

[Roms]

I think he played nice but with answers like, " Still looks blue "....He decided to go the other route... How does the color have to do with it? Are colors copyrighted now?

Then theres one just like it selling elsewhere....Seems like vb.org kind of got the shaft on being unique..

No, but when you copy the entire design as a whole then it is and you know it. Your point now is just to debate for debatings sake. You're points are really starting to go off into nowhere and criticizing the fact that his (DirectPixel's) style is similiar in other designs he himself has created (why wouldn't they be if they are done by the same artist???).

Like DP said "Anyways, like I've said, this issue is closed. The original question posed by the thread starter has been answered. I don't further discussions going towards a positive resolution."

[Corriewf]

No, but when you copy the entire design as a whole then it is and you know it. You're point now is just to debate for debatings sake. You're points are really starting to go off into nowhere.

Like DP said "Anyways, like I've said, this issue is closed. The original question posed by the thread starter has been answered. I don't further discussions going towards a positive resolution."


Everyone throws this term " exact " around as if he didnt change the header and buttons to some extent...

The main issue seems to be with colors as I have not seen any other examples given ?!?!?!?

How about, I make a style, give it to a site and tell them they have full control of it and all rights...Then make another style very very very similar to be sold by another company.... Then someone comes around and makes another style based off one of mine in scheme but uses his own images...... I do not see how any party can complain right now about this style when no action has been taken in just in prior situations...

[DirectPixel]

Everyone throws this term " exact " around as if he didnt change the header and buttons to some extent...

The main issue seems to be with colors as I have not seen any other examples given ?!?!?!?

How about, I make a style, give it to a site and tell them they have full control of it and all rights...Then make another style very very very similar to be sold by another company.... Then someone comes around and makes another style based off one of mine in scheme but uses his own images...... I do not see how any party can complain right now about this style when no action has been taken in just in prior situations...
Other than the blue color, the two styles share absolutely nothing in common.

The style that was created in this thread is a near-pixel-perfect clone of SkyBlue.

He changed the header and footer a litle bit, but it is obviously a copy of vBulletin.org (he even stated so himself).

Now, given these facts, I do not see what you are trying to debate about. All questions pertaining to the original thread have been answered with very little room for doubt from all parties involved. What do you need to prove?

[Roms]

Everyone throws this term " exact " around as if he didnt change the header and buttons to some extent...

The main issue seems to be with colors as I have not seen any other examples given ?!?!?!?

How about, I make a style, give it to a site and tell them they have full control of it and all rights...Then make another style very very very similar to be sold by another company.... Then someone comes around and makes another style based off one of mine in scheme but uses his own images...... I do not see how any party can complain right now about this style when no action has been taken in just in prior situations...

That's a great example, but in this case the style is copyrighted and what he did was copy copyrighted material. TYVM

Just because he changed 1% by adding a header doesn't change the fact that he admits (and we can see (http://www.katsekala.com/forum)) he copied 99.9% of the style (buttons, graphics, colors EXACTLY).

[Corriewf]

Other than the blue color, the two styles share absolutely nothing in common.

The style that was created in this thread is a near-pixel-perfect clone of SkyBlue.

He changed the header and footer a litle bit, but it is obviously a copy of vBulletin.org (he even stated so himself).

Now, given these facts, I do not see what you are trying to debate about. All questions pertaining to the original thread have been answered with very little room for doubt from all parties involved. What do you need to prove?


Something to prove? I have nothing to prove to anyone on this board or any party involved. :D

That's a great example, but in this case the style is copyrighted and what he did was copy copyrighted material. TYVM

Just because he changed 1% by adding a header doesn't change the fact that he admits (and we can see (http://www.katsekala.com/forum)) he copied 99.9% of the style (buttons, graphics, colors EXACTLY).

He made the button himself right? The graphics? The colors? I thought we said colors are not copyrighted?

TYVM? Thank you very much? Sounds like something someone that's becoming defensive would say.. You say there is nothing to debate yet you become defensive? ;)

I wonder if everyone that has made their own vB icon like the one used as a favicon or in avatars is also subject to copyright infringement due to being "similar"?

[Roms]

Something to prove? I have nothing to prove to anyone on this board or any party involved. :D



He made the button himself right? The graphics? The colors? I thought we said colors are not copyrighted?

TYVM? Thank you very much? Sounds like something someone that's becoming defensive would say.. You say there is nothing to debate yet you become defensive? ;)

I wonder if everyone that has made their own vB icon like the one used as a favicon or in avatars is also subject to copyright infringement due to being "similar"?

I think we're done as far as I'm concerned. Like I said before, it's been debated and that's all you want to do.

[Erwin]

I have no problem with people being "inspired" - that's okay. In this case, he admits to copying the style "100%" although he made his own images and code, but the style is identical from how he has described it. Making your own images and code makes no difference if you are copying another person's work. That is different to being "inspired".

[smacklan]

I wonder if Bill Gates was contacted for permission over this...

http://vbskinworks.com/forum/?styleid=196


We all get inspired by things that already exist...It is how we create it that matters....

I fail to see your point about this style? This is completely unique and uses nothing copyrighted to MS. The "x" image is similar but not the same. Either way, your off topic with the point you are trying to make in that if this style was created by MS and I copied it then yes, it's a rip. In this case it's not. ;)

[Roms]

I fail to see your point about this style? This is completely unique and uses nothing copyrighted to MS. The "x" image is similar but not the same. Either way, your off topic with the point you are trying to make in that if this style was created by MS and I copied it then yes, it's a rip. In this case it's not.

That's because she's sidetracking the main subject into tangents. it's a rip and he should remove it. That's that.

[Corriewf]

I have no problem with people being "inspired" - that's okay. In this case, he admits to copying the style "100%" although he made his own images and code, but the style is identical from how he has described it. Making your own images and code makes no difference if you are copying another person's work. That is different to being "inspired".

Erwin check out the link he posted. ;)

I fail to see your point about this style? This is completely unique and uses nothing copyrighted to MS. The "x" image is similar but not the same. Either way, your off topic with the point you are trying to make in that if this style was created by MS and I copied it then yes, it's a rip. In this case it's not. ;)

My point was the arguement of inspiration that has been given by others here... It is not exactly the same...Look bryond yout own site for the other examples posted.

That's because she's sidetracking the main subject into tangents. it's a rip and he should remove it. That's that.


Thanks for the sexchange...... :D


You can not provide valid or accurate points so you define mine as tangents and call me a woman? Whats next? Will my posts become a case of bad PMS? :rolleyes:

[Roms]

Erwin check out the link he posted. ;)



My point was the arguement of inspiration that has been given by others here... It is not exactly the same...Look bryond yout own site for the other examples posted.




Thanks for the sexchange...... :D


You can not provide valid or accurate points so you define mine as tangents and call me a woman? Whats next? Will my posts become a case of bad PMS? :rolleyes:

So he changed it 1% so what. He say's 100% LOL.
https://vborg.vbsupport.ru/showpost.php?p=928760&postcount=83

"Thanks for the sexchange...... :D" I know you wanna play and that's cool. I have no problem with you personally. ;)

[Corriewf]

So he changed it 1% so what. He say's 100% LOL.
https://vborg.vbsupport.ru/showpost.php?p=928760&postcount=83

"Thanks for the sexchange...... :D" I know you wanna play and that's cool. I have no problem with you personally. ;)


And I you.. :D

[smacklan]

What???? You're a guy??? there goes my weekend fantasy :p (j/k)

[Roms]

http://www.goinfantry.com/forum/imf_emo/laughinatya.gif

[Corriewf]

What???? You're a guy??? there goes my weekend fantasy :p (j/k)

You guys didn't listen to the podcasts yet? I think we will use this as a topic. :D Not my sex, but the designing styles/hack. I think there are a lot of greys in law as it is playing catch up.... :(

[Roms]

You guys didn't listen to the podcasts yet

link?

[Corriewf]

There have been two episodes. I have the link in my sig. :)