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Open letter to Aphelion

Discussion in 'General Discussion' started by norill, Feb 11, 2014.

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  1. Hello @Aphelion3371. I'm glad you liked my wizard mod. But maybe word "took" would be more appropriate, since you weren't grateful enough to even like its thread. However, I'd like to point out that you managed to violate every single part of it's license. In case you didn't read it - it is a Creative Commons Attribution-NonCommercial-ShareAlike license, with additional clause that colours my nickname orange on severs using that mod.
    It has 3 terms:
    • if you decide to use work under this license in your other work, you "must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use." You did none of this. In fact you even tried to claim authorship of my wizard mod, by adding following comments in my source files:
    • work under it may not be used for commercial purposes. You violated this term too, by trying to monetize my mode by selling VIPs on your server.
    • if you modify, transform, or build upon my wizard mod, you must distribute your contributions under the same free license as the original. However, you violated this too, by trying to impose your non-free license, as seen above.
    You also failed to fulfil obligation of colouring my nick orange on your server that uses my wizard mod, but i don't care about this part, since i never visit your server anyway. You probably also copied wizard animations made by @Diprog, without crediting him for his work.

    Congratulations, you managed to steal something that was free anyway.

    And here comes the best part: since you included my wizard mod in your roleplay mod the Share Alike part of the license requires you to publish it under the same free license. Which means anyone can freely use your roleplay mod, without your permission, as long as he complies with the CC-BY-NC-SA license! Thanks for putting so much work into this, our great kag community will surely benefit from it. I could even include changes you made to my wizard mod into the next update, but unfortunately they are below my quality standards.

    Now you have 2 options: you may exclude my wizard mod from your roleplay mod so it releases you from complying with free license and continue being a selfish dick no one likes.
    OR, you could change your attitude and start sharing things you create with our community.
     
    Last edited: Feb 11, 2014
    PUNK123, Fernegulus, Beef and 41 others like this.
  2. Klokinator

    Klokinator Such Beta
    1. Aphelion's Roleplay

    Messages:
    1,443
    I'm not going to pretend to know whether he took it or not, but I was under the following impressions.

    1. He used a recolored necromancer as the base sprite for his mod.
    2. He coded the mod to work completely differently from your mod. As I recall, yours was some thing that spawned when players got to a certain point on the scoreboard and a timer popped up, it was overpowered, teleported instead of invisibility (And I recall it using the Necromancer skin?), and was designed to be a Hero-style class instead of a normal class. A lot of this is fairly tiny technical edits to mechanics though so I could conceivably see it as being used and edited by Aph.
    3. Never heard of Diprog's mod. I think you should have linked that but I'll look at it.

    I told Aph that having a ViP donation service would come around to bite him in the ass though '3'


    Edit: Yeah, not seeing what part of the mod he took from you, exactly. The sprites are different and yours is literally the Necromancer. Would you point that out for everyone? Also can't find Diprog's mod either. Seriously, he hasn't posted anything.
     
    Last edited: Feb 11, 2014
  3. BlueLuigi

    BlueLuigi :^) Forum Moderator Donator Tester

    Messages:
    3,620
    Klokinator, since you don't know, don't post. Aphelion can post defending himself, stop doing so, since every time you do this you clearly have no idea what the fuck you're talking about. Nor do I, hence I have not posted, but I do know that norill would not make this thread lightly.
     
  4. Klokinator

    Klokinator Such Beta
    1. Aphelion's Roleplay

    Messages:
    1,443
    I just question whether he sent a pm first or said "let's cause drama" and posted. Having actually, you know, been there when Aph was first designing the wizard and helping him with balance testing, months and months ago, I'm not 100% clueless. I seriously doubt he stole it as I was with him testing for over 4 weeks before we made it public. He's being accused of sprite theft that isn't posted anywhere on the forums (That I can find, and I searched 5 terms and looked at all Diprog's posts) and code theft when I was there as he designed the wizard.

    Seems like pointless drama when this could have easily been a PM. But sure, I'll stay out after this post.
     
  5. Trumbles

    Trumbles Bison Rider

    Messages:
    458
    Honestly this kind of thing should be brought up to the community. He deserves to be called out on shit like this.
     
  6. BlueLuigi

    BlueLuigi :^) Forum Moderator Donator Tester

    Messages:
    3,620
    Aphelion caused drama the moment he stole code and this is not the first time. Once again, you can say what you want, but Aphelion has done this in the past, and norill has been an actual part of the community and is a tester.

    He's not being accused of sprite theft but of scripting theft, the fact that you can't read basic English is a big problem and one of the reasons you need to stop posting in these such threads, whether he PMed him first or not, this sort of thing given Aphelion's background should be public. Now stop responding to me in this thread so that we stop shitting it up and can wait for Aphelion's (never will happen) reply, so you can go back to riding that taffy butt.
     
    crawfish, MadDog, Stevedog and 8 others like this.
  7. i assure you this was exactly what happened, ask other testers

    if you want proofs you can just compare files in his mod with mine, eg. WizardMagicOrb.as from my mod and OrbTick.as from his. my mod is available in resources section. you would have to join his server to get his mod though.
     
  8. Aphelion

    Aphelion Wunderkind Donator
    1. Aphelion's Roleplay

    Messages:
    180
    Your post is misleading, I used mere snippets of your orb code in my scripts (they aren't entirely yours as your code is based on the original Necromancer script) but everything else was based on the Necromancer, both mods were based on the Necromancer that's why they seem so similar. You're going too far saying that I stole your mod entirely.

    All donations go to the upkeep of the server. My mod does not exist for commercial purposes.

    I don't want anymore drama, you'll be credited for your code and I apologize for not having done so already. I'm already planning to release my Roleplay mod after Viridi Militis is done, not because if I don't I'm a "selfish dick".

    ??
    • norill assumes that I stole animations by Diprog
    • BlueLuigi says "so you can go back to riding that taffy butt" (I'm not taffy butt and lets not get into that discussion)
    :huh?:

    @BlueLuigi you make me want to leave

    really?
     
    Last edited: Feb 12, 2014
    norill, Konfitur, Frederikam and 3 others like this.
  9. Klokinator

    Klokinator Such Beta
    1. Aphelion's Roleplay

    Messages:
    1,443
    the fact that you can't read basic English is a big problem and one of the reasons you need to stop posting in these such threads
     
  10. FuzzyBlueBaron

    FuzzyBlueBaron Warm, Caring, Benign, Good and Kind Philanthrope Global Moderator Forum Moderator Donator Tester
    1. The Young Blood Collective - [YB]

    Messages:
    2,508
    @Klokinator, you are a bystander in this --reasonably damning, which ever way things fall-- thread. Please gracefully bow out and leave the floor clear for @norill and @Aphelion3371. If you cannot do this then I will be forced to gag you in the General Discussion until this thread resolves itself.

    @BlueLuigi, I trust that with Klok not posting you too are done here. Thanks.
     
    Vampire, Stevedog, Mazey and 3 others like this.
  11. Diprog

    Diprog Bison Rider Tester
    1. FUN Servers

    Messages:
    149
    You can't find "Diprog's mod" cause it's called as "The FUN CTF" tiny.cc/funservers. If admin thinks that it's spam you can delete this message :). It makes no sense to post FUN mod in recources because nobody can use any part of this mod. Did Aphelion3371 steal animations? I need to check it. No, he didn't. Compare "FUN" mod wizard, necromancer and "RP" mage.
     
    Last edited: Feb 12, 2014
  12. Duplolas

    Duplolas So Sad

    Messages:
    917
    I'm just curious as to what "commercial" means in this sense. In a way, you are making money off the server in that it is less money that you have to pay out of your pocket for the server. You are not gaining a profit technically, but you are still receiving money.

    Although, if you receive enough "donations" to cover your server costs, which they could, what would happen to the money that exceeds the amount needed to maintain your server? I understand that you could simply say "It goes to any future server costs", but you still essentially are now gaining a profit from the server.

    Sorry if it is not place place to step in, I am just curious as to the general rules on this issue; or if these rules still even apply since you stated that you used "snippets" rather than the entirety of the code.
     
  13. Under the current Creative Commons Attribution-NonCommercial-ShareAlike license, even if Aphelion merely uses snippets of Norill's code, he must state so, and follow the clause that Norill's name appears orange. He must also give credit to Norill for the code snippets.

    Regarding "commercial" and "non-commercial" - It is most definitely not for charity! Those of you who donate are effectively paying for a service.

    EDIT: With this license, Aphelion is free to do the following:

    • Copy and redistribute the content
    • Remix/transform/build upon the content
    • MUST give appropriate credit: ie, he must credit Norill for his work, and provide a link to this license within the mod
    • Non-commercial - he may not use the for commercial purposes - ie. selling it for a price. Donations are fairly acceptable, as they are independent of the services the mod provides.

    However, as the file is in the public domain, ie. KAG's Resources subforum, this license is not binding. If Norill provided it purely from his own server, then the license would have to be adhered to.
    (I think. Legalguys back me up)
     
    Last edited: Feb 12, 2014
    Solaris, FuzzyBlueBaron and norill like this.
  14. Duplolas

    Duplolas So Sad

    Messages:
    917
    So when norill states that, is he correct in this statement? That, he is not allowed to have any form of VIP services that require payment? @LordReudh
     
  15. Frederikam

    Frederikam Drill Rusher

    Messages:
    88
    If Aphelion is really just using "mere snippets of your orb code" then I consider that as fair use. Fair use is permitted no matter what license you use.

    (This quote is in Aphelions favor, as he's probably not making a profit from donations).
     
  16. Yes. No VIP services that are directly tied to benefits on the server related to the mod.
    --- Double Post Merged, Feb 12, 2014, Original Post Date: Feb 12, 2014 ---
    Just because the donations are not profiting Aphelion does not make it non-commercial. And fair use does not apply as it is already under license.
     
  17. WarrFork

    WarrFork フォーク Donator Tester

    Messages:
    1,412
    As I can understand their posts weren't the most usefull in here, norill clearly made a open letter in the forum. Telling them they shouldn't post in here is a bit non-sense. Posting such a thing in here was clearly going to bring that kind of stuff. It would even be better if it was just locked and taken privately with those guys.

    If norill was asking for a more serious/private conversation, he had the choice to pm him with a mod or something to make them aware of the situation.

    He may deserve it but it just bring bullshit, this thread is such a drama maker.
     
    Nivlac_13, norill, rocker2 and 3 others like this.
  18. this is not what a "public domain" is. public domain is when intellectual property rights have expired, because the author is long dead. as you can see, i'm pretty alive. also the way how the work is being distributed doesn't influence its license. anyway, someone call @Boxpipe.

    The whole orb control code is mine, way too much to be called "a snippet". Oracle once sued Google over 9 lines of stolen code.

    Also Fair use is a very vague term in US law, so it is hard to draw a clear line on what's fair and what's not. In other countries this term is a bit better defined, and it says that fair use include using fragments of work for educational purposes, in a news report, in a quote justified by "explaining, critical analysis, teaching or laws of work's genre" or in a satire. None of this apply in our case.
    But both US and other countries' law agree that if you use other works for personal gain then it's most certainly not fair use. And some people seem to forget, that personal gains are not only material. I've seen pubs praise Aphelion for his "omg best mod evr!!!11" There is a sample from his profile page:
    (i'm not making this up, his name really is xXLONGSHOTXx lol)
    This seems wrong when not all this "good work" is his work. Especially when he advertises his server like this in it's thread:
    We could argue over this fair use, public domain and other legal gibberish whole day, but what's the point? I've released my mod to community for free, I only want credit for the work i put into it. Is that too much? Can't you show just a little bit of gratitude?
     
  19. UnnamedPlayer

    UnnamedPlayer Arsenist Administrator Global Moderator Tester
    1. MOLEing Over Large Estates - [MOLE]

    Messages:
    752
    I believe there are some missconceptions in this thread, I'll try to point out some that I noticed.

    Actually, the mod from resources is shipped with a License.txt that binds it to the same terms. Just because it's posted in a public environment it does not mean it's public domain, in the same way that producers post videos on youtube but still keep some rights over it.

    What you "consider" is not relevant to the discussion, here is a snippet from www.copyright.gov
    The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”
    Aphelion's use of norill's does not fit in any of the above definitions, and even if it did, fair use does not substitute acknowledging the source (or claiming to be the source, in this case). The exception to that is accidental use, which isn't the case since aphelion already admitted taking parts from norill's code.


    About if Aphelion's use is commercial or not, CC Attribution-NonCommercial-ShareAlike states that you cannot use it in any manner directed toward private monetary compensation. Aphelion receives monetary compensation for a service (privileges in a game server). This service uses norill's work. So, as far as I can tell, Reudh is correct here, and this use is not allowed by the license.

    As Aphelion is aware (since I'm sure he carefully read the terms of licenses of all the mods he used) this also binds his mod, from which norril's work is a part, to the same terms, granting everyone the right to share it under the same terms.

    I agree with Warrfork that this should be a public discussion, although posts that add nothing to it should be deleted.
    I'd ask you folks to only post if you got something to add, and to refrain to give baseless opinions or throw insults around based on one's preferred method of evacuating oneself.

    In this case, I believe that Aphelion made a mistake and that he'll soon correct his server description, grant VIP status to norill (this is part of the license the mod is under) and label his mod under the correct license.
    That said, I'd like to hear an instance on the devs on how claiming rights over other people's work will be deal with in future cases when someone refuses to be as cooperative as Aphelion is being, or if it will be dealt with at all. If someone make a bunnyfection server named "check out this new mod I made", will this server be unlisted, or it's up to the community to let players know the true authors of that work?
     
    Last edited: Feb 12, 2014
  20. Chaoticredux

    Chaoticredux Shopkeep Stealer

    Messages:
    84
    There is no point for this thread other then public shame. IMO norill has no grounds to argue on , the necromancer was a creation of the devs. Tweak some scripts and now you own it :huh?:.
     
    Klokinator likes this.
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