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M600 (symbian) themes |
spmdesign
Joined: Jul 17, 2006
Posts: 2
PM |
hello Lucas, i`m a reader here on esato from a long time. Now i`ve registered to end this conflict. You are right , i used ONLY the background and status bar from your themes ( not all theme, but is not an excuse) , downloaded from rapidshare some time ago, now i see that are on mobile 9. I removed the product from Handango and i`ll modify the themes before uploading again. I`m sorry for any problems. I hope we can solve this without Handango and you can inform them about that. I removed the M600 themes and i already replaced the status bar and background with something made by me.
Sorry again.
[ This Message was edited by: spmdesign on 2006-07-17 18:04 ] |
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Lucas
Joined: Mar 18, 2002
Posts: > 500
From: A Galaxy far, far away...
PM |
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On 2006-07-17 18:38:11, spmdesign wrote:
hello Lucas, i`m a reader here on esato from a long time. Now i`ve registered to end this conflict. You are right , i used ONLY the background and status bar from your themes ( not all theme, but is not an excuse) , downloaded from rapidshare some time ago, now i see that are on mobile 9. I removed the product from Handango and i`ll modify the themes before uploading again. I`m sorry for any problems. I hope we can solve this without Handango and you can inform them about that. I removed the M600 themes and i already replaced the status bar and background with something made by me.
Sorry again.
[ This Message was edited by: spmdesign on 2006-07-17 18:04 ]
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Hey man,
I will talk to Handango, dude. But what you did is not okay.
A bit of advice to you, is to read copyright laws (www.copyright.gov). Since they also state that you may not sell images that you have not created yourself (or is beyond recognition of its original stature). Hence, you are not allowed to use Microsoft ore any other images that you have not created yourself for that matter. You are not allowed to distribute Sony Ericsson Copyright themes in a product you sell (even if it is only as a service). If Microsoft gets a hold of you, what I have done is nothing compared to what they will do to prove a point. That’s why my themes are free and not for sale, since I do not own the rights of the images, but I do own the right of the creation or parts of a theme that I have created, (ie layers, image cuts or an “idea” for a theme).
Copyright is by law given to the person who publishes the idea, image, compilation of images or in our case a theme, first. So, on our case me.
I am not the person to hold a grudge and do accept apologies, so I have written the following to Handango:
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Hi,
S-PM Design has contacted me after I published my email to you on Esato.com and Mobile9.com (within the threads I mentioned in my email). He has shown me sufficient regret for his mistake and I will therefore withdraw my complaint. I hope that Handango or S-PM Design will donate the money earned on these themes to the fund I mentioned in my complaint. I will however leave that up to you, since I am now convinced that S-PM Design will not repeat their mistake and will in the future ensure that the company does have Copyright on the contents they sell through Handango or any other channels.
I do regret spending $10 on themes to verify that S-PM Design did copy my work.
Best regards
Luc
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I hope that this will end our dispute.
/Luc
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spmdesign
Joined: Jul 17, 2006
Posts: 2
PM |
thank you for understanding. i`ll contact handango to see what can we do with the money, i have no problem donating that amount for a good cause. thank you for explaining me the rules of copyright... now all my themes will be redesigned with my own creation. Thanks again. |
urbanomad
Joined: Jul 15, 2006
Posts: 3
From: Barcelona
PM, WWW
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I use the default theme and have deleted the other three that came on my m600 as they are all disgusting. |
Lucas
Joined: Mar 18, 2002
Posts: > 500
From: A Galaxy far, far away...
PM |
I just posted this second generation Windows Vista theme on M9, complete with the new Vista sounds. Let me know what you think.
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RogueJay
Joined: Aug 03, 2004
Posts: 17
PM |
Lucas,
Thought you might like to see the response I got today on the SE developers forum, with regards to the theme creator program.
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As you have figured out we have had some problems with the tool for the M600.
A new version will be released early next week that will take care of this
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[ This Message was edited by: RogueJay on 2006-07-19 09:22 ] |
Lucas
Joined: Mar 18, 2002
Posts: > 500
From: A Galaxy far, far away...
PM |
@ RoughJay,
Thanks mate! Realy nice.
FYI: I uploaded a new version of the 2nd Generation of vista themes, since the first one did not have the right sounds in it.
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amr999
Joined: Jun 18, 2002
Posts: 27
PM |
Dear Lucus,
Welcome back to creating themes for M600i. You are putting great efforts in your themes and from my side i appreciate your themes.
Amr
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Lucas
Joined: Mar 18, 2002
Posts: > 500
From: A Galaxy far, far away...
PM |
Thanks mate!  |
Andresin
Joined: Jul 05, 2006
Posts: 26
From: SWE
PM |
Thx a lot everyone who has made themes!! I´m still using one of the standard ones though since, though I´m sure you've put talent and effort into your themecreating, all the user created ones I tried had places where you could not read the text because it was the same colour as the background.
(Not to stick my nose where it don't belong but I would just like to say that US law is not universal, but pretty restricted territorially to the US. Of course I think copying someone else's work and than using it comercially is just plain wrong.)
[ This Message was edited by: Andresin on 2006-07-19 17:03 ] |
Lucas
Joined: Mar 18, 2002
Posts: > 500
From: A Galaxy far, far away...
PM |
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On 2006-07-19 18:01:07, Andresin wrote:
Thx a lot everyone who has made themes!! I´m still using one of the standard ones though since, though I´m sure you've put talent and effort into your themecreating, all the user created ones I tried had places where you could not read the text because it was the same colour as the background.
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I think that this will easilly be solved in the upcoming release of the theme creator. The current one is not so good in reflecting what can and canot be done.
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(Not to stick my nose where it don't belong but I would just like to say that US law is not universal, but pretty restricted territorially to the US. Of course I think copying someone else's work and than using it comercially is just plain wrong.)
[ This Message was edited by: Andresin on 2006-07-19 17:03 ]
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I totally agree with you when it comes to US law in general. However the Copyright laws are pretty simular in most parts of the world. If you read the Swedish "Upphovsratt" (http://www.notisum.se/rnp/SLS/LAG/19600729.HTM you will see that it gives you the same bill of rights as the American (http://www.copyright.gov/) and EU Copyright (http://ec.europa.eu/internal_market/copyright/index_en.htm)laws.
[ This Message was edited by: Lucas on 2006-07-19 18:01 ] |
Andresin
Joined: Jul 05, 2006
Posts: 26
From: SWE
PM |
Thx Lucas, I suspected it must be the theme creating software's fault.
I'm already familiar with swedish copyright law (being a swedish lawstudent ). Sure laws protecting intellectual property rights are pertty similar in a lot of legal systems. I don't know but I suspect some developing countries have pretty diferent laws though. You were also talking about protecting ideas, which for example can't be done under swedish law (Yes, even after 2005 amendments). I think I'll stop my OT ramblings for now .
EDIT: An artistic compilation is more than an idea - Are Win Vista or similar themes artistic compilations? Do they have their own artistic value? I'm sort of doubting even the originals have artistic value. I might be way off though.
[ This Message was edited by: Andresin on 2006-07-19 20:38 ]
[ This Message was edited by: Andresin on 2006-07-20 01:05 ]
[ This Message was edited by: Andresin on 2006-07-20 01:58 ] |
Lucas
Joined: Mar 18, 2002
Posts: > 500
From: A Galaxy far, far away...
PM |
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On 2006-07-19 21:37:34, Andresin wrote:
I'm already familiar with swedish copyright law (being a swedish lawstudent ).
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Just a small thought to your legal studies, mate. Please read the amendments made on the Swedish Copyright law on the first of July 2005. The amendments were made to adjust in accordance to the technical evolution with creative ideas in mind and are purely based on the EU directive, ie. EU Copyright Law. Talk to your professors, dude, and they will tell you that patent is commonly used for protecting a technical solution and copyright is used to protect a technical idea, for example the idea of a computer game. So,
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| You were also talking about protecting ideas, which for example can't be done under swedish law. |
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With the amendments made in the Swedish Law, I can protect my artistic compilation with support of the Swedish Copyright Law.
Don’t go around assuming that I am a rookie, dude.
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CT2
Joined: Jul 19, 2006
Posts: 5
PM |
Thanks Lucus, I really love the theme... would be totally perfect if the menu at the bottom can be silver. Hope you don't mind I'm saying this. I wish you'll produce more great themes.
Many thanks. |
Lucas
Joined: Mar 18, 2002
Posts: > 500
From: A Galaxy far, far away...
PM |
@andreasin
Nice touch editing your post to make it look like you did know something about the adjustments made in the Swedish copyright law. If that makes you believe you will become a better lawyer, I think you are heading in the wrong direction. However, it is pretty clear that you do not know anything about the law itself.
Read the first Paragraph:
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| Swedish Copyright Law (1994:190) 1§
5th passage
Photographic work or any other compilation of artwork
9th passage
What it states in this law is said about computer programs shall in applicable parts even apply to design material for computer programs |
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Furthermore the copyright itself is protected by the second paragraph, when the material (or what you want to call it) when it has been publicly available.
Than I suggest you continue with the second paragraph and so on. For someone who has actually practice law, it is clearly obvious that you know nothing about it. Since this thread is not about some junior law student who is trying to show off his skills after reading a law book once, this discussion is ended now. You are welcome to discuss Copyright Law with me when you have actually practiced law and not just read about it in your school books. It is not up to me to teach you, I will leave that to your teachers.
In the meanwhile I must say this discussion is really putting me off theme making. You are defending the fact that someone took something I published for free and sold it himself. So, I can by this discussion assume that you are apposed me making the themes available for free.
In any case this discussion is now closed. Look in my themes for my email address and if you feel that ego has been boosted and you need retribution you are welcome to send any comments to my email. Leave this thread to theme making.
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On 2006-07-20 05:46:00, CT2 wrote:
Thanks Lucus, I really love the theme... would be totally perfect if the menu at the bottom can be silver. Hope you don't mind I'm saying this. I wish you'll produce more great themes.
Many thanks.
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What theme are you talking about, mate? |
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Posted: 2006-07-17 18:38
