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SLNN EXCLUSIVE: When the the rightful IP owner steps up
by Vryl Valkyrie
March 26, 2008 |
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| Textures sold at TRU dated July 06 showing minor modifications (on the right) to the original Marlin Studio textures on the left. |
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Editor’s note: SLNN exclusively reported last week that Vry Valkyrie had become the official reseller of Marlin Studio Textures at 3D Concepts, textures that had been sold within Second Life by at least one other for nearly two years. In the meantime, it also came to SLNN’s attention that TRU owner Lillybeth Filth removed Marlin Studio textures and Valve Corporation textures she had been selling. SLNN contacted Valkyrie to do a news story. After verifying all information given to SLNN in regards to this matter, it was decided that Valkyrie’s own words can best and most efficiently describe what has happened in this regard. Textures R Us owner Lillybeth Filth has been invited to comment. When 3D Concepts become an exclusive authorized reseller for Marlin Studio Textures inside Second Life, it came to my attention that Lillybeth Filth, owner of Textures R US, was selling both originals and derivatives of Marlin textures.
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After bringing this to Filth's attention, she posted an exchange of email on the SLEX forums and also handed it out in-world to show that she had the permission to resell Marlin Studios Textures. After issuing her a warning to cease and desist selling Marlin Studio textures, Filth did comply by removing thousands of Marlin and HalfLife 2 textures, apologizing, pleading ignorance and caling it a misunderstanding. Although I do applaud her for complying, I do not believe that she was innocent or ignorant of the fact that she had resold textures that she did not own the copyright to, especially as she is a strong advocate of Intellectual Property rights herself. Here is the exchange of emails:
“As an ammature commercial game graphic designer earning a living from my art work, I wondered of you could clarify your EUAL as I am unable to find it on your website.
I use high resolution photos I take myself and those I use from 3D Environmental Textures.
I mix, layer,blend various images from various sources and wonder if I bought your CDs whether this would be acceptable?
ie: I take a window from one of your CDs layer it onto my own wall, cut out and add alpha chanells, add drapes or maybe layer in a stained glass texture, add some
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When I purchased my textures from TRU I believed I was buying my textures from a reputable source.
Just another con-artist in SL? This is all very interesting and I would really like to see part two. When will Part 2 be up? |
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Posted By:
ATRUCUSTOMER NOMORE | Wednesday, March 26, 2008 04:31 PM
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| I too thought TRU was genuine but this makes me wonder, keep searching for good artists selling their own work in SL? |
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Posted By:
Connie Darcy | Wednesday, March 26, 2008 04:36 PM
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| This story is long overdue. It's old news, to people that make use of online texture retailers and collections. If a TRU artist claims copyright on multiple images for which several different creators (on one website) also claim copyright, then I'd bet someone's committing fraud. |
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Posted By:
Stacy | Wednesday, March 26, 2008 05:03 PM
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| So what happens to all the people that bought pirated textures and used them in products they sold? What happens to all the people that now have items they bought that have pirated textures in them? What about all the accolades given to TRU in the past? what about all those copyright warnings all over TRU? The ball of stuff rolling down the hill will grow to gigantic size before all is said and done i bet. |
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Posted By:
Ann Otoole | Wednesday, March 26, 2008 05:42 PM
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| After all of LillyBeths warnings, threats, the thrusting of her TOS each and everytime you enter the store, we find that she is no better than those she has hunted. A texture thief. |
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Posted By:
Kay | Wednesday, March 26, 2008 06:01 PM
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| Lilybeth banned me from her Sim/shop in Second Life when I questioned the intellectual property rights of textures for sale.She seemed to display disreguard for any artists rights and banned others who she felt threaten by concerning texture properties..I mean this woman sold others artists work in Second Life and had the audacity to tell buyers that they could not distribute these.. referring to her rights..what rights?? |
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Posted By:
Another Valkyrie | Wednesday, March 26, 2008 09:35 PM
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| Petty petty petty! I am a simple merchant on SL. I do not use TRU/Marlin textures in my products, but when I needed to design a home store I purchased TRU textures to texture my shop. I am now being HARASSED by Vryl Valkyrie who keeps sending me IMs about how my textures were stolen. How convenient that Vryl is both the author of this article and works for 3D Concepts. This is a classic example of the news media being manipulated for business purposes. SLNN should not stand for it. Has 3D Concepts provided any documentation to back up that they are the EXCLUSIVE reseller of Marlin? This is just an example of a merchant in SL trying to gain market share through slander and intimidation. I will never shop at 3D Concepts. These tactics are underhanded. Vryl ..Stop sending me IMs! |
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Posted By:
Content Creator | Thursday, March 27, 2008 08:11 AM
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Content Creator
As the editor note states, all facts such as the fact that Vyrl Valkerie is the only authorized re-seller of Marlin Studios textures and derivitives was verified by SLNN. She is owner of 3D Concepts. |
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Posted By:
Garret Bakalava | Thursday, March 27, 2008 08:45 AM
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Content Creator
As the editor note states, all facts such as the fact that Vyrl Valkerie is the only authorized re-seller of Marlin Studios textures and derivitives was verified by SLNN. She is owner of 3D Concepts. |
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Posted By:
Garret Bakalava | Thursday, March 27, 2008 08:45 AM
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Fact checking via the information provided only by the individual making the assertions is not how one should check a fact, strikes me as rather oxymoronic. Copies of things are easily manipulated, statements and phrases can be taken out of context and it seems to me there is a great deal of hearsay involved in all of this. To title this article "When the Right IP Owner Steps Up" is in itself an inflammatory unworthy of an agency that purports to be a provider of news. Valkyrie may well be licensed but SHE is NOT the IP owner, Tom Marlin is and we have YET to hear anything from HIM.
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Posted By:
PoeticLicense | Thursday, March 27, 2008 01:33 PM
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| Copies of things are easily manipulated and even taken out of context such as notecards that Lillybeth Filth has been passing to us in her group. One thing that cannot be manipulated is the name of the creator bearing the name Lillybeth Filth .. the name behind countless numbers of textures sold illegally.. even textures that were never modified. I have personally bought that Virtual Fantasy package that Vryl has shown in this story as evidence. I am certain many more have it in their inventory, too. Kudos to Vryl Valkyrie for stepping up to the plate to inform the public. |
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Posted By:
PoeticJustice | Thursday, March 27, 2008 02:18 PM
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I have to laugh at this all finally coming out.
Some have known TRU sells textures that are NOT theirs to sell since at least back in 2005. They have a long history of obtaining textures either through websites, or by photographing other's original textures in-game, quick photoshopping, then claiming them as their own original work. Sometimes even then trying to bring accusations of theft against the original creator.
Yet they are the first to scream texture theft on anyone else. |
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Posted By:
About Time | Thursday, March 27, 2008 02:23 PM
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PoeticJustic
I am in possession of unchanged documents from Tom Marlin that substantiate every thing in this story that pertains to him, including the fact that at this time he authorized Vryl Valkerie to speak about the "history" of Marlin textures in Second Life. |
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Posted By:
Garret Bakalava | Thursday, March 27, 2008 03:56 PM
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| I imvite everyone to take a look at am ongoing thread om SL's website im the Forums. "When your textures are illegal". I'm am completely amazed at the small contingent of people who want to turn this into a post about Vryl, when with the proper documentation, it should be about the theivery of TRU. |
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Posted By:
Kay | Thursday, March 27, 2008 04:43 PM
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Inconsistency and lack of accountability is what I see in Filth’s statements to people inside Second Life.
Since I am the authorized rep inside Second Life, it is only normal that I would be the one to take initiative here concerning usage of Marlin Studio textures.
As for Half Life 2, Filth contradicts herself several times, claiming she either uploaded them directly or purchased a DVD. However, I do not hear her taking responsibility for her actions. In fact I only hear excuses, even non truths. .. Such as saying she only charged 10L per image for these textures.
Filth proudly gives this brief exchange of email between she and he dated January 23, 2007 out to just about anyone who questions her usage of Marlin Studio Textures as if it is some sort of license when in fact it is not.
Now let’s break things down a bit to make it more simple:
1. She has texture sets being sold since June 2006 which consist of both originals and slightly altered textures of Marlin Studios.
2. According to her email to him as posted in this piece, she was only just considering to possibly purchase 7 CD’s January 23, 2007.
3. In most of her recent statement inside Second Life, she claims that in fact she did not purchase the CD’s .. even after previously she claimed that she did purchase CD's .. once again her story changes.. she now claims that her ex common law hubby purchased a CD (s) in late 2006. Late being in the last trimester of the year?
4. Back to her email to Tom Marlin, if she did purchase a CD or her common law hubby or boyfriend, etc.. she would have a license and the license would clearly state that the textures are not allowed to be resold as a texture whether it be a derivative or an original. Why then did she need to search for the license on his website?
5. Why did she ask about a license, eluding that she may purchase 7 CD’s?
6. Why did she play with words, claiming that she sold her work to « game renderers » who build in online worlds?
7. Why did she not just be completely honest.. And tell him she has the largest texture store inside Second Life, that she purchased a CD or CD’s 7 months prior or longer and have already been selling both originals of his textures and slightly altered ones?
8. Since she was selling these textures.. Against the license which came with the CD (s) assuming that she supposedly legally bought (no evidence to that yet) then that being the case, she already knew that she was in violation of the license agreement., therefore had to find a way to protect herself from copyright infringement - probably due to SL residents recognizing the unique and famous Marlin Studio Textures.
9. Back to points 1 , 2 & 8 .. She still contradicts herself by boldly claiming she NEVER uses any textures without FIRST checking with the EUAL. She did not check or did she check the license for both the Creative Commons Public Domain license with Valve or the License which comes with every single CD purchased from Marlin Studios and OTHER textures not mentioned here.. and simply made her choices, hoping to make a quick buck, hoping that no one would even recognize these textures.
10. Wake up .. It is a small world after all? For all of the chat logs that she is passing out inside Second Life, taken out of context, please IM me to get a full log. I have every single exchange of correspondence with Filth in case anyone is interested. I only make this offer since she herself has been doing the same, except all taken out of context.
Conclusion: She, herself does not even allow resell of her textures, derivatives or non derivatives and yet she demands to sell the work of others as her god given right.. not only derivatives but originals too. In my personal opinion, she was/is hypocritical, deceptive, misleading and has completely misrepresented herself to not only Marlin Studios but to the consumer as well. In the end, the real victim here is the consumer who unknowingly purchased illegal textures.
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Posted By:
Vryl Valkyrie | Friday, March 28, 2008 12:55 AM
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I'm sorry perhaps I am just missing it but what statement are you referring to Vryl? From what I can see SLNN has made no attempt to print any kind of response from LillyBeth Filth at all. What exactly are you systematically breaking down and responding to for us? Are you privy to a response that is being suppressed by SLNN? Perhaps a response that would shed some light on this situation? It is convenient for you that you seem to be the only one contributing to the conversation here. It is so much easier to win an argument when your opponent has been gagged and cannot offer any defense for herself. I must say I appreciate the fair and unbiased way this story has been presented. Thank you SLNN for taking the time to make sure that you had the complete story before publishing the conclusions that all of SL is supposed to line up like sheep behind and accept.
I have always thought it was my right to be able to make my own decisions. Apparently I was wrong. |
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Posted By:
Confused? | Friday, March 28, 2008 08:16 AM
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Posted By: Kay | Thursday, March 27, 2008 04:43 PM>
Yeah, too bad that thread was closed and deleted. It had some good debate between Chosen Few, Michael Bigwig and a few other oldbies regarding fair use, derivatives, and licensing, etc. Unfortunately it's against SL's TOS on the forums to list the names of avatars or their business names if you are accusing them of wrongdoing. Doesn't make sense, but it is what it is. |
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Posted By:
Thing 1 and Thing 2 | Friday, March 28, 2008 09:42 AM
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This is wonderful news. As a content creator, I've purchased a hundred or two thousand L dollars of TRU textures from them. This is absolutely bullshoot.
Just Wonderful |
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Posted By:
Just Wonderful | Friday, March 28, 2008 02:08 PM
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My first post...
http://jira.secondlife.com/browse/SVC-676?focusedCommentId=39376#action_39376
My second post...
http://jira.secondlife.com/browse/SVC-676?focusedCommentId=39832#action_39832
Lillybeth's response, naturally denying everything.
She claims that this incident never happened, but I just so happen to have one of those ebay'd DVDs for $9.99.
And this is after she threatened to sue one of my business partners, a miss Jasmin Marquez, even after original PSDs were exchanged.
http://jira.secondlife.com/browse/SVC-676?focusedCommentId=52087#action_52087
Lillybeth is a thief, and a liar. Thanks Valve, Marlin, and Vryl, for laying the pwnage down. |
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Posted By:
Kamilion | Friday, March 28, 2008 09:51 PM
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"As long as you're not distributing our textures in tact, you would be in compliance with our licensing."
As I stated in my other comment - your lack of objectivity is a thunderous lighteningbolt to the credibility of the SLNN platform - "Tom Marlin obviously misunderstood what she was asking based on these misrepresentations." - I disagree, looking at this it seems pretty clear to me that he has understood perfectly, and it seems impertinent of you to foist upon him your own interpretation of what he has and hasnt understood, twisting the facts to make it fit your aims and goals. It is clearly stated "I sell my work to game renderers who build in online worlds." in Lilys email. |
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Posted By:
Apple | Saturday, March 29, 2008 11:25 AM
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people's comments would carry more credibility if not posted under fictitious aliases. writing style reveals a lot.
the problem is not limited to Marlin/Valve textures. There are many more being identified now. And it is not just one entity in SL distributing these textures.
So... If you see textures being sold or distributed without an apparent license (meaning the owner's license forbids reselling) then you need to report it to the owner of the works. tipping off the unlicensed reseller will allow them the chance to escape legal documentation process. |
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Posted By:
Ann Otoole | Saturday, March 29, 2008 12:18 PM
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Being a crusty old fart that remembers art that was only pencil, pen brush, which was very consuming, my understanding of graphics is entirely self taught originally. Whether someon has vioated or infringed on the way a texture originated becomes a little silly when viewed by the majority. If people like variants of the art to make a texture perhaps then, by law, the original artist needs to add to works.
Sadly the behaviour of many artists leaves a bit to be desired. The observerd behaviour of both the Textures R US owner AND the offical Marlin rep both leave a bit to be desired. The observed behaviour of the Marlin representive was extremely rude and unprofessional. From the view point of older maybe politenss is dead like dinosaurs. |
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Posted By:
Sage Brush Visions | Sunday, March 30, 2008 06:23 PM
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It's a Fact TRU (Textures R US) is a big illegal business on SL.
The formula of this scam is very simple:
- First you go to any p2p network and look for dosch, got3d, arroway, total textures, texturama and download all the stuff for free
Then you can go to ebay to complete you dvd collection buying 2nd had DVD's or evan pirated dvds.
- Ok now that you are the (I)legal owner of textures you can show what a big artist you are you can also skip this step if you can't waste time.
Edit the textures by adding just one invisible pixel or change the contrast or add a little alpha. Wow what an Artist you are!!!
- Now that you have the best textures upload and start selling.
- Ops please don't forget to invite some innocent real Artists to you shop rent some space on your shop and you will get more L$'s.
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Posted By:
Justo | Friday, June 27, 2008 02:37 AM
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;)
