#Avalon CD halted
07-Jul-95 03:07:28
Sb: #178707-#Avalon CD halted
Fm: David Gould 100424,2533
To: Syndesis 76004,1763
This is more directed at Viewpoint but since you were the sender…
<<Internet's most popular 3D repository, due to the acquisition of the Avalon
site by Viewpoint Datalabs of Orem, Utah.>>
I can understand that Viewpoint can actually purchase the site, i.e. equipment,
address etc, but how can they make a claim to OWNING the copyright to the
models that have been uploaded FREELY by people wanting to give them out
FREELY. I say this because it appears that they have assumed copyright of the
models since they restrict themselves to the only ones able to "copy" and
"distribute" the models. Namely everyone can freely download them at will but
they are the sole to "mass distribute" something that isn't theirs to begin
with.
Did each of the uploaders give Viewpoint the permission to be the sole
distributor. No! Were they aware that someday someone could restrict the
distribution of their free models? No!
They uploaded the models knowing that they could be freely distributed to other
sites without restriction and now Viewpoint wants to profit from the generosity
of others.
How can they "own" these models? I say "own" because this is effectively what
they are doing. Restricting copying by other parties assumes that they hold at
least a "collection copyright" on the models which isn't the case. This stuff
was uploaded for free distribution by anyone and everyone without restriction.
What is to stop someone else setting up another site and copying all the avalon
models? The models are free and there is no collection copyright. Then
Viewpoint comes along and says no. What legal basis have they to do such a
thing?
<<"In light of their investment and commitment to improve the site for the
continued free access of everyone, Viewpoint has requested that Syndesis
respect Viewpoint's desire to be the single source of Avalon net access and
Avalon CD-ROM publication.">>
Viewpoint is exploiting the good will of those generous people who chose to
upload models freely for the benefit of everyone. I understand that they want
to still give out the models "freely" but I'm sure they didn't invest in the
site if they don't expect to get something($$$) back.
<<Existing mirrors of the Avalon site have been asked to stop and remove their
copies of the Avalon files. Viewpoint will operate its own mirror sites around
the world.>>
If that isn't enforcing an assumed copyright I don't know what is! This was not
the intentions of the people uploading models nor the people maintaining the
Avalon site. As far as I understand it the Avalon site didn't own the models,
it was just a repository from which other people could access and other mirrors
made, so why can Viewpoint, having purchased the Avalon site, make a claim to
now at least holding a "collection copyright" over the models?
How can this happen I don't know, but it sucks! Let this be a warning to
everyone who might want to freely contribute to the Studio City 2000 project.
Somewhere along the line someone will exploit the goodwill of the others. It is
also an indication of the commercialization of the Internet that is going to
mean commercial interests will be trying to take a big bite of the cherry
without concern for the intentions of those individuals that made the Internet
the free information network it is today.
DaviD "From the money Viewpoint…" GouID