CompuServe Thread

#Avalon CD halted

14 messages in this thread
#178707From: SyndesisJul 6, 1995 10:45 AM
FOR IMMEDIATE RELEASE (Prices removed for CompuServe posting…) SYNDESIS DISCONTINUES AVALON CDROM AT VIEWPOINT'S REQUEST Announces sale price of $XX on remaining discs Jefferson, WI – July 5, 1995 – Syndesis Corporation announced today that it will discontinue its popular Syndesis Avalon CDROM product, an exact archive of the Internet's most popular 3D repository, due to the acquisition of the Avalon site by Viewpoint Datalabs of Orem, Utah. According to Viewpoint vice-president Eliot W. Jacobsen, "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." According to Viewpoint's press release on the Avalon acquisition, the present 'ftp' access to the Avalon site will be available for a limited time. Viewpoint will convert the Avalon site to a Web-only site, enhancing the content with a ratings system, thumbnail renderings, and more. 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. Starting July 10, Syndesis will close out its existing inventory of Syndesis Avalon CDROMs at a special price of $XX each, including shipping anywhere in the world. Syndesis introduced the low-cost, freely distributable Syndesis Avalon CDROM at Siggraph '94 in Orlando. This ISO-9660 and Rock Ridge compatible disc includes a printed catalog that lists each file on the disc, showing the Unix and ISO-9660 filenames. Syndesis also makes InterChange, a program that translates between more than thirty popular 3D file formats. Contact Viewpoint through its new World Wide Web home page at http://www.viewpoint.com, or call 1-800-DATASET. Syndesis Corporation 235 South Main Street Jefferson, WI 53549 (414) 674-5200 (414) 674-6363 FAX syndesis@beta.inc.net CompuServe 76004,1763 http://www.webmaster.com:80/syndesis/ SIGGRAPH 95 Booth 2537
#178828From: David GouldJul 7, 1995 3:07 AM
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
#178867From: Paul LindJul 7, 1995 9:52 AM
All extremely good points David, and the simple fact is that they can not arbitrarily assume a copyright, and they cannot limit the distribution of the files that have been found at that sight. Obviously if they control the sight they can stop further mirroring. It seems they'll do that by turning it into a web sight, but everyone who has John's CD can easily upload the files to anyplace they please. There are also plenty of us who regularly mirror the sight onto tape so I think what you'll see, is another "Non-Commercial" sight pop up somewhere and all of the old "Avalon" files magically appear. It's a shame that there are so many people exploiting the net and now the government is trying to regulate it. Time to go back to zines. Paul
#178993From: David GouldJul 8, 1995 4:20 AM
<<It seems they'll do that by turning it into a web sight, but everyone who has John's CD can easily upload the files to anyplace they please.>> Exactly, if it has been done in the past who can stop it being done now? <<There are also plenty of us who regularly mirror the sight onto tape so I think what you'll see, is another "Non-Commercial" sight pop up somewhere and all of the old "Avalon" files magically appear.>> And there is no legal recourse against such an occurence. <<It's a shame that there are so many people exploiting the net and now the government is trying to regulate it. Time to go back to zines.>> Alot can be said for tightly organized commercial operations, CompuServe for example. You pay for the quality. But is the very *free* nature of the Internet that has lead to the proliferation of free information and software for everyone. There was rarely, if ever, commercial interests pushing everything. Things are going to get dirty. DaviD "$20 to get on, $20 to get off" GouID
#178885From: SyndesisJul 7, 1995 11:14 AM
Viewpoint has *not* claimed ownership of the individual files. At best, they are claiming a "collection copyright," similar to the way that CompuServe restricts others from reproducing its data libraries and file descriptions. The concept of "collection copyright" is well-known, for example, it's what a book publisher has when they publish an anthology of poems. They don't own the poems, they own the way they arranged them. Syndesis declared a "collection copyright" on the 1994 Syndesis Avalon CDROM, in order to attempt to prevent someone from ripping off our assembly of that data. It's not retroactive to the site, of course. We had the cooperation of the site admin, but that's all. As far as I know, the Avalon admins never even declared any sort of claim to collection copyright of the site.
#178957From: Carlton NewtonJul 7, 1995 6:58 PM
John- Could you please E-mail me info on the Avalon CD you are discontinuing. Thanks, Carlton
#178994From: David GouldJul 8, 1995 4:20 AM
<<At best, they are claiming a "collection copyright," similar to the way that CompuServe restricts others from reproducing its data libraries and file descriptions.>> Big differences here is that CompuServe notifies all uploaders beforehand that this the situation. Everyone is made aware before they upload/download something that CompuServe holds a "collection copyright". Therefore everyone knows not to infringe this copyright. The Avalon site has never had such an arrangement with the people uploading models. It has always been assumed, since Avalon didn't explicitly state that the models would go into *their* "collection copyright", that the files were freely distributed by everyone and anyone. Now Viewpoint is trying to force a collection copyright on models that were orginially distributed at will without regard to any supposed collection copyright. <<The concept of "collection copyright" is well-known, for example, it's what a book publisher has when they publish an anthology of poems. They don't own the poems, they own the way they arranged them.>> Yes, but they must pay royalties to the poets for reproducing their works. In the case of Viewpoint, they are selling the poems without ever paying the poets! Now that Viewpoint is SELLING the models(CD and other distribution formats) for money, each of the uploaders is entitled to a share of this money since it is their works and they own the ACTUAL copyrights over the models, or else they can request that their model be removed from the collectioin. <<Syndesis declared a "collection copyright" on the 1994 Syndesis Avalon CDROM, in order to attempt to prevent someone from ripping off our assembly of that data. It's not retroactive to the site, of course. We had the cooperation of the site admin, but that's all.>> You may have declared a collection copyright on the CD, but it would never hold up in court. Why? The for same reason Viewpoints "collection copyright" couldn't work. The Avalon site has been a free distribution point for sometime now. Since the Avalon admin never made a claim to a collection copyright, everyone could make their own collections elsewhere without problem. They still can. The collection copyright is uninforceable since the collection has been distributed freely before. It is just like the whole concept of the UniSys GIF patent. UniSys will suffer in the end since everyone will just find another way around it. If Mr X has a copy of your CD and then makes their own site with the CD, Viewpoint can't do a thing. The CD was produced before the supposed "collection copyright" was in place. What recourse has Viewpoint? <<As far as I know, the Avalon admins never even declared any sort of claim to collection copyright of the site.>> So how can anyone else? DaviD "take, take, take, …" GouID
#179022From: John EllisJul 8, 1995 10:14 AM
David, There's a few points here that I'm rather suprised haven't been brought up. One of which is that our government is in the red to the tune of a trillion plus dollars… which is the real crux of the problem. So in an attempt to reduce some of that overhead there has been alot of base closures and a variety of other cutbacks on services. None of this stuff is in fact free. The internet is not free, the Avalon site in not free, all Americans pay for it in taxes… Those of us who work as independents seem to understand this much better than people who work for a regular company. They don't see the money that's coming out of their paycheck so they don't realise how much is going to feed government insatiable appetite. And its been well proven quite succinctly that Government does not operate efficiently when it comes to how money is allocated. Once one starts to realise that things aren't free, then the picture changes dramatically. Chances are that if Viewpoint did not take over acquisition of the site, nobody else would have the resources to maintain it either, and quite possibly it would have just been shut down and that would have been the end of it. John's Avalon CD is just a small fraction of what is at the site. I'm kinda suprised its an issue but I can see the reasoning… and don't wish to get into it as to whether its valid or not. I will say however that all the points John made regarding thier rights, certainly are well within the pervue of standard practice… As far as sites go, most private sites charge a fee for allowing you to down load meshes etc. No one complains about that, as it is expected. I would expect that Viewpoint would work out a similiar arrangement. And it seems quite fair when one considers that in fact nothing is free. Which brings me to another point, and that is that the "Free Zone" was a misnomer to begin with. In fact it never was "free" as people would have to pay connect charges to download those meshes etc. in the first place. I did not want to get into it at the time… but it was this realisation that I was perpetuating such a practice that made me want to stop it. One thing you never realised and never acknowledged was that, I started the free zone, so I had the right to stop it. You seem to feel that Viewpoint doesn't have any rights either, that they are supposed to distribute these meshes and carry on as before. Frankly I expect with Viewpoint handling it, the real cost will be far less than what is was costing the government to maintain it. If an accounting could be made of the actual cost to the tax payer of these "free meshes" there would be such a massive outcry that any of the noise on the internet would pale by comparison. I applaud the government for privitizing the Avalon site and I applaud Viewpoint for taking on the responsibility of maintaining it. I'm not sure what to make of the situation with John and his Avalon CD. If there hadn't been a rather derogatory history with John, Viewpoint might have seen fit to work out some kind of accomedation. I suppose it is still a possibility provided that John shown and interest and both parties could be fairly compensated. This could actually be the best thing to happen for John but that depends on how he handles it. Regardless, this is all beyond the scope of this thread… So David the long and the short of it is, the meshes never were free, and will now be charged directly to the people who need them. Viewpoint is a high profile company and I expect will do an outstanding job of maintaining the site's meshes. And for a nominal fee everyone will have access to them. I really don't see the problem with this, I think its fair all around, albiet John' circumstance and I think if he was willing to make the effort some accomedation could be made… and he be that much better off… FWIW John
#179031From: SyndesisJul 8, 1995 1:20 PM
Welcome to the wild wooly world of the Internet. Think of all the data at all these ftp sites… all supposedly freely distributable, except no one really knows if it is, and I've never seen a site that asks if you have the rights to redistribute something. Some companies have grown quite large (InfoMagic, Walnut Creek, etc.) operating on the premise that they can press CDs of these sites and sell them on a regular basis. I once read an article in Morph's Outpost (a great multimedia developer magazine) that talked of the "trap of the public domain." If you need to be absolutely, 100% certain of the parentage of your data, and do not want to risk your success with a product that incorporates any supposedly public domain data, then you shouldn't use public domain data. Create the content yourself. As for why I decided to press an Avalon disc, I considered the risk and found it insignificant in this situation. When I considered the risk of publishing an updated Avalon disc (against the wishes of Viewpoint) I decided that the risk of endangering my business relationship with Viewpoint was not worth any small risk, and in a more fundamental sense, they can sustain a much greater financial risk or loss than I can. They're well-known for *giving* away their Datashop (locked) disc of models at Siggraph. If I decided that I had the right to publish an Avalon disc based on the data as of the day before they took over the site, and sell it at Siggraph, and Viewpoint made their own Avalon CD for Siggraph based on the data as of the day they took over the site, well, they could give away thousands of those discs and ruin my investment.
#179048From: John EllisJul 8, 1995 5:41 PM
Heck John, I see this thing as a win/win for you either way. Its going to be alot tougher to get a collection together and you already have momentum, whether or not you negotiate the rights to sell an "Avalon" collection, which personally I would seriously consider doing if I was in your shoes. That aside, the market will be much more tightly monitored, which can't but help work to your advantage as well… Time will tell but I think this is going to be a winfall in the long run in your favor. Especially as all these sites with meshes are going to have to weed through them to be certain none of thier's are from the Avalon site… This may sound a little rediculous at present but considering that Pixar retroactively claimed the "tiling" rights… I don't really see any reason this won't occur as a legitimate expectation… which is going to make your other collections all that much more valuable… Could be wrong but that's what would seem to be a reasonable conclusion… John
#179144From: SyndesisJul 9, 1995 4:40 PM
We've already decided not to do an Avalon disc, so there will be no further negotiation. Been there, done that, scars already healed. 🙂 If it makes sense at all for us to do a similar disc, there are plenty of sites and content from the Internet. It sounds like you've got some confusion about Viewpoint's stance on the ownership or control of the models on Avalon. They don't claim to "own" the objects in any way. In fact, I was surprised to see that their "frequently asked questions" list recently posted to the Internet says that they don't claim a collection copyright over the site, either. I wouldn't guessed that they'd need that to attempt to protect the site from others… similar to what CompuServe does to protect its data libraries.
#179145From: SyndesisJul 9, 1995 4:41 PM
We've already decided not to do an Avalon disc, so there will be no further negotiation. Been there, done that, scars already healed. 🙂 If it makes sense at all for us to do a similar disc, there are plenty of sites and content from the Internet. It sounds like you've got some confusion about Viewpoint's stance on the ownership or control of the models on Avalon. They don't claim to "own" the objects in any way. In fact, I was surprised to see that their "frequently asked questions" list recently posted to the Internet says that they don't claim a collection copyright over the site, either. I would've guessed that they'd need that to attempt to protect the site from others… similar to what CompuServe does to protect its data libraries.
#179177From: John EllisJul 9, 1995 8:01 PM
>> It sounds like you've got some confusion about Viewpoint's stance on the ownership or control of the models on Avalon… << Maybe to you there is some confusion but it seems pretty clear to me… Viewpoint has the site and you're not re-releasing your Avalon CD… all the rest is symantics… don't you think? John
#178939From: Ernie JacksonJul 7, 1995 6:22 PM
>> Starting July 10, Syndesis will close out its existing inventory of Syndesis Avalon CDROMs at a special price of $XX each, including shipping anywhere in the world. << Could you private e-mail me w/ the price. thanks – Ernie Jackson 07-Jul-1995 FanFire Studios 09:52:53 PDT 73177,2354