Codezwiz >> Forums >> Hall of Shame >> hitwalker.nl sells other peoples work for his profit!!!

i say we all go there and post in his forums links to where you can download all the stuff for free hahaha.

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hahaha I can't ;p Of course after all that and the email I recieved from him I couldn't be bothered.

Even though it's only a five euro fee for a years worth of downloading, I still would never use the site because you can't see anything about the mods before you pay. So it's no loss to be kicked from there as I never frequented the place. I'd much rather spend my money supporting the people that actually write the applications and their sites.

no offense to Telli or anyone else... but i have seen many sites that host paid scripts in their Digital Goods section, and u pay just to ACCESS their downloads... so in one way u could look at it as he's not selling your product, but just to be a Download member... i can see how u could take it as being wrong though... just my 2 cents... (i'm not saying he's doing something okay by the way)

First there was Theme Rippers Then there was Script Rippers... What ever next ..

Teli I hope you turn the scripts back on, you do some real aesome work its a shame that the minority try to rip you off.

Originally posted by DrAg0n @ Thu Nov 24, 2005 12:55 am:

no offense to Telli or anyone else... but i have seen many sites that host paid scripts in their Digital Goods section, and u pay just to ACCESS their downloads... so in one way u could look at it as he's not selling your product, but just to be a Download member... i can see how u could take it as being wrong though... just my 2 cents... (i'm not saying he's doing something okay by the way)

Aye and I have paid to access them with no second thoughts at all. But they were scripts written by the site owners. But it is a personal choice for him and for the user, I guess. I prefer to support the writer of the scripts. I just feel sorry for new users, who google and get his site.

What everyone is missing here is the fact that Telli has a Terms of Use when you dl his scripts. Right before the dl starts you are required to read it then a radio button appears after you agree to the terms.

Standard Terms Of Use/License:

Our Standard License is similar to the GPL but not exactly the same. You are free to modify the script for your own purposes as long as our credits remain intact. Translations are permitted.

By using our scripts you agree to the following:

- Our package name and link MUST REMAIN in the credit footer of all script generated pages.
- This package CAN NOT be ported without written permission.
- This package CAN NOT be mirrored without written permission.

CAN NOT BE MIRRORED which is exactly what this guy did! I say people like this should be hung by the balls!

This is the same kind of crap that's happening all over the Internet, and has been happening for years. People take and take and take and never even give a second thought to the people who willingly give their time and effort so that others can have access to free stuff for their websites. No matter what it is -- themes, scripts, graphics, whatever -- if you search the internet, it's not hard to find someone offering what you're looking for. All they ask is credit for their work. Yet, for every one person there is trying to do something good for others, there's someone trying to rip them off by taking credit for their work or making money off their backs. That's why so many help sites go under. People get fed up with being ripped off. Is the answer start charging for everything and giving nothing away for free? Even then people try to rip you off. Charging for stuff seems to make some people even more determined to steal it.

Originally posted by Taut @ Thu Nov 24, 2005 8:52 am:

What everyone is missing here is the fact that Telli has a Terms of Use when you dl his scripts. Right before the dl starts you are required to read it then a radio button appears after you agree to the terms.

Standard Terms Of Use/License:

Our Standard License is similar to the GPL but not exactly the same. You are free to modify the script for your own purposes as long as our credits remain intact. Translations are permitted.

By using our scripts you agree to the following:

- Our package name and link MUST REMAIN in the credit footer of all script generated pages.
- This package CAN NOT be ported without written permission.
- This package CAN NOT be mirrored without written permission.

CAN NOT BE MIRRORED which is exactly what this guy did! I say people like this should be hung by the balls!

Well I've been ostracized, had my character slammed, and all round not had a good day for trying to make sense of the right and wrong of it. I won't post anymore in the thread at my favorite support site, becasue I don't want to cause the owner grief. However, thanks Taut, for making it sooo clear. I hope your point is heard in the other thread, because I think they are hearing a one sided story.

I remember when Hitwalker started his site up. He said then he fully intended to have the largest resource site around. At that time he didn't have a download fee. I doubt that he is getting rich from the fee, but it irritates me that he probably never asked anyones permission for anything.

Actually any script, code, block, theme, or mod that uses any nuke/phpbb functions or data structures technically gets eaten up by the GPL. You then have no choice but use the GPL license from there forward.

This then means you cannot restrict people from porting it nor mirroring it. You also cannot stop people from making others pay for the right to subscribe to a site that has it for download.

Again I said technically because FB didnt really follow the GPL license. Also others do not follow the license either. So take that as you will.

But there is also respecting peoples wishes. Which is why I asked for permission to port.

Here is quite a bit of valuable information quoted below directly from the US Copyright Office website which can certainly shed some light on how Copyright Law works and protects.

You can find the article below at this link --> [ Register or login to view links on this board.] <-- click here

"WHO CAN CLAIM COPYRIGHT
Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a "work made for hire" as:

(1) a work prepared by an employee within the scope of his or her employment; or
(2) a work specially ordered or commissioned for use as:
a contribution to a collective work
a part of a motion picture or other audiovisual work
a translation
a supplementary work
a compilation
an instructional text
a test
answer material for a test
an atlas
if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire....

The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary.

Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.

Two General Principles
Mere ownership of a book, manuscript, painting, or any other copy or phonorecord does not give the possessor the copyright. The law provides that transfer of ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright.
Minors may claim copyright, but state laws may regulate the business dealings involving copyrights owned by minors. For information on relevant state laws, consult an attorney."

"WHAT WORKS ARE PROTECTED?
Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:

literary works;
musical works, including any accompanying words
dramatic works, including any accompanying music
pantomimes and choreographic works
pictorial, graphic, and sculptural works
motion pictures and other audiovisual works
sound recordings
architectural works

These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works."
"

You can find the information below here --> [ Register or login to view links on this board.] <-- click here
"Copyright Registration for
Computer Programs

DEFINITION
A �computer program� is a set of statements or instructions
to be used directly or indirectly in a computer in order to
bring about a certain result.
EXTENT OF COPYRIGHT PROTECTION
Copyright protection extends to all of the copyrightable expression
embodied in the computer program. Copyright
protection is not available for ideas, program logic, algorithms,
systems, methods, concepts, or layouts."

In the above statements referring to programs it covers coding as well

In Short

PHP code, themes, blocks or modules do not have to be included with the GPL/GNU SCRIPTING LICENSING if the original author does not wish them to be.

The GPL/GNU licensing guidelines has nothing whatsoever to do with graphics at all so any graphics by an orginal author in a theme are instantly protected by copyright law. Your created works do not need to be registered in order to be protected by copyright. The only difference between a registered copyright and a non registered copyright is you save some time with paperwork when pursuing a violator legally, but then again that is why you hire a lawyer to do the work for you.

I hope this sheds some more light on this subject. Any one who violates my copyrights will soon find out it was a dreadful mistake the hard way.

take care
icex
icexdesign.com