Cyberworld Cyberworld

Is this considered to be a rip?

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Is this considered to be a rip?

from WinCustomize Forums
Okay i spent some days now trying to make a nice wallpapers package to complement TSF's great work Alienware Invader.It has 44 walls in total at all possible resolutions (even wide and double screens). I've uploaded it and it got rejected. I've sent mail but got no response,sooo i'm leaving it to public judgement. Is this considered a rip or not? Here's a link of one of the walls (there are four designs). Link: Link

Please do keep in mind that i made all graphics in Photoshop,no copy-paste here,all were redrawned. And trust me space scenes take time to make.

Thank you fro your response.
11,040 views 48 replies
Reply #26 from WinCustomize Forums Top
Jeff, are you out of your mind? That wall in no way is any sort of rip or intellectual 'theft' of yours.


CerebroJD: I didn't say the wall is a rip. I said the blue lights are. So it's not a matter if i'm out of my mind but whether or not
you know how to read. Who said anything about stealing downloads? And why are you even involved in this? It was settled prior
to you opening your mouth.
Reply #27 from WinCustomize Forums Top
CerebroJD: I didn't bring this up in the first place so wtf are you jumping down my throat? Go do your homework...
Sins of a Solar Empire II
Reply #28 from WinCustomize Forums Top
So, your opinion is that glowy blue bars are infringing? I find that... amusing...

I wonder... how does one establish that generalized appearances like "blue lights" are 'owned' by someone? It sounds almost like a trademark, but not...
Reply #29 from WinCustomize Forums Top
i'm not going to sit here arguing with a teenager. have a good night.
Reply #30 from WinCustomize Forums Top
And so that you may learn something: "Trademark infringement depends on the likelihood that there will be confusion in the marketplace."

The way our client's logo looks/skins and the way his lights look are almost identical. The users could be deceived
that his wallpaper (when using the lights which are almost exactly like the artwork we created) was an official
release. If his work is not as good as what we released it could damage our reputation and our client's. Personally
i could care less. I asked him to remove it and he is so whatever. If he told me no, maybe i would tell a moderator
and maybe i wouldn't. I don't care all that much. I didn't start this thread. I think he should release it but he should out of respect remove the lights which are almost identical to what we did so there is no confusion.
Reply #31 from WinCustomize Forums Top
Will a mod please lock this thread before it gets ugly? The matter has been already been settled. Thank you.
Reply #32 from WinCustomize Forums Top
Sorry - but I use 800x600 and it is still quite common.

Outdated? I'm still using an 800x600 monitor and forcing myself to adjust to 1024x768 resolution. Just how big do people need their monitors? The size of the entire desk? It's not a television.


In reply to that, of course 640x480 is nearly all but dead, anyone that has a machine running that still runs that size probably doesn't care much about changing the wall in the first place. But for 800x600 and I did list those all to be common, since it didn't seem to quite click the first time, I just said (for the 3rd time now not that I'm counting) "800x600 is common" so don't get me wrong when I said it is fading away. As things progress those smaller resolutions start to die out in favor of larger ones for many reasons. People in web want to be able to push things further than being restricted to basically 760x420, things such as movies are available in higher resolution, people just might want a cleaner higher res, or get tired of the gameboy pixel effect of a low resolution, and the fact that people aren't so commonly using 13-14 inch monitors anymore. If you liked 800x600 on a 15 inch, go to using a 17 inch and 1024x768 will have basically the same feel with more real estate on the screen. 1024x768 is pretty much the standard size resolution now, but it'll take forever to really be able to make webcontent for that size, in plenty of cases designers still have to make sites smaller than 640.

But for me, I just don't like a start button that's 3 inches wide and being able to count each pixel from 3 feet away. But to each their own.

widescreen and dual monitor however are definitely not common, widescreen starting to become a significant exception though, especially with macs. And since there really isn't too much of a predetermined "right" size to toss a widescreen into a zip, since there seem to be so many different widescreen monitors, putting in a 1920x1200 like tsf mentioned basically covers all those bases in general.
Reply #33 from WinCustomize Forums Top
The way our client's logo looks/skins and the way his lights look are almost identical. The users could be deceived
that his wallpaper (when using the lights which are almost exactly like the artwork we created) was an official
release. If his work is not as good as what we released it could damage our reputation and our client's.


So according TSF definition, All half mid blue, half dark blue enligtened bars would be the property of their customer i.e.Alienware .... and use of such bars elsewhere could harm and destroy their reputation !!!!!!

For me it is joke of the century ....
Reply #34 from WinCustomize Forums Top
It was used as an example to explain how trademarks work.
Reply #35 from WinCustomize Forums Top
I've uploaded a second edition of the wall...so no harm done,just removed the damned bars and used some more brushes...
Reply #36 from WinCustomize Forums Top
I've uploaded a second edition of the wall...so no harm done,just removed the damned bars and used some more brushes...


Actually there is harm done. You made a wallpaper and submitted it. It was rejected for whatever reasons. You now went and altered it from the original wallpaper. Now the wallpaper is something you altered just to get it uploaded. My question is...Are you happy with it or are you settling just to get it uploaded? If yes, then the original wallpaper didn't mean squat to you. I am not trying to piss you off, just making sure your work isn't compromised based on downloads or sharing. I see, "just removing the bars and used some more brushes" as careless. I hope you understand my point, Im tired today from struggling all night with WB 5.
Don't compromise your work because someone complained about a color. If you were happy with the first result, go with it. Compromising art is a sin.
Reply #37 from WinCustomize Forums Top
It wasn't rejected because of the blue bars. And its not compromising not to use someone else's art. And obviously it was rejected for other reasons so how is he supposed to "go with it"?

"compromising art is a sin": you will never make it in commercial art with that philosphy. Hope you have a non-artistic career in which to pay your bills.
Reply #38 from WinCustomize Forums Top
And its not compromising not to use someone else's art


No, it is compromising to his art. Why does everything have to be about you TSF?
Reply #39 from WinCustomize Forums Top
"compromising art is a sin": you will never make it in commercial art with that philosphy. Hope you have a non-artistic career in which to pay your bills.


Commercial art is a type of art, but not all art is commercial. Kind of an important clarification.
Reply #40 from WinCustomize Forums Top
Now the wallpaper is something you altered just to get it uploaded.


NT i've been here for nearly four years as a member. I never aim to get more downloads. I don't do commercial works and surely i'm not trying to make it big on score boards. Also i'm not into arguing. I'm a simple amateur user and i just love to try and create on PC, cause i can't do it by hand. I'm not a commercial skinner,nor do i have to make a living out of this. It's not my life,it's my hobby.

Are you happy with it or are you settling just to get it uploaded?


The edition i've uploaded is a revised one,which i hope you like better. I've also removed the bars cause in this edition the bars just don't fit in to the whole of the picture. The first edition propably wouldn't make it anyway due to the fact that it works as a compliment to a skin,which in retrospect isn't of equal quality as the rest of the skin. I'm happier with this version cause it is just better and works as a stand-alone work.

I am not trying to piss you off, just making sure your work isn't compromised based on downloads or sharing. I see, "just removing the bars and used some more brushes" as careless.


You didn't piss me off. Ya all guys are making a big matter out of nothing. Sorry if my previous statement seems as careless,it really isn't. It was meant as informative,not as a letting go and creating something else instead.

If you were happy with the first result, go with it.


I was happy,but unfortunatelly it got rejected. The reason why has not yet been explained by someone in authority,so i can't speak,not can i complain. What if it was considered of low quality or as Jafo said the size was just too big for just one work? I'm not complaining here,i was just curious as to the reasons of rejection and if it had anything to do with copyrights. And surely i got more than one opinions on the subject,which lead me to conclude that it isn't much of a copyright issue. Anw with the new edition i'm happier.

Compromising art is a sin.


I second this.

"compromising art is a sin": you will never make it in commercial art with that philosphy. Hope you have a non-artistic career in which to pay your bills.


Did you ever had to? If you found that one of your skins was very similar to something created by someone else would you compromise your art? Hypothetically speaking would you compromise your art? As for me i'd never compromise,if legal issues are aroused i'd just keep my art to myself and for the ones who'd like to see it.
Reply #41 from WinCustomize Forums Top
NT i've been here for nearly four years as a member. I never aim to get more downloads.


I should have chosen wiser words. I didn't mean it like that. Sorry. I don't think your all about downloads. I should have just said uploading. The important thing is you understood my garble.
Reply #42 from WinCustomize Forums Top
If you found that one of your skins was very similar to something created by someone else would you compromise your art? Hypothetically speaking would you compromise your art?


We would change it. You can not work in the professional art field and not expect to change/compromise/make concessions with your art. I don't care how good you are.

We've had to change designs before because windows media player made what we did too jagged because of the lack of alpha. We have made many changes over the years much to our chagrin because the client wanted the changes made. So like i said before and i'll say it again do not get into commercial art if you are unwilling to make artistic compromises.
Reply #43 from WinCustomize Forums Top
Hell Cyber..just put the damn blue bars back...say it was an Alien abduction and they just reappeared...
Reply #44 from WinCustomize Forums Top
"compromising art is a sin": you will never make it in commercial art with that philosphy. Hope you have a non-artistic career in which to pay your bills.


with that philosophy you will never be an artist.
ever heard of a starving artist?

I design houses for a living and I have to compromise my designs all the time. I am quite aware of how much that stings sometimes. I just take my name off of it is all.
Reply #45 from WinCustomize Forums Top
If his work is not as good as what we released it could damage our reputation and our client's.
"Oh Grandma," said Little Red Riding Hood, "what big ego you have."
Reply #46 from WinCustomize Forums Top
The important thing is you understood my garble.




We would change it.


I understand and respect that only because your living is depending on this. Otherwise there would be no excuss.

Hell Cyber..just put the damn blue bars back...say it was an Alien abduction and they just reappeared...


Thank you for the support Fairyy~ ,i really appreciate it... And it was a good laugh too,you have sensitive humour.

ever heard of a starving artist?


My unkle is one! He has a degree in fine arts and no steady job! But he still is happy with his life.

"Oh Grandma," said Little Red Riding Hood, "what big ego you have."


~Angelic Destine i understand the reasons for saying this,but the best way to prove someone wrong is just make something better. That is how i work. (Although don't always accomplish it.) Thank you for the support.
Reply #47 from WinCustomize Forums Top
angleic destine: don't you have a desktop screenshot to do? Lord knows that's what the community needs another one of.
Reply #48 from WinCustomize Forums Top

The reason why has not yet been explained by someone in authority,so i can't speak,not can i complain. What if it was considered of low quality or as Jafo said the size was just too big for just one work?

That's pretty-well it.  #6 and #8 covered it.

As I also said, it's not easy to 'carry-off' a space scene well....not everyone is a Greg Martin.

The walls were not rejected through any association with the TSF references, simply that 44 walls of essentially the same image is 'over-kill'.

Meanwhile, it seems this thread has become an opportunity for all to have his say about all sorts of disparate concepts/issues, none of which is particularly salient.

If there's a revised/amended submission it too will be considered for acceptance on merit.

Time to move on....