https://x.com/jingo_1016/status/1809101855655670159>Regarding the production of the Vtuber Nendoroid figure based on "Rindo", I was unable to receive any prior contact from Good Smile Company or the Vtuber regarding production-related matters.>From my perspective, I was very confused by the fact that a company was planning to produce a figurine based on my character and that I had never heard anything about this...We have currently contacted Good Smile Company and the Vtuber in question and are waiting for a response.Creator of Filian (Rindo) Model was never contacted by GoodSmile nor Filian's Managers in regards to using the design for Nendoroid.
>>79947558This is the fourth thread on this topic made in the last five minutes
>>79947558Filian is fucking retarded for thinking she can just get herself a nendroid for free without signing papers with the creator of her free to use model lmao.
>>79947589It's angry sisters as usual trying to cope with the fact their girls have no Nendoroids at all.
>>79947558purchase the commercial rights
>>79947558We already have a thread for this retard
>>79947558it's a Filian Nendo, not a "Rindo" Nendo. the artist can cope and seethe
>>79951934Are all Filianfags this retarded?
>>79951934Do you think that nintendo would let someone get away with a recolored mario being sold by some who on the internet?This is basically the same thing
>>79947766Shut up you fucking retard
>>79947558Two threads already exist:>>79947431>>79947406
>>79951975t. doesn't know licensing law>>79952045it's not the same whatsoever. mario is an established brand for which nintendo continually produces brand products. rindo is a crappy model sold to vrchat degens under a permissive license, the artist just wanted to make easy money and never thought anyone would use it for anything other than masturbation. Rindo is not a brand and is not IP in the same way Nintendo brand products are. The artist doesn't have the rights to assert intellectual control over the Filian brand
>>79947766There's many anons from all sides who would love to see an indie "Twitch whore" get cancelled.
>>79952191wow, I thought you were a LARPing sister, but you are legit retarded
>>79947766Come on man. Don't water down the sister excuse on a Twitch retard, when the actual retardation is clear for everyone to see.
>>79952191It doesn't take much searching to tell that Filian is in the wrong. Yes Rindo is not a brand or a big IP but its still an IP regardless. An IP she doesn't own. An IP she's making merch and benefiting off without contacting its owner
>>79952191>licensing law>brandYou have zero understanding of how IP law works.
>>79952045Pal world
>>79952045https://www.ebay.com.my/itm/176011106611
>>79953096Palworld didn't use any of nintendo's designs and they never patented the concept of walking around in an open world catching monsters, which is why nintendo couldn't sue
>>79953096didn't nintendo lawyers look at it and decided palworld was different enough?
>>79953096>>79954723Palworld is incredibly different from pokemon. Nintendo doesn't own the concept of "vaguely cute monster designs". The gameplay is completely different too.If Nintendo actually had a problem with Palworld and there was a case then Palworld would have died before any of us would have heard about the game.
Will this affect the other Nandroid collabs?
>>79955024Why would it
She bought the model in 2021 but the VN3 license wasn't added until early 2023.Booth Item Page (2024) https://booth.pm/en/items/3443188Wayback Archive From 2021: https://web.archive.org/web/20211120110542/https://booth.pm/en/items/3443188
>>79955024No, Doki and the Vshojos own their designs, there's no legal problems there.
>>79955041>>79955056>Filian fucks up and makes Indies look bad>JP Corpo logic will use her as an example as to why they should be cautious working with indies in the future>Good Smile stops working with Indies because of this logicThanks, filian
>>79955044But the 2021 licensing agreement doesn't allow you to monetize streams?
>>79955044Already debunked.
>>79947558its ok indies dont need any perms
>>79955660Shut up /#/tard
>>79947558Well that is dumb. Surely she has made enough money to get an original model?
>>79955369This just means there will be higher scrutiny of the IP, nothing else.
>>79955044>coping this hardVN3 license was included within the fileseven then, she didn't and still doesn't have distribution rights.
>>79955044It was in the ZIP download of the model, you can find it yourself if you do your reps.>Release, 2021年11月20日 RINDO_ver1.00
>>79952191lol
>>79955044It was in the download.
>>79952260This, especially one who has the arrogance not to get an original design despite the fact she's swimming in cash.
>can afford to buy new VR equipment>cant afford to commission a custom model
>>79955044You clearly never bought a character model from booth before. EVERY model has a license attached
>>79955721How can I find it?
>>79955369Realistically it will only screw Filian out of every single other big collab or sponsor.
>>79955857Find a website that has VRChat model rips, and then search through it to find a download link. It's that easy. For example I found one from a Mediafire link that was Rindo 1.0 from November 19th 2021 with a similar ToS as a Readme_JP txt file.
>>79955831and apparently some like to hide gotchas in the fine print so they can fuck you over later...
>>79956096Fuck I am at work so I am just gonna trust you on this one.
>>79956101What gotcha! is included in the fine print then? Says pretty explicitly that you can't resell or distribute the model even with modifications. If anything the ToS is extremely lenient, so lenient in fact which is why it's one of the biggest anime girl avatars out there because people are allowed to make and sell modifications for other owners of the model.
>>79956101>gotchasJust because you're too stupid to read your contract doesn't mean people are hiding things to specifically fuck you over. If you need someone to hold your hand then get a lawyer to read for you.
>>79956101Only retards assume they have all the commercial rights to a random free asset they downloaded on the internet.
>>79952191t. doesn't know licensing law
>>79947558What exactly is copyrighted here? It's not like the figure uses the same 3D model and the Rindo and the outfit is just a generic schoolgirl uniform.
>>79955831Are you saying that the contract wasn't viewable until after you purchased the product? Doesn't that make them practically unenforceable? Yes, I am aware most commercial software is like that, but they always have a disclaimer that the EULA is viewable on their website before purchase. At the time, was there a way to view the model contract before purchasing it?
>>79956565It doesn't matter. Distribution rights are not implicit. It would be even worse if the model came with no license.
>>79956565No...?
What does filian think of this ordeal?
>>79956707She’s probably flipping out
>>79947558I like Filian, but I do think she is retarded as fuck for not getting an OG design years ago.
In order to pay for compensation, Filian's virginity should be auctioned off
>>79956565>Doesn't that make them practically unenforceableNo? Wtf are you on?
>>79956807She has one is the thing, she just refuses to use it.
>>79956565Not at all. When you buy a videogame or piece of software, are you given the terms of service before or after buying it?
LOL
>>79957303lol. That's not how copyright, nor how the model's license (which is what Fillian purchased, she did not purchase the model or design itself, she purchased a license) works.
>>79947558I didn't know Jingo made that model. I loved his Negev art
She will have to bite the bullet and pay the artist, and then stop being cheap and pay for a new model. Unless the artist demands a lot of money, then they will litigate and it will BE OVER.
>>79956523copy-my-homework-but-change-it-up-a-bit is also covered in copyright laws.Yes it is determined case by case basis (as in there is no clear definition) but plain re-color is most certainly not sufficient enough to be considered "original"
>>79947766>sisters>watching girls>watching streams
>>79947558uhoh
>>79957867What if she doesnt have the money to pay? This goes beyond paying him $1000 and being done with it. He can sue for millions
>>79957867It's an asian artist, what if he just goes nuclear and just sue instead of working out a new contract?
>>79957867Well some people replied to him with all the other merch as well so he might seek a cut for all those too.
>>79947766Actually I'd just rather get niche anime nendos rather than western indies
>>79958013Either bankruptcy or she'll be paying in installments.>>79958086That guy in particular is too stable for that.
>international lawsuitGood luck
>>79958013>>79958086>>79958108 I personally would take the money, if its reasonable enough, and arrange a contract for future merch and transform myself on filians financial tick. But is true that asian are extremely autistic and will nuke her.
Any prediction? Incoming generic ass apology made from ChatGPT. Settled with artist privately pays lot's of money and royalties. To further repair damaged reputation pay artist to commission a model ala Doki and Rushia similar to her current model with merch rights.
>>79958291She is a twitch rat and a grifter the only thing she will do is use a different model and never apologize. People were digging into it and apparently she uses 4 different models and 2 of them were used for merch and a video game. Wonder how many of their tos she is breaking too
>>79952191>t. doesn't know licensing lawyeah, you don't you don't even know how to>t.post properlylurk 1000 yrs or fuck off back to twitternig
>>79958291>Artist is reasonable outcomeGonna lose a lot of money>Artist is pissed and unreasonableGonna lose all of her moneyLose lose situation.
>>79958291GSC cancels it, it's awkward for a bit but everyone just memoryholes it
>>79958291Nendroid will get cancelled, the rest will be solved behind the scene - probably involving a lot of money - and no one is going to say anything about this to the public ever again. Maybe "we resolved the issue behind the scenes" and leave it at that.Shortly after the cancellation of the Nendroid Filian is going to start streaming with an original model.
Why would anybody other than george floyd's crowd hating on that lil shortstuber this bad kek
>>79958572I don't see a single post of hate.
>>79958227If he wasn't contacted about any of the other merch and he's finding out about it all just now he won't be stable for too long.
Funnily enough, just yesterday I got recommended a short from her where she saw an ad using her model and said she can't do anything about it because she doesn't own it.If she knows this to some level so why the fuck?
>>79958694ego
>>79958280These happen all the time.
>>79958287Unless she decides to not pay up I doubt it. Why burn bridges when you can make money off of it instead.
>>79958291He is probably gonna be fairly nice to Filian and cut a deal with her. Getting royalties for years and being known as a fair and nice guy is way better than ruining your reputation for a few thousand bucks.
>>79958918>a few thousandlol
>>79958694I was thinking about that video, she definetly knew something about the licence of her model and was public about it too, I genuenly thought she and Mythic already had arranged a deal with the artsit. what is even Mythic role when it comes to managing vtubers??
>>79958918>a few thousandI agree with you on the conclusions but let's be real he could fucking ruin her financially.
>>79958918Why would the artist lose his reputation for rightfully claiming copyright of his own work?The fuck are you people smoking?
>>79958370>People were digging into it Sisters are on the case! Everyone knows she has multiple models and changes them midstream. She's one of the most popular vtubers in EN. We've seen streams you filthy fujos.
>>79959012he basically wants for the artist to be known as a sissy fuck that can be walked over anytime by anyone sorry for the ESL
>>79958918Don't you know how menhera artists are when they feel they've been slighted?All the jap examples? That fag that wanted to slip into marine'd DM's and reeeeeee'd like a retarded when he was rebuff fell screeching into the ether. Same with the guy who though two holos were making fun of his shitty bl story and the one that had a shitfit because one of the jp homos made a game that was similar to his but fixed some issues that it had.In every instance a more level headed approach would've been better for them personally in the long run, but instead they all screeched as if they'd been stabbed by hot pokers instead.
>>79959076Those situations aren't similar to this one at all
>>79958642There's a difference between having a melty on twitter and seething in front of your lawyers.
>>79947766Or you could just admit she’s acting like a disrespectful idiot who thinks there shouldn’t be any consequences for her actions. Won’t deny that she can be funny, but she repeatedly shows that she thinks she can get away with anything. Presumably not trying to contact the artist or not waiting long enough for a reply and lying to Good Smile only makes her look like a retard or massively entitled. No respect whatsoever for the law or original artist, and this all got proved to a very big audience.
>>79958370How fucking new? God I hate this board. Filian was clearly in the wrong in this situation, but Jesus fuck, having you retards argue on the same side is annoying.
>>79959076>compares personal beef to actual copyright theftRetard
The guy is basically set for life with all the money she owes him
>>79958694>Why worry about something that isn't going to happenSomething along this line
>>79959152You have no idea what she did or didn't say to good smile.
>>79958877I was thinking the same thing, but is also true that Filian sold a ton of merch using the model before the nendroid and this person didnt knew about it and could get pissed off (hope not).
>>79959165If he sues her he might make a million.
>>79959121Indeed, this guy has legal right. I'm just pointing out that the>oh but think of all the goodwill he has to gain by rolling over!!!1 he'd NEVER do that!!1spiel assumes too much of >artistiquepeople in general.
>>79959208We have multiple examples of her implying she owns jingos model. There is no reason to make up some cope stories that she didn't lie to good smile
You thought she was the Gura killer but actually it is the Gura killer killer
>>79959218Most of which will go to lawyers. Would be better just to come to a licensing agreement and get royalties on all filian merch going forward
>>79958287>i would take money and do a % splithow much money?because you can argue that all the shit she sold using their model can get tallied up up to 10s of thousands or 100s.i would contact every one that sold merch using that model and tally up how much she made in total and make her pay that + do a 30/70 split (i get 30)
>>79959272The curse is way too powerfull.
>>79959239There are multiple examples of her saying she doesn't own it
>>79959288Everybody shut up we have a professional lawyer here
>>79959343
>>79959288You realize Filian would end up having to pay most or all of those costs too if she loses in court, right?
>>79958918A relatively known JP vtuber IP costs around 50k usd. That was 2 years ago. She probably has to pay more than 5 times that amount to compensate for all the other free users using the model and if the owner is willing to sell it to her. That doesn't include damages and non-payment of royalties.
>>79947558>negev fanWhat's wrong? You don't like the practices of the people you admire?
>>79959208Sure, but there’s also no evidence to say she did mention it to them. They’re an established company with decades of experience, a huge number of IPs working with them, and likely their own legal team. I find it very hard to believe they would have gone ahead with this idea if they had known the full situation and risks.
>>79947558Okay we all agree Filian is pretty retarded for not dropping her default model for years now. Seriously how has not switched over yet to something new? Just switch over to a semi looking cat model and sell your merch. I'm surprised it took this long for the artist to find out
>>79959438 Good Smile must be scratching their head, trying to figure out how she made it this far without getting caught.
>>79947558Sasuga purple dumpster "vtubing".
>>79959208The Good Smile contract would have required her to state that she owns the rights to the IP in order to sub-license Good Smile to produce the merch. This does not fully absolve Good Smile legally though, as they are still on the hook for damages to the original artist. It just allows Good Smile to go after Filian to recoup any costs arising from her misrepresentation.
Always funny seeing how little the average person knows about IP lawsIT DOESN'T MATTER IF FILLIAN'S MODEL ISN'T HERSThe only thing that matters is whether the Nendroid is copying the original Rindo design or notA trademark is what you're not allowed to copy, to the point using the color green and putting "star" in the name of your coffee shop can get you suedThis case falls under COPYRIGHT which is different and boils down to "did you copy an existing work?" the Fillian/rindo stuff doesn't matterKeep in mind that comparing the two the artist probably has a case since IIRC virtual models and 3D statues are considered a similar medium and the two are very close, although I doubt it's worth a lawsuit
>>79957881That's true if it's a distinct design to begin with but I don't think that holds up when the design is just a schoolgirl with cat ears.
>>79959521good smile can just use that as breach of contract, if they have standard contracting rules and filian still needs to pay up according to their agreement what ever it is. good smile is ok
>>79959477Sorry to say but Filian is a nobody. She can host annual vtuber awards as many times as she wants and still be irrelevant in the mecha of vtubing.
Why exactly has she spent years using a recolor of someone else's character? She should have been able to afford her own stuff, ja?
>>79959302Less money than would had gain in court, international cases are money sinks. It all comes down to her offering something good, becouse she is in the wrong, and the artist dont being too stubborn and take it. Of course the artist have all the right to go nuclear becouse Filian is a cute idiot.
>>79959608she is too dumb to have someone make her original
>>79959669Why didn't she pay the creator?
>>79959693it is not for sale
>>79959693Grifters love money
imagine simping for copyright law purely out of spite, get a life homos
Hey Filian quit being a cheapskate and commission an actual model.
>>79959608she has her own model but doesn't want to use it because it's not iconic as her current one
>>79959537Are you retarded or something? The thing you are saying applies to every single piece of merch Filian sold in the past.
>>79959724If you tried to sell a Pikachu figure with Good Smile Company everyone would rightfully call you a retard.
>>79959724Imagine being so jewish to steal a model instead of buying it. PAY FOR YOUR SHIT COMMIE BASTARD
>>79959693It's hard to make the argument she was being stupid or ignorant when she's acknowledged the rights issue on stream.
>>79959783Nuero-sama got a real model. Filian can do it too.
>>79958962>>79959003Filian is popular but most of her fans are underaged twitchfags so I really doubt she makes that much money with vtuber merch. If he drags her to the courts and they agree she owes him royalties I really doubt it's gonna be more than $10k.
>>79959861sorry for telling you this but filian is a woman
>>79959790She owns the right to the performance, the artist owns the right for the modelIf you can prove the merch was based on the performance you are in the clearIt's why you are allowed to use Mozart's music but not the Royal British Concert's live performance of Mozart from 2011
>>79959955You are legit a retard never mind.
>>79959913nore likely Filian is going to purchase model with all rights for herself for 10-30k$ than to go royalties route
>>79959955LMAO
>>79959913If he asked for more couldn't they just seize her stuff like house and shit to pay him back?
>>79959913Filian is a vshojo orbiter. She could always open up her legs and pay up what was owed.
>>79960032mousey licking her lips rn
>>79956565So what, if it wasn't there then she would have zero rights to use the model at all. She could just download and look at it.
@TheLegalMindset
>>79959955The nendo is based on the design of the model, not any type of performance.
>>79960032weren't they getting new member soon?
>>79960151wdym, the nendo is doing a flip, so now it's filian's IP
>>79956523>>79957881>>79959542Yeah, I'm reading into this and I just didn't think the Rindo design is actually copyrightable. >Visual and literary characters>Copyright protection is available to both characters that have been solely described in writing, as well as characters depicted in a visual or graphic form.[15] What is required is that the character in question possesses original or a set of distinctive traits, and visual representation is not essential. For example, simple representation of anthropomorphic versions of human emotions by color is not sufficient for copyright without unique characterization traits.[16] If the literary character is not depicted in a visual form, and has only been described in writing in a few lines, then the character cannot enjoy copyright.[17] On the other hand, where the characters, like Sherlock Holmes and Dr. Watson are found to be distinctive enough, they are held to be subject matter of copyright, even if they are merely in written form.[18] Copyright protection may be granted to comic characters where the physical and conceptual characteristics find unique expression in graphic form.[19]>Components of character’s identity>Copyright protection may also be afforded to the individual components of a character's identity. For instance, copyrightability was granted to the glove worn by the antagonist in the movie A Nightmare on Elm Street on the grounds that it helped identify the character, and therefore enjoyed a distinct protection separate from the character.[20] Similarly, the superhero Batman’s car, the Batmobile, was held to be protectable by copyright on account of the fact that firstly it had a set of distinctive traits, and secondly these traits could be separated from the utilitarian functions of the car and be represented in pictorial, sculptural and graphic form.[21]>Stock characters >The scenes a faire doctrine holds that those scenes or aspects that are indispensable to the story or are standard expressions cannot be copyrighted.[22] This limitation also applies to fictional characters.[23] Therefore, stock characters or archetypical and hackneyed elements are disqualified from protection by virtue of the fact that they are not unique in their expression.[24] Maybe the sneakers are enough to make make the design original? idk
>>79947558They will be paid off to shut about this
Original ital*an plumber man donut steel
The nendroid is most likely to get canned and if she doesn't sort this out she'll probably never seal any deals with a Japanese company in the future. This isn't something you can just flip off and get away.
>>79947558Filian should have commissioned an OG model for herself a long time ago or just sign for exclusive rights of her recolour. If Doki was able to do it in less than a year she could do it too. Her "vtuber in training" excuse isn't gonna work against a copyright lawsuit.
>>79960273Wow, it's donut steel!
>>79960146Legalmindset always sides with the hip young vtubers no matter what theres no point in hearing his opinion.
>>79960273Ah yes, Antonio the Plumber
>>79959993Good luck trying that know. The artist has the upper hand here, and I don't think he would accept that deal right now. Reminds me of Sapkowski selling the rights of The Witcher to CDproject for cheap and some years later backtracking and trying for royalties. In this case the rights weren't sold to begin with, just a license agreement for no comercial use.
>>79960151Yeah the nendo is indeed a bit too obvious, something like a stylization would probably work though, emphasis Fillian's mannerisms in the work etcWhat's really baffling is why she didn't just recreate the original design 1-to-1, copyright is so broken you pretty much can get away with anything aslong as you don't admit to using someone else's work
>>79960275>This isn't something you can just flip offAnon... she CAN do a flip off her own nendo, and we cant stop her. She's too powerful.
>>79952191I didn’t think people actually went through life being this retarded.
>>79960273Mario is clearly an original and creative design though. This is more like trying to copyright the idea of a man with brown hair wearing overalls.
>>79960408bruh
>>79960449>different clothesnot the same, filian won
The artist doesn't own the rights of "Filian". He only owns the rights of the 3D model he made.He can bitch about Filian using his 3D model but not the design compromised of the color pallet and the name "Filian".The design is also generic as dicks. Generic anime catgirl, school uniform and high thighs... Yeah good luck copyrighting that.
>>79947558At what point do the model just become her own thing cause at this rate it might just be give the Gamersupps cup, Makeship doll the Novel Horizons figure and the youtooz figurine
>*flips*>fucks up her whole career forever
>>79960386It's exactly it
>>79960366it only filian why that model is popular hence it is not 1k-5k$ as usual for generic shit model
>>79960408It's not about design. She could copy the design if she wanted. What matters is that she is literally using the asset.
>>79960449>different hair color >different eye color>different clothes >different proportions So again, what exactly is copyrighted here? Is it the crisscrossing headband?
>>79960449She looks so breedable unlike filian who looks retarded, she can flip away from the lawsuit and countersue for defamation. Filian wins again
>>79960449If this is the model that's causing the uproar, then despite initially siding with the artist, I don't think he has much of a case. All the recognisable/marketable details are way too different.
>>79960449but does it flip?
>>79960497You don't understand Twitter fags who only know law thank to Youtube think they know everything
Waiting on the Americans on the west coast waking up and reacting to all of this
>>79960554The fact that she is using the asset as is.We had this discussion about palworld. As long as they don't literally take the asset for Pikachu and recolor it they are safe. This is exactly this case.
>>79960552She uses the asset for her streams but from what I understand that's allowed by the license. The nendroid uses a new model based on the design, so whether there's an enforceable copyright for the design is what matters.
>*flips*>becomes homeless
>>79960590they reacted to the news when it dropped
>>79960497wtf, you are right kek, the artist is cooked
>>79960273>>79960542Sonic and Mario are unique designs trademarks.Anime girl with cat ears is a public domain trope.
>>79960554>same face>same body>same accessories ffs anon you can't just dye your hair or wear contacts then argue in court that you're not the same person who committed the crime
>>79960594see>>79960615
>>79960630You keep saying this but that’s not true at all.
>>79960634Unless you have a good lawyer and can make proof that you was at home or no where near where it took place
Guys here's my new design she is called westkin wikkaShe is nothing like Pippa because she has a hat sneakers and a different hair colour. See you in court suckers.
>>79959913The monetary damages is minute compare to reputation/brand damage Fillian is going to suffer. Unless she resolve this amicably with the artist (pay up and get a proper agreement with designer), it's going to harm her future opportunity with other major organizations and corporation.
The retarded snacker cope is hilarious, keep it coming
>>79960576He might still have a case if he claims it was prohibited to edit the model or replace it's clothes with something else but he can't really say much about design
>>79960615If the nendo uses design elements from the 3D model then she still isn't safe.Regardless of whether there will be a lawsuit her reputation is fucked and GSC will cancel it if she doesn't attempt to mend this, most likely monetarily for the artist.
>>79960661And you have no argument
>>79960680Kino. Would unironically oshi.
>>79960680Kek you are right. Pippa is cooked.
Rindo comes the sailor uniform included.
>>79960449>>79960474>>79960576
>>79947558Isn't her different from the original?
>>79960634>same face It's just a generic anime face. >same body Completely different proportions.>same accessories That's what I asked. Is the crisscrossing headband enough? I don't know.
>>79960744Literally just retextured the hair color.>>79960730>>79960733
>>79960699 (me)>>79960730case closed then
>>79960733>still differentyou lost, filian wons
>>79960730>>79960733Ah, so Filian really is just a recolour. Fair enough.
>>79960680>Filian antis are phaseniggersWow shocking. phaseshitters are bad as nijiniggers but they weren't noticed because they are nobodies
>>79960763And eyes and crisscrossing headband
>>79960755This argument isn't about the design. She is literally using the asset with slight recoloring.
>>79960730>>79960733Can we get a side by side comparison of Rindo and Filian?
>>79957881You literally can't copyright a generic catgirl. That's the whole reason why the big corpos all try to get more unique designs that are actually original and copyrightable.
filian is a retard for not sorting this shout out the moment she blew up in popularity
>>79960730JINDO INVENTED JAPANESE UNIFORMS?!NO WAY. He should sue the whole anime industry! No the nation of Japan as whole!
Hello guys this is my new design.Sheresh Fena. She is a Brazilian fan and is similar to the vtuber Ceres Fauna but the clothes are not the same and I've used a different gradient of yellow for the eyes. She also doesn't wear shoes.
>>79960808See >>79960615What's relevant is whether the design is original enough to be copyrighted in the first place.
>>79960831It's not about the copyright of the design of a catgirl. She would literally be in the clear if she hired someone else to copy the design. She is currently just using the 3D model as is but with a recolor.
>>79960680Welp case closed Westkin Wikka is nothing like Pipkin Pippa.
Even if she could get way with it this time, she should've sorted out the issue for commercial rights like long ago. How much effort does it take to just contact the guy? Unironically a huge L not just corpo wise but vtubing as a whole.
>>79960261I thought people knowing the thing enough that it become a will known thing also part of copyright law
Rate my original design.
Didn't Vedal redesign Neuro, instead of using the generic stock vtuber model, exactly because of copyright bullshit? This seems pretty cut and dry. What excuse does Filian have?
twitchfags are braindead but you cant fault them when their defense for watching full movies on stream is "just delete the vod lmao"they genuinely think that good smile deleting the tweet means shes off scott free
Will it be cheaper for good smile to just cancel, since its really early in production or do they think its gonna sell enough to offset any legal costs?
>>79960909No, that's trademark law.
>>79960944flips
>>79960846Now show me 20 variations of an anime girl with a sailor uniform, that hairstyle, facial features, accessories and overall body shape.If its generic, surely that shouldn't be difficult, right?
>>79960943Can I make a nendo out of it? I'm sure nothing wrong is going to happen.
Isn't this only about the model itself?
>>79960847>noooo lookalikes can't be original IPs
>>79960943Change the outfit
>>79960960I see
>>79960957They are japanese, the sure as hell don't want the reputational damage of using a design without the artists license. She will have to either buy the license or hire another artist to draw her up a replacement design fast if she wants the project to continue
>>79961002Pretending to be retarded is still being retarded.
>>79960990You realize that diagram looks like an acrylic merch right?
>>79961025Or just paid off the artists to shut the fuck up about someone using their shit models
>>79961002God I want to manhandle and ruin Karubi.
>>79961002These were all commissioned from the artist with the intention to use as the IP. Filian paid for the Rindo model to use as a VRChat/vtuber model, but did not pay for the right to use it as the IP (which is required to make merchandise).
>>79961013Done.
>>79960967He owns the rights of anime girls, cat ears, sailor uniforms and long hair?Damn this guy must be rich
>>79959919If AI can surpass women now what use are they?
>>79960944>What excuse does Filian have?90iq sea
>>79961002They are lookalikes not because the looks are similar but because the art style is similar (same artist).Based on your logic, Doki violated something for copying Selen.
>>79961103Filian, I understand that you're panicking, but you need to be talking to GSC's legal team and not randoms on 4chan.
>>79961102Good enough for my subhuman 90 IQ filian fan brain.
>>79960944>What excuse does Filian have?Her giving a fuck about some random nobody's 3d model
>>79960874See>>79960858
>>79961102Bro mind if I steal your model and sell it as merch? You dont right its mine now after all
>>79960831Rindo isn't a generic catgirl. It may be typical in design, but the assets and design in question are not fungible with other 'booth catgirl models'.The only question is whether the terms of use for the model explicitly forbids the use of the model in the production of physical merchandise without individual license (IE: You cannot 3D print and sell the asset(s) commercially) or more broadly forbids the use of the design for the production of physical merchandise without individual license. I don't have the license in front of me, but if I was a betting man I'd put down on it being the latter, if only because the other parts of the license are strongly permissive for the creation and distribution of derivative work.I think this will be settled amicably, but Fil is clearly in the wrong (and has accidentally hoist themselves by their own petard with their 'I am my manager' joke as well).
>>79961181Well she's gonna give a fuck while losing all of her income to him in court.
>>79961093The only owns the 3D model.The "IP" is hardly copyrightableHe doesn't own catgirls, he doesn't own school uniforms, he doesn't own the color pallet, he didn't tag the name "Filian" on that model.
>>79961102Kek! Nendo when?
>>79955821SHE HAS A CUSTOM MODEL. The idiiot kept pushing the debut for years now. Maybe she will learn now.
>>79961209We know the current version of Rindo includes a clause about making merchandise. We do not know if the 2021 version, which Filian bought, has that same section.
>>79947558>my design is really popular! do i >a. ride the wave of success and get a bunch of commissions>or b. spergwhich way artist man?
>>79961218Unless a new model get made that look like it without using any of the model parts
>>79955369nope, there is no legal risk for manufacturer. all risk carried by orderer, in this case filian or mythos, manufacturer makes profit either way
>>79961266Yup, it has the same section in the download.
>>79961170kys schizo turd monkey, do something with your worthless life other than anti'ing anime girls online
>>79947558
>>79961052NTA but isn't that only about the actual model? If the company took the model that Filian uses, lasso it in photoshop then put it on anything then yeah, it might be a gray-only-for-lawyers-in-the-court-to-decide kind of situation.
>>79961334Filian noo stop seething.
>>79961334>>79961282>>79961228Filian, get off of 4chan.
>>79961282That model was popular before Filian ever existed. Sorry to disappoint you but your oshi has always been irrelevant
>>79961282It's not sperging. More like clarifying things. Idk if broadcasting it is wise though.Does not matter either way. Filian fucked up. Like the other anon said, it will be likely settled amicably.
>>79947558I sure can't wait for this twitch whore to be shilled even more than she already was
>>79961365The only reason people ever know about the model is thank to the "irrelevant oshi"
>>79961380not sperging in this case would be settling this behind the scenes. making a long ass tweet whining instead is classic artist behavior.
>>79958013sueing for millions is only in murica land of retards, elsewhere it is based on actual value
>>79961266I am 100% sure it came with a license; I come from a world you may not understand (/vrg/ says hi) but I'm pretty sure Booth requires licensing information to upload and share. They are a storefront afterall; the only change that may have occurred is displaying license information on the store page.I checked a few of my models (one from 2018). They all have short, but extremely explicit licenses.
>>79955821To be fair... custom models are more costly. Also it doesn't matter, she pretty much made that model her own. Anyone buying that same model is now a Fillian wannabe and won't find success that she has.
>>79961282Artists are retarded animals, I am so glad they are being replaced with AI.
>>79959272When the fuck has labeling ANY vtuber a "Gura Killer" ever worked out?
>>79961431Guess you cant read and I'm the stupid one here for expecting basic literacy from a fillian viewer
>>79961228He owns the exact design of this catgirl though and Filian can't make merch with the exact same design elements of this cat girl.It's like you're saying you could just make and sell merch of a figure of Gura with the exact same clothes and design elements, but make her green and name the character Bobbie.
>>79961483>I'm pretty sure Booth requires licensing information to upload and share.They don't require it, but Rindo had in the download before being updated with a link to the license on the page.
>>79961556>exact same clothes and design elementsYou mean hoodie and shark
>>79961532Fans reflect the oshi
>>79961556gugu gaga my beloved >>72004997
>>79961229>>79961208DONE
>>79960943mikger
>>79961483Can confirm, booth is anal about licensing and has been for a while. They have to be since a lot of people are trying to sell modified MMD models they don't have the right to. It used to be pretty bad, with pretty much anyone in the MMD modeling community calling out VRChat and associated marketplaces for not acting on licensing infringements.
Everyone going on about how fillian fucked up, no one talking about how goodsmile couldn't do basic fucking research when acquiring the license. They've worked with Disney and Nintendo ffs, how did something as simple as emailing jingo slip through.
>>79961431FIlian is not even the most popular vtuber using that model absolute tourist twitch baby.
>>79961480Even in America commercial/business cases are usually pretty by the books. Unless one party was intentionally trying to cause damages things are usually settled in a fairly civil manner.
>>79960943NIGGGAAAA
>>79961649FORGOT ABOUT THE HAIR FUCK FUCK. COVER IS GONNA SUE ME TASUKETEEEEE
>>79947558Give it about a week and people will forget about it
>>79961675Not their job. They probably just trusted her when she said it's all ok she has permission to make merch.
>>79961697Yup, the artist will be paid for the commercial use, maybe a small token on top as token of goodwill, and that's it. No one here would know tho because it doesn't happen in their basements.
>>79961775Does Filian have this money to pay him?
>>79961675Did you realize that people are just using this as an excuse to attack Filian yet?
>>79961814She's gonna have to sell her body...
>>79961761People will 100% forget. Japanese companies she may want to work with in the future will be much more wary, however.
>>79961762It's literally their job
>>79961675They trusted Filian. I guess JP companies will never trust her again in the future.
>>79952191Everyone pay attentionThis is the type of cocksucking retard who watches legalmind
>>79961833Just pay someone for a new model that 100% the same yet not using any of the old files
>>79961556>exact design of this catgirl thoughWhat are the design elements that make this exact catgirl distinct from generic catgirls? Gura is a clear case of an original design.
>>79961920Hay man, don't tell me. Tell Filian.
lol. lmao.
>>79961920Filian is a little jewy.
>>79961556Gura's elements are distinctive enough. The Shark theme'd hoodie is a deliberated design, the IP Gawr Gura is a named trademark officially registered.You can't make generic school uniform catgirl and sue everyone, especially if this artist didn't trademarked the design "Fillian" with all her respective elements.
>everyone grilled the shylily look alike alive for looking like shylily>fillian is completely a different case because I said so!!Do retards making this argument do it in good faith or in pure retardation after rotting their minds watching grifters throw legalspeak around 24/7?
>>79961920I think the issue with that is the lack of good 3D modellers, otherwise it would have been easy for her to do this by now.
>>79962126Filian's viewers are far more brain damaged.
>>79962010>>79962076You can't be this retarded. Using Nintendo's Mario assets giving him a tracksuit and blond hair doesn't mean I own him. Filian purchased the asset. But still abide by the terms.
>>79962126They are Twitchfags, what else did you expect?
>>79962204Bro, they made your same argument and they still ignored it >>79960594 they are trolling.
>>79947558But how will this affect Good Smile's image?
I just came for some juicy drama but I'm getting a fucking aneurysm reading a bunch of retards that don't know the difference between trademarks and copyrights.
>>79962298It will be forgotten as soon as the nobody modeler get paid to shut up
>>79961902He isn't wording it the best way but generally he is right. The artist has no claim to the filian brand because the Rindo model is essentially just a tool and can be easily replaced without it affecting the overall filian brand.
>>79962348I hope he milks her out of every single penny.
>>79962369Not if she stop using the model and paid to get it remade
>>79962364Bro define "brand". The artist has no claim to the Fillian name or channel but any products she made using his IP in violation of the terms of service they absolutely has a claim for remuneration
>>79962423No nendoroid then
>>79962204>>79962281No, you continue to ignore me >>79960615>>79960858 Three nendroid is a new asset. So what matters is if the design is original enough to be copyrighted.
Still complete silence from her my guess is she is shitting herself right now with 4 potential lawsuits
>>79962423He can sue for a cut of the proceeds from past merch she produced illegally. It's best that she settles quietly and actually commissions her own model to use going forward. She's been incredibly retarded
>>79962731>cuthe can potentially sue for all of it.
>>79962291If they cancel the nendo, it won't affect them at all. If they go through with it, it'll be much more uncertain, but even then they'll eventually push through unscathed. Regardless of whether or not they should have looked more into who had what rights, people will unironically see them as one of the "victims" in this, since it's very easy to look at the whole story as Filian lying about owning the rights to the model, and selling it as a nendo. At the risk of sounding like a black company CEO, the financial loss will be negligible.
>>79962674You are extremely retarded. Take my example >>79962204and imagine me selling a nendo of this character. Here's your answer.
>>79962719You will never be a lawyer, shitter
>>79947558SUE SUE SUE SUE
>>79962663Cope, Nendos can be delayed and nothing about it was made yet, this was just the announcement.
>>79962867Filian is retarded
>>79962674The nendo is an asset specifically based on HIS design of a catgirl with sailor uniform and headband and bells.She can let GSC make any kind of white haired catgirl. Just not this one.
>>79962985No nendos ever again after this shitfest that's for sure.
>>79962802That's actually true yeah. She wouldn't have been able to generate that revenue without that IP and it was done in violation of the licensing agreement
Imagine ruining your whole career over this shit.Man greed really knows no bounds.
>>79963075*stupidityIt would cost her pocket money to get a new model.
>>79963041Lets hope she still has records of all her merch sales laying around otherwise she could get into even greater trouble.
>>79963075She could easily buy herself a design and model but bro was minmaxing too hard.
>>79962815Yeah, I don't think that would be enough of a transformation to be fair use and would violate Nintendo's copyright of the character Mario. But that's not what we're talking about. The Filian nendroid is a new asset so, once again, what matters is if the design of Rindo is original enough to quality for copyright in the first place.
>>79962806Now that they've been made aware though they'd be liable if they did go ahead with it. I don't see it happening without a deal with the original artist. Fillian might need to eat the loss because she won't get another shot at a nendo if she doesn't play ball
Filians fans are sending death threats to him>>79961020
>>79963179>same uniform>same bells>same headband>same body and face structurebro.
>>79963171She doesn't have a manager though right? I sincerely doubt she has those records
>>79963244you can't copyright "face structure"
>>79963195That's a post on 4chan, not a death threat directed at anyone, sister.
>>79963009>catgirls, sailor uniforms, headbands and bellsHe should sue Nekopara next, he finna be rich
Filiankeks she can come live with him after jap man ruins her bank account by sucking everything out of it.
>>79963277I can only hope for her sake that she does because a decent lawyer will squeeze her for all she's worth.
>>79963362Go make a thread with this in the OP>Some of you guys are alright, dont go to Anime expo tonightAnd prove to us how right you are
>>79963244First of all the body structure is completely different between the original Rindo model and the nendroid. But that's not important. So once again, what matters is if the Rindo character is original enough to be copyrighted. There's no need to compare Rindo to Filian because there's no disagreement that if Rindo is a copyrighted character then this nendroid is an infringement on that copyright.
>>79958918everyone underestimates japanese artist autism
>>79962623His IP is the Rindo character and I don't think Filian ever tried to sell Rindo merch. He has no claim to Filian merch just because it looks vaguely similar to one of her on stream models. For example pic related could be based on his IP but is actually based on a different model from a different artist.
>>79963461Fuck that one sheriff (in Minecraft)
>>79963461dont actually do this because they will permaban you and hand your IP to the police
>>79963657The nendo is Rindo merch. It's the same design and a color swap doesn't offer any protection. You can argue all you want on this mongolian basket weaving forum but legally she'd be torn to shreds
>rushia with different colour hair is not rushia
>flips>lands in the courthouse Oh Filian, you so silly.
>>79963866Did people already forget about the palworld seething? You can get away with a ton of shit with some minimal changes.
>>79963657The nendo is the rindo character but with white hair.
