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  • Moderators
Posted

looks ok only thing i would mention is the topbanner graphics they look not so good and also alot off pages have u are not allowed to vieuw

Posted

looks ok only thing i would mention is the topbanner graphics they look not so good and also alot off pages have u are not allowed to vieuw

The site is still in progress of being fully completed. All pages should be up by Wednesday when we open. Also, we are working on an updated banner at the moment. Sorry for the inconvenience. Feel free to view the completed site Wednesday(:

  • Like 1
Posted

Some friendly advice. DO NOT advertise your site/VA until it is fully finished. I understand your enthusiasm, but it creates a bad impression and folk are unlikely to return. ;)

  • Like 1
Posted

That's a paid skin and as far as I'm concerned you haven't bought it. Please either prove me otherwise, purchase it or take it down ASAP and delete your copy.

  • Moderators
Posted

Tom not to be a picky person but how the hell did he got your skin iff its a paid one and he didn't pay for it ?

Posted

It was sold to me by a guy by the name of Justin Romaine a while ago and we shutdown for a bit and now we're back up and running. I was not aware it wasn't his skin to sell.

  • Moderators
Posted

iff he bought this one from anny person and he has proof then i can't think off anny problems with this skin iff i bought something in the past i am free to sell it again iff there are no special conditions made by the orriginal seller.

so Tom my question goes to you iff you ever solled this skin to the name he is telling ?

Posted

Joeri I can't tell whether or not your being genuine? In any case Tom sells his designs to a customer for use on their own website i.e not for resale by them, It's the same for any web designer otherwise there would be no money to be made in web design/development.

Posted

Joeri, you can't be serious? Just imagine you did a design and sold it to me, and then I sold it to 5 guys after that? No logic there.

Posted

Sometimes I wonder why these types of things are not taken up in private. But, Joeri, I relate to you... That would maybe be okay if it worked on a license system and each license that is bought from Tom there is one site using the skin and he can be sure of that, but otherwise, thats not right to re-sell peoples stuff.

  • Moderators
Posted

ok let me rephrase as i think i am misunderstood.

where i live when i buy something there is a buying agreement in tose there is stated what i can do with the product iff its a slingle use license i only can use it iff such license isn't there i can use it and iff i want to i can sell it again (only 1 time) so iff tom made the skin like he did and he has such a license that this can only be used once then ok the person can't sell it again but iff this isn't in the agrement the seller can sell the skin to 1(ONE) person so that the second person can use it as a single license the seller is not allowd to make proffit off it but can sell it 1 time and this can continu iff tom stated that this is not allowed in his license selling is not allowd and tom can go to court with this. hope i make myself clear now

Posted

Why would anyone release anything and allow others to resell it? The original author would make nothing; one guy would buy it and sell it on multiple times for slightly less and make more from it than the author...

  • Moderators
Posted

iff you didn't put this in anny license agreement then the person can sell it again i don't mean multiple times but he can sell the skin again for further use only one time i don't mean as way off getting profit from it.same goes for multiple things like a car or a house you can resell the item again unless there is a statement that you arent allowe to resell it like i had on a shared hosting i had in the past there was clearly stated yo uare not alowed to sell your space further. and as far as i looked you don't have it stated but i can only look until i would need to pay for it so i don't know what sort off license you have with the purchase.

Posted

I dont know, but as i have purchased it and was not aware he wasn't the original author I won't be paying anyone else as i have already paid for it. Tom, you should go to the guy i bought it from and get on to him, not me. I'm correct right? I've paid for it and didn't torrent or anything so I'm out of the issue. @Joeri, it's just like anything else, if i buy something and don't want it (and there was no contract or agreement) you should be free to sell it to someone else. Either way, i've paid for it and my part is done.

  • Like 1
  • Administrators
Posted

This happens more often than anyone would think. It happens to templates, modules, payware aircraft, and just about anything else on the net. And if you can not tell it drives me absolutely nuts.

I cannot say for other countries but I imagine most are the same, in the US the burden is on the person using the product, item, service, or anything else to prove they have the right to do so when it is requested. This can be in the form of a license, receipt, open source license, or any other tangible proof.

Here it is also against the law to continue to use or possess an item that has been obtained illegally, and yes, purchasing it unknowingly from someone that has stripped copyright notices or license requirements from the product is considered obtaining it illegally. Once notification is made the product must be removed from use, destroyed, or returned to the rightful owner.

If I purchase a car out of a newspaper ad from a private citizen and go to register it and it comes up as a stolen vehicle I do not get to keep it, after I explain what has happened, law enforcement is going to seize the vehicle and I will be left with no vehicle and most likely will be out the purchase price as well. It is not up to the person that had the vehicle stolen from them to get my money back for me.

As far as this skin is concerned it is pretty obvious from the link contained at the bottom that links to Tom's shop that it is a payware skin. (http://www.tomsterritt.com/phpvms/) I do not know if there is a license included in the original package or not, but that comes down to splitting hairs over what should be common sense. In the source code (image attached) it does refer to a license.

If the person that sold it to you is not willing to return your payment, shout his name from every forum you can, call him out on it, make sure others will not fall for the same thing. I have in the past actually paid people in the form of module credits that have alerted me to my own products being pirated and I have been able to confirm the lead.

My rant will not stop anyone from continuing to use products illegally, it is much easier to claim ignorance when and if the time comes that the person is confronted by the issues of copyright infringement.

The excuse " Either way, i've paid for it and my part is done." is one way to address it but it will not fly when and if the time ever comes to defend yourself in a legal situation. The unseen part of it is that you have probably alienated a guy that could probably help you in the future with your VA when you need it.

You will I am sure do what you want and probably respond that I am just a sour old man but you will never change my view on what is right and what is wrong. If you are having to find excuses and lay blame, then it is probably wrong.

/rant

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  • Like 4
  • Moderators
Posted

David in common sence you are correct but here like you tell with the car its again diffderent as you buy from person a and he stole it from person b you car won't be seaced immediatly and somethinmes in the end you can keep it. i am not saying that what taran has done is correct but as far as he knows he thouth the other person was the first seller or iff he looked closley he woulmd notiched the link to tom but iff tom neglected to make a license not to continy selling of the skin(single sell not just coppy and sell multiple times) then i can't blame him for buying this and is it up to him and tom to work this out.

this id my vieuw on this and i will assume most won't like this but it was up to tom to make sure that his skin wasn't selled further(setting this up in a buyer license) if he did so then i follow tom and i encourage taran to take the skin down and request a refund from the other seller.

Posted

simpilot is completely correct.

Essentially you're saying if you bought a stolen laptop from someone, just because you didn't bother to check it wasn't stolen you should have the right to keep it.

I think not.

As your answer to my PM was less detailed than your answer here I too shall continue here.

I suggest you seek a refund from the person you bought it from as it was not theirs to sell.

If the skin isn't paid for or taken down by 10:00 GMT Monday 5th August I will be issuing a DMCA takedown notice to your both your host and ISP.

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