ER

[Sarah]

Mon attention a été attirée par le message de Jordi R. Cardona (Jordi) sur Hiperia 3D : The Worst Of ER (après un message de Taranis - merci Taranis :) - sur le microtchatte des berSZerkers).

Dans le "stock" de ER, on trouve des mondes de gens connus : Thyme, Tidus, Erny ... et même mon "Black Sun island".
Ce qui ne me fait pas rire.

Parce que je n'ai jamais autorisé personne à copier mes mondes ni même à faire un lien direct vers mes wrl's.

Je vous invite à lire le post de Jordi et ensuite à visiter ER pour vérifier que vos créations y sont, ou n'y sont pas.

[Arsène]

Vous avez aussi le droit de réagir, sur le blog de Jordi, bien entendu.

[Sarah]

Aperçus entre autres chez ces indélicats :
Karido, Ancient tree, Evoluta ...

[Sarah]

Je leur ai posté ceci sur leur blog, qui attend leur aval pour être publié :

It’s not difficult to make free with the works of others

I found some VRML of mine and my friends in your stock.

Never I gave the right to directly link to my wrl’s …

You have to ask FIRST … it’s the law.

I shall not tell it twice.

[Arsène]

Alors, il existe une adresse email privacy@ER.com où on doit pouvoir les contacter ; sinon, il y a toujours l'hébergeur hosting@globalstructure.com, qui doit pouvoir faire quelque chose en cas d'utilisation illégale de scènes en 3D ; surtout si c'est pour se faire des sous sans le consentement des auteurs.

Sinon, petit dictionnaire :

• des "poursuites", ça se dit "civil action"
• des "dommages et intérêts" je crois que ça se dit "damages"
• "voleur", ça doit se dire "thief"
• "voler", ça doit être "steal"

[jordi_hiperia3d]

It is important that whatever you do, do it together. I mean, if you go to claim one by one, ER may not listen too much. But if all together request them to change, they will listen.

Also, if you consider you must make a legal claim or a public claim in some website or to their emails, it's also good that you make it together.

ER is in all web2.0 sites (Facebook, Twitter, Ning...) I can help you to locate them if you want to proceed to claim. That is not hard at all.

Before claiming, you must:
- think if you want your world/object/avatar links removed from their search engine results and website, or if you just want the author and link to your official website recognized.
- have a clear idea on why you want it.

Linking to an image in other server without permission is not legal. The same happens with your worlds. Taking copyrighted content from other site and showing it is an illegal copyrighted material distribution, unless the author allows you to do it explicitly.

The bad with ER is that they can waste your bandwidth because YOU host the files, and no one will know the worlds are yours. They are also getting great content (yours) to endorse their business, and nothing for you in return.

In my opinion, only the author should be able to link their own worlds. They could remove the ability to link to a VRML file from outside its domain/folder, and your works may be protected, and they could keep the ability to turn a normal web page into 3D.

Before taking legal actions or even sending a legal request to them, I would send them messages showing your disagreement. These messages should be polite but very clear.

I think that many of you have enough VRML knowledge to offer them alternatives that may allow them to continue their business and not harming you. ER may be good for you, just have to change and respect some things.

Again, take actions together, don't act individually or dis-coordinated.

[Sarah]

Hello Jordi

You are right with this :

Linking to an image in other server without permission is not legal. The same happens with your worlds. Taking copyrighted content from other site and showing it is an illegal copyrighted material distribution, unless the author allows you to do it explicitly.

For the rest ...
Do you realize that some of us (builders) have disabled our worlds to avoid an abusive linking by ER or their users ?
Without such a system, it was no risk to expose a non encrypted code.
ER will achieve to kill VRML.

We cannot visit ER each day to verify that no world of ours has been linked in the night, do you understand that ?

ER works without respect for the copyright nor the Netiquette.

You suggest two ways :

Before claiming, you must:
- think if you want your world/object/avatar links removed from their search engine results and website, or if you just want the author and link to your official website recognized.
- have a clear idea on why you want it.

I think you are very kind : we have nothing to make like that.
We have not to tell them : "Don't link to this and this world".

THEY had to ask BEFORE use our works.
In each and every case.
It's simply the law.

In such case, gentlemen say "We sincerely apologize for the inconvenience" and they make proposals to solve the problem.
Waiting for our claims is a dangerous nonsense.

Here is another way : ER did evil and if it persists, it must pay.

///

It is important that whatever you do, do it together. I mean, if you go to claim one by one, ER may not listen too much. But if all together request them to change, they will listen.

Also, if you consider you must make a legal claim or a public claim in some website or to their emails, it's also good that you make it together.

ER is in all web2.0 sites (Facebook, Twitter, Ning...) I can help you to locate them if you want to proceed to claim. That is not hard at all.

Before claiming, you must:
- think if you want your world/object/avatar links removed from their search engine results and website, or if you just want the author and link to your official website recognized.
- have a clear idea on why you want it.

Linking to an image in other server without permission is not legal. The same happens with your worlds. Taking copyrighted content from other site and showing it is an illegal copyrighted material distribution, unless the author allows you to do it explicitly.

The bad with ER is that they can waste your bandwidth because YOU host the files, and no one will know the worlds are yours. They are also getting great content (yours) to endorse their business, and nothing for you in return.

In my opinion, only the author should be able to link their own worlds. They could remove the ability to link to a VRML file from outside its domain/folder, and your works may be protected, and they could keep the ability to turn a normal web page into 3D.

Before taking legal actions or even sending a legal request to them, I would send them messages showing your disagreement. These messages should be polite but very clear.

I think that many of you have enough VRML knowledge to offer them alternatives that may allow them to continue their business and not harming you. ER may be good for you, just have to change and respect some things.

Again, take actions together, don't act individually or dis-coordinated.

[jordi_hiperia3d]

I agree with you Sarah. In fact, I also deleted all my files and vrml worlds in fear that they may use them or copy them somehow. ER has a cache like Blaxxun. Same dangers and others added.

I asked ER in many networks to fix this, and waited to see if the public beta has this fixed. When the public beta was online and I saw it was worse, I had to say it.

I understand why you all are really upset.

Others have seen these problems in the way ER acts, but they have not said it.

Telling them to remove all the material and links and only add on user's request would be a nice start.

Maybe you ask why asking them. Well, if you send a DMCA claim without first contacting them, they may say you acted in bad will.

[jordi_hiperia3d]

I can also locate them in all or any of the networks they are. But first, all worldbuilders should say the same. If 200 voices tell them to change, they will.

[Arsène]

Maybe you ask why asking them. Well, if you send a DMCA claim without first contacting them, they may say you acted in bad will.

Bad will of the victims ?

[jordi_hiperia3d]

Yes, it's ridiculous.

This ER issue is being discussed in Thyme's forum, in Alain's (LouiZe), and Web3D France forum. I also have said it in the Association of Virtual Worlds, and WBAndD (the group of Omind).

I can also help you to enter in contact with ER, because I have them added as contact in all the networks.

[Arsène]

Only one question : did ER has full script node ?

If yes, I can make a script to redirect to the real page.

[jordi_hiperia3d]

I don't know. Anyway, as Sarah says, they should just delete them.

But that may be a better temporary solution than deleting or closing worlds.

I think they support the full VRML spec, like Blaxxun. Also, shared events and Blaxxun avatars are supported. It is similar to Blaxxun Contact.

It even displays a message in the chat window (that is just like Blaxxun's): "Welcome to the public chat"

[Arsène]

Ok, thanks, so I'm in my garage making this script.

[jordi_hiperia3d]

Great, Arsene.