|»»» Intellectual Property part.2 « «« «««|
'Intellectual Property', what
words. They can result in a simple dispute, or they can lead into great
legal battles. Though the following is just a simple dispute, it should be
evident that great sums of money, over the same type of thing, can be lost
But what is money? Just some bullshit idea that Man came up with to
create debt. Now I'm straying off the subject.. Anyway, here is the
latest installment on the 'SRM ownership saga' (taken from Patent
Pending's own SNES SRM Archive, 98.03.17) I leave it to you to form
your own opinion.
SNES SaveRAM Status (March 17, 1998 [St. Patrick's Day])
Well, here is the status of our SRM archive to date. Basically all that
needs to be said right now are in the e-mails and messages between me,
Deezer, and the unnamed owner. He will remain unnamed unless he requests
to be named. Basically, I posted the last update in hopes that the owner
of the other archive would read it. He did, so messages have been
exchanged between Deezer and the owner. I have added comments in larger
Date: Mon, 16 Mar 1998 16:24:10 -0500
To: firstname.lastname@example.org, email@example.com
Subject: Hi. I understand where you're coming from now...
I read those seven reasons that you had posted up...and I understand where
you're coming from. But, those SRMs are actually mine, because the
contributors submitted them to me through e-mail, and thus, they were
forfeiting their property over to me.
All I have to say to that is, on your site, does it mention this statement
anywhere? (not including anything you just put up in the past 3 days
But anyway, enough of that legal crap. Personally, I hate legalities too,
but I had to use them to get you and all those other sites to get rid of
my SRMs and my Source code (which is unique...go ahead and compare our
tables, they're almost exactly the same...not to mention the same
filenames...the same contributors..and the same descriptions....word for
The source code was completely original, except for the table entries.
As for the filenames, Deezer has already stated that he d/l'd them from the
SRM Pit, which d/l'd them from your site, so the filenames retained their
Just to give you some kind of idea that I'm an actual 3-dimensional human
being with a soul...I'll give u some info about myself. I'm a 15 year-old
sophomore from New Jersey. I started making webpages when I was 13, and I
created graphics since I was 14. I created the Snes SaveRAM Archive, the
Genecyst SaveState Archive and the Snes9X Snapshot Archive somewhere
around early 1997 in response to the creation of fLipino's NESticle
SaveGame Archive. So...I pretty much made these archives to establish
some kind of presence in the emulation scene. I'm sure u know what I'm
talking about. Anyway, one week after I created and posted up these
sites, Zophar of Zophar's Domain created a Genecyst SaveState Archive as
well. He got more SaveStates than I did, so I decided to give all my
SaveStates to him, and I shut down my Genecyst SaveGame Archive section.
Next...my Snes9X Snapshot archive was doing great, but I was soon losing
the capability to hold the snapshots, since they were too large in file
size. The discontinuation of Snes9X was the catalyst. I closed my Snes9X
Snapshot Archive soon after Snes9X was discontinued. In fact, people
still come to my site in search of the deleted Snes9X SaveState Archive.
But, I kept my Snes SaveRAM Archive going, since people still used them,
and the savegames were pretty small in filesize. Until this day, I
continue to maintain the Snes SaveRAM Archive, which is now being renamed
the Snes SaveGame Archive, and the site has undergone a move from my
Yes, all of this is nice. I myself am a sophomore, and started web design
and graphics when I was 13, but what does any of this matter? BTW, still
got your S9X archive? Maybe we can make a
You know, I can't expect you to rely on my "word," so frankly, I don't
know what to do. You can't possibly trust someone who's face you can't
see and whose voice you can't hear. So, I have no choice but to try to
disprove your theories.
We do trust your word on this, but that doesn't
mean we agree with it, even if we did meet
Anyway, let's take this one step at a time...
>1. Not ALL of the files came from his archive.
Yeah, two of 'em are yours. The rest are mine. Really.
Yes the rest
are from your archive. We do not deny that.
>2. If they are public on the net, we have every right to post them. _It
is NOT stealing._
...but the contributors forfeited their SRMs to me. When you contribute
money to someone, you're giving it to them. You can't take the money
this isn't money..
>3. He obviously did not create those (or most anyway)
SRMs, so he has no right to tell us to take them down
I own them, but I only created maybe 2 or 3 of them. I have my rights
according to the copyright laws. (copyright laws state that ORIGINAL
material may be copyrighted as the sole property of the owner...since
the contributors gave the SRMs to me, they are my original material.
...and obviously, the HTML code is my material. You simply can't argue
that. If you get anyone to compare our tables...you'll see that they're
exactly the same except for the cell color and the far-left column. In
fact one time, a ripper didn't even attempt to try to make the HTML code
look like his. It was an exact duplicate.
Well, as for copyrights.. maybe you should take a look at my article
Property'. Maybe I'm wrong, if so, please find the exact law statement
regarding this so I can fix my article. For HTML, I'll have you know that
I created those tables (minus the descriptions) from SCRATCH. Just
because it looked the same (as long as the source is different) it doesn't
mean it was copied. It was a good layout. We liked it, so we modeled it
>4. He IS credited on the Credits page and perhaps should be put on the
SRM index itself.
If I am credited, why was I not aware of it? In fact, why would I be
credited if you claim that you got the SRMs from the SRM Pit? Bang. Oh
yeah, and even so, who looks at the Credits page? You should have
given credit to me on the actual page itself, and you should have
alerted me of it.
I think Deezer has cleared this up.
>5. He has no right to tell us to delete the page either that YOU
created, not him.
Nope..someone stole my HTML code and altered it only the
slightest bit. Compare. You can't deny it.
SOMEONE may have. Not us. I am denying it. Our HTML writing styles
aren't even similar.
>6. Fuck, if we have to, lets contact the contributors
Go ahead, this is probably the only way to prove myself right.
Here are some of the contributor's e-mail addresses:
I'm sorry that I don't have any other e-mail addresses, but those are
all that I could find. I don't keep track of e-mail addresses.
You can be sure
we do, not to verify you, but to get permission to use their
>7. It's up to you, but I say that we not take them down. What's he
going to do about it anyway? If you don't want things >'stolen', don't
put them up, and kiss up to your local CDA rep... hehehe
Yeah, I guess I can't do much about it except file a copyright
infringement report. But I won't do that...so you seem to have some bit
of a heart, but maybe I'd do it to the guy from the SRM Pit, since he's
a fucking jerk. But you know what? I'm not gonna tell you to take them
down because I'm threatening you with Copyright shit, but I'm gonna tell
you to keep them down because your conscience says so. No matter what
happenned, SOMEONE copied off of me, and someone copied off of the guy
who copied off of me. That's a fact. So, do yourself a favor and
retain your dignity by not stealing from others.
Again.. it is not _truly_
copyrighted, and it is not stealing! (in our views
You know what? I know the following respectable people in the emulation
scene: ~* aStROcReEp 2000 *~, TyphoonZ (creator of
Ruins), alamone (savegame maintainer of
Domain), and Lance McKay (creator of EmuXPress).
If you want, go ahead and e-mail them and ask about my integrity. You
alreayd have alamone's e-mail address, and Lance McKay and TyphoonZ's
e-mail addresses can both be found on their websites.
Are you trying to scare us or something? I know top emu people too.. I
don't need to ask about your integrity. Maybe that is what is wrong in
_your_ view.. We do not deny that the SRMs came from your site. We do not
deny that you made _that_ HTML source. We DO deny the morality of
'hording'(for lack of better term) 'your' SRMs.
ps-if u still have some sort of argument...e-mail me again and let's
arrange some sort of meeting in an IRC chatroom...or ICQ...or AOL
Instant Messenger...or something. I have to prove to you that that HTML
source is mine, and that the SRMs are as well.
I'd like to, but I have no internet.. Again, you don't have to prove your
HTML source, we agree that it is yours.
pss-thank you for changing the html source code...the code's actually
superior to mine in some way's...oh well. and thanks again for taking
off my SRMs.
Thanks about the HTML, yes, one doesn't have a commercial webmastering job
psss-I don't see why one would steal someone else's material just for
their own glory...I just can't comprehend that kind of lack of
Glory, heh. That is certainly not what we compiled Patent Pending for. We
are a service, just as Archaic Ruins and
Service. We are here, as Y0SHi states,
"To have fun." BTW, it's not stealing!!
Now here is Deezer's e-mail reply to him.
Date: Mon, 16 Mar 1998 23:00:24
Subject: Re: [Hi. I understand where you're coming from now...]
Uhhh okay let me clear something up. When we were starting the save game
portion of Patent Pending, I knew of BOTH your site and the SRM Pit. I
downloaded the SRMs from the SRM Pit, because the download speeds were a
bit faster (this is why in my reply I told you that I got the SRMs from
the SRM Pit, because, well, I did). MEGAß¥TE directed me to your site
before we started archiving the SRMs, which is probably why he credited
your site in the Credits section. I let this go because the SRM Pit was
obviously a blatant rip-off of your site. I never had any doubt that your
site was the original.
-"In a profanity-riddled e-mail,
someone ... asked me to remove 'his' SRMs."
The reason I put "his" in quotes like that was referring to the fact that
most of, if not all, the SRMs were NOT made by you. I hope this clears up
Off the subject, sorry, but in response to one of your replies to me,
"fuck" would be considered profanity too.
P.S. Have you seen the SRM Pit's latest/last update? LOL. That guy either
deserves the Pulitzer Prize or a swift kick to the head.
I stand behind
everything Deezer says. Apparently this guy truly doesn't "understand
where you're coming from" because he tries to prove his site was the
original, which is not our argument.
Date: Mon, 16 Mar 1998 16:50:59 -0500
To: firstname.lastname@example.org, email@example.com
Subject: more evidence...
then click August 1997
then do a search for the word "SaveRAM"
smack. my site.
oh yeah...if u claim that u didn't steal my SRMs, then are u saying that
those contributors sent the SRMs to both u and the guy from the SRM
Pit? hmm..I find u less and less believeable as time passes...
Subject: Re: [more evidence...]
LOL still on this subject? Like I said, the SRM Pit was a blatant rip-off.
I never stated that I believed that your site was not the original. See my
previous e-mail if this is still unclear to you.
Don't put words in my mouth. I gave credit to the contributors who spent
their time making the SRMs. MEGAß¥TE gave you credit in the Credits
Finally there was this..
Subject: Re: [more evidence...]
sorry, this message got delivered a bit late.
it wasn't even supposed to be sent..actually.
everything's cool, right?
This is the argument so far. "Information should be
free." ...and to distribute; and to me, this qualifies as information,
electronic as it may be...
I mean, really, all this BS over a bunch of SRMs.. well, sometimes life is
like that I guess.. emulation can be like life in many ways, this being
just one of the lower points. All I can say, is that I hope things turn
out better in the future, and that people would wake up. "Why can't we
all just get along?" Just because. We can't, it's human nature, and we,
of course are only human.
March 17, 1998; amended March 18, 1998