And they are at it again.

Provide your feedback on the main site (besides the patterns).
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Re: And they are at it again.

By St0ney
  Wed Oct 03, 2012 9:06 pm #69504
I'm just going to add Ditto, on Ryan's Post.

In my pattern store, because it's based on a credit system.
(Folks buy credits, and use the credits to buy patterns)

So as an example: a $5.00 credit package is 20 credits,
this could be one order of 20 patterns, or 20 seperate orders over time.

So for each and every order, the customer, has to click a box, that they agree to the terms and Conditions.
Your Right Folks Don't Read, But they clicked and should have read.

Just like when your in school and they hand out the rule book, all they care is that you sign that last page, and hand it in.
Read it or not, they can prove you got a copy,


HA So Much for DITTO !!
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Re: And they are at it again.

By Gigatron
  Wed Oct 03, 2012 9:50 pm #69513
Zombie Pumpkins! wrote:
Gigatron wrote:I'd bet dollars to donuts, 99% of the people here, have never read them all the way through. And really, who does?


Oh, absolutely. I'm almost certain that nobody fully reads my Terms & Conditions when they join. But what matters is that they said they did and they agreed to it by clicking that "I accept the terms" button.
I agree, I'm just saying people would quickly play the "I didn't know" card. Doesn't make it right, just human nature :lol:
Gigatron wrote:ZP has the added clause about not using his stencils for commercial gain. But I can tell you, lawyers would have a field day with the semantics.

Surely, if trying to make a case in a United States court of law. But what say does a lawyer have when it comes to how a webmaster operates his or her website? If someone abused my patterns, I may not sue, but I could surely cut off their access to the site/patterns, as stated in the Terms.

I suppose it's sort of like one of those "No shirt, no shoes, no service" signs. If a store has that sign posted on the door, and someone walks in barefoot.... well, they haven't broken any law. But they broke the "rule" of the establishment, so I would think the business has the right to deny them service.
Don't get me wrong, I'm not saying the lawyers are right, they're just egocentric meglomaniacs who would argue any point, just to say they won :lol:

Stores are private entities, just like websites. They actually reserve the right to have anyone removed from the store, for any reason, so long as it doesn't violate a civil liberty issue (race, age, gender or sexual identity). Same deal with websites, they can have you banned for violating the ToS. But like I said, people will quickly throw down the ignorance card and hope for mercy. Isn't that the saying - "it's easier to ask for forgiveness, than to ask for permission"? :lol: .

-Fred
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Re: And they are at it again.

By Zombie Pumpkins!
  Thu Oct 04, 2012 6:57 am #69543
Gigatron wrote:I agree, I'm just saying people would quickly play the "I didn't know" card. Doesn't make it right, just human nature... people will quickly throw down the ignorance card and hope for mercy. Isn't that the saying - "it's easier to ask for forgiveness, than to ask for permission"? :lol: .
Indeed, I know that's right. With various "violations" I've seen happen on the site, the person in question usually says they didn't realize what the rules are. Leaving the "sheriff" of the website (me) to make the judgement call. I'll often give them the benefit of the doubt, and thus just a "warning" if their story seems innocent enough. Other times it's more obvious that the person had malicious intent and no amount of playing dumb can justify the actions.

It doesn't even have to be about breaking any rules either. People sometimes contact me about a misunderstanding with their membership, due to the fact that they didn't real the rules. For example, a common email I might see could say, "Why is my account expired, I paid for a 1 YEAR membership!" This can't be true, of course. Never in it's 10 years has ZP offered a 12 month member term. I try to make it clear by announcing the 9-month terms in multiple places (this stated twice on the Join page, on the Terms page, on the Help page, on the Confirmation email). And with cases like this, I basically have to say.... sorry about the misunderstanding but... you didn't read.

As for the lawyer stuff... yeah, I've dealt with enough attorneys to realize how carefully they can pick apart the semantics of any legal statement. I've gone over plenty of contracts in my day, and they are often written in... well, it's like another language. Haha. I always read them very slowly, looking for words that could be interpreted wrong. I guess I have a bit of a lawyer-like brain myself. I've asked for portions of contracts to be rewritten, because I didn't think the wording was accurate or specific enough. I don't want to get burned because some lawyer purposefully snuck in some phrase that gives them some loophole wiggle room.
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Re: And they are at it again.

By Raven
  Sat Oct 06, 2012 1:02 pm #69835
CorpseBride wrote:Phew you boys made me tired!
LOL! I agree.

Even without all the legal speak and copyright laws, ect. I think it's just rude to take the credit for someone else's work and to try and profit off of it when it's not allowed. I really think a lot of these sellers don't realize they shouldn't be selling the patterns, but the ones that say they are their own "original" design are downright liars and know what they are doing. Some people just don't care.

I admit to being one of those that never read the Terms and Conditions to the site. For all I know I owe Ryan my first born son to the Zombie Pumpkin horde to be sacrificed in some strange ritual where we all wear clothing made out of pumpkin seeds. Maybe I better go read those terms now..

My husband on the other hand carefully reads everything he signs. We have heard the comment more than once how no one has ever really seen anyone read before signing.
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Re: And they are at it again.

By nosferatu
  Tue Oct 09, 2012 2:33 pm #70225
The sad thing is that people buying those could buy those tools for £1 and Monster Harvest membership with access to 300 patterns for £13, leaving just enough change for a pumpkin. :(
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Re: And they are at it again.

By SuperSonic
  Tue Oct 09, 2012 5:24 pm #70238
In those links you posted, that kit uses the Pumpkin Masters instructions! What thieves!`
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Re: And they are at it again.

By staticfurball
  Tue Oct 09, 2012 6:19 pm #70246
I am a member on Etsy and I flaged the shop to the Etsy team. it's not right and thats that! also it happens to be against Etsy policy as well as yours. simple.
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Re: And they are at it again.

By Gigatron
  Fri Oct 12, 2012 12:39 am #70636
matspud wrote:Hope they have your permission to print and sell this ryan
http://www.ebay.co.uk/itm/HALLOWEEN-Pum ... 500wt_1413


Same kit different seller - not the sellers fault
http://www.ebay.co.uk/itm/Pumpkin-Delux ... 500wt_1413

and again. These are obviously available whole sale over here.
http://www.ebay.co.uk/itm/Pumpkin-Carvi ... 330wt_1398

I'm confused - what's the issue with these people selling these kits on ebay? Are they former ZP stencils? They don't look much different than the kits that I can buy off the shelves, at Michaels.

When I bought my first pumpkin carving set, it had the spoon and the two saws. The saws broke after one pumpkin, but I still keep the spoon in my kit. It does pretty well for what it is.

As far as the saws go, I designed and built a 3-piece saw set, designed for real pumpkins (the saw teeth are too aggressive for foam pumpkins). I designed them using blades for a reciprocating saw, and hand-carved handles. I have a large, medium and small-toothed saw, for different kinds of work.

-Fred
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Re: And they are at it again.

By Zombie Pumpkins!
  Fri Oct 12, 2012 1:47 am #70638
Gigatron wrote:I'm confused - what's the issue with these people selling these kits on ebay? Are they former ZP stencils? They don't look much different than the kits that I can buy off the shelves, at Michaels.
No issue with the tools, or the eBay sellers. The issue is with the manufacturer of this pattern book, who is selling the "Cat Got Your Tongue?" stencil. It's an original design I created in 2007, but they didn't seek my permission before reprinting and selling it.

Image
Image
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Re: And they are at it again.

By matspud
  Fri Oct 12, 2012 3:17 am #70642
I have to stress most strongly that. in this case, the ebay sellers are doing nothing wrong selling these kits , unlike a couple I can mention who sell many many CDs/downlaods of Ryan's ,Jason's, Jay's and even PM , etc patterns and make a fortune. The issue here is that they have been manufactured at all using others' copyrighted patterns.
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Re: And they are at it again.

By Gigatron
  Fri Oct 12, 2012 9:31 am #70685
Zombie Pumpkins! wrote:
Gigatron wrote:I'm confused - what's the issue with these people selling these kits on ebay? Are they former ZP stencils? They don't look much different than the kits that I can buy off the shelves, at Michaels.
No issue with the tools, or the eBay sellers. The issue is with the manufacturer of this pattern book, who is selling the "Cat Got Your Tongue?" stencil. It's an original design I created in 2007, but they didn't seek my permission before reprinting and selling it.

Image
Image

Ahhh - gotcha 8). I was looking at the other patterns and didn't recognize any of them. It's odd that from all the patterns you have, that they'd only reproduce the one. I was expecting to see all of them.

-Fred
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