WARNING: MSX is Illegally Reselling Designs

DuffMan · 12-09-2003, 04:13 PM

I just found both of the designs I purchased from MSX at http://liquid2d.com/SearchResult.aspx?CategoryID=2 Another template he sold here is also there. MSX broke their Terms of Use (http://liquid2d.com/license.aspx) twice by saying he had exclusive rights to the designs and by selling them in the first place. I've already requested a refund by PM but this is a warning so nobody else gets ripped off by him.

GCgirl4ever · 12-09-2003, 04:19 PM

Glad I didn't buy like I was going to

Webtwink · 12-09-2003, 04:37 PM

I think you should have posted this thread in the Private Messages to Staff Forum.

He simply may have been unaware! You should have PM'ed him and told him about this and then messaged to staff so that they could sort it out with MSX.

DuffMan · 12-09-2003, 04:43 PM

Quote:

Originally posted by Webtwink
I think you should have posted this thread in the Private Messages to Staff Forum.

He simply may have been unaware! You should have PM'ed him and told him about this and then messaged to staff so that they could sort it out with MSX.

I'm pretty sure he couldn't have been unaware that you can't transfer full ownership of something when you don't even own it. I'm trying to work it out with him as well, but I felt that the community should know that the designs he's selling aren't his own. (And if they are his own then I'm really not sure why he'd sell them for 500 NP$ here and $50 on the site.)

Elefekt · 12-09-2003, 04:47 PM

This has come up Eric when i brought it up during the live chat. I think RJ said that it was ok as long as he made arrangements.

GCgirl4ever · 12-09-2003, 04:49 PM

He did know, but if it's still for sale on the site then he obviously does not own it.

RJ · 12-09-2003, 04:53 PM

This came up in the live chat this past Tuesday in one of the auctions offered by MSX.

My understanding is that he was sellling his individual license of a Liquid2D layout and that the transferability of the license would be verified between the high bidder, MSX and Liquid2D before the NP$ payment was to be made.

If these templates are being misrepresented when they are sold (such as being offered as original or with resale rights), it is a definate cause for concern. Reselling a copyrighted product outside of the copyright owners terms is illegal. I'll give MSX a chance to respond.

DuffMan · 12-09-2003, 05:03 PM

Quote:

Originally posted by -RJ-
????: NamePros.com http://www.namepros.com/warnings-and-alerts/12977-warning-msx-is-illegally-reselling-designs.html
My understanding is that he was sellling his individual license of a Liquid2D layout and that the transferability of the license would be verified between the high bidder, MSX and Liquid2D before the NP$ payment was the be made.

That'd be fine if he had told me that but he didn't mention anything like that when I bought the layouts.

GTech · 12-09-2003, 05:17 PM

http://liquid2d.com/detail.aspx?ID=35

is also 297 on ultravertex.com

http://www.ultravertex.com/show.php?item=297&back=20

I have this one in my collection from earlier this year.

Elefekt · 12-09-2003, 05:27 PM

looks like they just edit ultravertex templates

GTech · 12-09-2003, 05:33 PM

Oh, i wasn't trying to imply anything, because they could be a reseller or affiliate or something. It just caught my eye because it was one I specifically downloaded from my ultravertex membership.

GCgirl4ever · 12-09-2003, 05:41 PM

Uh oh..... this is getting really good. *grabs popcorn*

phrone · 12-09-2003, 05:45 PM

*steals Cassandra's popcorn*

Crusader · 12-09-2003, 06:09 PM

poor MSX...

DuffMan · 12-09-2003, 06:20 PM

MSX refunded my NP$ but I'm still interested in seeing what this all was about.

Webtwink · 12-09-2003, 06:33 PM

It would be a whole lot better if MSX posts here, and tells his side of the story

Otherwise it would just be a one sided story

redhippo · 12-09-2003, 07:02 PM

ditto...need to clear picture up pretty clear or traders rating license is going down the drain

anyone one know one can "verify" if templates have "resale rights " as claimed by seller?......back to the source?

DuffMan · 12-09-2003, 07:10 PM

Quote:

Originally posted by redhippo
ditto...need to clear picture up pretty clear or traders rating license is going down the drain
????: NamePros.com http://www.namepros.com/showthread.php?t=12977

anyone one know one can "verify" if templates have "resale rights " as claimed by seller?......back to the source?

According to Liquid2D's Terms of Use:

c) UNAUTHORIZED USE
Clients may not place any of Liquid 2D.com products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from Liquid2D.com.

d) ASSIGNABILITY
Clients may not sub-license, assign, or transfer this license to anyone else without prior written consent from Liquid2D.com.

e) OWNERSHIP
Clients may not claim intellectual or exclusive ownership to any of Liquid2D.com products, modified or unmodified. All products are property of Liquid2D.com.

MSX · 12-09-2003, 07:14 PM

Ok everyone..here goes...

Sorry about the misunderstanding, I thought that as long I hadn't used the template, I was allowed to sell it to someone else at least once. I never mentioned reseller rights to DuffMan or "by saying he had exclusive rights to the designs". I've refunded the NP$, and if I say so myself, not trying to be rude, DuffMan, you should have posted this in the Private Forum first to get it cleared up. You didn't get ripped off, you got the NP$ back, I didn't sell this template to anyone else except you, and you still have the template on your hard drive (since there is no way of knowing if you don't have it in your possession); I never mentioned that you had resell rights, so I don't see how you were 'ripped off'.
????: NamePros.com http://www.namepros.com/showthread.php?t=12977

Anyways, sorry for misunderstandings, I will sell only custom designs for now on.

Sorry again NPs...
Nate

::EDIT:: Duffman, you forgot to mention this one
a) LIMITED USAGE GRANTED
Clients may only use each individual product on a single website, belonging to either them or their respective client. Clients have to purchase same template once more in order to make another project with the same design.

Which is where I got confused on reselling it once to one person for not using it.

DuffMan · 12-09-2003, 07:23 PM

My reply has been sent in a PM, there's no need to make this a public issue any longer. It was a misunderstanding on both sides.

MSX · 12-09-2003, 07:25 PM

Ok DuffMan that is a good decision...

Reply sent, any more info you need or anything else you want to talk about PM me...

Nate

GCgirl4ever · 12-09-2003, 07:25 PM

I don't want to be a bitch, but didn't you say in the chat you talked with the owner of liquid2d about selling them?

MSX · 12-09-2003, 07:30 PM

Yep, he took a while to respond (this morning). He said to contact him if I'd like to resell the templates. I did, and he hasn't responded yet.

Later,
Nate

Elefekt · 12-09-2003, 07:37 PM

Good its all cleared up!!

redhippo · 12-09-2003, 08:51 PM

all is well and peaceful again on the Namepros' front.....:sleep:

12-09-2003, 04:13 PM	THREAD STARTER #1 (permalink)
DuffMan NamePros Regular Join Date: Jul 2003 Location: Maryland, USA Posts: 603	WARNING: MSX is Illegally Reselling Designs I just found both of the designs I purchased from MSX at http://liquid2d.com/SearchResult.aspx?CategoryID=2 Another template he sold here is also there. MSX broke their Terms of Use (http://liquid2d.com/license.aspx) twice by saying he had exclusive rights to the designs and by selling them in the first place. I've already requested a refund by PM but this is a warning so nobody else gets ripped off by him. __________________ Eric AKA DuffMan [HG Interactive] [ ShoutPro]

12-09-2003, 04:19 PM	#2 (permalink)
GCgirl4ever Senior Member Join Date: May 2003 Location: MA Posts: 1,892	Glad I didn't buy like I was going to __________________ Working on something with JP :)

12-09-2003, 04:47 PM	#5 (permalink)
Elefekt Senior Member Join Date: Oct 2003 Location: Hawaii Posts: 3,529	This has come up Eric when i brought it up during the live chat. I think RJ said that it was ok as long as he made arrangements. __________________ Standards Voice - Coming soon...

12-09-2003, 04:49 PM	#6 (permalink)
GCgirl4ever Senior Member Join Date: May 2003 Location: MA Posts: 1,892	He did know, but if it's still for sale on the site then he obviously does not own it. __________________ Working on something with JP :)

12-09-2003, 04:53 PM	#7 (permalink)
RJ NamePros Admin Join Date: Feb 2003 Posts: 12,919 Follow @DomainBuyer	This came up in the live chat this past Tuesday in one of the auctions offered by MSX. My understanding is that he was sellling his individual license of a Liquid2D layout and that the transferability of the license would be verified between the high bidder, MSX and Liquid2D before the NP$ payment was to be made. If these templates are being misrepresented when they are sold (such as being offered as original or with resale rights), it is a definate cause for concern. Reselling a copyrighted product outside of the copyright owners terms is illegal. I'll give MSX a chance to respond. __________________ Reach me at rj at namepros dot com Last edited by RJ; 12-09-2003 at 05:17 PM.

12-09-2003, 04:37 PM	#3 (permalink)
Webtwink Senior Member Join Date: Jul 2003 Location: United States of America Posts: 1,158	I think you should have posted this thread in the Private Messages to Staff Forum. He simply may have been unaware! You should have PM'ed him and told him about this and then messaged to staff so that they could sort it out with MSX.

12-09-2003, 05:17 PM	#9 (permalink)
GTech NamePros Regular Join Date: Nov 2003 Posts: 327	http://liquid2d.com/detail.aspx?ID=35 is also 297 on ultravertex.com http://www.ultravertex.com/show.php?item=297&back=20 I have this one in my collection from earlier this year.

12-09-2003, 05:27 PM	#10 (permalink)
Elefekt Senior Member Join Date: Oct 2003 Location: Hawaii Posts: 3,529	looks like they just edit ultravertex templates __________________ Standards Voice - Coming soon...

12-09-2003, 05:33 PM	#11 (permalink)
GTech NamePros Regular Join Date: Nov 2003 Posts: 327	Oh, i wasn't trying to imply anything, because they could be a reseller or affiliate or something. It just caught my eye because it was one I specifically downloaded from my ultravertex membership.

12-09-2003, 05:41 PM	#12 (permalink)
GCgirl4ever Senior Member Join Date: May 2003 Location: MA Posts: 1,892	Uh oh..... this is getting really good. grabs popcorn __________________ Working on something with JP :)

12-09-2003, 05:45 PM	#13 (permalink)
phrone Account Suspended Join Date: Oct 2003 Location: Maine Posts: 1,114	steals Cassandra's popcorn

12-09-2003, 06:09 PM	#14 (permalink)
Crusader Senior Member Join Date: Aug 2003 Location: Canada Posts: 1,257	poor MSX... __________________ Near Fantastica \| Matthew Good - Vancouver TS Design Group - Vancouver, BC based Graphic Design >> Do you Frawlik? <<

12-09-2003, 06:20 PM	THREAD STARTER #15 (permalink)
DuffMan NamePros Regular Join Date: Jul 2003 Location: Maryland, USA Posts: 603	MSX refunded my NP$ but I'm still interested in seeing what this all was about. __________________ Eric AKA DuffMan [HG Interactive] [ ShoutPro]

12-09-2003, 06:33 PM	#16 (permalink)
Webtwink Senior Member Join Date: Jul 2003 Location: United States of America Posts: 1,158	It would be a whole lot better if MSX posts here, and tells his side of the story Otherwise it would just be a one sided story

12-09-2003, 07:02 PM	#17 (permalink)
redhippo NamePros Expert Join Date: Oct 2003 Location: ANForum Posts: 5,218	ditto...need to clear picture up pretty clear or traders rating license is going down the drain anyone one know one can "verify" if templates have "resale rights " as claimed by seller?......back to the source? __________________ \|www.vb-skins.com\|- Quality Premade Vbulletin skins for Your VB forum makeover \|www.Banjir.com\|-Free image hosting?[B]For Sale!\|AlphaScripts\|Money Generating Scripts FREE VB Skins

12-09-2003, 07:14 PM	#19 (permalink)
MSX NamePros Regular Join Date: Jun 2003 Location: Fayetteville, NC Posts: 409	Ok everyone..here goes... Sorry about the misunderstanding, I thought that as long I hadn't used the template, I was allowed to sell it to someone else at least once. I never mentioned reseller rights to DuffMan or "by saying he had exclusive rights to the designs". I've refunded the NP$, and if I say so myself, not trying to be rude, DuffMan, you should have posted this in the Private Forum first to get it cleared up. You didn't get ripped off, you got the NP$ back, I didn't sell this template to anyone else except you, and you still have the template on your hard drive (since there is no way of knowing if you don't have it in your possession); I never mentioned that you had resell rights, so I don't see how you were 'ripped off'. ????: NamePros.com http://www.namepros.com/showthread.php?t=12977 Anyways, sorry for misunderstandings, I will sell only custom designs for now on. Sorry again NPs... Nate ::EDIT:: Duffman, you forgot to mention this one a) LIMITED USAGE GRANTED Clients may only use each individual product on a single website, belonging to either them or their respective client. Clients have to purchase same template once more in order to make another project with the same design. Which is where I got confused on reselling it once to one person for not using it. __________________ AIM: msx2002 \| MSN: msx2k2@hotmail.com \| Email: partial[at]gmail.com Been here for over 3 years...has it really been that long? :cool:

12-09-2003, 07:23 PM	THREAD STARTER #20 (permalink)
DuffMan NamePros Regular Join Date: Jul 2003 Location: Maryland, USA Posts: 603	My reply has been sent in a PM, there's no need to make this a public issue any longer. It was a misunderstanding on both sides. __________________ Eric AKA DuffMan [HG Interactive] [ ShoutPro]

12-09-2003, 07:25 PM	#21 (permalink)
MSX NamePros Regular Join Date: Jun 2003 Location: Fayetteville, NC Posts: 409	Ok DuffMan that is a good decision... Reply sent, any more info you need or anything else you want to talk about PM me... Nate __________________ AIM: msx2002 \| MSN: msx2k2@hotmail.com \| Email: partial[at]gmail.com Been here for over 3 years...has it really been that long? :cool:

12-09-2003, 07:25 PM	#22 (permalink)
GCgirl4ever Senior Member Join Date: May 2003 Location: MA Posts: 1,892	I don't want to be a bitch, but didn't you say in the chat you talked with the owner of liquid2d about selling them? __________________ Working on something with JP :)

12-09-2003, 07:30 PM	#23 (permalink)
MSX NamePros Regular Join Date: Jun 2003 Location: Fayetteville, NC Posts: 409	Yep, he took a while to respond (this morning). He said to contact him if I'd like to resell the templates. I did, and he hasn't responded yet. Later, Nate __________________ AIM: msx2002 \| MSN: msx2k2@hotmail.com \| Email: partial[at]gmail.com Been here for over 3 years...has it really been that long? :cool:

12-09-2003, 07:37 PM	#24 (permalink)
Elefekt Senior Member Join Date: Oct 2003 Location: Hawaii Posts: 3,529	Good its all cleared up!! __________________ Standards Voice - Coming soon...

12-09-2003, 08:51 PM	#25 (permalink)
redhippo NamePros Expert Join Date: Oct 2003 Location: ANForum Posts: 5,218	all is well and peaceful again on the Namepros' front.....:sleep: __________________ \|www.vb-skins.com\|- Quality Premade Vbulletin skins for Your VB forum makeover \|www.Banjir.com\|-Free image hosting?[B]For Sale!\|AlphaScripts\|Money Generating Scripts FREE VB Skins

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