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Old 11-23-2012, 04:07 AM   #16
bergj
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Quote:
Originally Posted by earlyworm
In your 'test case' scenario I'm curious as to what would your legal argument be? And how would this be unconstitutional?


That's definitely the question and it would take a lot of research and thought to get the answer to that. My feeling is that it is in fact unconstitutional what they are doing. But you could argue it in other ways as well.
 
Old 11-23-2012, 05:10 AM   #17
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Quote:
Originally Posted by bergj
That's definitely the question and it would take a lot of research and thought to get the answer to that. My feeling is that it is in fact unconstitutional what they are doing. But you could argue it in other ways as well.

Bear with me, what part of the American constitution are you referring to when you say it's unconstitutional?

There's a small handful of highly debated, vague bits in the constitution that later spawned the patent laws, the copyright laws, and the commerce clause. Vague, unapplicable and old enough that things have veered so far off those origins as to not have a single mention of constitutionality or not in this kind of cases in quite a while. Not a succesful one in the notable cases at least.

And if you refer to clause 8, the news is that your illustration portfolio isn't deemed a "useful art", therefore not covered, not that it would unless you had registered the work to begin with anyway

Here's an interesting bit for your case, in the fight to prove that SOPA and PIPA were unconstitutional the argument that clause 8 would warrant people ownership of their own artwork, and SOPA and PIPA would potentially deviate that, was shot down early by making it very clear that many of the arts (non technical illustration, music etc.) were simply not the useful arts.
The constitution might apply to writing, invention, and technical illustration, and the last only backed by second. It sure as hell, according to some of the biggest jurists in your country, did not apply to some kids' illustrations on deviantart

Do you really think you could engage a constitutional debate and create precedents in court with a case like this? Even if it had a leg to stand on, and it probably doesn't, constitutionality is a thorny argument that gets a wide berth from every court for as long as they can, because the precedents can have gimongous repercussions.

For six years of law studies you are choosing your fight and how to fight it quite poorly IMO. I have sincere doubts you would be able to represent yourself quite well in court against Sony, but I'd love to see the sessions on video if you ever get there

edit:
Something you might want to read by the way which applies to the same thing from the other side of the fence:
http://constitutionalism.blogspot.c...titutional.html

Quote:
This point is emphasized in these excerpted words of Thomas Jefferson, enacted by the unanimous vote of the Kentucky House of Representatives, November 10, 1798:
2. Resolved, That the Constitution of the United States having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies and felonies committed on the high seas, and offences against the laws of nations, and no other crimes whatever, and it being true as a general principle, and one of the amendments to the Constitution having also declared, "that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people ;"
That means there is no power to make it a crime to commit "theft" of "intellectual property".

Sony would barely be committing mis-appropriation, I seriously doubt you could call the constitution into it
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Last edited by ThE_JacO : 11-23-2012 at 05:29 AM.
 
Old 11-23-2012, 05:49 AM   #18
bergj
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Thanks for the vote of support.
 
Old 11-23-2012, 11:51 AM   #19
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hey why are you reading this thread? You probably wont 'do' anything, just comment on 'Jeremiah Harm" instead, because you know that has a lot more to do with your future as an artist than this does.

As for the constitutional, not constitutional, sue them, new precedence, it's all pointless distraction. Unless you got the money to back up this kind of legal action, you don't stand a chance.

And lets NOT forget that the reason you'd be in this jam, is because you're applying for a job, so where's this imaginary money going to come from?

Personally I find it really disconcerting that these irrelevant technicalities are mentioned, they deviate from the facts that this is done, because it "can be done", and it's known that your not in a position to do anything about it, after all you gotta eat right. So just shut up and sign.

What's maybe even worse is a board like this, which is totally for the people who this kind of practice hardly seem to take the time comment, or even seem interested.

They don't see that while it not effect them today, if left unchecked, other companies will follow suit, after all whats stopping them? You?

What ever part of the industry your in, in the future expect no sympathy, because inane comments like 'welcome to the world neo' will be persuasive. And no-one will care. It will all be too damn late. Is that the world you want? Where you have to sign away everything, just to survive?

Well you know world is what YOU make of it, the world changes because YOU make a stand, and if you don't believe your voice can make a difference, watch the section about Egypt, Libya, in "WE ARE LEGION". http://www.youtube.com/watch?v=JWP2WwLGbWc

Last edited by cojam : 11-23-2012 at 12:01 PM.
 
Old 11-23-2012, 11:08 PM   #20
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i wonder if sony has actually had an issue with someone and had to put in the "we own your crap" statement.....and if so, what happened?

Hey whats the autodesk thing you guys are talking about?? can someone post the thread please. I'd like to read it.

thanks
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Old 11-24-2012, 12:58 AM   #21
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So.. it's basically a guideline?

You should just make sure that if you apply for work at Sony your portfolio contains "Useless Art" instead of "Useful Art" so that if they make off with it... it doesn't matter?
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Old 11-24-2012, 02:17 AM   #22
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Always best to meet face to face in an interview anyway. Just show them stuff on your ipad, dont leave anything there. (yeah yeah I know, other country, blablabla)

Is a link to your website count as "submitted work"?
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Last edited by earwax69 : 11-24-2012 at 02:26 AM.
 
Old 11-25-2012, 01:23 PM   #23
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Quote:
Originally Posted by nfrancisj
Hey whats the autodesk thing you guys are talking about?? can someone post the thread please. I'd like to read it.

thanks


http://forums.cgsociety.org/showthr...p?f=2&t=1067886
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Old 11-26-2012, 12:14 AM   #24
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thanks Dillster
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Old 11-26-2012, 12:14 AM   #25
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