And while you’re at it, why not check out the Panedia website too.

Update: Not a moment too soon! About 3 hours after most of the DNS servers started pointing to the new location a new wave of visitors came along to check out the Home Office Setup. I’ve been monitoring the server for the past 3 hours to see how it holds up. And it holds up just fine! Much better than Dreamhost, where with traffic like this it would render the site almost unreachable, would time out, or would simply crash. The first 3 log parts (per hour) from the server are 21MB, 26MB, and 27MB respectively. A closer look at the performance over the past 3 hours show close to 8000 visitors/sessions and 300.000 hits. And all throughout this the server remained very responsive and behaving perfectly.

Nearly 8000 visitors in the first three hours. No site slowness or messages from the host!

The first four hours. Averaging 100.000 hits per hour just fine.

5 hours, over half a million hits, still doing fine. Dreamhost eat your heart out!

6 hours, over 15K visitors, 600K hits, nearing 25GB bandwidth, still going strong.

]]> http://www.stefandidak.com/ramble/2009/01/13/bye-bye-dreamhost-hello-media-temple/feed/ 6 http://www.stefandidak.com/ramble/2008/11/12/andre-alves-aware-bear-misuse-of-the-dmca-against-my-blog-post/ http://www.stefandidak.com/ramble/2008/11/12/andre-alves-aware-bear-misuse-of-the-dmca-against-my-blog-post/#comments Wed, 12 Nov 2008 17:05:00 +0000 Stefan Didak http://www.stefandidak.com/ramble/?p=55 This is getting to be prime time entertainment if you ask me. For those of you that have read a previous post of mine on the theft and infringement on my copyrighted material committed by Andre Leite Alves (operating a business under the name Aware Bear in Pittsford, Rochester, New York), there is a new development that I would love to share with you all.

Andre Alves has attempted to misuse (abuse) the DMCA in order to get my story of his fraudulent actions removed from the internet. In order to attempt that this little Aware Bear sent a DMCA complaint to a domain registrar where stefandidak.com, my domain, is registered. Unfortunately it once again shows that Andre Leite Alves has no clue about the law, in any way shape or form, and had no legal assistance in the process of writing that DMCA complaint (the plethora of errors and missing words in there is very similar to his hasted reply after I first confronted him with a demand he immediately stops using my material for his personal gains and business activities). It is starting to be clear that Andre Leite Alves is an amateur in every respect.

What Andre Alves also hadn’t realised is that I have dealt with DMCA situations in the past and am even on record in a policy report by the Brennan Center for Justice of the NYU School of Law, regarding a very similar case with a professional con-artist I had exposed. That con-artist also attempted to abuse the DMCA for what it was never intended for as you can read in the report.

I believe that Andre Alves of Aware Bear Computers is not too happy with me showing the derivative work he illegally and without authorization created from my copyrighted work. And again it becomes clear that Alves has no legal assistance because they would have informed him that it was his mistake that caused the circulation and that now it allows me to use it under the fair use clause of the copyright act. Of course, we all know that Andre Alves doesn’t care about the image and copyrights, if he cared about copyrights he would not have done what he did and would not have spent the past days removing OTHER material from his site and replacing it with generic images instead. All Andre Alves cares about is not getting exposed. Well, bud, it’s a little too darn late for that.

Notice how Andre Alves also commits perjury in his DMCA complaint by stating that my website is operated an on anonymous basis. Funny he can find the contact details of the domain host but not my contact details that are right there alongside it. Contact details he already had in the first place as is already on record from our previous communications. Again, it shows typical low-life behavior of a petty amateur because he believed he could get away with filing a DMCA that way. What Andre Alves should do, if he feels strongly about copyright infringement and believes that the fair use clause does not apply, is file suit against me and leave it up to the courts (he already knows where to find me to file suit and even if he didn’t it doesn’t take a rocket scientist to figure it out with a simple lookup). I would welcome him trying that. For one, if he makes a personal appearance in court (very unlikely since he’s running and hiding from being served with my case that’s now hanging as a thundercloud above his head) we can serve him easily. Notice how he failed to provide a valid address on the DMCA (a requirement)

Anyone who can provide me with the whereabouts of Mr. Andre Leite Alves at a specific point in time can expect a generous reward once we can serve him his summons.

Anyway, for your enjoyment and education I present to you the DMCA complaint as it was sent to the domain registrar. Needless to say, all the errors and mistakes are verbatim and by Andre Alves. I wonder if he will attempt to claim copyright on his DMCA complaint too now.

Andre Leite Alves
Rochester, NY 14618
(585)473-7035, (585) 738-2583
(585)473-7035 FAX

November 12, 2008
“Take Down Notice” Under the Digital Millennium Copyright Act 17 USC ? 512
[name of domain registrar]

Dear Sir or Ma’am:

This letter is formal notice to you under the Digital Millennium Copyright Act (DMCA), 17 USC ? 512. that you are maintaining materials on your servers that infringe on the copyrights of my personal work. Accordingly, we hereby request that you take down or remove this infringing content from your servers.

1. Identity Of The Copyrighted Work That Has Been Infringed. My own the copyright personal photograph, which have appeared and have been published over the years in, among other places, web sites owned by me and in literary and marketing materials in several types of media distributed to the public. Below are just a few examples of the items of content that have been copied and pasted into this website.

2. Identity of the Material That Is Infringing My Copyrighted Work. The website StefanDidak.com currently contains pages infringing content. The search queries, and the search results containing web pages that infringe on my own rights, are attached as Exhibit B. We can provide a digital copy of this Exhibit B if it would be helpful to you.

3. Contact Information for Andre Leite Alves. Please send all correspondence on this matter to:

Andre Leite Alves
Rochester, NY 14618
(585) 473-7035, (585) 738-2583
(585) 473-7035 Fax
solutions@awarebear.com

4. Contact Information for Owner/Administrator of the Web Site Containing Infringing Material. The individuals who operate the website www.stefandidak.com do an anonymous basis. The email that they provide on their website is: stefan@stefandidak.com.

5. Good Faith Statement & Affidavit. Please see the affidavit attached as Exhibit A.

If you have any questions about this notice, please contact me at (585) 473-7035or at solutions@awarebear.com

Thank you,
ANDRE LEITE ALVES

Exhibit A
AFFIDAVIT

I, Andre Leite Alves, declare the following:

1. I have a good faith belief that use of the copyrighted materials described in the attached letter, that appear on the allegedly infringing web pages as described in the attached letter, is not authorized by the copyright owner, its agent, or the law.

2. I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the, owner of an exclusive right that is allegedly infringed.

I declare under penalty of perjury under the laws of the State of New York that the foregoing is true, and correct.

Exhibit B
Link1
Link2

I would like to thank Andre Alves for providing this DMCA complaint under penalty of perjury because he has now incriminated himself even further than he had already done. Thanks Andre! You have just declared that you have used the stolen material that “appeared and have been published over the years in, among other places, web sites owned by me and in literary and marketing materials in several types of media distributed to the public”. So it’s been used even more than we already can prove with the hardcopies of the brochures, judging from his words. You’re going to not be too happy in court but please do continue to incriminate yourself and declaring so under penalty of perjury. Maybe, Andre, it is time you get an actual attorney instead of trying to play one yourself. You end up making a clown out of yourself this way.

What Andre Leite Alves also hadn’t grasped is that by not having proper legal counsel it can become a very painful situation that backfires (which, once again, it has for him). For example, he has not understood the DMCA at all (then again, there does not seem to be much he understands other than that he needs to hide and run from a legal suit that is likely to impact his life in a very negative way), and as a result has not understood section (f) of the DMCA in which it states that it makes the sender of an invalid claim liable for the costs involved, including legal fees.

Of course, I can’t complain because his clowning around works in my legal advantage.

I operate my website on an anoymous basis? Gosh, this Andre Alves must be a certified moron if he thinks anyone with half a braincell believes that. A 2-year old can easily prove that is not the case. It is, of course, entirely within the realm of possibilities that I overestimated Andre’s IQ. With the US credit crisis going on, perhaps that IQ is also a negative number.

For reference, there are now new and updated pages:

• The new office (current) page.
• The updated FAQ page.
• The special ‘making of’ section with many more pictures as things progressed.
• The old office (archive) page.

And a note of warning for the less than honest (a.k.a. thieving wannabe’s), all the pictures on my site(s) are Copyright (C) 2008 and all rights are reserved. Use these images for commercial purposes and I will take legal action and then some! As recently this lame individual (Andre/Arthur Leite Alves) and his company (Aware Bear) have discovered.

The person you see Photoshopped (pasted) into the photograph of my home office is NOT ME. Why it isn’t me will become obvious when you read the following story regarding a case of blatantly pathetic commercial copyright infringement committed by AwareBear Computers (Pittsford Rochester New York, owned by Andre Leite Alves).

The company, “Aware Bear” (home theater solutions, apple repair, pc repair, web design, and wedding photography), owned and run by Mr. Andre Leite Alves (not “Arthur Leite” which was used as the name to sign previous communications in a miserable attempt to ensure a court summons would be drawn up for the wrong name) claims to have been in business since 1993, has over 15 years of computer experience, and is serving the area of Rochester, NY (New York) and Pittsford, NY. Evidently, they haven’t learned much about legal matters and copyrights during that time.

AwareBear has created, printed, and distributed brochures using the above image (an unauthorized derivative work of my copyrighted material, as the actual owner of the property pictured as well as me being the photographer of the image). In addition a PDF version was available online at AA Computers USA (a former, rumored to have failed company that involved Mr. Andre Leite Alves and where a different website for Aware Bear is hosted, not to be confused with other businesses by that name for which actual business licenses could be found). After AwareBear was contacted regarding their blatant violation of copyright they removed the PDF from the website BUT claimed that the brochure “never went to print”. This response was signed “Arthur Leite”.

In my initial letter to AwareBear (at the time I decided not to involve lawyers yet other than the general consulting call) I advised them to consult with an attorney. The response stated that they did and was clearly written in great haste; “I am deeply upset thus I have already have spoken with my lawyer” (verbatim, errors aren’t mine). I wonder if the attorney advised their client to LIE, not knowing such a lie could end up being devastating evidence in court. I doubt that a remotely competent attorney would allow their client make irresponsible statements in writing, statements that can be held against you in court and would completely wipe out any defense a lawyer could spin with a dose of imagination.

The mistake that “Arthur” Leite made was not only the copyright infringement for commercial purposes but also made the stupid mistake of assuming that I and my attorneys wouldn’t know any better and only had knowledge of the online PDF. Unfortunately for AwareBear, we did know better because those who contacted me regarding this unauthorized use had in their possession the very printed hardcopies of these brochures.

AwareBear was certainly AWARE that they had printed and distributed these flyers, for example at a job fair for students at Monroe Community College. Once you start distributing flyers you no longer have control over where they might end up and what consequential damages and confusion that may cause. In this case it also causes major embarrassment for AwareBear and its owner Andre Leite Alves, especially considering that I am now publically explaining the situation to my readers and visitors. And from what I can tell, my website has some level of popularity in many tech circles. Then again, I am also known for making understatements.

In the initial response I got from AwareBear claimed that the image was created by a “university student graphic designer” and that they were “not aware of its copyright”. Legally speaking, not being aware does not absolve one from the legal implications of copyright infringement and any subsequent damages, financial or otherwise, that occur from taking such action. I have dealt with legal cases before where copyrighted material of mine was used in print for commercial purposes and the law was quite clear on that. Crystal clear. If you use material you can’t properly identify you take a risk and sometimes that can be a very dangerous risk that leaves you and your company liable for any and all damages that come forth out of those actions.

Because “Arthur” of Aware Bear already lied to me about the brochure never having been printed I certainly can’t accept anything else that they claim to be honest and truthful. Maybe a student did not create that image and it was only said in order to hopefully defer their own responsibility and liability in this matter. Either way, if a student did create the image and committed the actual theft, AwareBear did not have a contract with said student that includes an indemnification clause and still accepted the results, thereby taking a legal risk of their own free will. This to me indicates that AwareBear conducts their business in a highly unprofessional way.

It is unclear what the purpose of using that image in their brochure was all about, though. On the one hand it implied that AwareBear runs their on-site services through the setup seen in the image. On the other hand it also directly implied that there is an association between me, my business(es), and Aware Bear. And that is most certainly NOT the case. There never was such an association and certainly never will be. Given that the brochure mentions their services like on-site computer maintenance like removing viruses and backing up your data, it implies that I am not capable of doing that myself and need Aware Bear to do that for me.

Ha, they wish. I wouldn’t let them near my data. The nearest they got to my data was by taking it off my website and pasting that guy in there to create a completely falsified and fraudulent reflection of the actual facts. Next to the image they have the words “All Service Done On-Site” and directly underneath the image is a quote that reads “We are dedicated to helping you, facilitating your use of technology and making a difference one customer at a time”. Yeah, well, that customer does NOT include me in any way and very likely in the future they will perhaps only retain ONE customer, at ANY time.

I will keep you all updated on the legal proceedings and further developments of this story. In the meantime, I will gladly share with you what the associates at my attorney’s office have uncovered in an attempt to assess the person and company that acted in this extremely careless way and I will explain why it is seriously foolish to lie in response to legal inquiries that are made.

AwareBear, and its owner Andre Leite Alves, claim to have been in business since 1993. The company AA Computers USA (dot com) has one site for AwareBear while the actual site is yet again different. Nothing wrong with that, except that on one of the two sites the company also claims to provide business web design services.

Would you want your business site to be designed by a company that goes around being careless and unprofessional when it comes to the content they use? What guarantee do you, as a client, have that they will not ‘accidentally’ include stock graphics or material that has not been properly identified, cleared, and/or authorized for use? Would you like to take a chance at being liable for any carelessness on the part of Aware Bear? I wouldn’t.

What’s even more sad is that Andre (”Arthur”) Leite Alves also moonlights as a wedding photographer (according to our information for around $800 for a 12-hour day). A “professional wedding photographer”, as Andre Leite Alves calls himself, with a B.S. (does that stand for bullshit?) degree from RIT in 2001 (and former classes in Brazil) should not be as unprofessional as to steal the photographs of another photographer. That level of theft, also known as copyright infringement, indicates a high level of being unprofessional. Not clearing images created by third parties, if you are the client, is likewise unprofessional and careless. Any photographer worth a dime knows better than that.

Another interesting discovery was that AwareBear has been using so many mailing addresses and locations that it means that Mr. Alves either relocates his home a lot or has other reasons to move around a lot. Maybe Mr. Andre Leite Alves will soon relocate again and adopt the name “Arthur Leite” in an attempt to avoid getting served a court summons. In case he does, feel free to contact me to let me know where he could be found.

It’s maybe also part of the reason why AwareBear never mentions any addresses other than e-mail and their phone number. According to sources, AwareBear doesn’t have an office to speak of and dispatches students to customers to perform their activities on-site, or will have your equipment collected and returned (e.g. they bring it to some other place where someone works on it from their home).

And just to share something else that’s fishy but funny with you all, if you look at previous versions of the AwareBear related websites, you will find that some of their testimonials use the same words like “are part of my success story” but are attributed to completely different individuals and businesses over a different period of time. It sure makes me wonder if those aren’t ALSO IMAGINARY.

What is also made up and very clear, is another bad photo editing job that was done on a picture of a car in the brochure. It has the text/logo of AwareBear on the side of the car but a 2-year old can tell it’s pasted on there after the fact and way too obvious. Perhaps this is the level of quality that is acceptable to AwareBear which would say a lot about the level of quality the company might represent to anyone else. The brochure also claims “Our team is standing by to support you with friendly and honest service you deserve”. I think they might need to consider dropping the word honest in there. Perhaps edit it to reflect the word DISHONEST instead.

That might explain why AwareBear decided to use, print, and distribute the image of my office with a different individual pasted in there. Clearly a deceptive practice that matches the overall sense that this entire company is unprofessional and, I strongly suspect, not to be trusted. I usually have a sharp sense about business matters and everything about this company and its owner screams to me that it’s an inherently untrustworthy operation. Very amateurish, I would say.

I suspect that if a business represents no value, has no value, and is operated in a highly questionable way, the only way to impress potential customers is by using things you falsify and the deception you create in order to misrepresent yourself and your business. Perception is reality, except that the reality of AwareBear does not present much of a good perception at all.

It’s a good thing I’ve got a background in computer graphics since the mid 80’s. It allowed me to instantly notice the badly done “Photoshop” work, otherwise I might have felt compelled to file charges of trespassing and burglary! As a business associate of mine said, “I wouldn’t hire them to do Photoshopping”. I fully agree on that.

I don’t want to create a whole bunch of blog categories on my site for AwareBear but if I were to do that it would probably include tags for; untrustworthy, liars, thieves, unprofessional, irresponsible, amateurs, unreliable, deceptive, dishonest, inexperienced, reputation, and a whole range of other words along the same lines. Then again, maybe those words are intended to serve as the kind of “juice” that most real professional web designers will understand what it means.

Take Care, Be Aware and Beware of the Unaware Aware Bear!

P.S. Maybe I should consider starting a contest where people get to paste themselves into images of my office and then publish those online on my site as a ‘tribute’ to this AwareBear fool who did so with commercial intentions and total lack of any clues as to why this is a bad idea to do with POPULAR IMAGES. Your ideas on the subject are welcome.

Update 10th November 2008, Information recently received from a reader. The link specified was already taken down shortly after we received this information on Andre Leite Alves.

This guy copied the D&C peoples choice awards page and penciled himself in under best computer store and created another category for himself. To make dumbo even dumber, he placed in his multiple Frontier Yellow Page ads 3 certificates that he was the People’s Choice Awards winner for 2006, 2007, and 2008. Hey Andre, the 2008 awards haven’t even been made yet. The D&C has been notified and isn’t very happy about the stolen graphics and copyrighted content he used, along with his blatant plagerism and false advertising. Based on his character I expect him to go under, switch names, and get out of paying for his Yellow page Ads, then link to them under a different name and get free advertising out of them. You can see this guy coming a mile away. Only the beginning Andre, run and hide.

Please do contact me with further information! Thanks!

Update 12th November 2008, read how Andre Alves attempted to abuse the DMCA for what it wasn’t intended for. He’s providing quite some entertainment to the masses. Thanks Andre.

Trackback to Lorelle

Hello,

I am sorry but I had to disable your stefandidak.com as it was again causing tremendous server load:
server: 08:09 AM# uptime
08:09:23 up 40 min,  9 users,  load average: 378.70, 317.88, 241.52

causing other customers to complain. Sure enough once I disabled it the load began to return to normal:
server: 08:19 AM# uptime
08:21:55 up 52 min,  9 users,  load average: 6.25, 39.37, 118.26

I did check for any abusive IPs or specific scripts I could disable but there was nothing that would allow me to avoid disabling the entire site. I apologize but we had to take action (at almost 400 load the server was going to crash and then nobody’s sites including your others would be accessible). If you have any questions or concerns let me know:

So, if you want to host a site that gets, or at some point might get, a bunch of visitors in a short period, you might think about where you’d like to host it. I’m contemplating whether to find myself a host that doesn’t buckle under the pressure (of what I don’t believe to be excessive traffic) and would be able to cap the requests-per-second instead of just DISABLING AN ENTIRE SITE!

Since this is just my personal site I’m not too concerned right this minute but I would have to conclude that hosting a website for your BUSINESS at Dreamhost is probably a VERY BAD idea. I’m open to suggestions for reliable hosting companies that do not have to resort to disabling entire sites when there are a mere 14.800 visitors in the span of 8 hours!

At the time of writing this (but not posting it because, guess what, I couldn’t of course reach my own site) it had been 6 hours that my site has been disabled by Dreamhost. I’ve inquired about how long, exactly, they think they need to do this and what, exactly, the limitations are for the numbers of hits and visitors their average shared server can handle (since this is not listed in the terms of service or plan details). I’ll let y’all know once the site is back up again and I can post this to the blog.

So, whatever you do, whatever site you’ve got, if you’ve got it at Dreamhost you’d better hope you don’t get linked on reddit.com or digg.com because chances are, you’re not going to get any visitors and your site will simply be made inaccessible. In the meantime, here are some other people, mostly former customers, of Dreamhost:

• Experiences with Downtime, Dreamhost, Googlebot and SSH
• Nightmare Host
• Trash Dreamhost Here
• Dreamhost is REALLY STARTING TO SUCK
• Boo Dreamhost
• Scoberlizer: Dreamhost getting sucky PR out on blogs
• Dreamhost, kindly respond to Andy!
• Dreamhost Hosting Sucks Big Time
• UpstartBlogger: Why Dreamhost Sucks
• Neville Hobson: Call me crazy about dreamhost

Prologue:

The site was back up again when Sallie and I got home around 11pm that day. There was some more communication with Dreamhost on this subject but it’s like talking to an inanimate object that doesn’t seem to have much understanding since they kept claiming my site was still generating quite a heavy load. Dreamhost insists they have had sites that did hold up to the ‘digg effect’ but I have strong suspicion those might have been simple HTML sites with just a few KB worth of data. I’m now hosting the pictures and graphics on my site on a different server (one that doesn’t have any problems with a lot of visitors) and will be contemplating something more suitable as a long term solution.

I started out with some of Tomas Restrepo’s color schemes and made various alterations to fit my personal preference and style. Because a dark background allows for a better distribution of color, and choices for color, it was worth it to see if I could be pursuaded to join the dark side.

The result is that I am finding it very annoying and painful on the eyes. But not so much the color schemes using a dark background themselves, but rather the practical implications when using it while doing actual work. The dark background allows for better highlighting of code, no doubt about that, but in a practical situation I often have other applications running on the screens which include things like help files, CHM’s and PDF’s with developer documentation and API docs, Outlook, OneNote, Visio, and many other development tools, etc. and almost all of these applications will use a light or white background as a basis.

The eyestrain starts to set in after working for a few hours whereby you read through a CHM, move back to your code on the dark background, and repeatedly move back and forth between the various windows. The extremely frequent and rapid movement and changes between dark and light ends up feeling very bad on the eyes and as a result I feel tired after only a few hours of doing this.

It’s back to my custom color scheme that uses a near white (250,250,250) background instead. It was fun while it lasted, though!

Anyone who feels the need to check out what I like to do and see when I’m not working in my home office, feel free to browse my photo collections at Flickr via my pictures page or through the following links: Collections | Sets | Profile | Main Album

Two days ago a friend of mine alerted me to a video he saw on a web portal of an ISP that had started a video service for its customers that is similar to YouTube and Google Video. One of the videos there, uploaded by a user that goes by the name of “bmhelli” (according to this and his website, Bernard Marius Hellinga a.k.a. Bernard Helli. from a town called Ermelo in The Netherlands) contained two TV commercials that were appended together. One introducing some kind of big hamburger, the other commercial being of a topless woman acting out stereotypical male behavior.

While the commercials were funny, the creator that appended them decided to also append a few pictures at the end with a scrolling text (in Dutch, “Onze Werkplek”) which means “Our Workplace” or “Our Office”. Those images, as you can see here and probably would have guessed since I’m writing about it, were of course not of “their workspace” but rather, mine!

In a way it’s amusing that someone would take some seemingly popular (if I judge it by the numbers of visitors to my site and the e-mails I receive about it) images from the internet and label them as “our workplace”. But it’s also not a very clever thing to do. Photographers usually don’t like their pictures being used by others that would take credit for it and are certainly less amused when the person or company doing so claims or implies that it is theirs or claims to be the author or copyright holder. The latter is also the case with Bernard Hellinga aka “bmhelli” since the upload details he entered were “Autheursrecht: BMH” (that’s “Copyright: BMH”). It is unclear what Bernard M. tried to accomplish with this. Either to pretend that my home office was his workspace or whether he wanted to imply that those commercials preceeding the images were those of the producer of these commercials (which, I certainly am not even though I did produce several TV commercials back in the 80’s and 90’s).

The ISP that owns and runs that video website had recently come up with their own version of “the DMCA” (Digital Millenium Copyright Act) which is a system for receiving and handling Take Down and Cease and Desist notices. A system I would strongly encourage for all ISP’s in order to distance themselves from any claims or association with copyright infringement by their customers. Needless to say, that new system deserved a closer look and a bit of a test. Within two days I received notice from the ISP that the user had taken down the infringing content. A good example of how an ISP can deal with these things without having to defend themselves over the actions of a customer. Very nice, and my compliments go out to XS4ALL for being a progressive ISP.

The same goes for Microsoft. When I was notified that Mr. Hellinga had also used the same photographs on his livespaces site/blog a DMCA Take Down C&D (Cease and Desist) went out. It took two days but the photographs were removed. This shows that a proper DMCA complaint will be handled in a proper and timely fashion.

Now the really funny thing is that this was the SECOND time my friend found something that infringed on a copyright that I held. Back in 1996 (it might have been 1997) he came by after picking up a book called “The 3D Studio MAX Design Guide”, published by Coriolis, Inc. Since I used to work on 3ds max I flipped through the book and within seconds my eyes fell on a chapter entitled “Battlemech”. To my surprise the 3D model used for that chapter was a 3D model I had created back in 1993, which was copyrighted (and clearly mentioned in the enclosed text file), and where one of the authors of the chapter claimed they had designed and created the model. On top of that the model itself was provided on the CD-ROM included with the book.

That level of commercial use of course required a slightly different approach and after getting in touch with Coriolis and having my attorney stand by to file a temporary injunction to halt all sales of the book we got to discuss the issue. I’ll save you the long story but in the end Coriolis admitted their “mistake” and we settled out of court for an undisclosed amount. Several months later I was contacted by Don Simpson, a cartoonist, who also had his material used in the very same book. In 1997, Ron Every wrote about this situation in the magazine he wrote for. You can find the article here (sorry about the quality, it’s an old PDF).

The bottom line, of course, is, that if you use material from any site on the internet that has copyright notices and details such as “without prior written permission” and “all rights reserved” you should never use the material without permission unless you wish to open yourself up to the less amusing side effects it can result in. If the material is not labeled and just found, stumbled upon, or provided in any random fashion and it is not clear who the author or copyright holder is and you are therefore unable to obtain permission, it is sensible to not use the material because you could end up being liable for using it. Regarding the “Fair Use” clause in copyright laws, claiming copyright without permission is never allowed under the “Fair Use” clause.

Besides the high definition video, make sure you check out some of the visual effects wizardry performed by Ruairi by checking out the before and after shots. And while you’re at it, check out the humorous FAQ that is featured on his website. A little word of warning… graphic detail not suitable for children and strong language will be found anywhere in the vicinity of anything remotely related to Ruairi. But that’s the way we know and like Ruairi and we hope he never changes that edge.

So, Ruairi, you f*&$#$*#!, I see you *&*^#&^@ still haven’t learned s&^#* at all and you still haven’t adjusted your *&@**#&# and *&@*(%#. Here I thought that you might have drank yourself to death in the past years. Keep up the fun work!

There are, of course, other people who fell for the Russian joke and actually do think that this is Mr. Ballmer’s office. Unfortunately (for Steve!), he probably wouldn’t feel very much at home in my office… there are computers here that run Linux, you see. That might be too much to handle and cope with.

Another cool site, chipchick.com, a site about technology and gadgets from a girl’s perspective, also points out the difference in office styles. Well, girls, the main difference is that I prefer screens and Steve prefers Windows. That and I have to use my office to work for a living, he doesn’t have to.

• The future of 3D is .NET?
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