bsoftwaregroup, as you can see, this topic is for discussion of works in progress for the upcoming suite '07, also known as GAIA. If you continue your off topic discussion about your software i will have no choice but to report you.
you must have no life trolling on a community that is trying to do something good and bring people together, along with awareness to environmental issues. if i was the owner here, i would seriously ban you.
please tell us which copyrights we are infringing upon and we will do our best to rectify the situation. mind you, i doubt we are as this suite is not a suite of actual programs and i doubt that you have any actual copyrights in the first place. but please, enlighten us.
Aus copyright laws require no application-they are put into effect autokmatically. As Babya System was designed for customization of Windows in the first place-and babya has released bSuite-this is obviously a violation.
The Babya Software Group has no legal need or requirement to license any intellectual property from you. Copyright law does not pertain to company names, at all. We also refute your suggestion that any such permission, or license is required to use our own brand name, namely bSuite. We are not, and never will be, a licensee, and you have no authority to request this under copyright law.
Furthermore, Babya Software Group does not wish to be associated with someone whose software merely consists of repackaging the work of others. Since your software 'products' consist entirely of the redistribution of other people's copyrighted material; we consider that your own 'business' is legally tainted in the first place. If necessary, we will enforce legally-binding confirmation from you of our non-involvement in this redistribution.
I would also point out that you are guilty of a further breach of set of intellectual property laws which covers 'passing off', the act of masquerading as another party in order to further your own business. Your use of Babya-owned names is in clear violation of this legislation, and, for the sake of a public record of our opposition to your fraudulent practices, I would advise you to remove all such claims from your website and any others where you might have made that claim.
The Babya Software Group would like to point out that your 'pursuit' has no standing in regard of the aforementioned claim over 'a customization suite' under copyrighted law. We would refer you to actually read the 1968 Copyright Act, particularly Sections 31 and 32 which defines the material which Copyright is applicable to, namely "original literary, dramatic, musical or artistic work". We at Babya would also suggest a thorough reading of the 2005 Defamation Act, ratified in all Australian territories, and consider it carefully before making further unjustified statements based on an inadequate understanding of the scope of copyright law.
In light of the statements made in your message, we find it necessary to warn you that our legal advisers have been notified, and our response reflects the initial advice given.
Firstly, we would draw your attention to sections 31 and 32 of the 1968 Australian Copyright Act, which clearly state that the intellectual properties covered are limited to 'original literary, dramatic, musical or artistic work'. If you cannot understand the distinction yourself, you will find that any legal adviser you might approach will be able to confirm that the concept of "customization suite" -does- in fact constitute a 'original literary, dramatic, musical or artistic work'.
As such, your claim of non-infringment over the 'GAIA suite' is inherently flawed. To correct the misunderstanding you have presented, you should make yourself aware of the fact that despite the existence of 'Coca-Cola', many companies make use of the name 'Cola' (c.f. Pepsi Cola, Virgin Cola). However, a company that clearly used the 'Coca-Cola' recipe with no prior permission would face copyright infringement issues. We at the Babya Software Group have an -absolute- legal right to protect bSuite, and have been advised that you have no justifiable legal claim to prevent us from doing so.
In light of your response, we would stress that we take intellectual property law very seriously indeed, and we will defend any attempt to deprive us of our work with the -utmost- severity. We would also point out, that in any court of law, we believe we would have no difficulty whasoever proving that it is -you- who are in breach of copyright law.
For example, is it not the basis of your 'project' that you take art created by other people, and, after changing name and other attribution information, re-release that same art as though it were your own? Have you complied with the terms of US copyright law in that process? Our legal advisers suggest that even if you have, it would be enough to form the basis of an immediate dismissal should this matter come to court; if you have demonstrable disregard for the ownership and attribution of copyrighted material, any such case is likely to be viewed as being brought about in bad faith.
As a second example, and more pertinent, is it not also the case that you have attempted to 'pass off' your project as having acquired art of Earth, used in a GAIA logo, which was in fact not your intellectual property? Have you not also claimed to have taken on support of the art developed by other individuals, namely portions of your bundle, 'Suite 2007'? And are you not engaged in distributing a software package -called- GAIA, in an attempt to further this deception, in contravention of the Australian Trade Practices Act of 1974?
In short, we refute your assertion, and its legal basis, and we reject any suggestion that we should, or will, forgo our legal right to protect our intellectual property. We also suggest that you seek proper legal advice in this matter; it is clear from your response that you understand neither the terms of the law, nor its application.
If you continue to malign our company name any further by attempting to associate it with your dubious practices, we -will- be forced to issue a cease-and-desist requiring the cessation of all business and related activity on your part. Hence we insist that you draft statements that formally end distribution of your bundle and plans to do so in its current proposed form and cease all use of the word 'suite' in relation to your 'product.' These statements are to be placed on your website, and distributed through the publicity mechanisms you normally employ. We should warn you that failure to clarify this distinction between our businesses publically will be taken -very- seriously indeed. If required, we will not hesitate to take further action.
I trust that your response will indicate your concession to our terms, and prove that you will not be so foolish as to continue your specious statements.
I love how that guy spams about copyright law in AUSTRALIA, it can't actually affect people in other countries unless he physically sends a lawyer there and goes through that legal system lol. Also mate, stop embarassing the rest of us please. Idiot.
Anyway I was playing around last night, heres a quicky, make sure you see the big one -
Thanks ^.^ I don't have much skills in the skinning department really, i only just started doing that stuff a week or two ago. Brand development though is probably my strongest point as a designer, so packaging everything together, logos, websites, and general tweaking - thats what I'm good for :)
I agree with everyone else, I really love that concept! But like everyone else, I am patiently awaiting Imrik's finished concept preview. Hopefully there will be a way for both yours and Imrik's concepts to be used in conjunction. This is going to be amazing =)