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DMCA Notice Received from Aurora Graphics

synergy_jim

New Member
I called BS the first time I saw the aurora catalog....

Anyone that buys eye candy and generates a bunch of textures and garbage and sells them on CD for more that eye candy costs in the first place is an idiot.

Aurora only makes money on people that are " new " to the digital print game and have no idea to use photoshop.

I'll bet I could make an exact clone of the monster wrap fills cd in about 3 hours....
 

Fred Weiss

Merchant Member
I called BS the first time I saw the aurora catalog....

Anyone that buys eye candy and generates a bunch of textures and garbage and sells them on CD for more that eye candy costs in the first place is an idiot.

Aurora only makes money on people that are " new " to the digital print game and have no idea to use photoshop.

I'll bet I could make an exact clone of the monster wrap fills cd in about 3 hours....

In fairness ... what you are saying simply isn't so. It's the kind of a statement we hear occasionally from a prospective customer who has never been through the process of creating a seamless tile. I can tell you from direct experience in having created more than 2000 seamless tiles and rendered them that what you claim is highly exaggerated and verging on the impossible.

Most tiles are created manually or by using the various applications available to generate them such as Genetica, Filter Forge, ImageSynth and others. Alien Skin's special effects filters, for the most part, do not generate seamless tiles; those that do are inferior by comparison to those generated by the applications I've listed; and the rendering times for the typical tiles at the sizes rendered by both Aurora and my company average between 30 to 60 minutes per tile on an Intel QuadCore computer. The sizes we render are often sufficient to totally choke and freeze most Alien Skin filters. And as with other things, with seamless tiles ... size does matter.

That doesn't count the time to create and setup each rendering or to design the filter that controls the rendering.

You might be a total wizard with Photoshop but to duplicate the quality of what is provided in Aurora's Monster Wrap Fills or my Plotter Art™ Seamless Texture Tile Collections would have you averaging at least one hour per rendering and probably a lot more.
 

Rodi

New Member
We have the same policy. Reason being... people buy a disc, copy the files, and then sell it. Another person buys it, does the same, and sells it.... and on and on and on it goes.
Known for years by software companies, so they jack the price up making the good guy who wants the legit version to pay for the pirates, it is stupid.
 

Rodi

New Member
You ever check out font EULAs? Your breaking the law by receiving them from clients, most likely, okay, so they send you a PDF, oh, not on all. You embed a font in a .pdf back, oh, broke the EULA.

EULAS are an insane way of restricting a customer. It is not fair use, by almost any means. Think about this, if I buy and sell and it is extemely popular, the company loses money, right? Not necessarily, because the next product is introduced or an upgrade and all these people want it, and many now need it ASAP, who wins?
 

Techman

New Member
Now Aurora Graphics seeks to invoke the DMCA and force any third party such as Signs 101 to enforce their obscure EULA for them and prevent their customers from exercising what they believed to be their right ... to transfer their rights to a new licensee.

My opinion is that this is just more abuse by some company using the threat of the DMCA as a club. Although I am no legal eagle, I would be willing to bet that this case is a classic example of why the DMCA is under heavy attack. This case is way beyond the scope and intent of the DMCA.

There was no content posted, there was no content hosted on any server. It was merely a notice to sell some un needed material. Shame on them.
 

knownartist

New Member
Re: signs101/aurora/bashing/html

Wow. What a thread. I can see a lot of finger pointing, jumping to conclusions, and assumptions being thrown about with careless abandon...tearing down a competitor of Mr. Weiss on Mr. Weiss' forum. What a novel approach. As I recall, those Aurora Graphics DVD's sold in like 1 day, so it appears that the seller wasn't affected.

I am the publisher / owner of Aurora Graphics. Aurora's License Agreement is a short read, takes about 2 minutes to read it if you are slow. Not a lot of legal mumbo jumbo, but straight to the point. The License says you don't own the software you are buying a License to use the software, the License isn't transferable. The software cannot be resold on any online venue, including but not limited to Ebay is an important part of it. The disk itself is in a sealed envelope with a clear window to see it inside. You have to physically move the License to get to the DVD sealed in the envelope. That envelope has a seal that states (in bold text) 'IMPORTANT By breaking this seal, you agree to be bound by the license agreement that accompanies this software.' So if you don't want to be bound by that license, DON'T BREAK THE ENVELOPE SEAL..jeeez people..just send it back. If the seal isn't broken, the Authorized Aurora Graphics distributor you bought it from will refund the price, and the UNOPENED disk envelope and case is shipped back to Aurora. No harm done, no foul. The critical thing here is someone taking 30 seconds to read the first 8 sentences to understand the License he is agreeing to be bound by.

With regards to the 'common license' agreement statement made in this thread... the one that allows re-sale of software... and someone said Adobe, Corel, Flexi, Signlab etc. Well, incompletely describing those titles and License in a comparison to my own is a little 'short' on information. No surprise that those little facts weren't explored as deeply as my own makes me wonder what the underlying motive is for this thread to begin with. With Flexi, Signlab, Gerber, Sign Wizard etc. you have the dongle that is required to make it run. That insures that their titles won't be kept running on the sellers machine after it has been resold and installed on the buyers machine. With Adobe and Corel, they have the automated registration serial number function that makes it stop running after 30 days unless you register it. If it's already been registered to another user first, then the disk is resold, how do you think a new user and new IP will be able to register that product serial number? I think not. This is another method of controling piracy...what else would it be there for? Adobe and Corel, Flexi, Signlab didn't jump through all those hoops for nothing...not to make it more difficult for the user...they did it to keep piracy in check. If others in the clipart business choose to produce a non-restrictive license, that is their business not mine. I do not try to impose my beliefs upon other publishers, contrary to Mr. Weiss' actions in this thread.

'Recycling software' is the rage these days....piracy is out of control. Buy unprotected data software from somewhere, copy to your HDD, then sell the original. Next guy does the same thing. Seller claims 'but it's the original disk' and it may well be, but you still have the images running on your HDD. Who is going to physically go from shop to shop and audit the users machines to make sure they deleted every reference to the disk? What about all the design work already done, job sold, and that file is still on the users machine only now it's incorporated into someones logo or banner, graphics, wrap etc. Possibly many, many 'customer' files contain design elements or fills from the disk that you no longer own a License to because you sold it. Do any of you really think the shop owner will delete all those files as well? How many of you would actually do that, then rebuild the file again...-perfectly- with your own creation or that of a competitor? Honestly, I don't think anyone could say they would delete those, and then actually do it. The reference to the image from the disk is still incorporated in the design, saved, and is available when the customer wants to re-order the graphic / sign / whatever.

Only last year (mid 2008?) was another pirate exposed right here on signs101. Mr. Weiss, I know you remember it, though you failed to reference that little nugget when you started this thread. A pirate was selling 'legit' copies of Aurora Graphics titles, and also had a great .jpg of the product....looked real, original etc. One alert 'customer' bought one or two of these titles and upon receiving them, discovered they they were in fact counterfeits. He sent them to me for verification. That started the landslide as more then 30 different shop owners took this guy up on his 'deal of a lifetime'. One by one they started to contact me and I finally got some of these titles in the mail. It took me a couple of minutes to discover that not only did he reprint the labels direct to the disk, but also copied the packaging as well. The .jpg image of the disks on the for-sale post didn't matter....they looked legit, but come to find out they were counterfeit.
About documentation shipped with an Aurora title: Mr. Weiss claims that as a former Aurora distributor, he KNOWS we don't offer any printed reference to our titles. Mr. Weiss continues and names the titles he thinks came with no book. Listing Millennium Edition, Platinum Edition (both of those titles come with 52 page full color books and always have) 3D Metal Machine (this one has a 20 page full color book) Raven has an 8 page full color book and always has. The Print Craft was the first product we ever published that had an on-disk .pdf catalog and no book. Wow, times change and so did we. Regardless, Mr. Weiss can bash our products / my decisions all day long but at the end of the day, he is not affiliated with my company and has no decision making capacity, nor will he ever be in a position to do so.

So lets consider an Aurora Graphics title that was bought legitimately and used by one of the members here who posted about it: 'Used it last week on a Yellow Page ad. Paid for itself many times over' or something to that effect. Happy with his software until this gang mentality thread comes along and then nearly everyone, like sheep, fell into the angry mob mentality.... and who was actually harmed?

Currently Mr. Weiss' forum is unharmed. The seller of the software is unharmed. The buyer is unharmed. But it looks like Aurora is taking a blood bath here. Non-facts being written as fact IS occuring here, at my company's good name and expense.

I actually contacted Mr. Weiss about the post in question and asked him to remove it. Mr. Weiss refused, stating that while he would always remove a clearly pirated incident, he would not police his forum for my License violations. (Of course I never asked him to police my License, simply remove the post of an (already sold item) After receiving a DMCA to prod Mr. Weiss into action, Mr. Weiss took it upon himself to start a thread about the incident, in light of the fact that the software had already sold. As Mr. Weiss, the administrator of this site, started the thread and has the ultimate control over what is allowed, what is deleted, and the general tone of the thread. Honestly, it reads as a general running-down of the Aurora brand. Frankly, I'm surprised Mr. Weiss has not only allowed this tearing down of the Aurora brand, but instigated it himself.
But then we are competitors aren't we? I guess we'll see if Mr. Weiss allows THIS post to remain on his site. -Dave Dorsey, President Aurora Graphics
 

Bigdawg

Just Me
Speaking as an admin too... I am pretty darn sure your post will stay and if you knew Mr. Weiss better you'd know that... but I'll let Fred speak for himself.
 

Shovelhead

New Member
Wow. What a thread. I can see a lot of finger pointing, jumping to conclusions, and assumptions being thrown about with careless abandon...tearing down a competitor of Mr. Weiss on Mr. Weiss' forum. What a novel approach. As I recall, those Aurora Graphics DVD's sold in like 1 day, so it appears that the seller wasn't affected.

I am the publisher / owner of Aurora Graphics. Aurora's License Agreement is a short read, takes about 2 minutes to read it if you are slow. Not a lot of legal mumbo jumbo, but straight to the point. The License says you don't own the software you are buying a License to use the software, the License isn't transferable. The software cannot be resold on any online venue, including but not limited to Ebay is an important part of it. The disk itself is in a sealed envelope with a clear window to see it inside. You have to physically move the License to get to the DVD sealed in the envelope. That envelope has a seal that states (in bold text) 'IMPORTANT By breaking this seal, you agree to be bound by the license agreement that accompanies this software.' So if you don't want to be bound by that license, DON'T BREAK THE ENVELOPE SEAL..jeeez people..just send it back. If the seal isn't broken, the Authorized Aurora Graphics distributor you bought it from will refund the price, and the UNOPENED disk envelope and case is shipped back to Aurora. No harm done, no foul. The critical thing here is someone taking 30 seconds to read the first 8 sentences to understand the License he is agreeing to be bound by.

With regards to the 'common license' agreement statement made in this thread... the one that allows re-sale of software... and someone said Adobe, Corel, Flexi, Signlab etc. Well, incompletely describing those titles and License in a comparison to my own is a little 'short' on information. No surprise that those little facts weren't explored as deeply as my own makes me wonder what the underlying motive is for this thread to begin with. With Flexi, Signlab, Gerber, Sign Wizard etc. you have the dongle that is required to make it run. That insures that their titles won't be kept running on the sellers machine after it has been resold and installed on the buyers machine. With Adobe and Corel, they have the automated registration serial number function that makes it stop running after 30 days unless you register it. If it's already been registered to another user first, then the disk is resold, how do you think a new user and new IP will be able to register that product serial number? I think not. This is another method of controling piracy...what else would it be there for? Adobe and Corel, Flexi, Signlab didn't jump through all those hoops for nothing...not to make it more difficult for the user...they did it to keep piracy in check. If others in the clipart business choose to produce a non-restrictive license, that is their business not mine. I do not try to impose my beliefs upon other publishers, contrary to Mr. Weiss' actions in this thread.

'Recycling software' is the rage these days....piracy is out of control. Buy unprotected data software from somewhere, copy to your HDD, then sell the original. Next guy does the same thing. Seller claims 'but it's the original disk' and it may well be, but you still have the images running on your HDD. Who is going to physically go from shop to shop and audit the users machines to make sure they deleted every reference to the disk? What about all the design work already done, job sold, and that file is still on the users machine only now it's incorporated into someones logo or banner, graphics, wrap etc. Possibly many, many 'customer' files contain design elements or fills from the disk that you no longer own a License to because you sold it. Do any of you really think the shop owner will delete all those files as well? How many of you would actually do that, then rebuild the file again...-perfectly- with your own creation or that of a competitor? Honestly, I don't think anyone could say they would delete those, and then actually do it. The reference to the image from the disk is still incorporated in the design, saved, and is available when the customer wants to re-order the graphic / sign / whatever.

Only last year (mid 2008?) was another pirate exposed right here on signs101. Mr. Weiss, I know you remember it, though you failed to reference that little nugget when you started this thread. A pirate was selling 'legit' copies of Aurora Graphics titles, and also had a great .jpg of the product....looked real, original etc. One alert 'customer' bought one or two of these titles and upon receiving them, discovered they they were in fact counterfeits. He sent them to me for verification. That started the landslide as more then 30 different shop owners took this guy up on his 'deal of a lifetime'. One by one they started to contact me and I finally got some of these titles in the mail. It took me a couple of minutes to discover that not only did he reprint the labels direct to the disk, but also copied the packaging as well. The .jpg image of the disks on the for-sale post didn't matter....they looked legit, but come to find out they were counterfeit.
About documentation shipped with an Aurora title: Mr. Weiss claims that as a former Aurora distributor, he KNOWS we don't offer any printed reference to our titles. Mr. Weiss continues and names the titles he thinks came with no book. Listing Millennium Edition, Platinum Edition (both of those titles come with 52 page full color books and always have) 3D Metal Machine (this one has a 20 page full color book) Raven has an 8 page full color book and always has. The Print Craft was the first product we ever published that had an on-disk .pdf catalog and no book. Wow, times change and so did we. Regardless, Mr. Weiss can bash our products / my decisions all day long but at the end of the day, he is not affiliated with my company and has no decision making capacity, nor will he ever be in a position to do so.

So lets consider an Aurora Graphics title that was bought legitimately and used by one of the members here who posted about it: 'Used it last week on a Yellow Page ad. Paid for itself many times over' or something to that effect. Happy with his software until this gang mentality thread comes along and then nearly everyone, like sheep, fell into the angry mob mentality.... and who was actually harmed?

Currently Mr. Weiss' forum is unharmed. The seller of the software is unharmed. The buyer is unharmed. But it looks like Aurora is taking a blood bath here. Non-facts being written as fact IS occuring here, at my company's good name and expense.

I actually contacted Mr. Weiss about the post in question and asked him to remove it. Mr. Weiss refused, stating that while he would always remove a clearly pirated incident, he would not police his forum for my License violations. (Of course I never asked him to police my License, simply remove the post of an (already sold item) After receiving a DMCA to prod Mr. Weiss into action, Mr. Weiss took it upon himself to start a thread about the incident, in light of the fact that the software had already sold. As Mr. Weiss, the administrator of this site, started the thread and has the ultimate control over what is allowed, what is deleted, and the general tone of the thread. Honestly, it reads as a general running-down of the Aurora brand. Frankly, I'm surprised Mr. Weiss has not only allowed this tearing down of the Aurora brand, but instigated it himself.
But then we are competitors aren't we? I guess we'll see if Mr. Weiss allows THIS post to remain on his site. -Dave Dorsey, President Aurora Graphics



:Welcome: to :signs101: from New York. Do you make stickers?
 
P

ProWraps™

Guest
aurora graphics disks are the SH*T! they provide many, many a laugh every time we see them plastered all over amature wraps. they really do break up an otherwise boring day with hillarity! keep pumping that garbage out. it gives us a great way to distinguish us from our competition!
 

Gino

Premium Subscriber
Re: signs101/aurora/bashing/html

.​
So, let me get this straight Mr -Dave Dorsey, President Aurora Graphics….



You joined a year and a half ago and this is your first post ??

Well a fat and hearty welcome from one of those you just buddle up into your….. “this gang mentality thread comes along and then nearly everyone, like sheep, fell into the angry mob mentality.... and who was actually harmed?”

Since you now included me into your little tirade there…. I could care less about how you do business, conduct business or survive in your world…. but coming in here and directly or indirectly threatening anyone here is total nonsense Mr -Dave Dorsey, President Aurora Graphics. I would stop that if I were you.

It’s one thing to come here and try to reason and straighten things out, but your approach is nothing more than a kid who wants to take his ball home and make idle threats.

And this little tid-bit of information…. “ Non-facts being written as fact IS occuring here, at my company's good name and expense”……is based upon facts from…. Where…. Who again ?? Do I understand this to be your facts ?? Oh yes, the competitor. I get the picture…. I almost forgot, you are…. Mr -Dave Dorsey, President Aurora Graphics.

Anyway, not to further any misunderstanding on my part….. I simply don’t believe you…. yet. Can you offer up some visible proof or documentation other than YOUR say-so. I believe Fred, for he has nothing to hide, but you hiding in the wings for a year and a half makes me wonder who really wrote this letter for you ?? Did you have someone run ‘Damage Control’ and write you a quick little speech ??

C’mon, we all know you didn’t write this…. who wrote you and got you onto this ?? After all, I still don’t believe you just happened to see this and then wrote in this little rant of yours……



Take a look at your own title line…… Re: signs101/aurora/bashing/html :doh: :Oops:​






.​
 

Fred Weiss

Merchant Member
Well now Dave ... welcome to Signs 101.

That's quite a reply! And it contains much that bends or ignores the facts and the primary point of the thread.

That primary point is that for the entire time I resold your product line, and I would assume for the entire time preceding that time, your products did not include an external print of the EULA and did not contain PDFs of the contents of the media disks. I feel confident that the overwhelming majority of your licensees are completely unaware of your no transfer policy and do not know they agreed to it. To this day you do not make your license available at your website and the only mention of the lack of transferability of your products is buried in your FAQ near the bottom of the list.

The simple facts are that while you include the restriction and now seek to enforce it, you very obviously do not make that information readily available to your licensees. The only logical reason why you would not do so is that you know it would cause a major loss of business.

The supposed printed documentation included in a few of your products are excellent brochures but are not much when it comes to providing much more than eye candy of installed work. They definitely will not make it as user guides and a catalog display of the contents of the collection.

You may recall that I suggested to you that I would be willing to create PDFs for my customers, submit them for your approval and then provide them as a value adding gesture. You turned me down cold.

As to a previous incident of illegal duplicates showing up here, I'll be happy to research it but I don't recall an incident of that proprotion happening here. I can only say that I have and have always had a zero tolerance for software piracy and that whatever the incident was, I would have acted immediately on proof of the crime.

Your statements regarding my references to other software products that allow and provide procedures for legal transfer of rights is totally off point. Whether they have the technology as a backup or not, all of those products provide procedures to transfer a license to a new licensee. You pretty much stand alone (except for Flame) in prohibiting transfers. And I understand your reasons. I simply take exception to them being neatly tucked away from view and left unknown to most until you decide to step in.

You have stated that because I am your competitor that this is what motivated me to create this thread. That's a diversion on your part and I made it clear in my opening post that I am in that role among others. It was not my reason however. The reason was that I resent you turning a friendly exchange of emails into a DMCA Takedown Notice. You asked me to delete the thread and I responded with a decline and my reasons. You then upped the ante with the notice.

So my response is that if you are going to require me to help enforce your license, then the details of that license should be made known to as many prospective licensees as possible. As a competitor I consider it a major selling point with the products we publish as compared to yours. But the reason for the thread is to call attention to your practices and policies as a service to my forum members and visitors.
 

Rodi

New Member
Problem is, look at the nasty font business, when a company is lauded like Bitstream, but they are Pirates of the first order (Ripped Linotype Fonts and renamed them) then look at Adobe Cronos and compare it to Today Sans from ScanGraphic, and it is sad. Adobe also got a Patent on Adobe Garamond, as a design! Look at it compared to Berthold Garamond (GG Lange) and Adobe is deravitive, its not original. So when Adobe or Bitstream are talking Piracy, you must laugh! I don't mind dongles, I do mind EULAS that ensnare you and make products far less useful without breaking the law.
 

Dave Drane

New Member
that's it... I'm pissed too, this company's schitt ain't welcome in my toolbox anymore either... F-um... I'm seriously going the brown box route too. Since they've already gave Fred grief, I'm not going to post about my complete DVD here, with their entire 6 CD library that will go for free with the sale of the brown box... but I'll be dammed if I hold onto that crap anymore...

...in all honesty, it's paid for itself a few times over already, & I even used it last week for the woodgrain in my yellow page ad... but screw 'em... I'm going to find some place to sell an f'n brown box for $425 just to dump that DVD as fast as I can move it out of my collection.

I would've got a lot more use out of it too... but not now. Them self centered losers can rot in hell with their deceptive policies. Anyone with a good idea where, outside of signs101, that I can dump this brown box with a free butload of aurora crap... PM me. I'm through with Aurora![/QUOTE]

You may try Signs201!!:covereyes:
 

sweetpea35

New Member
Dave
I really don't like being accused of something I didn't do
and these are your words: (Only last year(mid 2008?)was another pirate exposed) So I'm a pirate I think you better think twice about who your accusing of what I was just wanting to pass on some software that I purchased from your supplier In good faith. That I no long had a use for.
You are the one not conducting good business If your going to have a no resell policy that is your business but let it be known up front before I spend
the $1100.00 dollars on your product. Not after I pay the money wait a week to get it then I find out after I break open the seal and can't return the product.
How would you like it if i sold you a car with the door taped shut and an envelope on the front seat when you break the seal on the door and read the envelope it says you my never sell this car you would not be a happy camper nether I'm I. At this point. And by the way you did kill the sale I know this should make you fill a little better seance you already got my $1100.00 and spent it anyway you dam well pleased hope one of us got Pleasure out of this because It wasn't me.

And I want to thank every body at signs 101 you've all been a great help in the past. I wish we could all be as friendly and ready to lend a helping hand as you guys and girls have been.
 

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zmatalucci

New Member
This thread disgusts me!

I bought his shi--y cd, and never used it. I found alienskin right after I bought it, and haven't looked at his stuff since.
 

Pat Whatley

New Member
What the hell is it with these merchants? Dave Dorsey, President Aurora Graphics, you know all you had to do was come in here, introduce yourself, and explain what you were trying to do. A simple appeal would have made you friends, you would have become a resource for people dealing with copyright issues (comes up weekly), and could have smoothed all this over as a positive for your company.

Instead you came in and went all Roger Bailey on everybody and "Dave Dorsey, President Aurora Graphics" is going to become a punchline.

Man, I understand your point but the attack is some crap I'd expect out of me...not somebody trying to sell products.
 

Techman

New Member
Dave of aurora...

After receiving a DMCA to prod Mr. Weiss into action,

Was this prod a legitimate DMCA complaint or not? Or was it just a club used because you know people will not waste their time with it?

If this DMCA prod was nothing more than a bully pulpit deal then how could any one not expect to be on the receiving end of some outspoken post. Businesses have used the DMCA to stifle criticism, competition, the flow of information and found themselves getting some heat all the time.

The DMCA was enacted to prevent hacking. How can does the sale of some graphics fall into the hacking arena?

next...
How does your eula fit in with the first sale doctrine.
The "first sale" doctrine says that a person who buys a legally produced copyrighted work may "sell or otherwise dispose" of the work as he sees fit,

The License says you don't own the software you are buying a License to use the software, the License isn't transferable.

Is this license in plain view or is it inside deep within and cannot be read until after opening the package?
 
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