Oh dear, Microsoft and their Xbox Live Avatar creators are in hot water again: one of the popular avatars being sold by Microsoft has allegedly been stolen from a mask sculptor.
Yeah nah i don't think she would have a leg to stand on if she ever decided to take action. The mask is similar around front of the mouth, but thats it. They are very different in a lot of ways, for instance the real life mask has more teeth going up the sides of the mouth, the nose is completely different, and the eyes are nothing alike. She doesn't own that 'style' and i don't think MS copied the design at all, i have seen many artistic creations along the lines of this design style choice. Plus the avatar has horns too, its really quite different if you look closely.
if Apple could win $1 Billion based on a freaking rectangle with rounded corners, anything is possible.
that would be a squircle!
Apple winning the lawsuit has more to do with a patent on rounded corners. Yes, you read that right, USPTO granted a patent on rounded corners. At best it should have been a trademark, but even that is stretching it. None the less until that patent is revoked, Apple do indeed have the right to sue and likely will win, because the rest of the judicial system still have to attempt to follow the law. That said that has nothing to do with what this lady did. She has no patent, no trademark and no recognizability for her design. In fact, it is hard to determine if it was indeed copied at all or just a co-incidence.
Wow, can someone say cash grab?
And MS will just pay off the artist to avoid going to court. That's how these things go, even if they didn't directly rip it off, or even if the creators had even heard of the artist. I see a strong resemblance, but I also see a resemblance to any number of art styles used for numerous CGI productions today. It's not like the mask artist is all that original.
Looks similar but its nothing original... I used to draw similar ones in class.
Time to sue MS then. :) I challenge anyone to go look up cartoonish gargoyles, or other things of the like on google images. You'd be surprised how unoriginal the mask itself was.
Keep telling yourself that you were ripped off. if anything it could boost the sales of them. And then she would be lucky if the sleezy lawyers at microsoft dont sue her :) I would actually love for this to go to a recorded court session (minus the fact taxes would pay for it) just to read the transcripts of how she would try to defend her claims. And microsoft steamrolling those claims probably by bringing in evidence of another piece of art that it was actually taken from. Besides your masks arent characters of anything, it would be like one masquerade mask make sueing another for the same basic designs... masks that dont represent a real character arent really protected by anything and since this is a diy... you are really screwed. So much fail all over this story. Just be happy in the thinking that you may have even inspired aomeone else to create this.And again i bet its inspired by something else entirely.
MS could probably provide the original concept art and show that it was inspired by other means, which is likely the case since what I see isn't terribly original in either case. I doubt it would ever make it to court, because preceding that it could be disproven. The more likely scenario is that the mask creator will be paid a sum of money to appease it and avoid any kind of proceedings as that costs money...even if your lawyers are on retainer.
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