OrcaMatt
03-25-2012, 04:19 PM
TL;DR: If we can't figure out a way to share and discuss ideas, establish how they can be used, and have a basis for determining if something is legitimately similar or a blatant copy, we're going to implode or become an irrelevant fandom community.
I think we need a community standard about doing projects that are similar to things that have already been done.
We can't really police people outside of the community, but we can have guidelines to at least minimize conflict for when somebody makes a blue tail that looks a bit too much like somebody else's blue tail, say, while at the same time making it easier for people to feel comfortable talking about things they want to do. I'll admit, I'm terrible about this. There are lots of things I want to do that I kind of don't want to talk about because I hate the idea of getting beaten to launch, but at the same time, I don't like that people feel like they can't discuss ideas. It's kind of funny but it makes me really twitchy when somebody starts a thread about something I've been thinking about because maybe it'll inspire somebody to actually go and do it, then if I do it, it'll just look like I was copying them (which would be bad, because I'm pretty against that sort of thing!)
I think this concern about posting ideas before they're implemented is a big factor in what I feel at least is a gradual move away from being the post-Yuku successor to "The Mermaids and Mermen Costuming Forum" and more towards being a mermaid fandom community with a bit more of a pragmatic bent than most. What I feel is needed is a clear policy regarding expectations people should have when sharing ideas, protections afforded to the ideas, a baseline for what should be considered a protected idea (or not), and guidelines for determining 'inspired by' vs. 'copied from'.
So what I think we should discuss is:
A baseline community standard for establishing reasonable expectations for people posting ideas (designs, processes, etc) on the site have in terms of what people might (not 'may') do with them, in the absence of explicitly-stated directives
The Raven's ALEX Tail Tutorial Law, as an example of what we're trying to avoid happening again
At what stage does enough people adding to the development of an idea cause that idea to become community public domain?
Establishment of default rights and expectations minimizes the potential disruption caused by retroactive claiming and enforcement of rights
What constitutes establishment and ownership of an idea or concept?
"I thought of it first"? Difficult to document
"I told somebody about this"?
"I posted the concept sketch first"?
"I implemented it first"?
What is considered novel or unique enough to be legitimately held proprietary?
My pathological example of this has always been the orca tail. "Your orca tail is copying my orca tail, because I made the orca tail first!" Well, no, because it's an orca tail...it's a thing that exists in nature, so they're all going to look pretty similar. The "Nobody Here Invented The Orca" Law
Koi tail? Lionfish tail? Clownfish tail?
"There are only so many ways to [make scales, shape fins]"
Tails of merfolk popular media: "Splash" tail, Ariel tail, Aquamarine tail, H2O tail, etc?
Where is the boundary between legitimate and illegitimate similarity between designs or implemented pieces?
The boundary between 'inspiration' and 'copying'?
What role does intent to produce play?
How long can an idea remain on paper until whatever special status 'intention to produce' gives expires?
What are the rules for commercial tail makers?
The vast majority of whom aren't actively here anyway, so probably a moot point
A way to informally 'license' things you want to use non-commercially?
Standard protocols for permission and disclosure?
I think we need a community standard about doing projects that are similar to things that have already been done.
We can't really police people outside of the community, but we can have guidelines to at least minimize conflict for when somebody makes a blue tail that looks a bit too much like somebody else's blue tail, say, while at the same time making it easier for people to feel comfortable talking about things they want to do. I'll admit, I'm terrible about this. There are lots of things I want to do that I kind of don't want to talk about because I hate the idea of getting beaten to launch, but at the same time, I don't like that people feel like they can't discuss ideas. It's kind of funny but it makes me really twitchy when somebody starts a thread about something I've been thinking about because maybe it'll inspire somebody to actually go and do it, then if I do it, it'll just look like I was copying them (which would be bad, because I'm pretty against that sort of thing!)
I think this concern about posting ideas before they're implemented is a big factor in what I feel at least is a gradual move away from being the post-Yuku successor to "The Mermaids and Mermen Costuming Forum" and more towards being a mermaid fandom community with a bit more of a pragmatic bent than most. What I feel is needed is a clear policy regarding expectations people should have when sharing ideas, protections afforded to the ideas, a baseline for what should be considered a protected idea (or not), and guidelines for determining 'inspired by' vs. 'copied from'.
So what I think we should discuss is:
A baseline community standard for establishing reasonable expectations for people posting ideas (designs, processes, etc) on the site have in terms of what people might (not 'may') do with them, in the absence of explicitly-stated directives
The Raven's ALEX Tail Tutorial Law, as an example of what we're trying to avoid happening again
At what stage does enough people adding to the development of an idea cause that idea to become community public domain?
Establishment of default rights and expectations minimizes the potential disruption caused by retroactive claiming and enforcement of rights
What constitutes establishment and ownership of an idea or concept?
"I thought of it first"? Difficult to document
"I told somebody about this"?
"I posted the concept sketch first"?
"I implemented it first"?
What is considered novel or unique enough to be legitimately held proprietary?
My pathological example of this has always been the orca tail. "Your orca tail is copying my orca tail, because I made the orca tail first!" Well, no, because it's an orca tail...it's a thing that exists in nature, so they're all going to look pretty similar. The "Nobody Here Invented The Orca" Law
Koi tail? Lionfish tail? Clownfish tail?
"There are only so many ways to [make scales, shape fins]"
Tails of merfolk popular media: "Splash" tail, Ariel tail, Aquamarine tail, H2O tail, etc?
Where is the boundary between legitimate and illegitimate similarity between designs or implemented pieces?
The boundary between 'inspiration' and 'copying'?
What role does intent to produce play?
How long can an idea remain on paper until whatever special status 'intention to produce' gives expires?
What are the rules for commercial tail makers?
The vast majority of whom aren't actively here anyway, so probably a moot point
A way to informally 'license' things you want to use non-commercially?
Standard protocols for permission and disclosure?