https://www.posetteforever.com/viewtopic.php?f=46&t=2030&p=30065#p30065
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Visitor
Wednesday, 29 March 2006, 05:01 AM

Steps taken today about Dphoadley2
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Hello,

A few months ago a member who was otherwise a lurker entered the one word "Nea" in the shoutbox as though it were a search box.  That was the first time that I noticed dphoadley2.  I sent him a PM asking him what his shoutbox message was about, offering him help locating either NEA or items for herm which ever it was he was looking for.

Then last month he did it again for other models, since the PM was still in my outbox; that second time I sent him the information by email instead.

I noticed nothing more since that time until, until March 19th when he sent me a reply PM to the original PM I sent him on his first shoutbox "search".

Here is the PM he sent me:

[quote]Dear Pangor;
I'm sorry to have put you out, it was simply a mistake. I was searching as to where I could download NEAena, and mistakenly mistook the shoutbox menue window for a seach window. My prefered Posette is Eve 4.
You youself and the staff her at Posetteforever might like to check out the momodot's thread at the Renderosity Forum:http://www.renderosity.com/messages.ez?ForumID=12356&Form.ShowMessage=2619080
There is a bold new future waiting for Eve 4, and Posetteforever should be a part of it.
Yours truly, David P. Hoadley
[/quote]

This did not feel right, why ask me to post it and not post it himself?  So, I started to look into it, first by reading the thread from the link, I also had chores around the house that day, so that delayed  my "investigation".  WHen finished looking into it, I was going to send Tormie a PM about it.  I was also going to send one to Dphoadley2, I was going to ask him why he "needed" me to post that or any link in the PF forum.  I was going to post it, but here in the staff forum.  But as i returned to PF, I noticed that Thilda had already posted it in the main forums.  It appears that I was too slow for him so he asked Thilda.

Then five days latter, on the 24th of this month he sent me this email:

[quote]I must appologise, I did indeed mistake the shout box for teh search
box. I've created two new characters in Eve 4, You can find their
strings in the Renderosity Forums, , Links:http://www.renderosity.com/messages.e

and: http://www.renderosity.com/messages.ez?Form.ShowMessage=2603639

I'm looking to host these figures in free stuff, and could use some
help. Please contact me at: dph@013.net.il

Yours truly,
David P. Hoadley
[/quote]

On the same day, I sent him this email in reply

[quote]Hello,

No problem with the shoutbox ;)

About your characters.  That would be fine, if you have them properly
packaged and ready for upload, then you can upload them to
Posetteforever's freestuff.

I skimmed the threads from links you provided.  There are several tutorial
about creating Poser characters as portraits of a person.  Here is one
that I found while seaching for information reguarding skin texturing.
It did not fit with what I was looking for, but it does seem to be close
to what you are looking to learn.

http://www.infinitee-designs.com/Portrait_Tutorial.htm

About creating characters based on real people, it can be tricky.  Not
only from an artistic or technical perspective but also from a legal one.
Consider the problems that resulted when someone created a V3 character to
be a Poser character of Raquel Welch, to solve it the character was
renamed to X1.  Also, the texture was made from photographs of the
actress, it had to be discarded and a new hand painted from scratch
texture had to be created, there were also other problems with the texture
that does not apply here.

In general it is natural to draw inspiration from real people in creating
a character.  Unless you have persmission to do so, it is not wise to name
the character after the person, or feature specific details in the
modeling or texureing that identify the person, or use photos of that
person as a part of the texture maps.  That is why you may find characters
that remind you of a real person, but is not a actual duplicate.  It is
not only because of lack skills or techical abilites that cause an the
inability to create them, it is also for legal safty.

If you have any questions please ask.

I have been looking for Eve 4 and only now discovered that while she was
once a free gift to the 3D CGI community, she is now being sold as a
part of the MorphWorld CD-Rom.  This is a sad development.  Have you
considered using other freely available enhanced Posette models as the
basis of your characters, such as Posette 2003 or Arudino's Eves.

Pangor
[/quote]

This email included my first warning to him.  Latter he discussed and posted images of his "Olga Peter" character.  That character is a Poser character that was made to be a duplicate of a real woman that he thinks has the name "Olga Peter".  The texture is a photoreal made from pictures of her.  Had I read the thread at Rendo better, I would not have had to send him this next email, instead I would have taken other steps to protect PF sooner.

[quote]Hello,

I see you have posted in the Posetteforever forums an image of your olga
character as a file attachment.  If I am not mistaken it is a photoreal
texture made from images of the lady who you used as a reference source
for your work on that character.  I am assuming that you have a
permission from the model and from the copyright holder of the image or
images that you used in this project.  Be it a merchant resource at
Renerosity, a human photo reference set from another site or some
other such source; please provide me with verifiable proof of such
permission, such as providing me the URL were the resource is sold.

Otherwise, please do not post or upload at Posetteforever any more images
or free stuff/download items of these characters or of the people they are
based on.

This is for your protection as well of the Posetteforever and all of its
members.

Pangor,
Administrator,
Posetteforever
[/quote]

In the mean time I have been trying to verify if the link that he provided for Eve 4 is alright.  He did mention at Rendo that the person who is the webmaster of the site was authorized by Traveler to distribute Eve 4 agian.  I gave him the benefit of the doubt in accepting that he was telling the truth, but still I have been trying to verify his claim.  With no results thus far.  Now I am assuming that the claim was a fabrication.

Following quickly after my last email to him, he posted another picture of Olga as an attachment, this time with both the character and a pictue of the real woman.  He did it yesterday, but I saw it thins morning.  Last night, he also posted a series of pictures of his Stephanie Swift character and of a woman who he based his character on.  Still hoping that the proof of permission that I had requested from him would soon arrive; I even gave him some pointers on improving the character. :oops:  :oops: 

This morning checking my email, I saw that he had uploaded two pictures to our album.  Also that he had not answered my request for proof of permission.  I went the album to see if there was any possiblity that it may have been an accident theat he double uploaded, such as crossing his midnight.  Noticed that he used Olga and others of he real people based character in one of the works so move it to the testing gallery.

About this time, I mentioned some of my concern about him to Thilda during a chat on MSN.

Still bothered by the file attachment images, but willing to wait a little longer, I started reading the new posts.  That is when I saw his complaint about the his postings being deleated, though that maybe he went too far and so they had to be deleted, but found no evidence of any actions having been taken.  So I thought it was time to investigate more about what he is doing.

Returned to the links he provided to the dicussion at Rendo and do some background searches for the name of the ladies he was making Poser characters of.  I found first that Stephanie Swift, the name of one of his characters really is the name of the lady he was using the image for creating that character.  The same was true for his other characters.  In some caskes I found thier home pages and was able to verify their images matched.  Each are actresses in "adult" movies.  Only onw I was not able to verify this way was Olga.

I also found the same information by reading the threads from the links he posted in our forums for threads in Rendo's forums.  At Rendo, I learned that his Olga character was based on another adult movie actress who nobody in that discussion was able to identify.  It is assume by him that her name is Olga Peter, he saw her in a 20 minute adult movie that he downlaod via a peer-to-peer file sharing network.  The images of her that he has been using are screen capture from that movie clip.  So not only did he not have permission to use her name and image, he use images from a source (the movie) that he most likely did not have a right to have access to.

That was enough.  I returned to Posetteforever and started taking the steps needed to protect PF.  Split the message about Olga from the topic that they were attached to, and started editing his messages to remove images, links, and references that violated copyrights and our posted rules.  Did the same to his Stephanie Swift topic.

When I saw that Tormie was on-line I told Tormie what has been happining and what I was doing.  I also asked Tormie about the deleted messages that DPH was complaining about.  Niether of us knew anything about those messages.  If DPH was trying to create a issue about the phantom messages, it became a prophesy of what did happen today.  Tormie and I completed cleaning PF of the material that could be trouble for us.

Once that information was removed and excluding one post by Posy and one be me, both the Olga and the Stephanie topics had nothing left, so I deleted both of them. Other links and references in other topics were also cleaned from the forums.

Had he been awarded on yellow card for each violation, he would have enough for a who;e collection of red cards today.  But I limited it to giving him one yellow card for ignoring the warnings and continuing to post the images.

Now anytime he posts here, his message won't be visible until Tormie or I approve them first.

I deleted  his image from the testing gallery, this time it is not a question of acceptability, it is about copyright violations.


