Jark: I find it really, really hard to believe that you argued this for hours under the impression that we were all talking about making something for personal use. We all have stuff that could be termed 'derivative' that we use and don't distribute. I'm using an anime wallpaper right now that I took from a screenshot. I would never distribute it, though. Did you really think I was saying that it wasn't physically possible for someone to make a derivative work? That "can't, can't, can't!" meant that the hand of God would stop you or something?
No, I was talking about making *and* uploading; I had been since my first post on this thread, and it was obvious to anyone.
Someone comes on this string and says "Hey, can I legally make a DesktopX object with an image I don't own?" and you argue that they can for three hours without bothering to say, "Oh, but you can't upload it"? AM I the only one that sounds completely insane to?
If I had the energy to argue I'd accuse you of finding a loophole in your argument so that you could back out without admitting you were wrong, but that would take hours too, and I am tired, pissy, and honestly beyond caring. I have thrown as much time down this particular as I can stand.
I'll just say it one more time on the way out: You can't have a database full of 'illegally derivative'
, (somehow non-copyrighted) work, and expect to get by saying you are doing "all you can". Stop being 'fair' and delete it. If there is a legit Britney pic on your site, and you delete it, the photographer will happily cough up a contract or a model release to prove his ownership. The same could be said for any stolen subject. If the subject is a commercial enterprise of any sort, a commercial artist will have *some* shred of evidence he had the right to do it. Guilty until proven innocent for this kind of thing would harm no one. If you end up being wrong, they can reupload it, and if you were right *everyone* concerned benefits.
