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Class Action LawsuitsDystopianLegalMatterport Ecosystem

Matterport Ecosystem: Class Action Lawsuit?6410

WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user
Hi All,

A Member of the WGAN Forum writes (and gave me permission to post anonymously) ...

---

Dan, everything I shoot with MP is highly confidential and should even one model get out to the public my clients will sue MP with no let up. I want to make sure that nothing I shoot ever is seen by the public. In most cases i use the MP model as a blueline for my clients for them to get an understanding of the locations I'm shooting in HDR.

I made everyone aware that MP were mining our models two years ago [in the WGAN Forum] and it fell on deft ears. I feel it's time for a class action suet. And I'll state again if MP were to make any of my models public I'll turn this over to my clients legal team and MP will wish that they never sold me a camera as this was not what you and I signed up for in the very early days of MP.

---

Do you feel this way?

To see how Matterport could turn its Ecosystem into a possible, please see this related We Get Around Network Forum discussion:

Matterport Ecosystem: "Wish List" for MSPs

Dan
Post 1 IP   flag post
ron0987 private msg quote post Address this user
This all goes back to several questions asked and the feeling goes both ways from responses, who owns the MP final product? I feel we do, but I think MP feels different, still not sure of the reality of it.
Post 2 IP   flag post
WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user
Quote:
Originally Posted by @ron0987
This all goes back to several questions asked and the feeling goes both ways from responses, who owns the MP final product? I feel we do, but I think MP feels different, still not sure of the reality of it.


Yes. I’d say so too.

Dan
Post 3 IP   flag post
immersivespaces private msg quote post Address this user
I have been a commercial photographer for over 20 years. I can tell you that legally the copyright to the spaces you capture belong to you unless you create them as a "work for hire" which is what the new TOS are leaning towards. I emailed my attorney about all of this and his suggestion was to immediately stop using Matterport. He also said that they can't retroactively claim copyright for your content through a TOS change. That violates about a dozen different copyright laws and amounts to theft of intellectual property. Imagine if Nikon started selling stock photos and claimed any photo you captured with their camera was now licensed to them to sell. Matterport really messed up on this one.
Post 4 IP   flag post
ron0987 private msg quote post Address this user
@immersivespaces I agree with a lot of what you say but the analogy of Nikon does not work because we don't send Nikon our product to process. So great advice quit using MP what is the alternative and like you can see from my previous posts I am a big critic of MP and very vocal but MP has not folded based on mine or anyone else's posts here. Does MP listen maybe this is the largest user based informational resource for any MP users. The good part about this forum which I do like is it is not just focused on MP, everybody is happy to share what they find and or see, new tools, technology and information. I think Dan does a great job of hosting this forum and allowing it not to be solely about MP, even though Dan is a "Canon" user ugh , just kidding Dan. But again for MP it is one of the best tools I have seen, do I wish there was something else out there yes, but that being said do I wish MP listen more. Well they probably listen to all we say, I don't know that they process what they hear the way we would like. I would still like to see them open up with the company goals, I would like to see a user based conference where we can meet face to face with other users, network with each other and listen to what MP is doing as a company and talk face to face. They started this last year and BOOM nothing, which fall in line with a lot of things I see from MP as a company and where I see them fall flat. But again just me two cents.
Post 5 IP   flag post
jasondavidpage private msg quote post Address this user
@ron0987 at the same time Matterport could provide software to us that takes the raw data from the ipad and creates a model that we host on our own platform - but they have opted for the SaaS model. Imagine if the big camera makers decided to create cameras that shot in a proprietary RAW format that couldn't be read by editing software and required you to submit all of your images to them for processing. It's a stupid idea, but that's what we get with MAtterport.
Post 6 IP   flag post
CharetteImaging private msg quote post Address this user
See also, the Berne Convention:

"...copyrights for creative works are automatically in force upon their creation without being asserted or declared. An author need not "register" or "apply for" a copyright in countries adhering to the Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work and to any derivative works, unless and until the author explicitly disclaims them or until the copyright expires."

It seems like Matterport are forcing us to give up the rights to our works by default, or not be able to use their cloud service, which renders the hardware useless.
Post 7 IP   flag post
CharetteImaging private msg quote post Address this user
This is further compounded by the Terms of Sale we all agreed to when buying our cameras.

"You shall not install any firmware or other software
on any Camera other than the Firmware or an update to the Firmware provided by Matterport. If
You install any firmware on the Camera other than the Firmware (or any Firmware update
provided by Matterport), such action will be deemed a material breach of these Terms of Sale
that will void the warranty set forth in Section 5. In addition, without limiting any other remedy
available to Matterport, Matterport reserves the right to bring an action against You for breach of
contract and infringement of intellectual property rights in such event.
"

In other words, install a third party firmware, should one be developed, and Matterport reserves the right to sue you.

You don't own a camera. You own a lump of hardware, and are beholden to Matterport if you want to use it.

This is an important year. Every three years, the Library of Congress considers exemptions to the DMCA. This is our only remedy.

https://www.eff.org/issues/dmca-rulemaking
Post 8 IP   flag post
Axis360Media private msg quote post Address this user
We have to point the current legal team to this thread. Copyright is one subject blowing my head off.
Post 9 IP   flag post
Axis360Media private msg quote post Address this user
Copyright is being litigated in this suit
Post 10 IP   flag post
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