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[Juno]

MOD EDIT

Hey guys, I wanted to let you know that this is being investigated. In the meantime, our official channels have pulled down the asset in question. I'll follow up with the OP /u/macsterr/ once I get more details.

Well Microsoft have responded to the reddit post and by removing the ad they obviously feel what's happened is wrong (ethically at least, as it's just a stolen concept). Case closed, no?

And the original designer is using Microsoft assets and licenced property to advertise on behalf of Microsoft and their game... for free. So it's not like they're going to be mad at him. His original design got 63,000 views, so it did a good job to be fair.

Edited: had confused upvotes and views. Still way too similar to be a coincidence.

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Not even just stealing the concept...

Full post.

Seems pretty commonplace at the moment. I'm guessing it's Design Agencies being commisioned to do work and just flat out plagiarising someone's idea to save time. It's beyond stupid - in this day and age it always comes full circle.
Happened to Designer Olly Moss not long back, too.

 

[The Cartographer]

Saving time only to get blasted away right after the job is done.

Quite foolish if you ask me.

 

[Juno]

Yeah this is taking off on Reddit, currently at top of /r/all.

Hoping the original designer gets some kind of compensation, even if it's just from someone at Microsoft's PR department/company, who realises their name is being dragged on quite a big and vocal community like Reddit.

 

[Calibos]

Yeah this is taking off on Reddit, currently at top of /r/all.

Hoping the original designer gets some kind of compensation, even if it's just from someone at Microsoft's PR department/company, who realises their name is being dragged on quite a big and vocal community like Reddit.

Ouch. Ad agency that buys the art should get some heat for this. Also the studio that put it together for them.

Taking influence from something or reference is one thing, but this is going too far. They needed to at least change the surface from yellow grass to something else...

 

[Aztorian]

Can't wait for their response

 

[JaffeLion]

lol first its just a concept, so like he is the first and only one in the world that had this idea? if it would be the EXACT SAME artwork, then it would be "stealing", but this is not the case here.

also, microsoft didn't do anything, they didn't create this ad. it was an agency, so even if there is something with it, it is the ad agency's fault.

 

[Senua]

lol first its just a concept, so like he is the first and only one in the world that had this idea? if it would be the EXACT SAME artwork, then it would be "stealing", but this is not the case here.

also, microsoft didn't do anything, they didn't create this ad. it was an agency, so even if there is something with it, it is the ad agency's fault.

 

[Juno]

lol first its just a concept, so like he is the first and only one in the world that had this idea? if it would be the EXACT SAME artwork, then it would be "stealing", but this is not the case here.

also, microsoft didn't do anything, they didn't create this ad. it was an agency, so even if there is something with it, it is the ad agency's fault.

It's got Microsoft's name behind it... which is all the public will see, soooooo... The fact they paid an ad agency to do the work is beside the point.

And it's obviously a re-worked rip of that add. Composition and everything. They even kept the corn fields...

Their name is being dragged on Reddit and on the tweet, too.

 

[RoboFu]

He is right though. MS can sue them to. Either way it was dumb for the ad agency because they are basically finished now.

 

[entremet]

This happens all the time. Not defending it, but it's rather rampant in advertising.

 

[DarknessTear]

lol first its just a concept, so like he is the first and only one in the world that had this idea? if it would be the EXACT SAME artwork, then it would be "stealing", but this is not the case here.

Now when you wash the corporate balls, you have to lick them very thoroughly. Get every nook and cranny. Yes, good.

 

[Testicular Sound Express]

lol first its just a concept, so like he is the first and only one in the world that had this idea? if it would be the EXACT SAME artwork, then it would be "stealing", but this is not the case here.

also, microsoft didn't do anything, they didn't create this ad. it was an agency, so even if there is something with it, it is the ad agency's fault.

It was most defintely an ad agency so I wouldn't blame MS specifically for this. However, everythign else in your post is BS. It doesn't matter if its a concept, it was clearly lifting and poorly copied by a designer who saw it and thought he'd get away with it.

 

[Blam]

You know designers are always to blame for this. They google shit all the time and then never credit who they got the design from.

 

[Breakage]

Blatant
The original looks better.

 

[mckmas8808]

This happens all the time. Not defending it, but it's rather rampant in advertising.

Still doesn't make it right.

 

[Trogdor1123]

lol first its just a concept, so like he is the first and only one in the world that had this idea? if it would be the EXACT SAME artwork, then it would be "stealing", but this is not the case here.

also, microsoft didn't do anything, they didn't create this ad. it was an agency, so even if there is something with it, it is the ad agency's fault.

You love defending them don't you?

 

[sometimes i game]

lol first its just a concept, so like he is the first and only one in the world that had this idea? if it would be the EXACT SAME artwork, then it would be "stealing", but this is not the case here.

also, microsoft didn't do anything, they didn't create this ad. it was an agency, so even if there is something with it, it is the ad agency's fault.

Wrong, wrong, wrong and wrong.

Microsoft is the agency's client. The purpose of the work is to serve as content from Microsoft's mouth to the world.

Remember the Pepsi/Kardashian scandal? Did you hear more about Pepsi or the ad agency? Can you even name their ad agency without googling? No. It is Pepsi's content.

Either Microsoft saw the concept and asked the agency to make something like it, or someone at the agency didn't think they'd get caught. Either way, Microsoft's content turned out to be plagiarism here and they're gonna have to answer for it.

 

[JP]

That's surprisingly close, it is entirely possible that they weren't aware of the original design though.

I assume that it's been removed now? Ideally, I would like to see Microsoft or the agency that produced it for them make an compensational offer to them. It would like to see Microsoft offering the user a massive bundle of hardware and software and maybe a even TV from which ever company they have that marketing deal with to compensate for this, it would be a nice offer to make, if nothing else.

 

[KAOS]

Like his ad better! MS should redo the ad with his concept pay him and keep him on board for future ads. Those who stole the concept should be shown the door.

Here is another thing they can add to the ad and they can have it for free... at the corner of the ad they can add this ad is patched for improvement (patch X1X).

 

[theHFIC]

T...............T
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[Calibos]

Is there any legal recourse here?

-MS owns the Xbox name and imagery.
-Bluehole/PubG corp owns the PubG IP and the imagery is directly from the game.
-4kUltra and HDR are patented things

The creative aspect could be considered, but the internet is the wild west. We look all over for reference...This has taken it a step further and seemingly copied the overall idea, but it isn't drawn, painted, or modeled and rendered from scratch. All of these images are taken from existing things and Photoshoped together.

Just curious if it just looks really bad or if the original idea assembler could go to court for compensation?

 

[xviper]

and tell me again why is this important ??

Microsoft or whoever did this ad was clearly inspired by the the concept that was made by Reddit's user, what's wrong with that ?

 

[BANGS]

Was the image copyrighted, patented, or in any other way legally protected?

If not, I fail to see what the controversy is...

 

[Shifty]

T...............T
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nailed it

 

[Night.Ninja]

Meh

 

[TLZ]

lol first its just a concept, so like he is the first and only one in the world that had this idea? if it would be the EXACT SAME artwork, then it would be "stealing", but this is not the case here.

Are you stupid?

 

[TLZ]

Was the image copyrighted, patented, or in any other way legally protected?

If not, I fail to see what the controversy is...

In the ethical world, it is called theft. But it seems like some are lacking in this here.

 

[PrinnyBomb]

This reminds me of the time that some Chinese web-tv series was caught using Conan's intro video.

Except now it's not scummy China, it's scummy MS.

 

[base shagohod]

I’ve had this happen to me by a skate company and it feels like shit.

Hopefully there’s enough outrage at this that the original creator gets compensation. This shit happens way too often.

 

[michaelius]

Was the image copyrighted, patented, or in any other way legally protected?

If not, I fail to see what the controversy is...

Every image is legally protected by default - even if something is uploaded to the net you can only use it for purposes described by your local fair use laws without author consent.

 

[jpadula]

the topic title is almost as the state of NEOGAF today. Like this close to a random FB post from groups u forgot to tick off.
its not like some junior/mid gfx/designer did this and it was overlooked. no fucking way in a world decent mid/senior would do that.

but hey "corpoNameHere" did that 11one!

from non X owner perspective

 

[Calibos]

Every image is legally protected by default - even if something is uploaded to the net you can only use it for purposes described by your local fair use laws without author consent.

Sure, that image is protected to some extent. But again, nothing but the concept belongs to the artist. Maybe the sky? The rest of it is borrowed imagery and wording, photoshopped together. All of which is legally owned IP right?

Also, the MS ad is rearranged and uses different imagery that they own and or buy from Bluehole/Pubg corp...

It's a bad look for sure, but being overblown as usual on the internets...

 

[Alebrije]

Maybe Jeanette Hayes works for the agency....

 

[Juno]

Update: the tweet with the artwork has gone.

Someone at MS definitely heard.

Also the topic was removed from Reddit someone said... but seems to be back up now.

 

[Sosokrates]

There is a chance they both came up with the idea.in similar timeframes.

 

[BLAUcopter]

and tell me again why is this important ??

Microsoft or whoever did this ad was clearly inspired by the the concept that was made by Reddit's user, what's wrong with that ?

Nothing. More outrage for the sake of outrage. Some people just need to step away from the internet for a while, go outside.

 

[Nester99]

The add has done its work, it created buzz and even got the OP to make this thread to get us talking about the game more.

 

[Juno]

Kind of disagree.

This is largely negative press.

I still plan on buying or trying the game soon, but on Steam.

 

[Sosokrates]

Kind if disagree.

This is largely negative press.

I still plan on buying or trying the game soon, but on Steam.

Its less negative then gt sport being unplayable for some time.

 

[Juno]

Further update: The ad has been removed from all official Microsoft Channels and is being investigated internally.

All those saying this is no big deal and is being overblown and is fine... obviously, MS disagrees.

 

[Cramoss]

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Lost it

 

[TannerDemoz]

Sounds like someone young and inexperienced was in charge of directing the campaign at the agency - or someone young and inexperienced got a say - and for some reason thought plagiarising something from Reddit would be reasonable. Microsoft will be pissed. Calling Agency is to blame here.

Even more ironic if their design/PR is the same agency.

 

[Alebrije]

So the original designer will get a free Xbone X and games once M. Nelson gets involved.

 

[Dirk Benedict]

Further update: The ad has been removed from all official Microsoft Channels and is being investigated internally.

All those saying this is no big deal and is being overblown and is fine... obviously, MS disagrees.

Nice. They should hire him and pay him an Xbox One X to start. This dude on Reddit>said ad agency

 

[3rdamention]

and tell me again why is this important ??

Microsoft or whoever did this ad was clearly inspired by the the concept that was made by Reddit's user, what's wrong with that ?

Well, normally if you handle things professionally and legally, you give credit to the original artist, or ask for permission, and still give credit to the original artist....that's the problem with that...

 

[F0rneus]

Maybe Jeanette Hayes works for the agency....

Come the fuck on. That was one part of a much bigger drawing made entirely out of other artists's work (it's the entire point of the piece). This is legit 4chan fuckery, and you know it.

 

[LeFlamaBlanca]

and tell me again why is this important ??

Microsoft or whoever did this ad was clearly inspired by the the concept that was made by Reddit's user, what's wrong with that ?

Surely that computer that printed your lotto ticket is the one who should be paid and not you if it’s winning numbers since it chose the numbers AND printed the paper

 

[Steven Universe]

Some people in this thread. Holy cow! Microsoft did nothing illegal. They didn’t steal anything from this guy. The guy drew his canary under fair use using assets from Microsoft and Bluehole, who most likely have clauses all over in their TOS that say any fan art can be used by them no matter what. Don’t know, but that’s usually how it goes with most games nowadays.

If anything, this is Microsoft using fair use, again, making something similar to that guy’s fan art.. They don’t have to credit anything that he did, and he can’t sue or claim they stole anything if he wanted to take them to court.

 

[LanceX]

Oopslol

 

[RiccochetJ]

Well, normally if you handle things professionally and legally, you give credit to the original artist, or ask for permission, and still give credit to the original artist....that's the problem with that...

Probably shouldn't throw the word legally around. As soon as that user uploaded to Reddit, Reddit is allowed to do whatever the hell they want with that image. For all we know, the ad agency went through Reddit to use it.

If you're bored, look at the NeoGaf TOS to see similar legalese.

Edit: Here, I did it for you.

C. By registering an account at NeoGAF.com and participating (including but not limited to submitting posts or private messages on NeoGAF.com), you hereby grant NeoGAF LLC and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit the messages posted or private messages sent on NeoGAF.com, in whole or in part, in all media formats and channels now known or hereafter devised, for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.

Edit2: Here's the Reddit version https://www.reddit.com/help/useragreement/

By submitting user content to reddit, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.