Filian's Merch Misstep (Summarized)
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"Filian needs to stop being a cheap ass and get her own model."
Her fans have told her this for years. She had plenty of time and money to do it. Such a mess.
If filian unironically has ADHD judging from the way she acts then that explains a lot
@@miming3679 As someone with ADHD sometimes life has to give you a kick in the ass to make you do things you know you should... but sometimes you just decide to cope with the ass kicking and go right back to your comfort zone and ignore it which is what I am worried about.
@@alek2913 "oh no the consequence of my inaction"
-literally me
Fillian just doing zoomer things.
There's a reason why Vedal got a legally distinct model as soon as he could.
And multiple people have brought up Neuro in this affair. Considering that Filian is big enough to get major merchandising deals like this to begin with it shouldn't be hard for her to get a legally distinct model.
Yeah idk why she didn't just commission a custom model at this point. She has the money and other people have proven it's easy to rebrand.
â@@NihongoWakannaiI've seen people use the "she can't change her model because it would hurt her brand" excuse and thats so BS I can't even. When I started watching zentreya she was a dragon lady. Then out of nowhere she's a cyborg. And guess who just got a nendo.
@@jimai808 Dokibird was forced to completely rebrand entirely and she's doing better than ever. Plus pretty much all major vtubers change designs/art styles relatively often. If Filian's brand was JUST the model to the point she can't redesign it, her brand would be practically nonexistent.
@@jimai808Donât forget about Ironmouse, whoâs most iconic model from 2-3 years ago hasnât been used since and is constantly getting new ones each season of the year.
THIS is why filian NEEDS to have an ORIGINAL MODEL and not using Ciel, Mint, Mashu or Rindo for anything that can cause issues.
If not even that, she could commission her own character design for merchandising purposes and migrate to a model later (if she wants to be cheap or lazy, anyway--she clearly has the money to commission an original 3D model yesterday) and not try to use models that aren't freakin hers for merchandising. I had no idea how she got away with the Lil' Fil (Mint) plush and, well, now I know--she didn't.
Willing to bet she's fast-tracking a model now.
@@onorebakasama I thought she spoke many months ago about having an original model in the works but I guess I was wrong or something. But yeah she should do so. She could even do like LM is saying here and have one made that is inspired by the Rindo or Mint models but isn't necessarily either.
â@@TheHauntingOneno you are right. Apparently though it's not months but years. Absolutely no excuse for her actions.
100%.
But it does show, as YT kept thanosing the reply, that a lot of people also dont understand IP nor the difference between a IP license vs a contract lease on goods. IP protection over a character only exists as long as the character is that character and all civilized countries IP laws, including japan from what can be seen of jps patents and design act, are a commercial protection of that specific way the idea is made.
She even has the money and fame to go into "VIP" status. She could pay to have it modeled and rigged in less than a month if she wanted to.
The final line is the embodiment of this whole situation.
Filian needs to stop being a cheap ass and just get her own model.
She needs to save so she can restock everything she destroy while streaming
She is Philippino, is in her blood.
Ei ei ei, lets not bring my people into this. We aint THAT cheap bro. â@carlosalbertogarciajimenez5879
i don't think this is a matter of being cheap because she reveal a new outfit a few days ago and i'm pretty sure it's not something included with the original model which means she had to pay someone to model the new outfit on the rindo model (or it was given to her by someone for free which mean ur absolutely right)
Why not just ai generate your shit filian
Filian with the room temp IQ
Vr headsets must have cut off the circulation
She's a Trump-hater, so no surprise there.
â@@fulltang1How much was there to begin with, that'd actually suffer in that situation đ
Celsius of fahrenheit?
@@Rmx2011 both is bad. 21 is worse but 70 is on the verge of mental retardation
Copyright is very important in Japan that Good Smile was fast to react.
Whatâre some key differences in copyright law over here and over there?
â@@paperluigi6132At least they made transparent regards on what u can do with it, not abusing it. For example Nintendo, as much I hate their practices for their copyright strike mashing style, at least they made it very clear on what u can or cannot do with their franchises. This one tho, as equally bad as many big streamers in the west, pushing their luck too far to the no return point of legal nightmares
â@@paperluigi6132Japan doesn't have fair use. Using other people's stuff, transformative or not, violates copyright unless the copyright holder themselves makes an official statement saying their stuff can be used at-will, or if an agreement is reached between the parties involved.
â@@paperluigi6132there is no fair use in Japan, so legally, they can take Fillian to court and win.
@@CyanDumBell_MCso what happens if a Japanese person uses an American IP, are they under US law and thus have fair use?
âStop being a cheap-assâ is such a good rule of thumb for most commercial endeavours!
What Filian is talking about with the model is that she used a public model on VRChat which is something anyone can wear and use as thier avatar. Sometimes these are uploaded as public without author permission. She later decided she wanted to use it for Vtubing so she used a ripping program to rip the model out of VRChat and pirate it herself (she said this on stream and it is clipped) and talks often about how she got the model for free for $0 illegally.
That might come back to bite her with this situation.
Oh, so she's a bad vtuber, got it
I think the public model on vrchat is also violating Jingo's EULA or ToS because I'm pretty sure it has a clause about prohibiting distribution to a 3rd-party service.
Tbf, the "ripping" part is just transfering data she already had on her system to another location.
She probably really thought it was a free model anyone can use, hardly surprising considering how many pretty good models are freely available on VRChat.
Anyhow, if she or her manager(s) have any brain left then they should've bought the model from the original creator by now; they're cheap af after all.
@@Lewisking50 she literally said she did it illegally. fillian is the cheapest thing in this scenario.
Ironmouse also used a free model when she first started, but immediately moved to a original model once she had enough money for it.
Ironmouse also gets a new model now every day that ends with Y. Different personalities. Mouse views new models as her way of expanding her wardrobe while Filian likely viewed getting a new model as an unnecessary hassle and her indifference came back to bite her in the ass.
So... if we assume no malicious intent, there is still the legitimate question of how much back pay is owed the original artist and right holder(s) for all of the unauthorized merchandise.
A lot, she fucked up
A lot, i'd assume.
And I hope that she does pay it back at the very least to show good will to artists. I think she's got plenty room to grow and this shouldn't be something that she lets stop her or the artists from growing.
after all the drama she has had on account off ripping off the models she uses and admitting multiple times that she just ripped them off and laughing about it, 'no malicious intent' is a really thin excuse.
No malicious intent can grant her the negotiation right, but along with it, a very low negotiating power. The result of this negotiation depends largely in the artistsâ hand now.
She "uh oh'd" the fact it was being made, not the community notes
The "uh oh" was from before the original artist tweeted about it. It was a marketing tweet which ironically aged well like a milk in a room temperature.
To think Filian wouldn't be in this situation if she had just commissioned someone to make a new model for her. Something she could've done *_AGES_* ago.
She can afford it, easily.
@@catwhowalksbyhimself All her money is going to replacing those VR headsets she's constantly breaking on stream kek
@@hi123452008she really needs to be more mindful on taking good care of those devices they donât go cheap. VR is the type of tech you gotta be real careful with if you donât wanna spend extra on replacing one unless itâs necessary
â@@hi123452008that would be very funny but, like Filian, I'm not buying it. At least I assume she can bounce back pretty fast as long as she doesn't get salty about this
She's just anti artists and pro stealing, much easier, also she has a army of simps that agree with her
100% agree about stop being a cheap ass. She isn't a broke content creator anymore. She has money, she's made money from her content getting popular. You can only go so far using a "free" model. Stop being greedy and holding onto your money and actually spend it to invest in your content if that's what you want to continue doing.
It's the same situation when a relatively big vtuber has to cancel or change a stream due to hardware problems. Men, that's your job, get another backup PC or two in standby.
She's gonna be broke after being made to pay back pay lol
Being a broke creator isn't an excuse to rip or steal 3D models people worked hard on
Think it's pretty messed up she profited from stolen work. Like come on Fillian...
She hit her head so much she done gone stupid oh lawd
Fil does a lot of playing up the act of being a dumb zoomer but I find it hard to believe she didnât know.
That's what your mistake was
It wasn't an act
If she thought it was a free model she got from vrchat, I can imagine why she never saw there was a license
@@shib5267 Nope. She had credited the artist at least once before so...
Either she was joking or she's a pirate. I don't know which is dumber.
â@@ZeroXSEED link for the clip?
@@thepersonbehindthisisasian143 600k QnA when asked where she got the model... can't post links anymore.
Also the âuh ohâ tweet was a marketing thing it was made before anything went down
thats true I remember she said that before the community notes even appeared or anything was callout
She didn't even purchase limited rights to begin with, the model costs money on Booth. She illegally ripped the model from a friend and openly bragged about not paying a cent for it.
I agree. Legalmindset is giving her a HARD benefit of the doubt so as to not spread wrong info on what she was actually thinking but its plainly obvious what she was doing.
She says a lot of BS with a straight face tbh
I have heard at least 3 different times she said it was a free model but never have I heard her bragging about not paying for a paid model
What video is that where she's bragging about it?
I saw that clip too. There really isn't much to excuse her actions. She has had so much time and plenty of success to get her own legally distinct model that she would own herself for merchandizing
@@purplefreedom1631 wouldn't call it bragging, but in a QnA she did directly answer a question asking her how she got her state, where she directly said she "illegally ripped" (these are... literally her own words... holy shit...) A model (to me it seems to be suggested that it was Mints model since this was a question about how she started, but that doesn't bode well for how she got the Jingo model...). I believe if you search for her 600k QnA is where it was said.
What I think happened is that in VRChat, which is the program she's using, there are 'worlds' where you can download avatars from and use those models. In VRChat you can go to different worlds (basically the set piece) and one type a world is one where people upload avatars they made so that the public can download and use them. Now most of these 'worlds' don't have any text on them and what most people using avatars from said worlds don't have terms and conditions in them. Now most people in VRChat don't know that most of these avatars are either based off a different model that was imported and changed for looks (e.g. Fillans base model cosplaying as someone in 40k... VRChat is weird sometimes), stolen models, or reposts from a different world. Because of this many people in VRChat end up breaking terms of use for some of these models unintentionally, I have once too and when I learned that my main model required a payment for any use I quickly paid for it so I can keep using it. Now these are VRChat issues, however Fillian is now a somewhat successful vtuber and should know nothing comes for free so she should have done research and learned the TOS of her model and quickly commission someone for her own personal model that she owns the rights too.
Correction: I believe the âuh ohâ quote retweet was made before this became drama. She may have been trying to make a joke due to it being a common trend for figurines to be put in jars (at least in the VTuber space)
Still, Filian did something scummy and needs to pay for it
Literally. She needs to pay the artists for any models and assets she ripped from VRChat.
@@StygianIkazuchi And if the artist never wanted it to be used in that way Filian can't even undo it if she put assets out there into the world. It's more complicated than just paying money because any control that the artist once had is gone.
@@StygianIkazuchi Yeah, no. Unless she is the one who uploaded the model to vrchat thus breaking the terms of use from the artist then she isn't responsible for that.
If she downloaded a free model from vrchat then she never had an agreement with the artists or accepted their terms, it is understandable from them to step in when companies are getting involved when making merchandising and selling it as official without consent.
In other words the problem comes from merch being made as if filian is the owner by other companies, but for her use of the models unless she accepted those terms she isn't really on the wrong for using them
@@AaaaNinja As far as i know she didn't buy them, but got them for free on vrchat so the artist would have to go against whoever purchased it and uploaded, since they are the ones who accepted their terms of use, not filian
@@joey_f4ke238 She ripped it OUT of VRChat to use in other programs like Luppet. That puts blame squarely on her shoulders, as you only have the right to do that if you bought the model yourself. I'm fully aware of the difference between Private and Public VRChat avatars, as I have 180 Private avatars myself that I've made or bought. If she'd solely used VRChat to vtube, then yes the person she got Rindo from would be at fault. However, Filian took it out of VRChat without buying a copy of her own, then made merchandise which is against the terms of use.
Fillian might have put a big chill on indie vtuber merch. Now every company is going to be worried about if the vtuber has rights or not.
With everything going on the past decade, she kinda seems like an op because of how bad it effects indie creators. She could, as per every stream gives evidence, just be incredibly dim. Regardless, "great power...." and all that that.
Shouldn't every company already be worried if someone they're making merch for owns the stuff they'll be making merch off ?
I really wonder how well these indies have handled the contracts... Rights to use avatars for streaming and marketing are one thing. For physical merchandise it could be entirely different thing and come with some type of revenue share...
This is what happens when someone grows too fast without learning the basics of running a business.
that and shes also very anti artist. she'd rather use AI generated art OVER paying for an actual artist. Shes even gone as far as using AI to make smut art of her "oc" to sell on Fansly.
@@jinji_xo ngl. You're not giving me reasons to side against her with that. I don't consider her "anti artists" for using AI.
@@jinji_xo Using AI isn't anti-artist. Using AI to run artists out of the industry IS.
@@SergioLeonardoCornejo AI gen. art program needs its machine learning capabilities to function. Artstation, DeviantArt, Pixiv all agreed to allow companies to skim/upload any and all artwork published on their platforms for any corporate AI program to create works under their AI apps. Its why it blew up. More than 90 percent of online artists did not agree to this. The tool itself is not whats bad, its what it needs to be marketable that is. Which is artist permissions. Very anti-artist. Using your own art is what it shouldve been for but people like fillian exist.
@@jinji_xo pound sand.
Vedal sensed this could have happened more than a year ago, Fili, you are ⊠sigh, man.
Vedal is a sensible man
Vedal and FIlian are 2 sides of a zoomer coin
Vedal is the cautious entrepreneur
Filian is the reckless entertainer
filian was called out for using a stolen model ever since she started streaming.
she always said she would get an original model eventually but never did.
Vedal also trained an LLM using Twitch chat without consent from either the people chatting, Anny, or Twitch.
Are we going to hold him accountable for that?
Also, Vedal got the model for free as a way for Anny to advertise herself, it wasn't foresight.
@@supermaster2012
you can argue that in vedals case watching the neuro streams and interacting in chat means you agree to being used for training the ai.
and since anny worked on neuroÂŽs model for free theres no problem.
filian on the other hand stole an artists work and made money with it for years without the artists consent.
that is straight up theft.
Filian does pratfallsâŠa misstep was bound to happen đ
No panty shots on this one.
Vr chat is full of paid models that are available for free (illegally). She probably got it from there and just kept using it. Only recently after vr chats tighter control updates is when you have legal licensed models being sold on it.
This has nothing to do with vr chat this is between the model artist and filian the model seller lets people use it in non profit seeking ways ie use in unity based projects vrchat has no say between who holds what right and so on
@@Technicolor_geek At no point did the person you replied to claim anything otherwise.
@@mechadekaI think itâs because itâs obvious thatâs what filian did. Thatâs the issue though. She took a model that wasnât hers, streamed with it and never changed to an original model when she became big enough and essentially created her brand around the model that isnât hers. Started creating merch around several avatars which she doesnât have the legal ability to do so. This is completely her fault. This is why you make your brand around an original OC. Not a model that is not yours. You do inspirations but she chose not to do that.
@@Technicolor_geek the question of how she could've gotten the model for free was asked in the video. and that's just assuming filian wasn't just talking shit to play into her joke when she said it was a free model.
â@mechadeka the guy that created the base model never had it for the public for vr chat, you had to buy it to use it, he even has a rule list, explaining what you can and can't do with the models. Filian has admitted that she ripped it from her friend.
Fillian fucked up. LOL.
don't get me wrong I love filian but this is something that can't be let go, this is why she needs to commission someone to make her an original model so stuff like this dosen't happen. but it sounds like she knew what she did was illegal but still did it. that or shes just insanely dense. regardless I hope she learns a lesson from this.
She knew, she's even said it was pirated or stolen before.
she knew that she used the model illegally.
she had been called out for it for years but simply ignored the problem.
Even if she is her own manager, she has her own agents (Mythic Talent) and her own lawyers... and at no point did they do their due-diligence andask her "do you own the copyright to your model and artwork?" Like that is a big assumption that she owns her own brand, when nearly everyone in the vtubing/streaming/internet media space is aware of copyright.
Like the deal she signed with Good Smile probably has a truck tonne of clauses about her giving permission to her copyright for reproduction, and she forgot and didn't double check that she had rights to everything herself is a OOOPPPSSS!!!
I expect Mythic to be trying to help fix this now that it's going viral, seeing as Filian is one of its most popular talents. Everything will end up being settled relatively clean behind the scenes and Filian will continue to stream like nothing happened with no harm to her success since most of her fans (particularly the ones that send money to her) will support her despite any controversy.
I'm not so sure whether you can fault Mythic. Firstly, it's probably not unreasonable for them to assume that the vtubers they work with take care of the IP of their models and other assets they use. Checking for that would probably be a waste of time in 99% of the cases. Secondly, they're probably not going to suffer if a vtuber screws up IP issues.
â@seneca983 I agree with most of what you said but I will say that mythic, when partnering with a new vtuber talent, should due their due diligence of asking the basic questions before partnering up with vtubers. For instance, do you own your model? When you commissioned for it did it come with any TOS for it? It was free? Expand on that? What do you mean by free? Where did you get it? Etc. Etc.
@@Firnienarya I would guess that when she does a deal for merch, she probably has to sign a contract paper or a form that says that she gives the company handling the merch a *license* to do whatever they need to do with the IP so they can sell the merch and also that she has the necessary rights to grant such a license. I think it's at least understandable if people from any company involved in the process might not bother to ask her e.g. "Hey, are you absolutely sure that you didn't lie or skip reading the contract?".
@@Firnienarya i kinda thought mythics was only in charge of things like sponsorship which is why they also work with people that are already part of other agencies and not just indies. i read this along time ago when they just launched so maybe they changed idk.
she has her own agents right? or is mythic also providing her with the agent. i mean she most likely told her agent and other companies she worked with that she hold the copyright for her model otherwise none of those companies would have worked with her(because no companies want to mess with copyright stuff). especially a japanese company like GoodSmiles who's based in a country with one of the harshest rules on copyrights infringements.
this tells me that she probably copyrighted her version of the model and when those companies ask if she has copyright she just tells them yes(while ignoring the original copyright holder) since she maybe has her version of it copyrighted
I think on another stream she admitted that she spends a lot on the VR equipment because she keeps breaking them. Those are in the $1000 of dollars apparently, but she has not gotten her own model or even updated?
She makes a lot of money just from twich subscriptions alone (like 6000~7000 per month maybe more ), and things like the vtuber awards cost much more than 50 vr headsets, she's not poor or cheap, she spend money in things that pick her curiosity
â@@matias253so she illegally ripped the model but will buy 10k$ in VR models?
I'd say the most likely scenario is her seriously thinking the model was free and never knew about the original creater.
@@Lewisking50
no she knew and admitted to having stolen the model.
she says in the clip played in the video that she got the model without paying for it.
the only reason she got away with it for so long is because she ignored people calling her out and the original creator of the model didnt know she existed until a japanese company partnered with her for the nendroid.
She literally uses three different models. Only one of them was made by this Jingo person.
I like Filian, so I hope she gets this resolved without too much trouble. Getting a look-alike model seems to be the best route going forward. Hopefully, she can work out a deal with the owner concerning what she's created so far.
"She needs to stop being a cheapass and do this!" đđ€Łđ€Łđ€Łđ€Ł
Thanks for the summary! I didn't have time to watch the whole stream, so this is very appreciated :)
Filian got caught lacking and now pays the price. How she didnt have an owm original model with that design as a base/reference already is beyond me.
I love Filian, but it is very disappointing she didnât get explicit permission from Jingo for merch. I hope the situation gets resolved amicably.
not only did she not get permission she didnt even pay for the model in the first place.
American vtuber moments
no matter how amicable the resolution is, filian's image was tarnished, it was not only 1 artist who made merch of her model and they did not know it, besides she will have to pay for the damages she caused, I doubt she will be allowed to continue using the model.
Also super shitty she ripped both models from vrchat. Admitedd by her.
@@uteriel282 That was very obviously a joke.
No she doesn't think it was public domain. She outright statedshe pirated/ripped the model.
she is Cooked
She stated that she thought it was a free model on VRChat, which she then ripped out of VRChat for use outside of VRChat. She was, in her usual fashion, exaggerating her actions as something worse than what she truly believed. In this case, it just so happens that the model was not from VRChat and the new context makes it look like she's admitting to something that she was never admitting to.
Personal feeling is that Filian grew a little too fast. There seems to be certain situations that she doesn't handle correctly and make her look like the bad guy. I have no doubt she does it for the attention; she lives on it. Even from way back when the issue with the joke happened. She tends to doing things that are really stupid and then act like she is innocent (the joke being a example, no dip Rob was mad back then). Now I don't think she is a terrible person, I just think life needs to hit her in the face so to speak. Luckily for her I think things can be smoothed over for this situation.... She just needs to get a personal model made for herself.
to be fair a lot of VTuber started whit a free/ripped model most just switched to a personalized paid model when they could afford it.
Fillian not sure why she have not... wait its because the
10 index controlers 150.
2 index heaset.
8 VR cables.
1 base station
plus 1 celing light and the wall needed a repair after one of her stunts that she broken.
and that she boroken 3 base station so far that number above is 1 year ago I think.
@@Zack_Wester Iâm really confuse on your point?
Iâm not bashing the use of the free model to start with.
She can afford a new model, regardless of the replaced items. If she can act reckless thatâs on her.
@@Omnijoel_ More that she have a lot of expensive expenses.
she is making money but im not sure she is making that kind of money.
There are clips of her saying she stole the model. That she used a program to illegally download the model
Unfortunately Fillian did pirate the model, she has a few clips saying that she pirated it or stole it, she actually used both of those words that will probably not be good for her. If this does go to court they might look at the many thousands of dollars she made using stolen software as evidence. There's also the issue of a lot of people who hate Fillian and her name and address would be made public through the court system, it's all around a disaster for her.
Do her followers ever say something about it? Openly admitting and bragging of stealing in front of thousands of audiences is mental.
Fillian being a typical impulsive zoomer and never checked her sources.
This is kind of on brand for Fillian.
Apparently, she ripped her model (stealing, essentially), that's how she got it for 'free', she's admitted this on video, so I highly doubt she was under the impression the models were public domain. She really should've just commissioned her own bespoke model a long time ago.
Another issue is that she didn't even buy the models from both she used a program to copy the model from another person so she basically stole it.
From what i have seen, she also goes on record, saying that she pirated the model as well
The fact that Filian isn't the only one to use that specific chibi model and had Korean customers mistaking her merch for someone else is funny. And sad. But mostly funny.
This is why VTuber identity is important.
She got it off VRchat in a public world, most people assume public world = public domain
I love Filian, she's genuinely hilarious - but seeing people go "teehee, she's just a zoomer/young! she didn't know any better!" is kind've worrying. Like does she not even have a team/family members/friends who understand basic legalese that could've just been like - "hey, you're huge now, you should probably get your own model before producing merch." Like she has a GamerSupps cup? How the hell did she get this far without anyone around her telling her about the massive marketing/financial landmine she was setting up for herself?
Not a single one of her vtuber friends said anything???
They have... Lucy even pointed it out about two months ago on stream.
She either stupid, malicious or ignorant....maybe all three.
She knows. She just didn't care because it benefits her.
Lets be clear here. She knew what she was doing was illegal. She just have never gotten slapped on wrist and because of that didn't see reason to do the right thing.
Good Smile Company's US presence is called Ultra Tokyo Connection. They are mostly or entirely about distributing/wholesaling GSC merch. They are based in California.
but is not a branch, is like ask the workers of a warehouse if they can be lawyers.
@@kemiya1750 I don't understand your analogy.
â@@RobertChisholmhe means that it's a fulfillment center. It's just a body without a head.
@@Edino_Chattino UTC was created by GSC in 2014 to distribute and promote GSC products in the US. It doesn't matter if they only distribute merch. In your analogy, GSC is the head of UTC body.
She didn't even purchase the model. She pirated it and then ripped it from VRchat.
I think I know what happened. Fillian started in VRChat, and in VRCHat you can import 3d models to be used. The one that got the model from Jingo (which was her first) was brought to VRChat and Filian began using it as an avatar there before she started Vtubing. She started as a VRChat content creator and then she became popular and decided to go for Vtubing.
in VRChat most public models are free, and many are edits of already created models or creators put their works there for people to use as avatars. (Which is why Filian models were referred to as AVATARS by the creators).
If you ask me, this was a very well oopsie as by default one should know not to make merchandise based on an image you got in a metaverse from an avatar you got there, if you are not said avatar creator. metaverse are open license by default.
I look forward to Fillan's future outfit reveal.
i guess that means filian is gonna be in a slum for the next century, even if the artists generously decide to let her off *easy* there is no fkn way any of the merch companies arent going to milk her for every penny as compensation for their reputation loss
Filian, most likely, doesn't actually have *any* rights to use the model.
There are two clips, where Filian essentially says the following:
"I paid zero dollars for this model"
"I illegally ripped the model from VRChat"
The second sounds like a joke she would make; the first has no negative implications without further context.
â@@TiagoTiagoTFurther context which is immediately and easily available, the model is and always has been a paid model and she is aware of this.
@@Toastybees That is not what is in question. Intent is important; getting something for free does not imply that something is being obtained illegally, hence the need for further context; that clip by itself has no negative implication.
@@TiagoTiagoT The second is what a lot of people do on vrchat- they just go to the ripper store and download ripped assets to re-use and re-upload for their own use without having to buy the models/scripts on booth. The issue is so wide-spread that even individual users usually get pissed if someone admits that they got their model assets from the ripper store instead of buying them from booth. It's possible that she ripped the assets and made the ava with them before she blew up just for personal use on vrchat to have something custom instead of just a basic-b!tch public avatar.
@@kiracy6645 It is also possible she just got it somewhere where it had already been ripped and was treated by everyone as just another public domain av. Innocent until proven otherwise.
The best example of what she thought about her model might be her response to people telling her about a mobile game using her model in advertising. đ
Thank you Legally minded
filian got the model by ripping it from vr chat after someone uploaded it there illegally.
when she just started streaming with the model she always said that its only a temporary thing and that she was working on getting her own model.
that was several years ago and she has since then made money with a model that she has no legal license for.
also filian knew that she basically stole the model but kept using it for commercial purposes anyway.
Well explained. Good to see I'm not the only attorney who's into Vtubers.
Reminds me what was taught in my ethics class for my media degree.
It's still funny to me that in a video made by a lawyer, the internet will always think they know more about the law than a person practicing it
Considering the amount of outfits those models have in total, and that Fil is activly using them for her various punishment wheel streams, the amount of money she saved is probsbly at LEAST in the 5 figures, if not 6.
To be honest, Filian can be a bit of an airhead sometimes. I hope the lesson she takes away from this is to have someone look over her business dealings to make sure she's not getting herself into trouble. And maybe make sure she doesn't accidentally kill herself next time she tries to pogo with heels on.
im surprised to see you mention neuro's case, because i also thought of that (and the possibility of filian to follow it) when i first heard about the situation
Watched yesterday's vod thanks for battling the internet. Nice to see the summarize version
Filian was completely aware that the model was pirated and likely not free or public domain, because she ripped it from VRChat herself using third party software. That might have been something she could have gotten away with early on, but definitely not now that there's commercial use involved.
This
She didn't rip it off with third party software WTF. You can literally download the models for free from either of the Avatar Search worlds. You just have to follow the rules of the original artists
I like how morons are thumbs upping this huge bit of misinformation
â@@TheHauntingOne she admitted to illegally taking if off VR chat
@@cakeCrumbzz when? I've watched her streams and she said she got it from a friend of hers
There are a lot of great artists/creators who upload art/models for the community out of their own generosity. As much as I am a Fillian fan, you gotta give credit to those artists especially if you are profiting off of their "free" generosity.
"Stop being a cheap ass & do that" đ
Very informative words
I have always known this was a free to the public model, I saw it on VRChat and from some small VTubers before Fillian started becoming well known, but I'm still shocked Fillian didn't even even consider this when the first thought of making merch came into question. It's weird that it took Good Smile making a figurine for anyone to realise. I love to watch her, but I genuinely have no idea how this will be resolved with her past merch as well.
Edit: nvm, guess its not free
The model itself isn't free, no. Technically the free-access Public models on VRChat are against the creator's terms of use. However, the bigger issue is Filian's use of the models in vtuber software like Luppet, which requires you to have the model itself. She openly admitted to ripping the models from the game to use, which is actual piracy and against not only Jingo's Terms of Use for the Rindo, but also VRChat's Terms of Service entirely
It's a common thing as an artist who gives free resources that you do not get to use them for merch etc without checking in. That's how it's always been, and it should have said so on the model page she got it from.
Sometimes lessons have to be learned the hard way. Hopefully this experience will teach Filian to properly cross her tâs and dot her iâs in the future.
Even if she thought it was free, I donât think it absolves her from owing the rights holder. It may give her leniency if they or a judge decided she could pay back less than what she owes. She still doesnât have merchandising rights, and this likely burns any relationship she may have had with Goodsmile.
the thing is she know it wasn't free, also just because it is free doesn't mean you have the merchandising rights to the model.
So to clarify in comments. Fillian has admitted to STEALING the model and never even purchasing it.
Backpay for those figurines and plushies is gonna be diabolical
not just for the merch but for the years of streaming as well since she used the model without ever having paid for it.
BTW there are recording of her talking about illegally ripping the model. Which means there's a possibility she didn't even pay for the model.
This was the most insight review of this case I've seen. I find it funny that an ai creator would get not stealing art by commissioning a unique model for Neuro/Vedal than a real vtuber like Filian.
I didn't get to see this as it happened but some people have said the "uh-oh" tweet happened before the figurine tweet got community noted, so it must have been part of normal marketing and not a reaction to the community note.
yes, it was a reference to the jar meme
yeah she could've gone the neuro route, but there's still the question of backpay because her previous merch was undoubtedly a breach in the artist's rights
As for the "getting the model for free" part:
A lot of people upload these models for public use on VRChat, even if it's not allowed according to the model's ToS. So she probably got the model that way. If at any point she downloaded the model, she must have ripped/pirated it.
She stated openly during her 600k Q&A in June 2023 that she ripped it. Vod was unlisted at some point though.
From what I seen the Good Smile deal is on pause or could be ended entirely. Worse case scenario, she rebrands and loses that one deal. In the best case, the model artists become her exclusive artists or some kind of partnership. But I really hate that alot of people want to demonize Filian and hoping she gets sued. Like what the Hell she didn't do anything to you guys chill.
Its not weird to want a thieve to go to jail even if they didn't steal from you. Most people think stealing is bad, regardless who you steal from.
as someone as big as her, she should've looked into it.
then again it's filian, so i'm not surprised.
ya know, about a month ago, a video was recommended to me on youtube. it was a live2d filian model. it was kyupi roux's video. someone commissioned them to rig it. never really knew if it was actually FOR filian though. and kind of forgot about it until now since the topic of her having an actual model would've prevented all this headache came up... it's a really nice looking model, whatever they are doing with it.
Another streamer I watch recently bought 2 models. The first model didnât give her commercial rights, but the second one did
Sheâs also very open about being Christian on her channel, using the âchristianâ twitch tag and being open about talking about her faith and how great she is, and even has a prayer request redeem. Because of this, I do wonder how the âreligious useâ clause could effect her or other similar Christian vtubers if they did face a similar clause (which there are a fair amount of)
I think the best thing Filian could do at this point is commission the artist of the Rindo model to make her an original model with similarities to Rindo (since she's apparently concerned with losing her brand identity). I think it'd show not only that she recognizes that she messed up, but making the gesture to pay the artist of the model she ended up liking with a (likely) more expensive custom commission would breed some goodwill for her.
Hereâs the thing, her model isnât free, itâs 7000 yen to buy the rights to edit it. She just ripped it for free bc thatâs VRC culture
Big fan of filian. Shes a good person and a goodball. This is exactly why I've never purchased any filian merch
The main Rindo model, she literally recoloured it and yoinked it for free using some program, without the purchase of the model from the artist, she has literally 0 right to stream or do anything with the model.
I saw a clip with fillain talking about how she ripped the model herself from VR chat
Filian said on a stream that she didnât even buy the model she ripped it and basically stole it
Donât know if that changes anything
She really shouldâve gotten an original model once her popularity skyrocketed, she has the money to hire someone to create one for her at this point.
There are programs that are for Illegally extracting ("Ripping") modals from others users within VRchat, She has also admitted to using one of these programs to take the Rindo modal from Vrchat,
This is also a common problem in the VR Community, hurts more then just the bigger creators in the end and alot of talented people have ended up closing shop over "rippers".
she sounds like an asshole.
THEY CALLED SAUL
What I learned is that vedal is more than the coding savant that I thought he was.
she said "uh oh" in reference to the jar memes, not because of the community notes
I love how she is in terms of Entertaining and in the irl.
I am having fun here đ€Ł
I like Filian, she's funny, but if I ever was in her situation, one of the first big expenses I would've spent is getting an original model to prevent this exact situation from happening.
Cheapness isn't an excuse cause she's definitely making bank. I can understand being emotionally attached to the model, but this is now a job/business so that's also no excuse. As for branding, well, she doesn't legally have the rights to use the model for it, and I see people here in the comments section that she "pirated" it so...
This... is actually very informative.
Certain copyright issues (not just Filian) have been the common norm in regards to issues raised here in CZcams.
I recall Tom Scott making a video, but not *this specific* RE public domain x open license x copyright, yet _explained in terms a kid can get it._
Thanks!
Appreciate the summary it was rough on the scuff stream. Hopefully she can get it resolved privately and get a new model made too
Sounds like interesting case where piracy actually gets rather messy...
Fillian posted the "uh oh" before this hit the fan from what I have seen sooo it aged like milk
Honestly, Fillian have no excuses for having an original model and didn't she said it's in the works? How many months ago was that?
I am surprised the compabies that she did deals with fillian didn't check the licensing...
She's a person, it is understandable how she screwed up, but the companies really should have asked her for the actual terms she got the model under. Seems like the merch companies's lawyers didn't do their job of advising how to reduce their liability.
Are there conditions under which something may become public domain without the creator explicitly authorizing that license? (and to be clear, while still in the conventional copyright span of time, since in this case clearly the creator is still alive)
In a way, I feel like this is such a Filian stunt. I believe entirely that she lacked an understanding of this distinction, and I sincerely hope everything gets resolved in a good and proper way. And that we get to see Filian again but with a truly unique design made specifically for her.
I was waiting for this lets goo