[kylegelliott]

(The photos are poorly taken but the theme came out looking really good.)


This is a Top Gun theme. If you are interested you can make a small donation but if you dont I understand. Thanks!

OTA: Top Gun for Bold

http://www.berryfreethemes.com/kyleg...topgunbold.jad


Donations: https://www.paypal.com/cgi-bin/websc...if%3aNonHosted

[cookney]

that theme is shockingly bad!

need to take more time making your themes if you want donations!

not even bothered to change the app or home screen banners around or anything!

lame was looking forward to seeing a good top gun theme as i love that movie

[kylegelliott]

that theme is shockingly bad!

need to take more time making your themes if you want donations!

not even bothered to change the app or home screen banners around or anything!

lame was looking forward to seeing a good top gun theme as i love that movie

Well the person that I made it for loved it and this is exactly how he wanted it. I made it to his standards, sorry his standards are lower than yours mr fairlygoodthemes.

[DetectiveBerry]

well everybody have their own taste...

[Eagles23]

that theme is shockingly bad!

need to take more time making your themes if you want donations!

not even bothered to change the app or home screen banners around or anything!

lame was looking forward to seeing a good top gun theme as i love that movie

Wow .... You're an absolute ***** for posting this!
Don't download it and move on if you don't like it but to go out of your way to post this .... Beat it moron!
Someone took time to make this so show a bit of common courtesy.
Let's see the themes you made.

Posted from my CrackBerry at wapforums.crackberry.com

[acecommander]

I don't normally post comments regarding the artistic interpretations of others, so instead, I'll focus on your ethical liberties.

First, a request to "make a small donation and I will email you a link" is a weak attempt to ask for payment. Your own blog even states:

"So the past few weeks I have been building BlackBerry themes
for people in exchange for money."


Second, unless you have permission from the copyright holder, using them in a theme you are selling is an infringement of that copyright.

Third, why are there featherdusters on the home screen bottom icons?

[kylegelliott]

I don't normally post comments regarding the artistic interpretations of others, so instead, I'll focus on your ethical liberties.

First, a request to "make a small donation and I will email you a link" is a weak attempt to ask for payment. Your own blog even states:

"So the past few weeks I have been building BlackBerry themes
for people in exchange for money."


Second, unless you have permission from the copyright holder, using them in a theme you are selling is an infringement of that copyright.

Third, why are there featherdusters on the home screen bottom icons?

I ask for donation for my time. It took a lot of time to search out the images and resize them. I ask for a donation up front to do this. People call select their own amount and they do. People have been happy with this and I have been staying busy, I have also made decent money. I have been making themes that people are so happy to get, it is really cool to see someone get a theme of their favorite sports team or whatever and they are more than happy to give me some money for doing that for them. They are not feather dusters, they are jets. The pictures shown above are also straight out of theme builder, in working. The theme on his phone looks much different and he was very satisfied with it. He contacted me and I explained up front that I usually ask for a donation in exchange for my time. He was more than willing and clearly understood.

[kylegelliott]

Wow .... You're an absolute ***** for posting this!
Don't download it and move on if you don't like it but to go out of your way to post this .... Beat it moron!
Someone took time to make this so show a bit of common courtesy.
Let's see the themes you made.

Posted from my CrackBerry at wapforums.crackberry.com

Thanks for this man, it makes me day to see people a bit understanding and on my side. There have been a lot of people being hostile towards me for asking for donations in return for making themes. What they dont see is that people are so stoked to get their favorite hobby made into a theme and they don't feel obligated at all to donate but feel more than happy to.

[DataCentre]

They aren't feather dusters...they are tomcats.

Good job on the theme!

Posted from my CrackBerry at wapforums.crackberry.com

[acecommander]

Here's a quote from your last post in this thread-
"It took a lot of time to search out the images and resize them."

This is a quote from your blog.
"I have become pretty quick where I can build a decent looking theme in
just about half an hour."


You also stated in your last post-
"I ask for donation for my time."

Let me enlighten you on the definitions of and the differences between donations and paid services.

"Donations are gifts given without return consideration."
-Wikipedia

"A sale is the pinnacle activity involved in selling products or services in return for money or other compensation."
-Wikipedia

By the way, you only responded to 2 of the issues I posted. I guess you don't have an answer for the one you failed to address, so I'll throw one last quote out to help you with your response.

"Copyright is a statutory or common law right of authors, artists, and developers (or other holders of a copyright) to publish their works, and to prevent others from copying their works. Infringement includes the unauthorized or unlicensed copying of a work subject to copyright."
-TechLawJournal

[Eagles23]

Hey Ace .... You should be posting these comments in the vast majority of the new theme post if this is your concern.
My guess is 80% of the theme posted infringe on some sort of copyright.

Posted from my CrackBerry at wapforums.crackberry.com

[fabuloso]

I think the theme is bad.

But I will have to kind of side with the OP.

If you really think about it, he isn't selling any work, or have a company other than offer a service which is technically free of charge, and has given the theme requester a choice to make a donation.

Even though the theme as Top Gun images in them, you can't really speculate that it's copyright because he hasn't in the slightest bit put anything in the images that make it his own other than air planes to represent the theme.

You can throw the book all you want, but the OP is harmless in doing so. I guess everyone who makes Vista, XP themes, Android themes is just as guilty too since the API's are similar in style. Lets sue everyone.

[acecommander]

fabuloso,

I understand your reasoning, but the OP isn't providing a link to the theme and then asking for donation. he's requiring a "donation" before providing a link, and that is selling.

In the title of the post, the OP states that this is a "Premium" theme, and since he's advertising the theme for sale, it is a definite copyright infringement based on the fact that Paramount Pictures owns the images he used in the theme.

There are many themes that use copyrighted material, I agree, but the majority of those themes are offered at no charge, which is a gray area of the law. Most of the Premium themes offered on this site (as well as other sites) incorporate original artwork which the themebuilder created.


Eagles23-

There is a proliferation of copyright infringement on the internet, however, the gray areas of the law are responsible for that. What is not a gray area is when copyrighted material is used for profit. The reason I raised the issue on this particular theme is because of the OP's blatant copyright abuse.

[fabuloso]

You really can't make a big deal about it. Even premium theme makers use wallpapers and logos of other companies and still sell their products to the crackberry community, and no one is telling them its copyright either.

[acecommander]

I'm making a big deal out of this because of the way the theme was presented lowers the bar of what is considered a premium theme.

Premium theme makers sell their products with a set price, not subterfuge.
Premium theme makers acknowledge the original artist, if applicable.
Premium theme makers acknowledge collaboration and give credit when due.
Premium theme makers do not build a decent looking theme in about a half hour.

[MSIXTEEN]

its a nice theme. its not the best but its what someone wanted. ive built some themes using icons and wallpapers i got off the net to. i understand him wanting to make a buck for his work it does take some time to put it together. but i would also give it away for free and make a link for donations. if some one vauled what you did they pay for it . but i a would not demand money for a copy paste trheme either.

[fabuloso]

lol, at least we can agree, its not a premium theme.

[imdabold1]

Great sentiment MSixteen. I am sure that it took some time to put together but as you said, I wouldn't pay for it. We should all respect each other's creative expression no matter what.

Posted from my CrackBerry at wapforums.crackberry.com

[MSIXTEEN]

I have seen some of is other themes and I would glady donate if I were to use them
Or ask him to build a specfic one I would aslo pay

Posted from my CrackBerry at wapforums.crackberry.com

[flash24]

that theme is shockingly bad!

need to take more time making your themes if you want donations!

not even bothered to change the app or home screen banners around or anything!

lame was looking forward to seeing a good top gun theme as i love that movie

lol what a d0uche!

[manuel_max]

Good job

Regards...

[Eagles23]

Ace, you do have good points and all very well said. But I am certain we could browse through all the premium themes and a large percentage will be using a logo or image of some sort that would be consider the same as what we have here and I am only refering to the premium - pay themes that someone else is selling for profit without the right(s)

Posted from my CrackBerry at wapforums.crackberry.com

[shankeith]

that theme is shockingly bad!

need to take more time making your themes if you want donations!

not even bothered to change the app or home screen banners around or anything!

lame was looking forward to seeing a good top gun theme as i love that movie

he said somewhat the same thing about my classique theme

[kylegelliott]

Wow, I really stirred up an argument. I am going to keep doing what I am doing. I am making money, and making people happy at the same time.

[donnation]

I think it looks fine. Its a **** of a lot better than I could do.