/vt/ - Virtual Youtubers

>>77235291
They are using the palworld's approach

>>77235631
Improving on multiple aspects taken from other places?

>>77235734
more like the NFT machine they are

>>77235734
>improving
...
sure man, we'll go with that.

>>77235291
Umm the designs are completely different because she changed colors and added details on skirt.

>>77235734
Zoomerbrain response

>>77235291
how could you leave out megalodon?

>>77235291
Shylily could potentially sue the girl in the middle and win. The main issues here are Unfair Competition, Right of Publicity, and Trade Dress
Unfair Competition refers to unlawful practices, such as trademark infringement, trade defamation, false advertising, and any other act which confuses consumers regarding the source of the product or service. Since she is using a character that is nearly identical to Shylily's character, a lawyer would argue that viewers might get confused and mistakenly believe that she is Shylily. This could lead to her unfairly benefiting from Shylily's reputation and fan base, which is seen as unfair competition.
Right of Publicity is an individual’s right to control and profit from the commercial use of his/her name, likeness, and persona. This right is meant to prevent unauthorized appropriations of one’s identity for commercial benefit. Since Shylily has a very distinct and recognizable character, that character is considered part of her identity and persona. A court could find that the other girl created a character that is too similar and that viewers could confuse it with Shylily. This is an infringement of RoP.
Trade Dress is a trademark protection covering the image and overall likeness of a product. In the context of vtubers, trade dress applies to the unique visual elements that make a character distinctive and recognizable. This includes things like color schemes, clothing, accessories, and certain behaviors/mannerisms. For a trade dress claim to be valid, Shylily's character design must be distinctive. It must be unique enough that people can immediately associate it Shylily. Since the other girl's model is nearly identical, a lawyer would argue that it dilutes the distinctiveness of the Shylily's character

>>77239876
You forget that Shylily has EU-citizenship and therefore she is under EU-law in terms of copyright law

>>77235291
>>77238390
Why do these whales/orcas all have floppy ears? There is nothing even remotely like floppy ears on a whale/orca.

>>77240360
Maybe the floppy fin from free willy

>>77240360
Shylily and her clones are Orca+Cat combination so those aren't fins but lowered ears

>>77240360
You don't have to ask this rhetorical question. It's because they want to be Shylily lite. If you just showed the silhouettes they'd basically all look the same.

>>77235291
There's even more blatant clones of popular vtubers out there, like the Anny clone MoonbunVT.

>>77239876
She's an indie all the talk about owning their ip are a bunch of baloneys. It would not be taken seriously if it wasn't registered in the first place.

>>77241157
Everything else they claim is "coping" Shylily is pretty much bullshit. She doesn't have a monopoly on skirts or her "OC body type, do not steal". But the ears make it a direct rip-offs. There is no reason for an orka or shark or whatever to have those ears, that is a unique design that makes no sense objectively to have. It's like those dictionaries who hide typos to prove theft. There is no reason to have them in your sea-creature based design unless you are ripping off Shylily.

>>77241768
Owning your IP is important so unfeeling business men can't strip you of it, and slap you with an NDA that prevents you from ever talking about your time playing that vtuber. Even Cover doesn't really care about people making knockoff models as evidenced by Mikeneko.

>>77235291
Anatomy fags. Explain this to me. Ears right? What type exactly?

>>77235291
When a character concept is copied enough it just becomes an archetype. That said, vtubers weren't the first fish/whale girls.

>>77240360
Kemono friends orcas and whales have kind of floppy ears like fins.
>>77240832
Cats don't have floppy ears. In case you've never seen a cat before.

>>77242017
Indeed the ip omega has worked for was also taken from his hands forcefully when they took him out.

>>77242796
I'm not the one behind the concept I'm just repeating what Shylily and that other one described themselves as

>>77242017
You cannot own character concepts since the dawn of legal precedent. You can only own your specific version of it, so as long as she doesn't use Rushia and as long as they don't use Shylily, it's all good.

>>77242017
Motoaki Tanigo is evil, there's no way a good ceo like him exists in reality. He feels to much of a businessman. That it feels like a facade, illusion, a lie.

>>77242952
Okay, but you can see how cats don't have floppy ears. The artist probably copied Kemono Friends and changed it slightly, then she tried to re-interpret it as cat ears or some shit. It's clearly nothing to do with cats.

Its fine when Hololive does it.

>>77239876
No, she won't win on mere similarity.

>>77242017
> Owning
Did shylily register her model as her own? That's the most important question since copycats would popup utilizing her design while she can do nothing towards them.

>>77243060
https://note.cover-corp.com/n/n0cdd04c374c3

>>77243222
You don't need to register your model. But there is nothing you can do to protect it in the sense you mean. A lot of you seem extremely young and don't understand anything about the world. You can be a halfling, but you can't be a hobbit. You be a mind flayer, but you can't be an Illithid. You can be Herlock Sholmes, but you can't be Sherlock Holmes. Shylily should count herself lucky that nobody is Shyriri.

>>77235291
by me

>>77242820
Such a waste of good design they should have just let the guy take it with him it's so frustrating to think about. I'm pretty sure it's an oppression of their rights somewhere

>>77243531
So it's the same logic as brand knock-offs, Technically they're not the same but looks similar enough to draw connection and possibly attract attention towards it?

>>77244158(me)
I'm guessing noone would have known about the new whale vtuber if they didn't copy some of shylily's design.

>>77244158
Brand knock-offs are slightly different, since they also include logos and registered trademarks. But it's also not as straight forward to argue that and win a case in court. As long as you're not actually misleading people into thinking your product is the original, then you've got reasonable amount of cover. That's why you have a myriad version of colas.

>>77242014
You can have floppy ears as a shark and not be a shylily clone
The entire silhouette being the same is what makes it a clone.

>>77244158
You can be palworld but as long as you don't use any pokemon assets or names you're legally watertight. Shylily can't sue them, but it still screams creative bankruptcy.

>>77243531
Lol tell that to disney. Tons of people have lost in court with your arguments

>>77235291
i dont want to hear anything about these dumb mounds of aquatic blubber being 'endangered' ever again if they're breeding THIS fast...

>>77237182
genwunner response

>>77242820
Who cares hehe

>>77235734
1. You're not old enough to be on the site.
2. Is that why people are still playing and talking about palworld?

>>77238390
Mega is very distinct though

>>77242497
I've never heard 2win talk about the design process for Lily but if I had to guess, the idea was to give her mammalian ears that would be suitable for prolonged submersion and to keep her body shape hydrodynamic.

The other two are just copying Lily

>>77235291
This trend is evidence that your average vtuber fan has absolutely zero taste or standards, willing to gargle down identical piles of slop endlessly until they die, and that (as a direct result) the hobby is now at the point of saturation where the women who just want to cash in on easy money don't feel compelled to even attempt to mask it.
This was always going to be how western vtubing panned out.

>>77235291
They look very different, what is the problem?

>>77235291
So what I'm getting out of this is you can't be a generic anime girl with a whale tail or OMG COPYING. its retarded

>>77235291
The one on the left actually falls under "different enough". It's clear she wants to capitalise on Lily, but the artist actually remembered to change the words in the homework.

Great, more wompwomps to fap to!

>>77238390
Mega's pretty distinct. Lots of sea creature vtubers will have big tails like Shylily does even Gura has one and there's a lot more that goes into being a clone. Megalodon's pretty different outside of the floppy ears and tali.

>>77235291
who

>>77238390
not another one....

>>77243707
post trans tits faggot

>>77245939
Disney is a household name, probably with multiple aspects of characters wrapped up with their logos and trademarks. There is nothing stopping people from creating similar characters to the Lion King characters or Toy Story characters. Lion King in particular seems to have plagiarized a lot from an anime, but with no lawsuit. That said, bringing a lawsuit can always happen, whether it's won or not depends on what happens in the courtroom. Even a bad case can be taken to court and a company with resources can drag it out to the point that the other party will accept any settlement rather than let the case continue. Vtubers aren't household names and you won't be able to argue that Shylily has any particular claim on anything except her own assets. More importantly if she doesn't have a contract that transfers the model from (artist's legal name) to (her legal name or her company) then she doesn't in fact own the model, it's merely licensed. That and the existence of other similar looking characters before hers instantly disintegrates any claim she could bring.

>>77267568
Shylily and her artist didn't invent any of the individual elements that went into her design. The floppy ears, the tail, none of it is original to any vtuber. That's because vtubing is the most unoriginal and derivative form of media you can imagine. That makes the arguments in this thread just so funny, we're literally arguing about basing inclusion criteria on how tails are posed.

>>77253366
Palworld still seems to have 16k players currently on steam, that’s pretty healthy

>>77275893
By the time you have 100 whale girls, there are only so many unique ways to pose a tail. Probably by 10 there is not much difference and it's arguments over double and single digit degrees.

>>77241401
She literally looks Frankensteined together...

>>77242820
For all we know that was a good thing in that particular case.

>>77235291
what's next? Biboo?

>>77235291
imitation is the sincerest form of flattery

it's so obvious she stole from Shylily

>>77235291
Bao isn’t even sexy don’t know why they are copying her, it’s just a blubbering mess when she moves like setting the jiggle physics to 200%

>>77279513
Omega imitated Rimiru in "That Time I Got Reincarnated as a Slime."
Omnipotent and genderless.

>>77275782
>Lion King in particular seems to have plagiarized a lot from an anime, but with no lawsuit.
>he still believes "the Lion King is a ripoff of Kimba the White Lion" myth

>>77275995
It's a massive drop off from where it was when people were parading it around as the Pokemon killer rumao. Palworld won't even be remembered in ten years while everyone is still playing gen 20 of Pokemon.

>>77235291
And it's a good thing.

>>77242497
For Shylily it's probably "front flippers". But for the other "dolphin" it doesn't make sense since dolphins have kind of short flippers. Even a small tail, so she is just ripping off Shylily but try to have plausible deniability.

AIIIEE ANOTHER ONE
https://x.com/Nanoless_/status/1797645341002797290

>>77288789
I think she is taking a piss

>>77288862
Obviously.

>>77235291
and another one.
It's over....

>>77289110
Okay but this one isn't bad. Sespite being by the same artist as SmolLola's, it has a lot of unique ideas and accessory combinations going on. Not to mention they didn't completely lift Lily's silhouette and body type for this.

>>77289110
>They are exponentially multiplying
It's so over. That one is cute though. Not a fan of the nose band-aid though.

>>77238390
Add this to the list kek

>>77235291
That purple one had old clips of her previous model dug up and turns out not only did she take "inspiration" from Shylily for the model, she changed her way of speaking to match. It's mind boggling how blatant her whole plan is. ALSO mind boggling how many dumb asses are defending this.

>>77288789
>>77289110
the great wompification has begun

ok but can we get all of them together like eevee's and have them make out, waiting for the art/dojin of them fucking together