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RaikuHoshigami β€” Arlvit MMD models rules

#bikini #cute #evening #girl #hoshigami #izayoi #light #maid #mansion #mmd #raiku #red #sakuya #sexy #touhou #remilia #mikumikudance #raikup #girlmaid #redlight #sakuyaizayoi #sexycute #lightevening #mmdmikumikudance #raikuhoshigami
Published: 2013-03-14 02:38:53 +0000 UTC; Views: 30905; Favourites: 196; Downloads: 0
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Description The new Sakuya Izayoi model released by Arlvit.
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Here are the official Arlvit MMD models rules included in the readme, there are some MMD users who misunderstood the rules, so, I'm posting here for inform. Please share with everyone so they can know about this.

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Read and agree with ALL terms of use written in this txt file before using this MikuMikuDance Model Data.
If you do not agree with all terms of use, or if you do not understand any part of this terms of use txt file,
you are NOT allowed to use this MikuMikuDance Model Data.


Do not re-distribute this MMD Model Data.

Private Trading and Public Trading of this MMD Model Data is NOT allowed.

Please use this MMD Model Data at your own risk.
I can not be held liable or responsible for any damages caused by using this data.

This MMD Model Data may not be used for any works which contain negative content toward the original product, individual, &/or group.

Although you are allowed to edit this MMD Model Data, you may NOT distribute that MMD Model Data to other users. (Apply only exclusively to Swimsuit models)

You are not allowed to distribute MMD Model by using parts of this MMD Model Data. (Apply only exclusively to Swimsuit models)

With exception of Arlvit's swimsuit models, you are allowed to edit and distribute models which have parts of Arlvit models.

Do not use this MMD Model for works which include obscene, grotesque, &/or violent content.

You are NOT permitted to sell this MMD Model data in ANY format, whether digital or in print.
This MMD Model data may only be used for non-profit purposes.
Do not use this MMD Model data for commercial purposes.

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MikuMikuDance Model created by Arlvit.

Any doubt you have please contact Arlvit directly via e-mail, his address is included in the readme files.

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Izayoi Sakuya Bikini link: seiga.nicovideo.jp/seiga/im292…

Izayoi Sakuya by

Stage by nya

Effects: MME + Photoshop
Related content
Comments: 82

RaikuHoshigami In reply to ??? [2015-07-24 01:21:18 +0000 UTC]

ux.getuploader.com/arlvit_n2/

There are some files that need password. Search the word "DLkey" and a link.Β  Some passwords need that you understand japanese.

πŸ‘: 0 ⏩: 1

daniel92saputra In reply to RaikuHoshigami [2017-10-23 05:53:50 +0000 UTC]

is the file sakuya izayoi ver 2.10 zip?

πŸ‘: 0 ⏩: 0

Crazyj85 [2015-07-24 01:11:12 +0000 UTC]

I see the rule about non violent content and stuff. So by that like I can't have a model be in a violent scene like Tom and Jerry cartoonish lvl?

πŸ‘: 0 ⏩: 1

RaikuHoshigami In reply to Crazyj85 [2015-07-24 01:24:36 +0000 UTC]

Commonly are forbidden the scenes with explicit violence, blood, grotesque, humiliation, etc.Β  Use your common sense.

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Crazyj85 In reply to RaikuHoshigami [2015-07-24 02:54:39 +0000 UTC]

Ah ok, just making sure.

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RaikuHoshigami In reply to Crazyj85 [2015-07-24 18:11:20 +0000 UTC]

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Mr-pandasaur [2015-05-04 08:33:39 +0000 UTC]

Ill folow this *^*/Β 
Β 
i does not know that language so its all blah to meh >.<'

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LilRaynareLegacy [2015-02-19 11:36:05 +0000 UTC]

Thank you mate. Epic model!

πŸ‘: 0 ⏩: 1

RaikuHoshigami In reply to LilRaynareLegacy [2015-02-19 18:45:46 +0000 UTC]

You're welcome!Β 

Thanks!

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itachiagg [2014-08-09 21:33:26 +0000 UTC]

TT_TT cual es la contraseΓ±a o cual es la pistaΒ 

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metalheadangel01 [2013-12-12 23:00:09 +0000 UTC]

im having real trouble downloading it Β 

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Supurreme [2013-07-10 09:51:25 +0000 UTC]

So that means I could redistribute edits as long as I didn`t edit the swimsuit version? ;w; MY MODELS ARE SAVED

πŸ‘: 0 ⏩: 0

masterthanhevil [2013-06-29 13:41:43 +0000 UTC]

ukm,...can someone help me with this model? when i download it and use mmd to open it, it turn out like this picture, is that mean i have to download any model else to make this model useable?

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masterthanhevil In reply to masterthanhevil [2013-06-29 13:42:40 +0000 UTC]

[link] this is what happen to me

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WatcherCCG [2013-06-05 14:59:02 +0000 UTC]

On this I agree completely. Arlvit and Montecore are the best Touhou model makers in all MMD.

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syomushroom [2013-05-31 13:54:25 +0000 UTC]

Can i ask you what effects do you used? o3o

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JokerKO777 [2013-04-10 14:39:13 +0000 UTC]

Very nice! Thanks

πŸ‘: 0 ⏩: 1

RaikuHoshigami In reply to JokerKO777 [2013-04-10 18:22:21 +0000 UTC]

You're welcome!

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mewmokona [2013-03-24 19:48:35 +0000 UTC]

I can't download it.

πŸ‘: 0 ⏩: 1

RaikuHoshigami In reply to mewmokona [2013-03-24 22:57:47 +0000 UTC]

Use the second website not the first. (getuploader)

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colorfulsparklelover In reply to RaikuHoshigami [2013-04-21 08:45:01 +0000 UTC]

where and how do i download it?

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CML-P [2013-03-15 00:00:44 +0000 UTC]

Thank you for adding EULA!

πŸ‘: 0 ⏩: 1

RaikuHoshigami In reply to CML-P [2013-03-15 13:20:21 +0000 UTC]

Thanks to Trackdancer

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wakuwalt7 [2013-03-14 21:32:05 +0000 UTC]

thanks for adding the rules here!

πŸ‘: 0 ⏩: 1

RaikuHoshigami In reply to wakuwalt7 [2013-03-15 13:19:49 +0000 UTC]

You're welcome

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ZeroMMD [2013-03-14 17:40:25 +0000 UTC]

Ah I see. For the most part, their rules are actually pretty standard for an MMD model. So far the only models that have had rules out their ears are the Hetalia models, and compared to those, this isn't too too bad.

πŸ‘: 0 ⏩: 1

RaikuHoshigami In reply to ZeroMMD [2013-03-15 13:19:41 +0000 UTC]

Indeed.

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MeiMemi [2013-03-14 11:49:32 +0000 UTC]

>w< i just love his models so much

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RaikuHoshigami In reply to MeiMemi [2013-03-15 13:19:32 +0000 UTC]

Indeed, they are lovely.

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MeiMemi In reply to RaikuHoshigami [2013-03-15 13:35:48 +0000 UTC]

>w< yup~~, can't wait for the other bikini models (-3- okay that sound a little perv)

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RaikuHoshigami In reply to MeiMemi [2013-03-15 23:48:53 +0000 UTC]

He,he, me too.

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MeiMemi In reply to RaikuHoshigami [2013-03-16 10:55:41 +0000 UTC]

XDD

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MoonwolfYouthOtaku [2013-03-14 11:39:16 +0000 UTC]

Awesome!

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RaikuHoshigami In reply to MoonwolfYouthOtaku [2013-03-15 13:19:22 +0000 UTC]

Thank you!

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MoonwolfYouthOtaku In reply to RaikuHoshigami [2013-03-15 20:50:45 +0000 UTC]

No prob ^^

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Trackdancer [2013-03-14 10:00:26 +0000 UTC]

There are some possible issues with this text from a legal standpoint. I'll briefly highlight these for consideration.

Read and agree with ALL terms of use written in this txt file before using this MikuMikuDance Model Data.
If you do not agree with all terms of use, or if you do not understand any part of this terms of use txt file, you are NOT allowed to use this MikuMikuDance Model Data.


The text in italics may be problematic if taken into a Court of Law. Should probably be rephrased.

Do not re-distribute this MMD Model Data.

Private Trading and Public Trading of this MMD Model Data is NOT allowed.


Text in italic is redundant - it's already covered in the sentence above.


Please use this MMD Model Data at your own risk.
I can not be held liable or responsible for any damages caused by using this data.

This MMD Model Data may not be used for any works which contain negative content toward the original product, individual, &/or group.


Text is italics is ambiguous as it doesn't reference exactly what is "negative"; this leaves it very open to misinterpretation.


Although you are allowed to edit this MMD Model Data, you may NOT distribute that MMD Model Data to other users.

You are not allowed to distribute MMD Model by using parts of this MMD Model Data.


Text in italic should read: "You are not permitted to distribute MMD models that uses parts or model data from this model".


Do not use this MMD Model for works which include obscene, grotesque, &/or violent content.

You are NOT permitted to sell this MMD Model data in ANY format, whether digital or in print.
This MMD Model data may only be used for non-profit purposes.
Do not use this MMD Model data for commercial purposes.


The two sentences in italic are repetitive - they're saying the same thing. It could be rephrased to simply read: "For personal, non-commercial use only".

You can ask Arlvit if he wants me to re-write the whole thing for him in more correct "legalise". I'll be more than happy to do it. I understand the basic thrust of what he's trying to communicate here, but from a legal standpoint a lot of it may have actual issues if challenged in a Court of Law. Basically, this is a "EULA" and I think it makes sense to actually to create a standard EULA encompassing most of these points as they're fairly standard.

Once this is done, it's basically a "cut-n-paste" job (like clip art) and they can re-write it in proper Japanese too if someone wants to do the translation.

Note: EULA = End-User License Agreement.

However, in the form that it is currently presented, these terms might actually be unenforceable since they are presented inside a readme.txt that are inside of the distribution package - ie. They are a "contract of adhesion". One way around this is that the readme.txt and the model data is kept seperate. The model data in a subfolder with the readme.txt in the main directory of the distribution package. Note that some US Courts have ruled that "contracts of adhesion" are illegal.

It really does make much more sense for these modelers to use something like the Creative Commons License or "something like it". The other problem here is that a Court might rule against these rules if the author tries to claim more rights than are provided for under existing Copyright Laws.

The "something like it" can be presented like the Piapro License. Basically, as long as it is outside of the distribution package (as being available to be reviewed before the package is opened) it should work. Another method is to use an .exe self-installer that includes an "I ACCEPT" button which must be clicked before the package can be opened.

So what I am saying, and it may be very shocking to the MMD Community in Japan (and Overseas) as that in its current form, many of these "Terms of Use" are potentially legal nonsense. I am not going to spell out what that actually means as that's giving out dangerous information. That said, these works are actually protected anyway under existing Copyright Laws.

Specifically, with copyright protected materials, you may not modify (ie. edit), you may not take parts from the work and you most certainly cannot redistribute the work without permission. So as you can see, a lot of these terms are already covered by the Law.

The bummer is this; under FAIR USE guidelines, US Laws actually permit edits in some cases. So screaming about NO EDITING at all may actually be illegal. But I must emphasize, this does not allow people to edit and redistribute or take parts and redistribute.

The other terms that will need more thought on are those that restricts use in porn or violence.

My apologies for the long post.

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RaikuHoshigami In reply to Trackdancer [2013-03-14 13:12:30 +0000 UTC]

No problem and thank you for the post.

Uhm, I think Arlvit goal wasn't to make a "legal" way for his rules, he won't be go so far, he doesn't own Touhou, he doesn't speak english, he doesn't have time or money for make a legal struggle because a MMD model, and the models he makes are most like "Doujinshi" work in Japan. The goal of Arlvit is just inform the users who use his models, not "demand" users in a court (most users use nicknames and avatars or hide their identity, so, how would be possible "demand" somebody in a court for not obey a MMD rule?, my friend is not going that far, you should know because he is japanese. Arlvit just post the rules as his wishes for the model use and this should be respected by MMD users I think. Arlvit took down his models once because many japanese MMD users didn't obey his rule that forbid the R-18 thing. If users doesn't obey his rules, he will simply take down his models again.

He is redundant in many lines because for make a better understanding. Again, Arlvit make these models as a hobby, not because the money, most of time, people demand people when is involved money in any kind of way. But in the case he will want to make a legal one, I'll ask you help.

Your information will be very helpful, I think for Damesuke-kun (he is the owner of MMD Wiki and Vocaloid wiki) will be for help japanese MMD modelers in protect their works. I will talk with Damesuke-kun and who this important information, maybe he will want to talk you too.

Thank you very much for your post!

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Trackdancer In reply to RaikuHoshigami [2013-03-14 17:26:02 +0000 UTC]

Actually, your friend doesn't need a lawyer to protect his rights. There is a much simpler way. All it needs is a letter. In short a DMCA Takedown Order. So for example if someone here on DA edited Arlvit's model in a manner in breach of his "rules"; all he needs to do is send DA the notice. They are required by Law to take down the offending work. Note that this notice has to be issued either by him or his appointed agent (which can be you for example if he asked you to do it). He does not need to go the route of withdrawing his work which really isn't an effective response in any case nor the expense of hiring a lawyer.

A DMCA Takedown Order must include the following (taken from [link] ):

β€’ Be in writing;
β€’ Be signed by the copyright owner or agent; your electronic signature is OK;
β€’ Identify the copyrighted work that you claim has been infringed (or a list of infringements from the same site);
β€’ Identify the material that is infringing your work;
β€’ Include your contact info;
β€’ State that you are complaining in β€œgood faith;”
β€’ State that, β€œunder penalty of perjury, that the information contained in the notification is accurate;” and
β€’ State that you have the right to proceed (because you are the copyright owner or the owner’s agent).

You can find sample letters on the Internet to use for the text. For example there is one at the end of the link I gave above.

However, this is only useful when his work has already been infringed on. The main thrust of what I am saying is that all it really needs is a change in the method of delivery for the rules to be effective legally.

This is done through the following possible methods:

(1) The rules are issued in the form of an EULA
(2) The model is covered by an established licensing system such as the Creative Commons
(3) The rules are accessible via a posting on a website independent from the model distribution package.
(4) The model is issues as a self-extracting .exe with provisions for an "I ACCEPT" button. There is freeware software that can do this, I just can't remember the name of the package(s), but I can look for it if you want.

None of these methods require the services of a lawyer and the associated legal costs. But by far the easiest method and some Japanese modelers are catching on is to use a CREATIVE COMMONS LICENSE (but there are some issues with this, none of which are fatal and there are easy workarounds).

I use the following: CC BY-NC-ND license which basically states -

- BY: You must credit if used
- NC: For Non-commercial use only
- ND: No Derivative works (ie. no editing)

The main problem with the CC license is that there are no provisions for "NO DISTRIBUTION". CC protected works are designed to be shared - but if you think about it more, that really is not a problem.

CC licenses work because the "Terms" are available for viewing outside of the distribution package. So for example, all you have to do is click on the CC link on the right column on one of my stages download page. Even if a downloader fails to see the link or fails to read it, the moment they download the package they are contractually bound to the Terms of the License. (ie. this is equal to "Do not use if you do not accept ...").

But like I stated, there are other methods too. Personally, I will respect the "wishes" of a modeler as stated in their readme.txt. Even after a GOOGLE translation these can be fairly easily understood. However, I also know that effectively I am not legally bound to them as legally they are unenforceable. This being the case, it kind of defeats the purposes of the rules in the first place.

The whole thrust of this argument is to develop a simple, FREE to use, system that all modelers can use to protect their work and legally binds users to comply.

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RaikuHoshigami In reply to Trackdancer [2013-03-14 23:01:53 +0000 UTC]

Wow, thank you very much for share all this information . I asked again to Arlvit about rewrite his readme files but he rejected. As I thought, he said that don't want troubles with MMD users and the readme is just for inform MMD users about his wishes as creator and he don't want to take another way for "protect" his work, again, because he doesn't own Touhou, his MMD works are like "Doujinshi" and he don't want cause troubles to people.

But actually, maybe other MMD modelers would want to use those legal methods, I think will be helpful for modelers who make original 3D models (original characters that they own).

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Trackdancer In reply to RaikuHoshigami [2013-03-15 00:15:22 +0000 UTC]

I did a bit more research into this, really to clarify the legalities for my own interest, but I'm going to share the results with you. Note that what I write here pertains to US Law, it might be different in Japan and other countries.

As it stands, this model by Arlvit is a "derivative work" or "fan art". The model is protected by Copyright Laws and these rights belong exclusively to Arlvit. There are some restrictions though and I will briefly outline what these are (and I can only be brief as it's actually fairly complicated).

He has the right to:

> Restrict distribution
> Restrict copying (of the model or parts thereof)
> Restrict modification (in whole or in part)
> Restrict usage (no violence, no porn, etc.)

He cannot:

> claim the character that the model portrays as his own (the copyright belongs to the original Touhou franchise)
> sell the model or otherwise profit financially from it (except under a license agreement with the copyright owner)

Do note that distributing the model itself can actually be contentious, but I doubt very much that the copyright owner would make a fuss over it. Other than that, most of his "rules" are legally enforceable (subject to a final court ruling if it ever goes to court). Final point not covered is his disclaimer (ie. Use at your own risk, no warranty etc ...) - that's fine.

So, his work is basically covered/protected already by Law as I had suspected.

Oh, yeah. AND THIS IS REALLY IMPORTANT. If anyone uses his model publicly, they MUST CREDIT him for creating the model. And we know the MMDC is really good with crediting aren't they ...? You know, I think I really should consider issuing a few DMCA take downs just for fun myself ...

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RaikuHoshigami In reply to Trackdancer [2013-03-15 01:03:02 +0000 UTC]

Wow, I see, it's really cool that models are protected by the copyright laws although they are derivated works, interesting. Thank you very much, actually, this is very interesting topic, maybe will be a great topic for a journal specifically talking about how the US laws protect japanese MMD models in those ways.

That's right, I think giving a reason strongly good in the journal and showing proves why is important giving credit to the creators, for a way to make conscience to MMDC.

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Trackdancer In reply to RaikuHoshigami [2013-03-15 01:20:22 +0000 UTC]

If I do write this up as a journal article, I will need your permission to reference/quote/reproduce some of what was written on this page and also to (possibly) reuse the image at the top of this page. Naturally, anything I use will be properly credited. So do I have your permission?

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RaikuHoshigami In reply to Trackdancer [2013-03-15 04:37:22 +0000 UTC]

Yeah, of course you have permission, will be a great article.

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Trackdancer In reply to RaikuHoshigami [2013-03-15 04:57:43 +0000 UTC]

Thank You - I'll try to get it up this weekend.

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RaikuHoshigami In reply to Trackdancer [2013-03-15 13:20:54 +0000 UTC]

Tha's great!, thank you very much!

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Trackdancer In reply to RaikuHoshigami [2013-03-14 23:12:41 +0000 UTC]

No problem. Incidently, the fact that he doesn't own Touhou or that his works are "Doujinshi" does not automatically invalidate his work from legal protection.

Artists do have the right to have their hard work protected, even if it is fan art.

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RaikuHoshigami In reply to Trackdancer [2013-03-15 01:04:07 +0000 UTC]

I see, I didn't know that, it's great that laws protect creators in this way, of course, there are modelers who would want to use those measures.

That's great, this is something that everyone in MMDC should know.

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Lorenzo2ization [2013-03-14 09:29:26 +0000 UTC]

Sakuya Izayoi I hope to find

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RaikuHoshigami In reply to Lorenzo2ization [2013-03-15 13:20:40 +0000 UTC]

I've updated the post with a link to the model.

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Xoriu [2013-03-14 05:55:06 +0000 UTC]

Thanks for clarifying the rules o.o
Do you by chance have the DL link to this particular model?

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