The thing is we know that his sound designer created it. We have proof. Here’s screenshot from my discussion with him, where I downloaded the Uuhhh.wav file from Roblox and read it’s metadata. I personally did this and verified that it indeed was made by Joey Kuras.
At this point, the only thing that would invalidate Tommy’s arguments is if Kuras the sound designer licensed it to the site where Roblox downloaded it, which would have made it legal – OR – if Joey Kuras says something contrary to Tommy
Originally he wanted to sell the sound to Roblox.
Originally he wanted to sell the sound to Roblox. (DM me if you want to see the rest of the convo)
You don’t need to register something for copyright to own it, if I publish a Roblox game I own the copyright to it and if someone stole all the assets I’d have the legal right to sue them, I would just need to register when initiating the lawsuit.
If by that you mean evidence that he registered for copyright, then it would discredit him but doesn’t negate the fact that we have proof the sound was created by his sound designer.
The sound file packaged w/the latest Roblox client appears to be an mp3, and it doesn’t have such fields in its metadata (I even went the extra mile and tried using the same site as you! [get-metadata.com redirects to www.metadata2go.com]); so — unless this is a recent change done done to ‘cover up’ (which I’d be shocked to find out) — I’m confused as to which file you read the metadata of.
The file uploaded to the website does have credit embedded in its meta-data; the file distributed w/the client does not
Also, to those suggesting that Roblox should ‘counter-sue’: even if Tommy was acting in bad faith, Roblox would have very little to gain from doing so.
That’s interesting, but why would he go on to twitter? I’m nearly certain that any good lawyer would recommend against taking to social media. It looks like he’s just trying to make money out of this, which definitely won’t look good in court.
Roblox probably wouldn’t want to counter-sue Tommy as lawsuits are never fun. By the looks of it, they’ll eventually just reach an out of court settlement. Otherwise, when Tommy’s publicity starts going down, he’ll make a big deal out of it again which would eventually force ROBLOX in to acting. There’s only so much defamation a company can handle.
Also I’m not a lawyer but I really don’t think that clearly just wanting money is going to go against him in court. Generally in US civil court you just have to convince the Judge or Jury that you have the majority of the evidence in your favor. Proving he owns the soundtrack and that Roblox shouldn’t have had it, and that it’s not unreasonable to ask for compensation, is all he needs to do, like it or not. It’s a pretty clear case if he really has proof Roblox shouldn’t have had it.
“Despite the fact that Tommy has no copyright to the “oof” sound (and in response to our requests he has presented us no proof of ownership to it) we’ve nevertheless been working in good faith to reach a fair resolution with him.”
I disagree with that. With one of Tommy T.'s recent posts on Twitter. He showed that he had ownership, by Tommy Tallarico Studios.
tommy said that a fine is the most he will do, he is extremely respectful of our community and wants us to keep the death sound because he knows how iconic it is and how much we all love it
Looking back at all the recent stuff that has been happening in the past couple of weeks and months…
We do believe you, that you bought it legally, without noticing or not knowing that the sound was already used by someone else. You’re old enough to tell us the truth and live by the law of the United States. The ‘‘Oof’’ sound has become, like many other fellow Developers said, the most iconic thing on Roblox. It’s been used everywhere. As a meme, on YouTube, it has been remastered, redesigned and so on. So I think we should keep the death sound at least, because of what I’ve heard, many users are gonna be upset if the ‘‘Oof’’ sound will be replaced.
I find that an interesting solution, since it doesn’t include any further drama in my point of view. Pretty creative.
That is true, everyone has the right to be given a chance to fully understand things. Maybe he can just check Roblox out himself, to see what we have created. Some of us OG Developers have been here on Roblox since the beginning, watching us grow. We are still a growing community and we do everything possible on Roblox. We make things easier if necessary, we listen out to other people. You collect feedback for the platform, and we collect feedback for our games and showcases. We learn from them.
That is a really nice change in the future. As time passes, more UGC creators will be added. We’re all happy about the UGC change in 2019, because talented 3D-Modelers can now listen to the community as well, to collect suggestions, ideas and concepts for items that the community is asking for, since Roblox cannot always listen to over a billion people or even more.
Generally, the Roblox Community and the Roblox Developer Community always had Ups and Downs to changes on the platform. But Roblox is smart, making new steps and taking new paths, trying out. I cannot honestly wait to see what comes in the future. The staff always comes up with great and creative ideas, solutions to certain problems and contests, to keep the community entertained.
He didn’t tho. He just wants to be recognized for his sound. I bet if you made a sound that was then taken and made iconic you would be reasonably mad. Let the court do the investigation first. Plus I don’t know one person that would fake a contract and then give it to their lawyer/ the judge and not check for mistakes. All just seems weird.
I do not claim to be a Legal expert, but isn’t there a point where a phrase or material becomes such common speak that you can no longer claim intellectual property?
For example: The Term “Video Game System” was coined by Nintendo because they wouldn’t be
able to copyright the “Nintendo Entertainment System” if everyone called stuff from Atari, Commodore, Sega, etc. “Nintendos”.
If this is the case, Wouldn’t the “Oof” expression have become a common enough occurrence, even in real life that he can no longer claim ownership?
It was a fake contract, look at @Hexcede’s examination which looks like its from the year 3648. Look at @GeorgeOfAIITrades’s examination, it’s just a fake contract and all he wanted was clearly some attention
CloneTrooper1019 has the old 2007-2009 clients on GitHub which contain the file and it does indeed have the credit. When it was converted to mp3 it was lost.
Additionally I’ve noticed a ton of people still saying this is a recording and now that I think about it, why would Roblox add a credit if they stole this sound? Just seems weird to me not to mention the other stuff I’ve found which shows (with 100% certainty) that the copyright document is fake.
Yes it does have mistakes but we really shouldn’t leave it up to random people on the internet to decide if it’s fake or whatever. A real judge/lawyer will obviously view them and we will just have to wait.
