Dirty Little Secret?

I would like to have a civilized discussion about something that seems to not be talked about nor does anyone seem to care? Really I am not sure, but I would like designers and buyers opinions on this subject.

As of the past 6 months or so I have noticed a lot of the same designs are getting sold or in the process of trying to sell. These designs I am talking about in question are contest designs that did not win the contest that was being held. For example a person at sitepoint named "precharge" held a contest for a vB skin. Here are some examples of skins that are now being sold http://www.talkfreelance.com/thread27136.html Or take a look at this thread with the same design http://www.talkfreelance.com/thread26757.html not to mention I have purchased one of these similar designs that I have for my personal website at http://www.simracingdesign.com

I would also like to point out another design that seems to be getting posted quite a bit lately as well. This was also a contest for a new design for 451 press held at sitepoint. http://www.talkfreelance.com/thread26757.html and this http://www.sitepoint.com/marketplace/auction/2632? I can find more but really I don't have the time at the moment

These designs in question are just a few I would like to discuss and see how others feel about what I am about to say.

1. Is it fair to the contest holder, that the designer(s) who didn't win the contest, sell their design that they made, and is so closely matched to there contest holders newly designed website?
2. On that same note, should the designer who didn't win, be more forthcoming about the fact that this design they are selling isn't exactly a unique design?
3. Do you agree or disagree that these designs are in fact "not unique"?
4. As a buyer, do you care that the design you are going to purchase, is not the only design on the net that looks like your design your about to purchase? Colors layout etc.....
5. Also as a buyer, would you expect a refund if you were not informed until after you purchase the design that this design was made for another client and while not the same, is almost a replica?

Personally my feelings are mixed. I understand that as a non winner of a contest, you are now stuck with a very good design,or not so good, that didn't win, and now it's time to earn the money for all that time you put into it.
However, as with one of these contests, the contest holder specifically said in the contest brief, the designers will not sell this specific design, BEFORE OR AFTER the contest is over. Yet I still see these designs being offered for sale. Is that the contest holder problem for having a contest in the first place? Knowing that he can't do anything about a design similar to his being sold by someone else? Or is it up to the designer to do the right thing and do as the contest holder specifics were?

As a buyer, and my own personal preference, I don't mind that there is another design that is so closely matched to my site. But...........if I were to hold a contest, and pay out a large sum of money for a unique design, I sure as hell wouldn't want the designs that didn't win selling for thousands of dollars less that what I paid for mine. And I really wouldn't like it if I specifically said this design is not to be sold before or after this contest is over.
To solve that problem? As a buyer, I now know that if I ever want to drop $500 or $5,000 for a unique design, I will never ever hold a contest to get it done.

So this to me is the dirty little secret I speak of. I would think this would be a bigger problem that what is seems to be. Is it the "won't they don't know won't hurt them" type of attitude? The "don't ask don't tell" attitude? Or the "I don't care, it's about me" type attitude?

Or am I just making a big deal about nothing? Is this common practice on the internet since I am still new to this game? I really would like to know what the community thinks about what I just asked, if it makes sense to you, or not a big deal, or whatever you have on your mind. But keep it civil please

Agree with you 100%.

But... You shouldn't point these people out, Thats how things get started. oh and not to mention the reason your forum skin is close to one of velizio is that both skins was entered into a contest at sitepoint.

Originally Posted by Cory oh and not to mention the reason your forum skin is close to one of velizio is that both skins was entered into a contest at sitepoint.

As I stated already in my post

Originally Posted by Cory But... You shouldn't point these people out, Thats how things get started.

I am not trying to start anything, I already said I understand where the designer point of view is

Originally Posted by Garrett Agree with you 100%.

Motion seconded.

Originally Posted by moreilly I am not trying to start anything, I already said I understand where the designer point of view is

Im just stating facts.

In my opinion, it's rare to see numerous entries in a sitepoint contest that look similar. Usually there is a mix of different styles and talent shown within, I don't see many entries that look the same unless they use a contest holder specified logo. I don't think there is much to worry about unless the contest holder sets out very specific set of rules which require each entry to look almost identical. But like I said before, I don't see many of those.

Originally Posted by MattL In my opinion, it's rare to see numerous entries in a sitepoint contest that look similar. Usually there is a mix of different styles and talent shown within, I don't see many entries that look the same unless they use a contest holder specified logo. I don't think there is much to worry about unless the contest holder sets out very specific set of rules which require each entry to look almost identical. But like I said before, I don't see many of those.

You honestly don't see any resemblence in the precharge designs at all?

All right I am going to make this clear once and for all. If i am not mistaking, there was not a statement saying that we are not permitted to sell our work after the contest is over and the winner is selected. Now you’re trying to say that all the designs created for the contest are the same. If they are all the same, won’t you think that will make the contest pointless? The designs created for the contest share the same colors, structure, and the logo because it was requested.

I think you’re a little lost in the term unique because when a design is being sold as unique it means that it has never been sold or owned by anyone except the designer himself. Now you’re telling me that if I take my time and invest into this contest then i should not sell that work after the contest is over? This simply puts you out of business and the work you've done to trash. Just to fill you in, nobody is going to do that.

When purchasing work from someone, it’s your responsibility to see if this rather was a contest entry or work created for someone else. If you looked over that fact and you ignored, well then your sh*t out of luck. If you did not know that this was a contest entry and your bashed by that, yet again you’re sh*t out of luck because it’s your responsibility to know what your purchasing.

Let me ask you a question, do you go on eBay and buy the first thing you see that looks good? No, you research the background of the seller and make sure that he is legit and this merchandise is stable. This market is not different from any other market out there. You have to make smart decisions and if you made a wrong one, don’t go to the public showing you’re wrong. This only makes you look bad and create tension between the members at this community. You made a mistake, learned your lesson and now is the time to move on.

Originally Posted by moreilly You honestly don't see any resemblence in the precharge designs at all?

Pretty sure he's just saying that in almost all sitepoint contests the entries dont resemble each other that much.

Obviously the precharge ones look alike, but hes just saying that its very rare that contests result in so many similar designs.