The Truth About Creative Commons & Independent Design

When I found the original model, I really liked it. I even boosted it. But it was too small. According to the creator’s Creative Commons Attribution-NonCommercial-NoDerivatives (CC BY-NC-ND) license, I wasn’t allowed to modify their file, and I respected that license. Instead of making direct changes, I went into CAD and designed my own version from scratch—exactly the right way to do it.

It started with a number of people coming onto my YouTube channel and accusing me of modifying the original design and calling it my own , despite the fact that I show, on video, that I created an independent version in CAD . In the spirit of education, I tried to explain the difference between a derivative work and an original creation . Unfortunately, some people refused to accept the truth—that an independently created model, built from the ground up in CAD, is not a violation of Creative Commons, no matter how similar it may look . Ultimately, I had to mute those individuals because they were unwilling to engage in a discussion based on facts.

I wouldn’t normally spend time disputing something like this—but false assumptions, when repeated enough, create a false consensus. Just because a group of people believes something is true doesn’t make it factual. Sometimes, it takes someone like me to prove, beyond a doubt, what’s real and what isn’t.

What Creative Commons Actually Protects

Creative Commons is a great system—it ensures that your model can’t be taken, modified, or used beyond the limitations you set . But what it doesn’t do is prevent someone from creating an original design inspired by another idea .

When I designed the Bigger Better Scoop , I never used the original file, never took measurements, and didn’t copy its geometry . The final product resembles the original—just like any chair will resemble another chair —but Creative Commons protects the original file, not the idea of the file . Resemblance alone is not a Creative Commons violation.

If Creative Commons protected ideas, then no one could ever design another chair, another screwdriver, or another coffee mug—because the basic concept of those things already exists. But that’s not how it works. Creative Commons only applies to the specific execution of a design—the original digital file and direct modifications of that file—not to new designs that were independently created.

What Happened on MakerWorld

When I uploaded my model, some people who don’t understand how Creative Commons works reported it. MakerWorld’s automated system flagged it for removal. I have since filed an appeal, providing CAD screenshots as proof that my model was created independently.

Now, I’m waiting for MakerWorld to do the right thing and restore my model . If they properly review the evidence , it should be clear that no violation occurred—because none ever had .

A Lesson for the Community

Just because you believe something violates Creative Commons doesn’t mean it does. No amount of outrage or noise online changes the fact that creators have the right to create. We’re allowed to be inspired by others—just as I hope people take inspiration from my work to build something new.

That’s the spirit of an open-source creative communityinnovation, not restriction. Unfortunately, a small group of people seem more interested in stifling creativity than fostering it. But I’m not the type to let misinformation go unchallenged, so I took the time to prove the truth.

I hope this serves as a valuable lesson : Taking inspiration from an idea and creating something unique of your own is not a violation of Creative Commons—it’s how progress is made.


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You are making the unwarranted assumption that Makerworld is basing it’s moderation decisions on legal principles, evidence suggests that they are simply using “looks like” as the criteria. This is their right, but I certainly support your trying to challenge them on it.

Like your channel!

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Thank you I appreciate that

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Kudos for a great article and contributing to the community.

Not to take this body of knowledge out of context but I believe this statement below highlights the problem at large. I don’t think this is much a measure of stifling creativity, this is an ethos that certain people have of being Hall-Monitors or simply destructive forces in our society. They are not interested in building bridges, they want to build walls and always point out why something can’t or shouldn’t be done rather than finding a way to get it done.

I’m reminded of that great scene in Apollo 13, where the Grumman and Rockwell engineers are thrown into a conference room with a bag of miscellaneous parts. A NASA engineer holds up a square oxygen scrubber from the lunar module and a round oxygen scrubber from the command module and says, “We need to figure out how to fit this (square) into that (round) using only this (the bag of parts) in four hours, or the astronauts are going to die.”

And guess what? They solved the problem, and the astronauts made it home.

Generations before us focused on problem-solving with purpose, tackling challenges head-on with whatever tools they had. If this had happened in today’s tear-it-down world, NASA would have been stuck debating whether their committee was inclusive enough while the Apollo 13 astronauts suffocated from CO₂ poisoning.

I’m afraid that this is the world we live in and regrettably, as well-constructed your article illustrates the important points, the TL;DR culture probably didn’t read past the first couple of sentences. Sighhh… we live in a society of Philistines I’m afraid. :angry:

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Appreciate the response, I agree that most of what I’ve posted here will likely fall on deaf ears, but I’m glad it resonated with at least a few people

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Very interesting topic. I do have a few questions though I did download this file and have not printed it yet.

  1. When a design is yours is it with the planning and research and the hours of getting the model wrong and all the failed prints and realising what works and what doesn’t. And the things you find out along that journey that make it better. or is it seeing something and then recreating it and changing nothing other than the size and a bevel here and there might even be a slight tilt as well?. I do hope it’s with the first bit of the question. I think that’s the best bit.

  2. you say that “ I show, on video, that I created an independent version in CAD” could someone send me the link to that please i can only see the youtube video of the file already made and being spun around. Is that video enough to show that he made an independent version?

  3. Moving on to the chair point Correct me again if i am wrong but if that chair was a chippendale are you saying i could copy that and sell it and all so the coffee mug point i worked for royal doulton for 10 years and they all ways went after people that stole there designs i think you are getting confused a cup is a cup yes but the design on that cup even the shape of a mug if it was unique could be protected and you could get taken to court if that mug cup chair was the same or similar to the design but feel free to come up with your own design you can still call it a cup

  4. This is my next one you say
    “I hope this serves as a valuable lesson : Taking inspiration from an idea and creating something unique of your own is not a violation of Creative Commons—it’s how progress is made.”
    Where did you create something unique?.

There are 3 files in this discussion the first is the original the second is a bigger one that was made by a third party and was then added to the original uploaders comments where he was asked to upload that profile which he did along with the original profile the third is TenMiles one the middle sized one

If I was to print all three of these out and show 1000 people they would all think that they were created by the same person and i could go out now and get 100 cheairs and show them to 1000 people and they would all say that they were made by different people yes they are all chairs its the design of the chair that makes them different . And the person who actually made the bigger scoop did things the right way that person never said that it was better he never sold the file on etsy so people could then buy it off him he never claims that it was his design

you even kept the name the same and just added XL at the end and i might be wrong here but i think in your pics you even have the original scoop by the side of yours with the words “bigger better scoop” over it implying that yours is better and we don’t even need to compare them or did you cover it to hide the fact that the design is the same. In your video description there is not even a link to the original uploaders page. I would love to know how people think that this is adding to the community.
and not just stifling it with the same stuff that’s not innovation and its not creativity now if what he would of done was take the idea and may be added some holes to get rid of the dust from the pet food even added a little point to the front of it to make it easter to dig into the food that is how innovation works and that’s how he could of added to the design and called it is own that would of even made a good youtube video instead of the one that is up now that is just a commercial
All so the boost system is there to promote original thinking and design the most that i can see that TenMile did here was look for something that was doing well and then use that design for boosts and money if he would of even looked at the comments the second post down is where the bigger scoop is so there was never any need for him to try and reinvent the wheel and still come up with a different sized wheel so TenMile do the right thing and go and download that one because we all know that bigger is better

Got to go now i am in the middle of redesigning the £10 note i made it 1mm bigger all the way around i am going to be rich at last

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i also love that movie and what they did with them parts was amazing but what they came up with did not resemble the bag of parts that they started with they came up with a completely new thing

I am not sure if you have seen all the designs in question but they all are the same it does not matter if he made is own in fusion it is the same thing please look into this if i went to the louvre and the traced the mona lisa that is still a copy i would not of changed it enough to distinguish it from the original if every one just copied every one then the world would be very boring and the astronauts would of never got back we would of never of got out of the stone age because everyone would have just been copying the stick and coming up with the stick. It also is not about being a hall monitor, it’s about promoting designers that improve the original and make that design better just like they did in Apollo 13. TenMiles’ design did nothing to do this. I am new to 3d printing and modelling but I love looking at things and thinking, could I make that better? Could I make it my own? These are questions that Tenmile did not do.
I worked in the poetry industry for 10 years in that industry a designer came up with a design then that design would get passed to as many as 10 people even more for some things they all made that thing and they all looked the same even though they were made by different people but they never claimed it as their own if TenMile was one of them people he would be saying look i made it so it is mine and i can get all the glory for making it instead the credit was given to the designer even by the company
I just don’t want sites like makerworld, cults, thingiverse to get full of the same old stuff in the name of look " i made it bigger so it is different" this is not the case and it should not be promoted.

I’m just asking what tenmile did to make this his is making it bigger enough and by the way it is not the biggest tenmiles is the middle one and just because someone can go into fusion 360 and make something bigger does that make it theirs i would say that that model is there’s but the design would always be the original designers what tenmile is doing is say that he has redesigned it and made it better so it is his to do what he wants with like make it free on makerworld when it was all ready free and sell the file on etsy so people have the right to sell their prints all this takes from the original designer does not prompt creativity and misleads people to think that his is the biggest and he put all this hard work into it and so deserves your boost to promote him and encourage him to come up with more things i just hope he never takes anyone else’s hard work and makes it bigger
Any way thank you for letting me have my say and you have made me want to go watch Apollo 13 now.

Happy printing

Ich sehe die Sache mit Designs etwas komplexer. Man muss unterscheiden ob es ein funktionales Design ist das nur einfache geometrien hat. oder ob in dem Objekt noch Designbestandteile sind die nichts mit der Funktion zu tun haben.

Wenn man ein Funktionsteil hat bei dem komplexe Geometrien notwendig sind ist das meiner Ansicht nach schon eher was für Patente.

Also wenn es sich bei den Deisgns um mehr als nur einfache Geometrien würde ich mich aufregen, ansonsten wäre es nicht der Rede Wert. Weil jeder der so einentsprechendes Teil erstellt ohne Kenntnisse über ein bestehendes Modell zu haben etwas produzieren wird das ähnlich wenn nicht sogar gleich aussieht.

Gruss der Garfield

I take a more complex view of designs. You have to differentiate whether it is a functional design that only has simple geometries or whether there are design components in the object that have nothing to do with the function.

If you have a functional part that requires complex geometries, I think it’s more likely to be something for patents.

So if the designs were more than just simple geometries I would be upset, otherwise it wouldn’t be worth mentioning. Because anyone who creates a part like that without knowledge of an existing model will produce something that looks similar if not the same.

Greetings from Garfield
Translated with DeepL

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I’ll address each of your points individually, as there’s a lot to discuss.

With over 40 years in tech, I’ve had my share of debates with intellectual property attorneys. While I hold only two patents, the process was eye-opening, and I’ve learned nuances most laypeople might not consider.


1. Originality and Prior Art

The argument about TenMiles’ design being a copy ignores the legal concept of prior art. A design must be both novel and non-obvious to qualify as original under Western intellectual property laws. A scoop, being a simple and widely used tool, hardly meets that standard. Claiming ownership over a fundamental concept without substantial innovation is legally and practically untenable. It should also be noted that TenMiles has been 100% transparent as to the origin of the model and does not try to obfuscate his content in any way. That goes to motive and intent which is why I would take his side. Note: His channel never appeared in my YouTube feed before, so this is the first time I have encountered his content. My reaction is based on a first impression in this thread.


2. Copying vs. Innovation

Saying that copying stifles innovation assumes the original design was innovative to begin with. But as noted in point #1, a scoop isn’t groundbreaking. If the original design represents true innovation, there should be clear, demonstrable evidence. Otherwise, the argument collapses under scrutiny.


3. Promoting Designers Who Improve on Originals

This only makes sense if there’s meaningful improvement to be made. In this case, what exactly is the innovation? TenMiles pointed out flaws in the original model and addressed them. That’s an improvement by definition.


4. Original Designers and Credit

In many industries, credit goes to the original creator, even when their work is reproduced. But again, what qualifies as an original in this case? A scoop?


5. Defining “New” vs. “Original”

Saying sites like MakerWorld, Cults, and Thingiverse are cluttered with minor modifications raises the question: Who defines what is “new” versus just a tweak? That line is subjective, and different people will see it differently.


6. Nature of TenMiles’ Modifications

Scaling a model up doesn’t make it a new design, but TenMiles didn’t just resize it—he addressed issues he found in the original. If correcting flaws isn’t an improvement, then what qualifies?


7. Free vs. Paid Distribution

Selling modified versions while offering the file for free is standard practice. Many designers provide STL files for free while selling printed versions for convenience. This is a common and legitimate business model, not deception.

TenMile Creations has been fully transparent, crosslinking his Etsy ad with his YouTube video, which directs users to the free MakerWorld model. His $5 Etsy listing feels more like a donation request, especially since users can easily find the free model with just two clicks. So where’s the controversy?


8. Encouraging Creativity

Creativity is subjective. There’s no universal standard to measure whether small modifications help or hinder innovation. More concerning is the amount of untested or poorly designed models floating around—many look good in CAD renders but fail in practice. The real threat to creativity isn’t iteration—it’s poorly designed models that don’t function as intended.

_______________________________________________________

Final argument.

If TenMile’s creating constituted “Copy Cat” then what about the originator that he gave credit too? Their model was clearly copied from a design that is readily available in any pet store or online. Should their model therefore be removed because it copied a molded product that was almost identical? You can see that the line here is very subjective and hard to define.

Click for links to example commercial food scoops on Amazon


Amazon.com: Quart Feed and Pet Food Scoop for Farm Animals and Pets - Stackable - Durable (Red 2 Pack) : Pet Supplies


The Elephant in the room. MakerWorld profiteering from makers.


Where I might see a very small argument against TenMile’s post is maybe in the choice of license that the file was uploaded. But given the altruist nature of the original post on YouTube, I would have initially interpreted his “intent” as more of a “You can share this but don’t profiteer from something that’s free”. MakerWorld doesn’t offer an exact free equivalent of the Printables.com license(see below).

Herein lies the problem with MakerWorld: they don’t offer an equivalent to Printables.com’s “Non-Commercial - Remix & Commercial Use Allowed” license unless you join their paid Commercial License Membership program. So, who’s really profiting from someone else’s effort? If anyone is profiteering from makers, it’s Bambu Lab.

My interpretation is that TenMile, on the other hand, is giving away his model as long as no one profits from selling the file itself. I’ll let him correct me if I’m mistaken or if there is clarification needed.

________________________________________________________

Click here for Source files noted above

For ease of navigation and since I can be considered someone who has no stake in this case, I am including both MakerWorld links to allow the community to see the models in question and make their own judgement as to whether either of these models constituted “true original” designs.

Original Design from SaberDesign
Scoop no support by SabreDesign - MakerWorld

TenMile’s version.
Scoop No Supports XL by TenMileCreations - MakerWorld

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I’m happy to report that my file has been restored by MakerWorld. I submitted my dispute along with screenshots of my CAD design, and after review, it was rightfully reinstated.

For those unfamiliar with how Creative Commons works, I want to clarify some key points since there has been a lot of misunderstanding.

Creative Commons protects the original file, not the idea behind a design. While I personally find it ethically wrongto copy someone’s model millimeter for millimeter, the reality is that Creative Commons does not prevent an exact recreation—as long as the original file itself is not used in the process. The license applies to modifications of the original file, but it does not prohibit someone from looking at an object and designing something similar from scratch.

Though my design came under scrutiny, it falls completely within the rules of Creative Commons. The larger model included in the print profile, however, is a direct violation, as it is a modification of an existing file and should technically be removed. Yet, because it was uploaded as a print profile rather than a separate file, it has been overlooked—even though a modified file is still a modified file and falls under the same licensing restrictions.

On the other hand, my design was created independently, without using any geometry from the smaller scoop. I didn’t just scale up an existing file—I redesigned it from the ground up to address an issue I found with its size. If the creator of the smaller design had allowed remixes, I would have taken their original file, modified it, and uploaded my version as a remix while crediting them as the original creator—which is exactly how Creative Commons remix permissions are supposed to work. But since remixes were restricted, I followed the proper approach and designed my own from scratch.

I completely understand why some creators don’t allow remixes—when you spend hours refining and test-printing a model, you don’t want someone making a lazy remix that doesn’t work well and then having people blame you for a bad print. I respect that.

What I find odd, however, is how much emphasis was placed on how much effort went into refining the smaller scoop, as if I didn’t go through the exact same process. My model didn’t just appear overnight—I started with a blank CAD file, built it up from scratch, and iterated through multiple versions. The file I uploaded is actually Version 9, and I only considered it final after several test prints and refinements to make sure it worked correctly.

Despite this, my design was wrongly flagged, while a clear violation of Creative Commons remains on the site due to a technical loophole. This just shows how many people misunderstand Creative Commons and how it actually applies. In the end, though, MakerWorld reviewed my case properly, and justice was served.

If there’s a takeaway from this, it’s that Creative Commons protects files, not ideas—and creating something from scratch, even if it looks similar, is not a violation.

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Benchy is now public domain!

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There is ample prior case-law which supports this. You can protect an original idea but not so much recreating an already known object. For those who have stated prior in this thread that we risk stifling creativity if we don’t allow protection, consider the software patent controversy that the European’s waged against the US software companies. On one hand the argument has been made that it stifles innovation for which there is evidence, on the other hand it also is needed to support new ideas and research. In like manner, isn’t that what we are facing here? The issue is far from settled.

I recall that in the 1980s, IBM attempted to sue Compaq and others for copyright infringement of their BIOS. These companies argued that by reverse engineering the BIOS functions, they employed a clean-room design: one team analyzed the BIOS and created a specification, which another team used to develop the product without access to IBM’s original code. While IBM initially won some cases, by the end of the 1980s, other companies, including Sony and Apple, faced similar litigation challenges. Case law eventually evolved, as seen in Sony Computer Entertainment, Inc. v. Connectix Corp., to support such reverse engineering practices.

The point here is that while you can claim an original idea, you can’t patent the laws of physics or copyright the alphabet—as Intel learned the hard way when they tried to sue AMD over the use of the processor names 386 and 486. The courts ruled that numbers alone couldn’t be trademarked, just as you can’t trademark the alphabet. This led to the birth of the first Pentium chip.

When I heard the news, I asked my contacts at Intel, “WTF??? Where did they get the name ‘Pentium’?” He said the lawyers picked it. The next chip would have been the i586 (with ‘penta’ being Latin for five), but after losing the case, Intel’s lawyers scoured for a name that didn’t exist in any language in the developed world. Soon after, the industry was flooded with made-up product and company names. In 1999, HP’s Test and Measurement division, for example, was rebranded as Agilent Technologies for exactly the same reason although HP claims it was a play on the word ‘Agilent’. Verizon was another example.

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When we take this exact same concept that we applied to this single scoop and extend it site-wide , we see a clear issue: even though the Creative Commons license is applied to many functional parts, it is not actually applicable to any of them. The reason is simple—Creative Commons only protects copyrightable works, and functional objects are not protected by copyright law.

This means that every functional part on the website is not actually protected under Creative Commons, because it is not protected under copyright law in the first place. Only expressive works fall under the scope of copyright and, by extension, Creative Commons licensing.

Now, as was mentioned earlier, how MakerWorld enforces these restrictions is actually outside the scope of copyright law. From what I can tell, their takedown policy seems to be based on whether an item looks substantially similar to another, rather than actual copyright protection. It appears that a design will be removed unless the user can prove that their file was not copied from the original.

But in reality, given the actual application of Creative Commons , they should never take down a functional part simply based on the license—because Creative Commons does not apply to functional objects at all.

It’s interesting because I’ve been having this exact same conversation with a lawyer on a personal level (not professionally, of course), and it has actually expanded my understanding of Creative Commons. So while the outcome remains the same, it’s been great to gain additional insights along the way.

What this does highlight, though, is that **creators are free to be inspired by others’ work and innovate on functional designs without breaking copyright law—**and therefore, without violating Creative Commons. That means people can legally improve upon and add new functionality to existing designs without fear of infringement.

Of course, this could also create a Wild West effect, where designers freely iterate on each other’s work without restriction. More than likely, MakerWorld would step in to prevent that from happening, but from a legalstandpoint, it would still be entirely permissible.

Now, before everyone goes crazy, I want to clarify something important: Even a functional part can have elements that are protected under Creative Commons—if it includes decorative elements. So, no, you can’t just start copying people’s plant pots if they have intricate carvings, patterns, or other artistic designs. While the plant pot itself is a functional object and unprotected, the decorative elements are copyrightable , and those parts can be protected under Creative Commons .

This is actually something that was addressed in Star Athletica v. Varsity Brands, a case that went all the way to the Supreme Court. The ruling determined that while a cheerleader uniform as a piece of clothing is functional and not copyrightable, the decorative designs on it—like stripes and patterns—are. The same logic applies here. A basic plant pot or a functional part can’t be copyrighted, but if you start adding sculptural elements, textures, or other artistic details, then those aspects are protected.

So, moving forward, if people want to create functional parts that actually can be protected on the website, adding decorative elements is a great way to do that. But at the same time, just because a functional part is unique doesn’t mean it’s protected. The function itself still remains unprotected, even if it’s an original design. The only protection comes from decorative elements, and because those aren’t always easily separated from the overall model, that could effectively mean the design as a whole is covered.

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One thing you may want to consider is using a writing style that doesn’t rely on overzealous use of formatting such as bold text, when it’s completely unnecessary. It makes your points, however valid, very difficult to understand because the formatting is SO distracting.

Understandable, thank you.

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You’re absolutely right—reading can be such a chore anyway. Luckily, there are plenty of memes and TikToks for those who prefer their information pre-chewed and easy to swallow. :clown_face:

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You destroyed that strawman! Bravo! :clap:

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Dem kann ich so nur zustimmen, allerdings lassen sich auch nichtkreative Dinge wie funktionale Teile schützen. Aber wie ich oben schon erwähnt ist das eher was für Patent und/oder Markenrecht.

Gruss der Garfield

I can only agree with this, although non-creative things such as functional parts can also be protected. But as I mentioned above, this is more a matter for patent and/or trade mark law.

Greetings from Garfield
Translated with DeepL

Issues like this are getting rediculous. If you don’t want people creating a LIKENESS of something you created then, simply, DO NOT SHARE IT.

Creators around the world are getting SICK and TIRED of other people telling us what we can and cannot make, share and cannot share, print and cannot print.

Makers and creators used to be a group of like minded people wanting to HELP each other improve. Thingiverse gave us that ability with CAD and 3D designs. Now it seems that sites like MakerWorld and Thangs want everyone at each other throats over the SMALLEST and DUMBEST of similarities. It’s utter madness and, at times, chaos. Ruvenbals stupid gear ball that he stole from thingiverse, and tried to shut out other creators "similar’ ideas comes to mind.

@TenMileCreations, I’m sorry you cannot share your SUPERIOR design. I hope MakerWorld changes their mind.

Sorry about the rant, but every day I feel like our world of creativity and freedom is being eroded away by companies like BambuLab and their CLOSED environment, commercial interests and control over OUR DESIGNS.

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I applaud this notion.:clap: I’m old enough to remember the pre-America Online Internet, when this ethos defined online communities. Thingiverse, before Ultimaker acquired MakerBot, embodied that spirit. Prusa’s Printables.com has shown that it’s possible to strike a balance between shareability and a for-profit business model. Let’s be candid—MakerWorld took the worst elements of that concept and built a platform that divides rather than unites. That’s one of the reasons I boycott it.

This has been at the core of my frustration with Bambu’s approach. My early loyalty was based on an undeniably superior product, but over time, that loyalty was hijacked by corporate greed. I never objected to their closed design, but I never expected my ability to use my own property to be at risk. Initially, I wanted the company to succeed—like rooting for a hometown sports team—but not at the expense of user autonomy. Now I’m rooting for their demise and comeuppance.

It’s bad enough when a product I paid for starts herding users into a subscription model(Makerworld), but what’s worse is that the community doesn’t even realize (or care) that they’re the proverbial frog being slowly boiled while Bambu gets away with it. That’s frustrating enough. But when the features I originally paid for are actively threatened or stripped away through enshittification, it feels like outright betrayal. And to top it off, their recent gaslighting and dismissive communication make it clear they’re not even trying to hide it anymore—Bambu’s just flipping us the middle finger and moving forward.

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