In-World IP Violation

More odd than principled

Please, enlighten us. I have been reading these threads/posts and find the whole thing quite interesting. Share with we onlookers exaclty what happened from your point of view.

There has been a lot happening in the threads related to this topic. As a service for concerned citizens, I thought I would summarize the information so far in a single post.

Proof of Piracy

The picture below is the original structure. Note how smooth the alpha layer blends on the window curtains and especially the white vertical bar in the center of the window. (Window texture originally provided by Kendra.)



This picture below is of the unauthorized reproduction. Note how jagged the curtains are and the lack of transparency on the white vertical bar in the center of the window. This is indicative of the screen-capture method of stealing textures.




Unauthorized Reproductions

Below are images of the unauthorized reproductions on city land taken before their deletion, followed by two pictures of unauthorized reproductions that were distributed to citizens (one full copy, mod, sell). The last two screeshots also clearly identify who created the structures.






Responses

There has been no official response from the SC to my emails or posts, despite providing clear evidence that several government officials engaged in and approved the unauthorized reproduction and distribution of my structures. However, several individuals have come forward to discuss and even admit their role.

The accused provided no technical explanation of how the unauthorized reproductions were created and instead chose to engage in character assassination to discredit my claims in the SL forum.

Sudane admitted that she knew that the buildings were unauthorized reproductions, oversaw their placement on city land to increase land-sale revenue, and defended the act of creating and using them.
Below is a post from a member of the RA that corroborates that the land, on which the unauthorized reproductions were placed, was to be sold:
Resolution

So far, both Kevn and Moon, the unaware owners whose homes were shown above, have agreed on their own to remove the unauthorized reproductions. I will provide them with modifiable structures later in the day as thanks for purging the unauthorized reproductions from their inventory. Sudane has removed the structures on the platz. I have removed the remaining structures owned by me from the city.

There still has been no official response from either the government (both RA and SC) who fail to respond to both forum posts and emails. Given that dispute resolution and IP protection is one of the fundamental reasons this government exists, its absence throughout this crisis is evidence in my eyes of this project's complete and total failure to put forward a credible government.

~Ulrika~

Since I have returned, one of my fundamental goals was to discuss IP issues seriously in the N'burg courts. Although I'm no longer a citizen, as a founder of this project, I am interested in improving and instilling legitimacy in the government. You can see one of my many (unanswered) suggestion that we do so in this post from this thread. To my dismay the government will not return my emails.

~Ulrika~

Crisis?

I mean "crisis"?????

So if this is was crisis, what would be a disaster?

Ulrika,

In my private-sector role as Burgermeister of Altenburg and also as the head of Neualtenburg's Chamber of Commerce I'm wondering if there is not some agreement we could come to for your Fachwerk Design to become a liscensed form of architecture to be distributed by the Chamber of Commerce upon purchase of retail land in the City proper.

While I could generate another model, the CoC recognizes the "historical" value of the original structures.

What I propose is recognition of your structures as historical landmarks (bearing a plaque which states such) and retains your creator status, in exchange for the right for the CoC to distribute your buildings as no mod/no copy/ no resale buildings.

You would have the responsability to afix the plaque to the structure, The CoC would have the responsabilty of distribution to Neualtenburg (Interior Walls) citizens.

It is my hope that if the Government won't entreat with you, perhaps the "Altenburg Gruppe" whose charter states it is for landmark preservation in Neualtenburg can.

That is an absolutely brilliant idea and those terms are acceptable to me. In fact, I would be willing to sell no copy, mod, no sale structures with unlimited returns to allow individuals to change the textures on the interior (or exterior) walls. Thank you so much for treating me like a human.

However, before I agree to this, the individuals responsible for creating and distributing the unauthorized reproductions must be brought to justice by the city's government. I'd also like a guarantee that all unauthorized reproductions (textures and objects in world and out of word) will be deleted.

~Ulrika~

If it becomes a agreeable then, The "Altenburg Gruppe" would allow for you to set up a vendor in one of it's shops for the standard 10% commission of sales.

I'd have done it for free, but as you wish to sell them, I see no reason to quash my regular standards for consignment items in my shops

No problem.

~Ulrika~

Have some patience; it's Friday, people are going away for the weekend, or catching up on work, etc. It does nobody any good for the SC to act in haste. I'm sure the nburg government has heard you and is figuring out what to do... there are disparate opinions among people who live in different time zones, and who after all are doing all this in their spare time.

Agreed. I took my big giggly baby to the park and I feel much better now. I'll be patient.

~Ulrika~

Also, the Government doesn't work at the speed and whim of an individual; everyone in Neualtenburg's government has families and a workplace to attend. Things are being dealt with, one at a time. FYI, Ulrika's request for intervention of the SC (and Government) in this matter has been formally acknowledged (and definitely not through these forums, who hardly are the appropriate place for that). The matter is under investigation, and some reports have already been presented for evaluation, although a date for a hearing has not been set yet. Also, a few measures have been taken, by deleting some structures where there was no uncontested legal document regarding the City's full entitlement to the intellectual property of the content. For that, the Government has to apologise for those who are now found "homeless" and seek to compensate them with similar free structures.

Somehow, earlier officials of the Government failed to secure those rights in the name of the City, but let them remain with individuals instead, with ambiguous comments on the fair use of them. Browsing through over 6,000 posts (in this group and others) just to get the relevant information has been a major task for some of the Neualtenburgers. To make things worse, the older posts (made well over a year ago) seem to elude the forum's search engine and we might require Linden intervention to search them (if that's at all possible).

All in all, contrary to what some people think, this is not a simple case.

Kendra, as a personal comment and a side note, thanks for your offer to hold a "historic preservation" of the old structures at Altenburg.

I offer my services to any citizens who have become "homeless" in this interim.
Feel free to contact me by Instant Message as it goes directly to my e-mail even when I'm not in world.

Okay, I know I said I wouldn't comment, but it's so hard to remain silent as my name is dragged through the mud over and over again by Ulrika Zugzwang.

This statement above is a big f*cking joke.

To all those observing who don't know the history, Ulrika was asked time and time again to provide the Fachwerks to the city by various people over a long period of time.

See, the problem is, getting a Fachwerk house was supposed to be part of the deal of buying a city lot, but even though she was petitioned by new residents (like myself at one point when I bought my *first* store in Neualtenburg) to provide them with a simple mod version of the Fachwerk, she always either refused or remained silent on the matter. She was offered money for them, fairly large sums of money relative to todays house prices, just so people could change the wallpaper on the walls of their own house, yet she refused.

During the very short time they were actually for sale in Neualtenburg, she created a different (but strangely familiar) huge sh*tstorm in regards one of the only people who ever actually bought one of her Fachwerks.

She claimed this person was "unfairly using her IP," (sound familiar?) because it was being used outside the city grounds and multiple copies were being used even though there was no prior agreement in place and even though the house was sold with copy permissions. She accused this person of everything in the book, of treason, thievery and of a plot to "steal her work" (sound familiar again?) Then in a jealous rage, she removed all Fachwerks from sale and would not let anyone use one or modify the ones in existence. She then sat on her hands for months and months refusing to even talk about the issue. This is the preamble and partially the cause of the current "crisis."

To make it sound now like "all we had to do was ask for one" or "all we had to do was treat her like a human being" is the biggest bloody joke I have heard all day.

Ulrika, if you really believe this then I honestly fear for your state of mind. You really are living in a fantasy world, much more-so than the rest of us. Do you simply not remember your previous behaviour? Do you think we all forgot about it?

For my part I am sick of your vicious silly attacks, your childish behaviour and your libelous hateful remarks. You twist mine and everyone else's words and actions to fit your fantastic paranoid conspiracies, and while I feel sorry for you if you actually believe this crap, if I lived in the same town or even the same country as you *my* lawyer would already be at your door with a cease and desist order.

While I may not favor the nature of the language used here, the facts I can entirely confirm. This is exactly what happened. The events mentioned occured during June and July of 2005.

Sudane

I'll add a third confirming voice, at least as to the basic fact regarding the sale of the fachwerks; further details I know not first-hand.

Let's just chill and let the wheels of gov't/SC sort it out...This forum vitriol doesn't serve the city, turns potential citizens off, and generally irritates parties into hardening their stances when a negotiated settlement is in everyone's best interest.

Let's just turn the other cheek and chill until the matter is officially settled. Please realize there are at least 2 potential citizens that will now never visit the city as a result of these forum threads...

Save it for the SC (outside of the forums)...I'm not trying to squelch free speech, but ask yourself when you post.

1) Does it help your own case/cause?
2) Does it help NB?

I did sell my structures. Being one of the city's most prolific artisans (second only to Kendra), I have sold homes, chicken hats, beer steins, bubble pipes, and all the other N'burg swag we've come to know and love. What I don't understand is how some are making the leap from "an artisan agrees to sell their wares in the city" to "the city owns those wares and has the right to make unauthorized reproductions of them".

I have an overwhelming amount of clear-cut evidence and in-forum confessions confirming that at least two individuals engaged in the unauthorized reproduction and distribution of intellectual property. If it weren't wrong, they would have asked me for permission.

~Ulrika~

Why the need to excaserbate the problem, when I've managed to come up with an equitable solution to the problem?

Are we interested in who is "right" here? Or are we interested in a cooperative effort to rectify the problem?

I treated Ulrika as an adult, and she responded as one. See how that works?

All I have to say about this is....freaking pathetic! The whole thread so some one stole something from you in SL? What did you think was going to happen when you build something that people want and you won't give it to them? Come On! and shame on the people who stole from you! What the hell is wrong with these people? THis is retarded!

Gwyn, I would like to make a suggestion that could save you a lot of time. It should not be your responsibility to comb through the forums looking for evidence to exonerate members of your government, as it is an excessive burden and a conflict of interest. Instead the burden of research belongs to the plaintiff and defendants, with you providing impartial and objective oversight during the hearing.

In addition to reducing your workload, it will contribute to the validity of the hearing, preventing a repeat of the prior trial, where you served simultaneously as prosecutor, judge, and jury against a foreign defendant.

~Ulrika~

Eh-eh-eh..... NOT trial. You don't get a trial, short of a constitutional amendment, 'rika. I like the way that you keep on slipping these memes in with your postings though. It both presents a united front and subliminally tries to get the idea across that you were mistreated.

Dianne, from what you wrote, I don't see that Ulrika had a responsibility to either sell her houses or give them away.... or even put them on display. Did she somewhere make the promise to personally create/provide housing to new N'burg members? Did she suggest that it was her responsibility? If it was a city responsibility, doesn't that mean that there were alternate solutions, like "hire a talented creator from outside" or "sponsor an architecture contest themed around traditional Bavarian influences"? Unless she specifically took on the obligation of giving away or selling her handiwork, I don't see how others automatically have a right to her work. No matter how many times they asked. No matter how long Ulrika waffled on the subject.

You'll be interested in this. I was sent a PM by a concerned party that reminded me that the Universal Declaration of Human Rights extends due process to all people regardless of citizenship. In fact, protecting due process is one of its largest and most important sections. Here are the relevant articles:
Articles 6, 7, 8, 9, 10, and 11 specifically state that everyone everywhere has a right to a public trial. Even if folks internal to the city try to interpret "everyone everywhere" as "citizens only", I'll be able to contact external sources in academia to corroborate that the UDHR's intent is to extend due process to everyone. With the extension of these rights to foreigners, I will then seek the annulment and a retrial.

I learned of this a couple of days ago but became sidetracked by the more serious issues of state-sanctioned unauthorized reproduction and distribution of intellectual property.

~Ulrika~

I agree with your initial statements and think you're asking all the right questions.

~Ulrika~

When a country's founding documents say everyone, or all, it means everyone or all who fall under its jurisdiction.