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DMCA Notifications Issued

Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
06-02-2006 11:40
A DMCA notice has been issued to Linden Labs in regards to the contested "Neualtenburg" name by myself earlier today to address a violation of my copyright as stated on the official Neualtenburg website. The copyright can be read here. Below is the DMCA notification in its entirety.

From: someone
Digital Millennium Copyright Act Notification

Claimant: Ulrika Zugzwang
Subject: Unauthorized usage of "Neualtenburg" by [omitted]
Date: 2 June 2006


1. Identification of Copyrighted Work

The private simulator named "Neualtenburg" in Second Life infringes on my copyright.

I am the original creator of the names "Neualtenburg" and "Neualtenburg Projekt" (NAMES), having maintained the NAMES, project logo, website, and its written content under copyright at http://www.neualtenburg.org under the Creative Commons Attribution-NonCommercial-NoDerivs 2.0 (by-nc-nd) license.

http://creativecommons.org/licenses/by-nc-nd/2.0/

The owner ([omitted]) of the private sim called "Neualtenburg" is in violation of this license as they have failed to attribute, are using the name for commercial purposes, and are altering, transforming, and building upon this work without my consent. Permission is not granted for the usage of the NAMES for a Second Life simulator.

The Second Life forum called the "Neualtenburg Projekt" currently is NOT in violation of the copyright, as permission for the usage of the name has been granted to Kendra Bancroft, the forum moderator.


2. List of Litigious Material

The litigious material which falls under the purview of Linden Laboratories is the private simulator with the copyrighted name of "Neualtenburg". I request that this name be changed, as its use is a violation of my copyright.


3. Location of the Author Copyright Notice

Information on my copyright can be found at:

http://www.neualtenburg.org/copyright

Archived versions of the website with the copyright displayed both visibly and in HTML comments can be found in web caches. This website has been in operation since 1 April 2005, the NAMES were posted by me in the Second Life forum on 17 Sept 2004 (/103/7f/22925/1.html), and there exists evidence of the name's creation in my files dating back to 22 August 2004. All dates preceded the naming of the private Second Life simulator called "Neualtenburg".

Note that this information is optional as all works of the mind are by default protected by the Copyright Berne Convention.


4. Contact Information

I prefer to be contacted by email at:

[email]Ulrika.Zugzwang@gmail.com[/email]

I can also be contacted by mail at:

[omitted]


5. Statement

I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

[signature]

Ulrika Zugzwang
I formally request that the group calling itself "Neualtenburg" cease and desist with its usage immediately, including its use as a simulator name, its use in SL groups, its use in domain names, and so on. I have revoked your rights for its usage effective immediately.

~Ulrika~
_____________________
Chik-chik-chika-ahh
Myrrh Massiel
Registered User
Join date: 7 Oct 2005
Posts: 362
A bit of advice...
06-02-2006 14:14
Ulrika, if you're going to play at real-world posturing, at least take the time to learn what the words mean. Research copyright, trademark, and the DCMA, learn what they are, where they do and don't apply, and how they interrelate.

Otherwise you're just weakening the legitimacy of your efforts by establishing a pattern of frivolous and inapplicable claims. Waste enough people's time and eventually nobody of any consequence will take you seriously...
Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
06-02-2006 14:27
From: Myrrh Massiel
Ulrika, if you're going to play at real-world posturing, at least take the time to learn what the words mean. Research copyright, trademark, and the DCMA, learn what they are, where they do and don't apply, and how they interrelate.
I've been assured that my claim is valid under DMCA Title V: Vessel Hull Design Protection Act. :D

Seriously, your advice (albeit being in a tone I don't particularly care for) is appreciated and there are several people that are helping me by email right now. I've never had anyone attempt to steal my work, so this is a new process for me. Personally, I think we're all just hoping they'll rename the sim and get on with their lives.

~Ulrika~
_____________________
Chik-chik-chika-ahh