why only mi item? is not fair....

Hi, i received this mail:
Dear Xstreet SL Merchant,
>
> We're writing you because your Xstreet SL marketplace listings include
> the following branded item(s), brand name(s), or other item(s)
> containing intellectual property:
>
> AVATAR brand
> No refunds will be issued for any removals.
>
> Please review all of your listings to make sure they are in compliance
> with the Marketplace Listing Guidelines. *Future warnings may result in
> your suspension or termination from Second Life.*

--------------------
AVATAR brand
when i wrote avatar i meant the figure that represents oneself on the game, not the movie
ALL THE PEOPLE IN SL IS A "AVATAR".
it may damage my reputation
its so unfair that you gave me this warning, but the is a lot of items that use the "avatar" or "Na'vi" words, and they mean the avatar of the movie, you shoul give this warning to all, not only to me.

only search Na'vi:
https://www.xstreetsl.com/modules.php?name=Marketplace&SearchKeyword=Na%27vi&searchSubmitImage.x=103&searchSubmitImage.y=12&SearchLocale=0&SearchPriceMin=&SearchPriceMax=&SearchRatingMin=&SearchRatingMax=&sort=&dir=asc

"Avatar"
https://www.xstreetsl.com/modules.php?searchSubmitImage_x=103&searchSubmitImage_y=12&SearchLocale=0&name=Marketplace&SearchKeyword=avatar&searchSubmitImage.x=0&searchSubmitImage.y=0&SearchLocale=0&SearchPriceMin=&SearchPriceMax=&SearchRatingMin=&SearchRatingMax=&sort=&dir=asc

"twilight" is a movie with copyright... why dont uall delete the items?
https://www.xstreetsl.com/modules.php?searchSubmitImage_x=0&searchSubmitImage_y=0&SearchLocale=0&name=Marketplace&SearchKeyword=twilight&searchSubmitImage.x=0&searchSubmitImage.y=0&SearchLocale=0&SearchPriceMin=&SearchPriceMax=&SearchRatingMin=&SearchRatingMax=&sort=&dir=asc

"hello kitty" has copyright, why dont u delete all these tems too?
https://www.xstreetsl.com/modules.php?searchSubmitImage_x=0&searchSubmitImage_y=0&SearchLocale=0&name=Marketplace&SearchKeyword=%22hello+kitty%22&searchSubmitImage.x=0&searchSubmitImage.y=0&SearchLocale=0&SearchPriceMin=&SearchPriceMax=&SearchRatingMin=&SearchRatingMax=&sort=&dir=asc

"the simpsons" has copyright too... why dont u delete all these items?:
https://www.xstreetsl.com/modules.php?searchSubmitImage_x=0&searchSubmitImage_y=0&SearchLocale=0&name=Marketplace&SearchKeyword=%22the+simpsons%22&searchSubmitImage.x=0&searchSubmitImage.y=0&SearchLocale=0&SearchPriceMin=&SearchPriceMax=&SearchRatingMin=&SearchRatingMax=&sort=&dir=asc

why, why only my item? i say very clear is a skin creator for neko, elven, fantasy... i never and never appointed to the skin is the movie
my item poster:
http://img25.yfrog.com/img25/5069/pandorianavatarskincrea.jpg


when i wrote avatar i meant the figure that represents oneself on the game, not the movie
is very annoying and is not fair...
a lot of items infringed the copyright in sl and only deleted my item... MY ITEM IS LEGAL, NO INFRINGED ANY COPYRIGHT, IS A SKIN CREATOR FOR FANTASY OR NEKO.

Paulyta Miles

I don't think James Cameron can make a credible claim to having ownership of the concept of blue humanoids, but that's just my opinion.

Your picture says "Pandorian Avatar", though. The word "Pandorian" might be the problem.

I doubt you are the only person getting similar messages.

When I read of this sort of thng I always suspect that competitors report people. Unlike copyright matters, which are supposed to be reported by the copyright holder or their authorized agent, trademark infringements can be reported by anyone. I have no evidence to support this in this case; I'm just a suspicious soul.

Maybe you could ask them exactly what you need to change to make them consider it ok.

i lot items has the name "pandorian" in the web http://www.google.co.ve/search?hl=es&safe=off&client=firefox-a&rls=org.mozilla:es-ES:official&hs=yE9&q=pandorian&start=0&sa=N
i not understand where is the problem with this item....

Are you trying to understand, or to argue? Arguing here is not going to do you any good at all.

Getting lots of results for Pandora when doing a Google search has no bearing on the topic.

What you need to know is which item bothers LL and what you need to change to make them happy.

The email you pasted doesn't say which item has a problem or exactly what the problem is.

If you want to avoid the penalties you need to figure out what exactly is infringing in LL's eyes - you don't need to agree with it or understand exactly why.

You have a poster that uses Pandorian Avatar in it, and there's a movie out called Avatar, with
a planet called Pandora. That would seem a likely place to start, whether you agree or understand or not.

Try asking them for the exact items with problems. I didn't look at all your items on xstreetsl, there might be others that are problems too.

Ok, I don't care about all the other people that are using infringing keywords, etc.. etc.. he said she said. Don't care.

Now, with that out of the way. Are you for real?!? You're going to claim your skins, and the advertisements are just meaning avatar as in SL avatar and not movie avatar, yet the pic in your image is quite clearly meant to be a skin based on the movie, since you did go to all the trouble to try to make it look like the movie poster. Let's see, shot of right half of face, check. Blue skin with stripes and spots, even down to the green eyes, check. Pandora in the name.. check plus I'm gonna say that was about as dumb as you can get. I'm absolutely flabbergasted that you have the idea that you can actually complain about being "picked on" when you post an offering like that which is so blatant. Yeah, so, they haven't gotten to everybody else yet (not even a sure thing that they will). Still doesn't mean you were right.

I haven't seen the Avatar avatar in question, if that's indeed what it was. But if it was infringing, it's simply ridiculous to say that you're not being fairly treated, just because other people seem to be getting away with similar infringement for the time being. Is the bank robber who gets caught being treated unfairly just because some other bank robber somewhere else managed to escape?

Look, if you don't want your work taken down, don't infringe on other people's intellectual property rights. If you feel your work did not infringe, and you were unfairly accused, file a DMCA counter-notice to have it reinstated.

I hate to sound harsh, but really, read the law and learn how to operate within it, or go home.

why the lindens labs not delete the items "hello kitty in xstreetsl.com? https://www.xstreetsl.com/modules.php?name=Marketplace&SearchKeyword=hello+kitty&searchSubmitImage.x=0&searchSubmitImage.y=0&SearchLocale=0&SearchPriceMin=&SearchPriceMax=&SearchRatingMin=&SearchRatingMax=&sort=&dir=asc

hello kitty has copyright...

or twilight?
https://www.xstreetsl.com/modules.php?searchSubmitImage_x=0&searchSubmitImage_y=0&SearchLocale=0&name=Marketplace&SearchKeyword=twilight&searchSubmitImage.x=0&searchSubmitImage.y=0&SearchLocale=0&SearchPriceMin=&SearchPriceMax=&SearchRatingMin=&SearchRatingMax=&sort=&dir=asc

Na'vi (copyright)
https://www.xstreetsl.com/modules.php?searchSubmitImage_x=0&searchSubmitImage_y=0&SearchLocale=0&name=Marketplace&SearchKeyword=Na%27vi&searchSubmitImage.x=79&searchSubmitImage.y=25&SearchLocale=0&SearchPriceMin=&SearchPriceMax=&SearchRatingMin=&SearchRatingMax=&sort=&dir=asc

jennifer lopez (copyright too)
https://www.xstreetsl.com/modules.php?searchSubmitImage_x=0&searchSubmitImage_y=0&SearchLocale=0&name=Marketplace&SearchKeyword=jennifer+lopez&searchSubmitImage.x=0&searchSubmitImage.y=0&SearchLocale=0&SearchPriceMin=&SearchPriceMax=&SearchRatingMin=&SearchRatingMax=&sort=&dir=asc

final fantasy is a game with copyright... why u dont delete all this items?
https://www.xstreetsl.com/modules.php?searchSubmitImage_x=0&searchSubmitImage_y=0&SearchLocale=0&name=Marketplace&SearchKeyword=final+fantasy&searchSubmitImage.x=0&searchSubmitImage.y=0&SearchLocale=0&SearchPriceMin=&SearchPriceMax=&SearchRatingMin=&SearchRatingMax=&sort=&dir=asc

the sims 2 has copyright:
https://www.xstreetsl.com/modules.php?searchSubmitImage_x=0&searchSubmitImage_y=0&SearchLocale=0&name=Marketplace&SearchKeyword=the+sims+2&searchSubmitImage.x=0&searchSubmitImage.y=0&SearchLocale=0&SearchPriceMin=&SearchPriceMax=&SearchRatingMin=&SearchRatingMax=&sort=&dir=asc

i never used any name from the movie "avatar"... the skins neko has animal prints and its blue, my skin creator is special for neko skins

yea sure... only deleted my item

If Sanrio, the owner of the Hello Kitty property, decides to file DMCA takedown notices with Linden Lab for the infringing content, then Linden Lab will remove the content. If they don't, then it's not up to LL to actively search for each and every item that someone might have an issue with. LL is not the police, or the court, or any other governing body. They are simply a service provider. As such, they act in accordance with what's REQUIRED of them, under applicable law.

As I said earlier, Paulyta, read the law. It's pretty easy to understand.

If you'd like to contact Sanrio, to alert them to this issue, they can be reached at:

Sanrio, Inc.
570 Eccles Avenue
South San Francisco, CA 94080
650-952-2880




Same answer. If Stephen Meyer, or Little, Brown & Company, or Summit Entertainment, or anyone else who has a stake in the Twilight property files a DMCA takedown notice, then LL would be obliged to remove the allegedly infringing content. Until and unless that happens, it's not their job to go actively looking for things to take down.

Contact info for all three parties is on their respective websites, if you'd like to alert them to the possible infringement you've cited here.



Fine. Call up Jim Cameron, and ask if he wants to get involved in having all of that content taken down. If he doesn't, it's not for you to say what should or shouldn't be allowed.

Mr. Cameron can be reached through Endeavor, 9601 Wilshire Blvd., 3rd Floor, Beverly Hills, CA 90210.


Again, if you feel your work was taken down unfairly, file a counter notice with LL, and have it reinstated. This is not a hard concept. That is, unless you'd rather just bitch about than actually solve the problem.




Give Ms. Lopez a call, and see if she wants to file any takedown notices. Be sure and tell her Cartman says hello.

She can be reached through Nuyorican Productions, Inc., 1100 Glendon Ave Suite 920, Los Angeles, CA 90024.




The Final Fantasy property is owned by Square Enix. If you want to contact them to suggest they file takedown notices, their address and phone number are on their website, http://www.square-enix.com/na/




The Sims is published by Electronic Arts. If you'd like to suggest that they file takedown notices, their address and phone number is at http://www.ea.com/2/legal-notices




First, if you think you're the only person ever to have had an item taken down, you grossly overestimate your own size.

Second, what most likely happened was someone filed a takedown notice, accusing of infringing on their work (and it's a safe bet that that person was NOT James Cameron, but someone else who makes products similar to yours). Linden Lab was then obligated to take down whatever content was cited in the notice, pursuant to LL's role as an Online Service Provider, under the Safe Harbor provision of the Digital Millenium Copyright Act, lest they could be held liable themselves if there were a lawsuit.

Third, as I've said I don't know how many times now, if you want to get the work reinstated, simply file a counter notice, and they'll put it back.

The fight here is between you and whoever it was that filed the takedown notice in the first place. LL's only concern is to do what the law requires of them.

If you honestly did not infringe on anyone else's IP rights, then you've got nothing to worry about here, beyond the minor inconvenience of having had your stuff taken offline for a few days. Just file the counter notice, have it put back, and call it a day. If whoever filed the notice wants to take it any further after that, their recourse is to sue you. They'd be pretty foolish to do that if you really didn't infringe, since all they'd accomplish would be to waste their own time and money.

Chances are this was just one of your competitors trying to ruin your day. If you're really bitter about it, you (and LL) could sue them, or even press criminal charges, since filing a false takedown notice is against the law. It's perjury.