Welcome to the Second Life Forums Archive

These forums are CLOSED. Please visit the new forums HERE

Ginsu's response on DMCA questions

Cristiano Midnight
Evil Snapshot Baron
Join date: 17 May 2003
Posts: 8,616
07-29-2006 11:22
This was a bit buried in the Answers forum, but it is relevant to what we are trying to accomplish and I think it is important that everyone reads Ginsu Linden's answers to the questions posed:

/139/f2/124798/1.html
_____________________
Cristiano


ANOmations - huge selection of high quality, low priced animations all $100L or less.

~SLUniverse.com~ SL's oldest and largest community site, featuring Snapzilla image sharing, forums, and much more.

Psyke Phaeton
Psyke's Defense Systems
Join date: 12 Oct 2003
Posts: 197
07-29-2006 12:51
After reading that I intepret it as... there is no technical solution to texture (and other copyright theft) but we can post in by mail DMCA take down requests. ie. this is a real life issue and not a game issue.

I know of a girl who has paid a website for the textures she uses. The ironic thing is that legally she doesn't control the use of those textures so she can't use the DMCA to stop people copying her textures and making the same things. I wonder what the real owner could do? How do they give the in-game location? And really would they care? So if u buy textures to use in SL your stuff can be copied with impunity?
_____________________

"Our goal is to have as little control as possible." -- Corey "Linden" Ondrejka, Vice President of Product Development, Linden Lab. 16th January 2006
Cristiano Midnight
Evil Snapshot Baron
Join date: 17 May 2003
Posts: 8,616
07-29-2006 13:29
What struck me about the whole thing was the fact that there is no investigation component - it is basically all clerical. What is to stop someone from making a copy of a skin texture, then filing a DMCA against the original creator and claiming that the original creator is the infringing one? Since there seems to be no judgement component at all to the process, LL would take down the item in question as long as it was a properly filed DMCA. Am I misreading this, or is that a huge potential for abuse?
_____________________
Cristiano


ANOmations - huge selection of high quality, low priced animations all $100L or less.

~SLUniverse.com~ SL's oldest and largest community site, featuring Snapzilla image sharing, forums, and much more.

pandastrong Fairplay
all bout the BANG POW NOW
Join date: 16 Aug 2004
Posts: 2,920
07-29-2006 13:32
From: Cristiano Midnight
... LL would take down the item in question as long as it was a properly filed DMCA. Am I misreading this, or is that a huge potential for abuse?


BANNED IN 3... 2... 1...
_____________________
"Honestly, you are a gem -- fun, creative, and possessing strong social convictions. I think LL should be paying you to be in their game."

~ Ulrika Zugzwang on the iconography of pandastrong in the media



"That's no good. Someone is going to take your place as SL's cutest boy while you're offline."

~ Ingrid Ingersoll on the topic of LL refusing to pay pandastrong for being in their game.
Inigo Chamerberlin
Registered User
Join date: 13 May 2006
Posts: 448
07-29-2006 13:34
Stirrer!

Oh, NICE formatting too.:rolleyes:

BASTARD! You went an fixed it! <SULK>
_____________________
Wanda Rich
Registered User
Join date: 22 Apr 2006
Posts: 320
07-29-2006 14:54
From: pandastrong Fairplay
BANNED IN 3... 2... 1...


rubbish

provide a list of people LL have actually banned over this subject. no one? what a surprise.
_____________________
pandastrong Fairplay
all bout the BANG POW NOW
Join date: 16 Aug 2004
Posts: 2,920
07-29-2006 19:55
From: Wanda Rich
rubbish

provide a list of people LL have actually banned over this subject. no one? what a surprise.


Hi. I am pandastrong, and you should know that all of my posts are made without the slightest hint of jest and are all completely factual.

I have checked my facts.

And I do have a list.





























Unfortunately, I cannot post said list here because I do not have a computer. :(
_____________________
"Honestly, you are a gem -- fun, creative, and possessing strong social convictions. I think LL should be paying you to be in their game."

~ Ulrika Zugzwang on the iconography of pandastrong in the media



"That's no good. Someone is going to take your place as SL's cutest boy while you're offline."

~ Ingrid Ingersoll on the topic of LL refusing to pay pandastrong for being in their game.
Psyke Phaeton
Psyke's Defense Systems
Join date: 12 Oct 2003
Posts: 197
07-29-2006 22:11
Trolling is not allowed in the forums. Please stop.
_____________________

"Our goal is to have as little control as possible." -- Corey "Linden" Ondrejka, Vice President of Product Development, Linden Lab. 16th January 2006
pandastrong Fairplay
all bout the BANG POW NOW
Join date: 16 Aug 2004
Posts: 2,920
07-29-2006 22:16
From: Psyke Phaeton
Trolling is not allowed in the forums. Please stop.


Social critique of LL policy does not equate to trolling. Please stop saying please stop.
_____________________
"Honestly, you are a gem -- fun, creative, and possessing strong social convictions. I think LL should be paying you to be in their game."

~ Ulrika Zugzwang on the iconography of pandastrong in the media



"That's no good. Someone is going to take your place as SL's cutest boy while you're offline."

~ Ingrid Ingersoll on the topic of LL refusing to pay pandastrong for being in their game.
Cristiano Midnight
Evil Snapshot Baron
Join date: 17 May 2003
Posts: 8,616
07-30-2006 10:15
Can we please get this back to the original topic? Are creators vulnerable to abuse of the DMCA process that LL has outlined?
_____________________
Cristiano


ANOmations - huge selection of high quality, low priced animations all $100L or less.

~SLUniverse.com~ SL's oldest and largest community site, featuring Snapzilla image sharing, forums, and much more.

Lo Jacobs
Awesome Possum
Join date: 28 May 2004
Posts: 2,734
07-30-2006 10:56
From: Ginsu Linden
Since the DMCA process is not primarily about substantive review of copyrights, “proof” of infringement is not required. In fact, it can be very difficult to review DMCA notifications if extraneous information is submitted, so if you wish to expedite the review of your notification, you would not submit any information other than the items that are specifically enumerated on http://secondlife.com/corporate/dmca.php. That said, screenshots can be helpful to properly identify the materials in question—but this is for mere identification, not proof.


It would appear so ...

I don't know ... I don't feel qualified to decide.
_____________________
http://churchofluxe.com/Luster :o
Psyke Phaeton
Psyke's Defense Systems
Join date: 12 Oct 2003
Posts: 197
07-30-2006 12:38
From: Cristiano Midnight
Can we please get this back to the original topic? Are creators vulnerable to abuse of the DMCA process that LL has outlined?


Creators in any online medium are vulnerable to DMCA shutdowns. many ISPs have removed content without question when getting a DMCA request. This is not a SL problem.

See the safe harbor provision mentioned in answer #1 here:
/139/f2/124798/1.html#post1182506

From: Smith Hopen law firm

# If a user who posted allegedly infringing material sends a proper “counter-notification” to the ISP stating that the removal or blocking was the result of a mistake or a misidentification of the material, to remain exempt from liability for the take-down, the ISP must provide a copy of the counter-notification to the alleged copyright owner who sent the original notice.

# Unless the party claiming to own the infringing material then notifies the ISP that it has filed a court action seeking to restrain the alleged infringement, the ISP must replace or unblock the material not less than 10 nor more than 14 business days after receiving the counter-notification.

from http://www.smithhopen.com/News/news_briefs_display.asp?ID=121

Basically:
Alice claims Bob has infringed her copyright and files all the info including real life details.
LL removes the alledged copyrighted works to protect LL from liabilty.
Bob files a counter claim (with real life details) that it is not owned by Alice.
LL restores the works.
LL passes the counter claim to Alice who can now take Bob to court.

The awful part of all this would be gaining private real life details simply by claiming copyright theft..... ??
_____________________

"Our goal is to have as little control as possible." -- Corey "Linden" Ondrejka, Vice President of Product Development, Linden Lab. 16th January 2006
Lo Jacobs
Awesome Possum
Join date: 28 May 2004
Posts: 2,734
07-31-2006 08:39
Oh come on.

Someone steals something and there's a YOOJ dramafest over it, but when people calm down and actually ask coherent questions no one's interested? :mad:
_____________________
http://churchofluxe.com/Luster :o