Is plagiarism theft?

I've been working my butt off for months, with no SL social life, to get products made to sell in my new shop. Last weekend, I gave a friend (now ex), a copy of my "top of the range" diving board. A couple of days later, I saw it for sale at his shop. He had put up ban lines for me, but I was able to get good camera shots, and also into edit, to see another name as creator. Later that day, I had someone go and buy the board. On close inspection, every part of it was created by this other person, but to the exact specifications of the board I had given away. Even down to the textures used (with different repeat values... but only a builder would probably see that, it's so minute a detail), the same poseballs, and same prim count.

I've named and shamed the ex-friend, and I have "his" product, together with a statement from me, on show at my shop. There is no slander or libel, as I have only told a true story, and have photographic, physical and written proof to back me up.

He has fought back with a pathetic classified in his profile... (which is totally wrong and misquoted)... trying to excuse what he has done, and basically saying it is the right of anyone in SL to copy someone else's work.

It is often said that imitation is the highest form of flattery. I agree with that in theory, and admit to having made a few things for my own personal use, based on things I have seen around SL. But, copying EXACTLY another's work, and then selling it and passing it off as one's own work, is plagiarism at most, and, in my mind, boderline theft.

The dictionary definition:

Plagiarism
–noun
1. the unauthorized use or close imitation of the language and thoughts of another author and the representation of them as one's own original work.
2. something used and represented in this manner.

In fact, had this been written words that were copied, it would be construed as theft:

Plagiarism
Literary theft. Plagiarism occurs when a writer duplicates another writer's language or ideas and then calls the work his or her own. Copyright laws protect writers' words as their legal property. To avoid the charge of plagiarism, writers take care to credit those from whom they borrow and quote.

I can't afford to copyright every item I have ever made in SL. If a stranger were to exactly copy my work, then I would probably never know about it. And it would more than likely be for his own use, or to give to a friend. (Yes, I still like to believe the majority of SL folks are decent human beings... call me naive if you want... I refuse to lose faith in people... *sigh*).

Anyways... I don't really know why I am posting. A warning I guess. I know there is no point in reporting this to the Lindens, and there is nothing here against their Community Standards.

God bless the shitty b*****ds of SL... but also watch over the rest of us.

GG xx

Yes, it's theft. Legally? I'm not sure. Theft is a tricky word when associated with the written word...but if you ask me, then yes, an author that uses another author's works to create their own and pawn it off as theirs...is stealing from the original creator.

It's also sad. And done quite often.

So you were not really asking a question, right. As stated you know that plagerism is theft!
I am sorry that someone else is reaping benefits of your hard labour.

So he's actually admitting he stole your work. That's almost as clever as a burglar recently in the UK who autographed a wall at a place he'd broken in to (http://news.bbc.co.uk/1/hi/england/manchester/6981558.stm)

I can kind of understand what he says in that you can't claim anything was 'your own idea' if you're just copying something from real life, although the exact copy of something you only just produced, as accurate a copy as you say it is, would be a rather sucky thing to do. To do it to a friend, however, is just plain wrong, and I hope he is no longer someone you associate with.

I'm confused here, did you give someone a full permision copy so they could reconstruct your work and make it thier own?

Since you own intellectual property rights to software/images it IS plaigarism.

This is the absolute worst part of SL. It is driven by greed. Understand that there are many in SL who are not as talented or creative as the few who are. But yet they are in a world, rubbing elbows with these creative types, in a world driven by and promoted as an economy. Everywhere they go the see malls, shops, and creativity abounds. They too want to be part of this economy. So that after they are done socializing and doing the initial thing we all do, what else is there for this type to do? They resort to copying and theft.

Understand there is money involved here. And where there is money to be made this type of behaviour will always exist. It is mostly driven by greed, but inspired by the search to have something to do and belong. It is unfortunate but unless LL develops a tougher stand against these low-life thieves, this behaviour will not only continue, but flourish.

Too right.

By legal terms, it is not "theft", it is called "Copyright Infringement", which is a completely separate set of issues and consequences.

If you are a US citizen (or a citizen of a country which is a part of the Berne Convention on Copyright), your works are already copyrighted at the time of creation, without further need of registration (except in the US, if you want statutory damages and attorney's fees as part of the consideration).

Since LL is in the US, they have to follow US Copyright law on the matter, and you can, if you want to go through the effort, file a DMCA notice and have his work taken down. To find out more, click on the "dmca" link at the bottom of the SL home page.

You're an angel

I'll look into it, thanks xx

We were checking out if my things could be copied by customers. The diving board was the first thing we tried, and he managed to get a copy, when it was not copy enabled. I went home, and it didn't take long for me to realise it was because he had modify rights on my stuff. I tried again, with someone who did not have rights, and he couldn't get a copy. I temporarily took away modify rights from my "friend" to double check that's what it was.

So no, I didn't.

GG xx

Grissy,

I'm sorry for your loss and your frustration.

Could I maybe do a tiny bit to ease it? I'm in the market for a diving board for my pool. Actually, I've already built the board, but I need animations and a script for it. IM me in world if you think you could help me out.

Aloha, you don't need full perms to examine an object and manually recreate it. Mod permissions are all you need (and there are ways around that too).

Grissy, file a DCMA violation claim with LL. Technically, this is not really a DCMA violation, but that's the only language LL will understand and possibly respond to.

Interestingly, if the you had given away a full-perm object and the jerk had simply sold copies, you'd have no claim, having explicitly GIVEN permission to copy and transfer.

You do not have to register a copyright to HAVE a copyright. You get one implicitly on creating the work. For more info about US copyrights, see [img]http://www.copyright.gov[/url].

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Thank you all for your support here. This person has banned me from all his lands, and muted me. So I plan on putting this in my profile, and having a solicitor in world send it to him, so he knows what to expect:

http://secondlife.com/newsletter/2007_01/civiccenter.html

Second Life provides residents with the unique opportunity to remake the world as they see fit. What you create may be good, bad, or indifferent — but when you create it, it is yours, and that can't be taken away. In fact, under our Terms of Service you actually own everything you create.

*You* agreed to follow these DMCA guidelines when you agreed to the Terms of Service. The Terms of Service state:

4.3 You will comply with the processes of the Digital Millennium Copyright Act regarding copyright infringement claims covered under such Act.

*I* shall be filing a notification of copyright violation in accordance with the Digital Millennium Copyright Act.

http://blog.secondlife.com/2006/11/13/copyrights-and-content-creation-in-second-life/

GG

I can certainly do that Lindal. Expect to hear from me soon xx

Very true. The hype I read when I first joined, stories about You Know Who, and such, that's what went through my head. People are gonna come here and think they will get rich overniight.

Yes. I wouldn't bother trying to frighten him, putting info aimed at him in my profile, etc. I would just file a DCMA. ASAP.

Folks, it is *DMCA*, not *DCMA*.

It's important to get it right, as people will become rather confused searching for it and coming up with "Defense Contract Management Agency".

Oops. That was a tpyo. I primose.

I need to start listening to Village People songs when dealing with this subject.

Voldemort's in SL???

Sorry, didn't mean to derail.

/me slinks away

Next time, test it with an alt of your own. put in -multiple after the target in your shortcut on your computer.

Unbelievable!

I managed to get in with an ALT. He now has a new product, obviously based on one of my own (I have never seen others in SL), though it is different in size, texture etc. (Should I be flattered?) He also has freebies for sale... though I dunno if that is with the creator's permission. But if anyone wants one, rather than buy from him, IM me and I will give you one

Oh, and he has a guard dog too now. Can they be "trained" to attack named AVs? Just out of interest.

GG xx

Actually he is... a certain Portocarrero...

The answer is much shorter than your question, and requires no Qualifications.

Yes.

Angel.

I personally think you are going to have to put this up to a learning expirience. First you gave someone who is definitely not a freind modify rights on your items. Alt's get modify rights, no one else does. Then you gave this same supposed freind an item when they had these same rights, you gave them the textures, the prims and the scripts. Quit trying to see what all they are trying to recreate of yours and sale. Quit worrying about getting into thier store. I wouldn't waste your precious creative time on filing the DMCA paperwork on what amounts to a handful of RL dollars. Under these circumstances I don't think you have a legitimate complaint.

Channel your anger and frustration and create, create, create wonderfull new products that the public want and blow the competition away.