Stolen necklacedesign/texture-what can I do?

Good luck. I will say that I did have both necklaces side by side; both were identical in size; one prim was textured differently, but the most unique two textures (the metal and the knit/pearl) were used in both. Satyra sent me originals of both of those textures to prove they were hers, and both of the textures she sent were clear and sharp. Beyond that, I know nothing and have been advised by my attorney (my husband sitting next to me and yelling in my ear) to step aside on this one.

The readers of these forums don't make decisions on DMCA claims. Someone at Linden Lab does. If you cannot resolve the issue with the alleged infringer, you are better off spending your time and energy starting the DMCA process rather than spending hours on a thread here to convince people who have absolutely no ability to affect your DMCA claim one way or another.

Is it possible that two designers just happen to come up with the same design?? I mean I have made one very much like those in question myself, its not an intricate design at all and it is highly likely that perhaps two really good designers think a like?

The Tremere symbol is what sets it apart from the other.... But really it is not such an intricate design that it is unlikely they both had the idea......

Now the textures do make me wonder.... But then again they just look like leather to me.......... nothing fancy or special.

But I dont think your mentioning your store name in every post is cool either.... or pointing out hers..


I don't think this should have ever been posted here like it is..........

A simple, I found someone who has the same design as mine, what can I do would have worked...


IMHO

this thread should be deleted.


A simple I found a design that is so much like mine what can I do would have worked to get the information you needed to move on.

It seems to me you your calling her out in the forums could be considered harrassment and I think you are handling this all wrong.



Good luck

BTW: my sl dude is swedish and he is the smartest man I know in SL.

Well, I went along to go this far here in the forum because CandyGurl said she would join this discussion here aswell, claiming that the originaldesign/textures was hers.

I v allready bouth written a DMCA notification and contacted LL about this issue. I really hope its possible to keep your ownmade stuff your own, without people stealing it! We´ll see if it is.

I agree, I'm sorry that this happened but, I don't think the store names needs to be mentioned quite so often.

I made the mistake of taking a pic of my fav house and using the texture on my own build, I thought I was allowed to do that, if I had no intention of selling it. When I learned I wasn't allowed to use it, I immediately took it down. Now I know it's unlikely, but is the person in question aware that you are not allowed to use other peoples textures, because there are some people who aren’t. Just trying to give the benefit of the doubt here.

I haven't read the whole thread. Just wanted to say I generally hate people who start anything they say with, "Yanno."

I feel the same way about people who routinely use text-message shorthand in their writings. Put the two together, and it leaves me with the impression that I am dealing with a 12-year-old child.

Well, I got an IM from a women this morning - saying she saw one of my necklaces sold by someother then me on XStreet SL market and onrez.com.
I took a look and yeah, there it was - my necklace - in exact copy - bouth in shape/prims/sizes and textures - except that this once have a changed part at the last bit of the hangingthing and the collartexture was made black only, instead of the texture I used in the original.

So its not "only" the textures that is - not similar but totally the same!!! - its also the rest of the design of the whole necklace itself. THAT alike can NOT two stranger designers create a stuff. Specially when the textures are made by me, in photoshop, and only can be found in the originalshape in MY inventory and MY computer.

I tryed to IM the person selling this necklace to ask her to take it out from her collection, since she did not create it in original, but she answered me very rudely back and that got me even more angry and sad over the issue.
IF she had told me, as you describe it here, that she thought she was allowed to copy my stuff and sell it as hers (how ever anyone can think that of an item that is not even able to copy in the first place ...), then maby I would have accepted that.

Well in my case it was an honest and genuine mistake, so I know it can happen. I guess the difference here is, I wasn’t trying to deliberately rip anyone off and I changed it immediately. If you have given her the opportunity and she continues to use it or deny it, then as suggested in this thread, take it to the authorities, through the proper channels.

I *have* read all of this thread And I am very impressed with Arielyn's involvement - it sounds very fair and very unbiased. Satyra sounds very genuine, and the other woman's reply to her sounds extremely obnoxious.

I believe Arielyn and Satyra, and I suggest filing a DMCA, Satyra. It's the only way that you can get any satisfaction, since the other person just wants to be obnoxious with you - because she can right now.

Is taking a picture of a RL bracelet and selling a product using it here in SL some kind of violation of rights of the RL bracelet designer?

Suezzane, I think the OP is just trying to use the example of the RL texture/image to prove her point - that she is, indeed the Designer of the item(s) in question. It is not only her RL thing & image, but it is dated for proof of the date of the texture being uploaded into SL.

Swear I'm not a lawyer, this is just terribly interesting. I just started reading Lawrence Lessig's book "Remix" today about restrictive copyright laws in a creative society.

And, I applaud the OP's determination in protecting her intellectual property.

This person definitely should not be selling it on XstreetSL.

If i see something i really like -face jewelry specifically-, and mod, i may just copy it by hand prim for prim so i can add it to the rest of my face jewelry if the perms on the item are unacceptable.

Nothing wrong with copying an item if you have the skill to reproduce it yourself. It is wrong to sell your copy however.

Thanks Phil and I am in a discussionprocess with LL and with a DMCA notificiation so I hope it will turn out good.

Well, the RL-braceletdesigner is me. So I really think it IS ok in this case!

Which suggests you have even *more* of a potential complaint!

Pep (parallel evolution is possible but unlikely)

Exactly - in this case it is both my RL ownmade bracelet texture/image AND my SL-creation in design and use of the textures I feel I want to protect.
It´s not any more just the thing that its copied, stolen - it´s also an act of frustration about people that actually think they can do like this, without consequences!

And yes, I have and can proof the texture came from my RL-made bracelet and I can proof when I uploaded the textures to SL and when I started to sell this necklace in my MadeForYou-store too.

The women who copied it said yesterday she created the necklace a year ago.
I´v been selling it since 10 dec -07 and Im totally sure that she can not proof the textures, or the creation she sells were made by her before me couse that is not possible.
My originaldesign/textures can only be found in my inventory/my computer - and they/it have for sure earlier date then anyone elses that might have been copied it from me so .. it should not be so hard to figure this problem out, if the women just show her side of the uploaddates, etc.

Today I bougth one of her necklacecopies by the way. And looked at my originalone, beside her copied one very closely. She have not bothered to change anything in size, positions, shapes in the necklace at all. Only thing she changed was the last hanging part and the texture on the collar nearest the neck. The rest is exactly as I made it - but with more blured textures then my originalonce. Which also, I think, proofs that her textures are just bad copies of mine.

Well, well ...

Just wanted to say that Im sorry if you cant read my english - Im just a swedish blond.

Prove, not proof, for ex.

I wrote today to both xstreet sl and onrez about this issue.
With a link to a special webpage I made today, with all kinds of pics/facts that proves Im the originalcreator of the necklace. (Don´t want to show the page here right now though, since I feel it can be used to harm me at this point) So I hope they will stop her from selling this item quickely.

OK, I swore to my husband I would stay out of this BUT.....


I spoke to CandyGurl last night, let her know about this thread, and told her that there was a possible DMCA action coming if she didn't do something! I should have heeded hubby and not gotten involved, but as I said before, CandyGurl was a customer...a GOOD customer...and I felt like she should have her own say. I would like to think that those who know me would do the same in return.

I guided her to the thread and...nothing. She didn't take the time to respond to either me OR the thread. (Not that she had any obligation to do so, but if she was in the right, wouldn't she have wanted to clarify that??) I took the time to look at this because I felt bad for...well, for whomever was ripped off! I would hope that in a similar situation someone would step up to the plate to at least verify my story.

Also, I have already concurred with Satyra that the necklaces are identical. This isn't a case of two designers having roughly the same idea. These necklaces are, prim for prim, laid out EXACTLY alike, down to the coordinate positioning of the three beads in the front.

Someone said that it didn't warrant going on about this here--that only the Lindens, or a DMCA complaint, would "solve" this, but here's my take: if there are folks out there blatantly stealing--no matter WHO they are--don't we owe it to each other as responsible SL members, creators, designers, etc., to stick together and call OUT the thieves? Don't we have some accountability to the societal presuppositions associated with the almost self-governance of our little metaverse? I hate the idea that we are all "islands" and would rather think of us as somehow sharing the responsibility for keeping things, as much as possible, above board and "moral." I guess we could dispute the idea of morality on both a philosophical and religious platform, but the upshot, I think, would be the same: stealing is immoral when it's not accompanied by an accute basic need (i.e. stealing food to feed a starving child when nothing else is available). Yeah, in some cases it's gray, and again, we can argue, but I would be hard pressed to come up with a single reason why it would be OK to log on to SL, steal someone's design, take the time to recreate each prim, steal the textures, then upload that creation to SLEX for sale to the general SL public.

:: off my soapbox....for now ::

Let the flaming begin.

i never save my photoshop files after i upload a finished texture. in hindsight, i wish i had for some of my clothes so i could duplicate them with different colors (etc.) and have more variety, but for basic primmy textures i have never considered it. so the date of a the texture being uploaded is recorded? how do we find that out so we can protect ourselves?

resolution - don't make items modifiable. =/

You are absolutely right--and how SAD is that?? Avis are so different in shape and size--if we all start to make every item no mod I foresee tons of half bald women with prim skirts that leave little to the imagination. (No Pep, that's NOT a good thing... ;P )

It depends which half is bald . . .

Pep (agrees with anything that makes female avatars more attractive - short skirts, fancy hairdos, ball-gags . . . )