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What would you do?

HoneyBear Lilliehook
Owner, The Mall at Cherry
Join date: 18 Jun 2007
Posts: 4,500
02-04-2009 08:11
This is my blog post from last night.

From: someone
So, I'm standing at a freebie store today, and the owner has 5 skins which I know to have been AR'd twice as stolen skins from [famous skin designer].

I explain to the owner since he's making nothing on the skins anyway, he should remove them because they are stolen content and he's giving away stolen goods. He doesn't see it that way, and refuses to take them down. Doesn't remember how he came upon the skins. Doesn't make anything. Has no investment in them at all....but refuses to take down stolen content.

I call for reinforcements and AR's are being filed as we speak. Now, I'm really, really torn - do I give you the name of this store that doesn't support content creators, and have you possibly go running to grab freebies, or do I not?


I found out last night that when the designer's business and slife partner appeared at this person's location, he was promptly banned.

Obviously, in this forum, I cannot name names - however, I can on my blog. Do you think this person should be named?
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Arielyn Docherty
I DO Believe in Santa!
Join date: 3 Jul 2007
Posts: 625
02-04-2009 08:13
IMHO, I think that if your blog is open to comments, you should leave the shop owner's name out and allow the skin creator to post a comment "outing" the owner if he/she sees fit. That way it's not second hand information--straight from the horse's mouth. :: shrug ::
Dekka Raymaker
thinking very hard
Join date: 4 Feb 2007
Posts: 3,898
02-04-2009 08:15
no everything is so grey
say Moo
.......
Join date: 14 Mar 2007
Posts: 284
02-04-2009 08:16
NO, since it's already been AR'd, and as i read it, taken care of.
And if it isn't taken care of, it's still not your authorization to disclose this info to the public. (since it's already known by LL)
And furthermore it's against the tos in general, for this service to disclose ANY information, that can lead to misabuse or misinformation.
Besides, do you have REAL HARD PROOF , that it is stolen? Because if it really was stolen, i think LL already would have taken care of, through the original creator. Maybe the creator, you think is the original creator is the false one in the game. (just playing advocate of the devil, since there are many loonies in SL, this COULD be the situation too.. )
The creator saying it's his/her/their work, doesn't proof anything legally. It should be backed up with actual, proof somehow.
It's known that thiefs pretend to be the legal creator themselves (especially if they gain money with it, while the real creator doesn't), in either RL or SL, so be careful you know for sure, who is who in terms of this situation.
I mean, maybe neither of both are the real creator(s) of the skins at all, both thiefs. One lucky with gaining income, the other less lucky. (and don't look as who is creator in the object properties inside the inventoy, because if it's stolen, the thiefs name will be the creator)

Don't forget, there are reseller vendors too.. And the likes.
(or he has gotten a copy from the creator, and the creator has remorse over the gift lateron, and claims it as stolen, while it isn't. LindenLab can check that through inventory transfers of the two involved residents. NOT YOU)

Just be carefull, don't jump into the fire, while you have no exact proof, or it's beyond your authorization/legallity.

:)

all in all, you did what in your eyes and authorization you could do. (AR's and anonymous blogging)
That's all, leave it to rest.. Nothing more you can/may do here.
Marcel Flatley
Sampireun Design
Join date: 29 Jul 2007
Posts: 2,032
02-04-2009 08:19
Well it depends...
Ripped skins that are already wide-spread, if I had a freebie shop I doubt that I would remove them either. They look like freebies, smell like freebies, who are you to say they are not ;)

But as soon as they ban the designer and/or his partner, they seem to know damn well they are wrong. And instead of removing the stuff they an the designer? In that case, I would not mind naming names. And as far as I know you, I think you are certain enough that they are doing wrong.

Remains the question: why?
If it is a "freebie store" (is a place where all is free, actually a store?) why would they not just remove the items. It is not as if they loose money over it :D
The other why might be: why do you bother? It is a thing between the creator and the "seller", why get involved anyway? Just warn the creator (you apparently did) and your job is done there. Saves you a lot of trouble too.
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HoneyBear Lilliehook
Owner, The Mall at Cherry
Join date: 18 Jun 2007
Posts: 4,500
02-04-2009 08:20
From: say Moo
NO, since it's already been AR'd, and as i read it, taken care of.
And if it isn't taken care of, it's still not your authorization to disclose this info to the public. (since it's already known by LL)
And furthermore it's against the tos in general, for this service to disclose ANY information, that can lead to misabuse or misinformation.
Besides, do you have PROOF, that it is stolen? Because if it really was stolen, i think LL already would have taken care of, through the original creator.

Don't forget, there are reseller vendors too.. And the likes.
(or he has gotten a copy from the creator, and the creator has remorse over the gift lateron, and claims it as stolen, while it isn't. LindenLab can check that through inventory transfers of the two involved residents. NOT YOU)

Just be carefull, don't jump into the fire, while you have no exact proof, or it's beyond your authorization/legallity.

:)


First, I do have it from the creator's partner that the skins were stolen.

These skins are not in any authorized reseller packages...this designer does not do that.

Normally, I don't let my blog get embroiled in this kind of stuff...I just report the freebies and their locations. But this just makes my blood boil.
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Arielyn Docherty
I DO Believe in Santa!
Join date: 3 Jul 2007
Posts: 625
02-04-2009 08:23
/me = willing to carry a large sign and stand just outside his property! ;) We could bring weinies and marshmallows (oh wait, forget the weinies--I don't know how much time I could spend with .... [not naming names]). Honestly...maybe a protest would bring some attention.
say Moo
.......
Join date: 14 Mar 2007
Posts: 284
02-04-2009 08:25
From: HoneyBear Lilliehook
First, I do have it from the creator's partner that the skins were stolen.

These skins are not in any authorized reseller packages...this designer does not do that.

Normally, I don't let my blog get embroiled in this kind of stuff...I just report the freebies and their locations. But this just makes my blood boil.


I edited my post, and saw that you already used the unmodified post of mine to react.. so here is the modification to it..

Do you have REAL HARD PROOF , that it is stolen? Because if it really was stolen, i think LL already would have taken care of, through the original creator. Maybe the creator, you think is the original creator is the false one in the game. (just playing advocate of the devil, since there are many loonies in SL, this COULD be the situation too.. )
The creator saying it's his/her/their work, doesn't proof anything legally. It should be backed up with actual, proof somehow.
It's known that thiefs pretend to be the legal creator themselves (especially if they gain money with it, while the real creator doesn't), in either RL or SL, so be careful you know for sure, who is who in terms of this situation.
I mean, maybe neither of both are the real creator(s) of the skins at all, both thiefs. One lucky with gaining income, the other less lucky. (and don't look as who is creator in the object properties inside the inventoy, because if it's stolen, the thiefs name will be the creator)
HoneyBear Lilliehook
Owner, The Mall at Cherry
Join date: 18 Jun 2007
Posts: 4,500
02-04-2009 08:25
From: Marcel Flatley
Well it depends...
Ripped skins that are already wide-spread, if I had a freebie shop I doubt that I would remove them either. They look like freebies, smell like freebies, who are you to say they are not ;)

But as soon as they ban the designer and/or his partner, they seem to know damn well they are wrong. And instead of removing the stuff they an the designer? In that case, I would not mind naming names. And as far as I know you, I think you are certain enough that they are doing wrong.

Remains the question: why?
If it is a "freebie store" (is a place where all is free, actually a store?) why would they not just remove the items. It is not as if they loose money over it :D
The other why might be: why do you bother? It is a thing between the creator and the "seller", why get involved anyway? Just warn the creator (you apparently did) and your job is done there. Saves you a lot of trouble too.


Ah, but you see Marcel, when things like this happen - as a freebie blog writer, if I'm not on top of it as well, and I refer people to stores where the content is stolen...am I not perpetuating the theft?

And your "why" questions...are exactly mine as well. What do you gain (besides traffic) when you're giving away stolen goods? I was not the only one who told him they were stolen....several others did as well. His attitude was atrocious - and to ban the creator's partner? WTF? If he was truly innocent, why not admit to the partner "I didn't know they were stolen, I'll take them down". Banning was, to me, an admission that he knew.
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Lindal Kidd
Dances With Noobs
Join date: 26 Jun 2007
Posts: 8,371
02-04-2009 08:26
Don't name names...it will only help spread the skins by tempting people to run over and pick up a set.

The designer knows. It's up to him/her to file a DMCA takedown.
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Lindal Kidd
Raudf Fox
(ra-ow-th)
Join date: 25 Feb 2005
Posts: 5,119
02-04-2009 08:28
I'd post the bare bones of it, leaving out names, but invite the actual creator to comment. The actual creator can out the person, so the onus is off of you.

As for someone running to grab freebies, because the store was named? I hate to say it, but they've already been grabbed and will probably continue to be grabbed. Naming the store just allows those of us who want to support the creators to not be taken in by the freebies.
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HoneyBear Lilliehook
Owner, The Mall at Cherry
Join date: 18 Jun 2007
Posts: 4,500
02-04-2009 08:28
From: say Moo
I edited my post, and saw that you already used the unmodified post of mine to react.. so here is the modification to it..

Do you have REAL HARD PROOF , that it is stolen? Because if it really was stolen, i think LL already would have taken care of, through the original creator. Maybe the creator, you think is the original creator is the false one in the game. (just playing advocate of the devil, since there are many loonies in SL, this COULD be the situation too.. )
The creator saying it's his/her/their work, doesn't proof anything legally. It should be backed up with actual, proof somehow.
It's known that thiefs pretend to be the legal creator themselves, in either RL or SL, so be careful you know for sure, who is who in term of this situation.


Too much supposition here, say. The skins are acknowledged widely and publicly by the creator (who is very well known, as are the skins), to be stolen and DMCAs have been filed.
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Ashe1 Writer
Searching & Seeking
Join date: 20 Jul 2007
Posts: 1,138
02-04-2009 08:32
Don't refer his store anymore--
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Ashe
Ralektra Breda
Template Painter
Join date: 7 Apr 2008
Posts: 1,875
02-04-2009 08:33
my advice? Don't blog them, and if the creator wants to come and out them, let them. But spare yourself the 'fashion drama' of naming them yourself.

just an opinion:)
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Mainstore: http://slurl.com/secondlife/Phantasm/51/164/501
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I'm not a designer IRL, but I RP one on SL!
say Moo
.......
Join date: 14 Mar 2007
Posts: 284
02-04-2009 08:34
From: HoneyBear Lilliehook
Too much supposition here, say. The skins are acknowledged widely and publicly by the creator (who is very well known, as are the skins), to be stolen and DMCAs have been filed.


Maybe, but you doing the opposite. Saying things are the facts, while YOU don't know for sure. It's something to solve between the involved parties, if their willing.
Not you as guest/resident/shopper.
Don't burn your fingers on something you don't have the details from.
(real details, that are infact facts for sure.)
Someone with a good skin store, famous or not, doesn't mean anything in this situation, yet. (lack of real proof again, you own).
Maybe the skins look alike, and are based on eachother (very similar). This could be trademark infringement, if they trademarked it anyway. (see the lacoste logo situation)
But if it's such a case, it's not the same as being stolen.
(slight difference)
HoneyBear Lilliehook
Owner, The Mall at Cherry
Join date: 18 Jun 2007
Posts: 4,500
02-04-2009 08:34
From: Ashe1 Writer
Don't refer his store anymore--


Absolute given, Ashe. It will be a cold day in hell before his slurl graces my blog. I don't think it ever has, but that's something I'll be checking...and it will be removed.
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Tarina Sewell
Just Browsing Thank you
Join date: 20 Jul 2007
Posts: 2,180
02-04-2009 08:37
From: Arielyn Docherty
/me = willing to carry a large sign and stand just outside his property! ;) We could bring weinies and marshmallows (oh wait, forget the weinies--I don't know how much time I could spend with .... [not naming names]). Honestly...maybe a protest would bring some attention.


Wouldn't this be a form of harrasment and get yourself AR'd?

Likewise, as soon as you tell people there are top designer skins available people will flock to it.... Most people don't give 2 chits about the creators and how it should be regarded in the community.
Briana Dawson
Attach to Mouth
Join date: 23 Sep 2003
Posts: 5,855
02-04-2009 08:40
From: say Moo

And furthermore it's against the tos in general, for this service to disclose ANY information, that can lead to misabuse or misinformation.


It is NOT against the TOS to disclose ALL of this persons information on a THIRD PARTY WEBSITE!

LL cannot control what a private citizen puts on their privately paid for website, nor do they try - no matter what the content and it's relation to another Second Life Citizen.
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HoneyBear Lilliehook
Owner, The Mall at Cherry
Join date: 18 Jun 2007
Posts: 4,500
02-04-2009 08:44
From: Briana Dawson
It is NOT against the TOS to disclose ALL of this persons information on a THIRD PARTY WEBSITE!

LL cannot control what a private citizen puts on their privately paid for website, nor do they try - no matter what the content and it's relation to another Second Life Citizen.


Absolutely correct.
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The Mall at Cherry Park - new vendors, new look!
Ashe1 Writer
Searching & Seeking
Join date: 20 Jul 2007
Posts: 1,138
02-04-2009 08:49
From: Briana Dawson
It is NOT against the TOS to disclose ALL of this persons information on a THIRD PARTY WEBSITE!

LL cannot control what a private citizen puts on their privately paid for website, nor do they try - no matter what the content and it's relation to another Second Life Citizen.



I know that we agree on *most* of the ToS (few things, no) but I believe from our time spent on the forums, that we all agree in the reasoning behind LL's rule of not naming names...If you agree with it in regards to the forums, why would you want to list it *any* place?? Just sayin'..... :(
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Ashe
HoneyBear Lilliehook
Owner, The Mall at Cherry
Join date: 18 Jun 2007
Posts: 4,500
02-04-2009 08:52
From: Ashe1 Writer
I know that we agree on *most* of the ToS (few things, no) but I believe from our time spent on the forums, that we all agree in the reasoning behind LL's rule of not naming names...If you agree with it in regards to the forums, why would you want to list it *any* place?? Just sayin'..... :(


Because while TOS is the agreement we are bound by within the game called Second Life....no one can take away my freedom of speech.
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The Mall at Cherry Park - new vendors, new look!
Ashe1 Writer
Searching & Seeking
Join date: 20 Jul 2007
Posts: 1,138
02-04-2009 09:04
True, but we don't want to use freedom of speech to slander either...We can't and shouldn't in this case, 100% judge how he came upon those. I was there last night when all this was going down. You're right, he acted horribly and dishonestly to me, but I feel you have done all you should do. I wouldn't take it any further. :)
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Ashe
HoneyBear Lilliehook
Owner, The Mall at Cherry
Join date: 18 Jun 2007
Posts: 4,500
02-04-2009 09:10
From: Ashe1 Writer
True, but we don't want to use freedom of speech to slander either...We can't and shouldn't in this case, 100% judge how he came upon those. I was there last night when all this was going down. You're right, he acted horribly and dishonestly to me, but I feel you have done all you should do. I wouldn't take it any further. :)


That does seem to be the general consensus. And while it may seem small, never allowing his store on my blog will help some what...and will make ME feel better about it all, anyway ;)
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Love Hastings
#66666
Join date: 21 Aug 2007
Posts: 4,094
02-04-2009 09:12
Go tell Tenshi on SLU. You won't have to lift a finger...
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Ashe1 Writer
Searching & Seeking
Join date: 20 Jul 2007
Posts: 1,138
02-04-2009 09:17
From: Love Hastings
Go tell Tenshi on SLU. You won't have to lift a finger...


LOL
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Ashe
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