Do you post SL snapshots to Flickr?
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Walker Moore
Fоrum Unregular
Join date: 14 May 2006
Posts: 1,458
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11-10-2007 16:57
Just a headsup. Somebody is ripping Second Life (often post-processed) snapshots from Flickr, using them for ebay listings, and even watermarking them so it looks like they're his own work before uploading them to his photobucket account. More about this at a blog entry here: http://www.massively.com/2007/11/10/intellectual-property-if-its-not-nailed-down/...and the forum post where it was first leaked: http://www.sluniverse.com/php/vb/showthread.php?t=2657It's one thing lifting people's images to advertise your products, but claiming them as your own work? Sheesh.
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Annabelle Babii
Unholier than thou
Join date: 2 Jun 2007
Posts: 1,797
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11-10-2007 17:25
no.
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Laura Lobo
Registered User
Join date: 8 Sep 2006
Posts: 79
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11-10-2007 17:55
There is a part in the TOS that is questionable. From: TOS Notwithstanding the foregoing, you understand and agree that by submitting your Content to any area of the service, you automatically grant (and you represent and warrant that you have the right to grant) to Linden Lab: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce and distribute your Content within the Service as permitted by you through your interactions on the Service, and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of your Content in any or all media for marketing and/or promotional purposes in connection with the Service
Kinda sounds like anyone can use your content anyway they like if it revolves around SL because you granted them a license to do so... Not sure if I am reading that right though. http://secondlife.com/corporate/tos.php
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Bradley Bracken
Goodbye, Farewell, Amen
Join date: 2 Apr 2007
Posts: 3,856
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11-10-2007 17:57
There's a picture of my ass on Flickr. Does that mean? Oh dear. 
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My interest in SL has simply died. Thanks for all the laughs
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Walker Moore
Fоrum Unregular
Join date: 14 May 2006
Posts: 1,458
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11-10-2007 18:01
From: Laura Lobo There is a part in the TOS that is questionable. Kinda sounds like anyone can use your content anyway they like if it revolves around SL because you granted them a license to do so... Not sure if I am reading that right though. Ebay, Flickr and Photobucket are not "within the [Second Life] service".
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Laura Lobo
Registered User
Join date: 8 Sep 2006
Posts: 79
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11-10-2007 18:02
From: Walker Moore Ebay, Flickr and Photobucket are not "within the [Second Life] service". Read the last part of it. From: TOS ) use and reproduce (and to authorize third parties to use and reproduce) any of your Content in any or all media for marketing and/or promotional purposes in connection with the Service
In connection with the Service. Doesn't specify within the service.
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Walker Moore
Fоrum Unregular
Join date: 14 May 2006
Posts: 1,458
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11-10-2007 18:03
From: Bradley Bracken There's a picture of my ass on Flickr. Does that mean? Oh dear.  Yeah Bradley, your ass is being auctioned on Ebay right now. It hasn't met the 50p reserve yet though. 
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Ann Launay
Neko-liciousā¢
Join date: 8 Aug 2006
Posts: 7,893
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11-10-2007 18:04
There's also a crazy chick hijacking people's pics and either pretending she is them, or that they stole the images from her.
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~Now Trout Re-Re-Re-Certified!~ From: someone I am bumping you to an 8.5 on the Official Trout Measuring Instrument of Sluttiness. You are an enigma - on the one hand a sweet, gentle, intelligent woman who we would like to wrap up in our arms and protect, and on the other, a temptress to whom we would like to do all sorts of unmentionable things.
Congratulations and shame on you! You are a bit of a slut.
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Walker Moore
Fоrum Unregular
Join date: 14 May 2006
Posts: 1,458
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11-10-2007 18:12
From: Laura Lobo Read the last part of it. In connection with the Service. Doesn't specify within the service. Please don't let this turn into another IP thread. The TOS entry you've cited is about granting *Linden Lab* a license, and giving *Linden Lab* permission to authorize third-party usage of your content. It's highly unlikely Linden Lab have given this guy permission to do what he's doing, even though they would be within their rights to do so (assuming that TOS would hold up in court).
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Laura Lobo
Registered User
Join date: 8 Sep 2006
Posts: 79
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11-10-2007 18:22
From: Walker Moore Please don't let this turn into another IP thread. The TOS entry you've cited is about granting *Linden Lab* a license, and giving *Linden Lab* permission to authorize third-party usage of your content. It's highly unlikely Linden Lab have given this guy permission to do what he's doing, even though they would be within their rights to do so (assuming that TOS would hold up in court). Yes, as I said not sure I was reading that right. However I would not doubt for a second LL granted him rights. In any even even if he doesn't have the right permissions who is going to do anything about it? The lawsuits costs more money than they are worth to pursue. LL will not do anything about it being the pics are not stolen directly from SL. In any event what bothers me the most is why this guy doesn't spend a few hours in SL taking his own pics? Not that hard to do... Seems like people these days go out of their way to push it... EDIT: Also no I don't add pics to Fliker. All my pics stay in SL.
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Sally Silvera
live music maniac
Join date: 17 Feb 2007
Posts: 2,325
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11-10-2007 18:22
......... hang on ..... i've just recently started posted pics to Flickr ..... am i supposed to be worried abpot something? I'm, just sharing fun? oh and btw feel free to repost, rip , copy, transfer, distort or otherwise enjoy  sheeees
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Bradley Bracken
Goodbye, Farewell, Amen
Join date: 2 Apr 2007
Posts: 3,856
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11-10-2007 18:23
From: Walker Moore Yeah Bradley, your ass is being auctioned on Ebay right now. It hasn't met the 50p reserve yet though.  Obviously Brenda hasn't started bidding yet.
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My interest in SL has simply died. Thanks for all the laughs
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Alyx Sands
Mental Mentor Linguist
Join date: 17 Feb 2007
Posts: 2,432
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11-10-2007 18:27
I post loads to Flickr, and mine are all set to "all rights reserved".
Nekkid arse on Flickr? *goes off to search*
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~~I'm a linguist. RL sucks, but right now it's decided to be a little less nasty to me - you can still be nice to me if you want! ~~ ->Potestatem obscuri lateris nescitis.<-
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Walker Moore
Fоrum Unregular
Join date: 14 May 2006
Posts: 1,458
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11-10-2007 18:27
From: Laura Lobo Yes, as I said not sure I was reading that right. However I would not doubt for a second LL granted him rights. Huh? From: Laura Lobo In any even even if he doesn't have the right permissions who is going to do anything about it? The people who own the copyright on the images. They file a DMCA agianst the sites involved, and send abuse reports to Ebay. I question whether SL snapshots saved straight to disk could be considered "Second Life Content" anyway. It's not like they ever entered the world.
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Walker Moore
Fоrum Unregular
Join date: 14 May 2006
Posts: 1,458
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11-10-2007 18:28
From: Sally Silvera ......... hang on ..... i've just recently started posted pics to Flickr ..... am i supposed to be worried abpot something? I'm, just sharing fun? oh and btw feel free to repost, rip , copy, transfer, distort or otherwise enjoy sheeees Perhaps if you did a lot of post-processing to create artistic works, you might begin to understand why this would piss people off.
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Walker Moore
Fоrum Unregular
Join date: 14 May 2006
Posts: 1,458
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11-10-2007 18:29
From: Alyx Sands I post loads to Flickr, and mine are all set to "all rights reserved". Nekkid arse on Flickr? *goes off to search* Look me up and add me. Maybe I'll add my own nekkid arse one day. 
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Sally Silvera
live music maniac
Join date: 17 Feb 2007
Posts: 2,325
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11-10-2007 18:34
From: Walker Moore Perhaps if you did a lot of post-processing to create artistic works, you might begin to understand why this would piss people off. k..... still wondering if there“s something to worry about 
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Alyx Sands
Mental Mentor Linguist
Join date: 17 Feb 2007
Posts: 2,432
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11-10-2007 18:37
From: Walker Moore Look me up and add me. Maybe I'll add my own nekkid arse one day.  Pity everyone who wants to post their nekkid arse is gay...can't everyone just be sensible and be BI?  Edit: Added 
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~~I'm a linguist. RL sucks, but right now it's decided to be a little less nasty to me - you can still be nice to me if you want! ~~ ->Potestatem obscuri lateris nescitis.<-
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Autumn Palen
Registered Lurker
Join date: 24 Feb 2007
Posts: 111
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11-10-2007 18:44
I am also one of the people who this guy on eBay has used a photo from without my permission from my flickr page. I had no idea until someone pointed it out to me, and then saw it happed to a few other flickr people as well.
I have written a letter to eBay about it, but I doubt that will do much good.
Echoing what Walker has said, I doubt the eBay seller is an "authorized 3rd party" (especially since many of his guides advertise "SL" hacks), and images that many of us post on flickr are heavily post-processed, and I assumed, had all rights reserved if we choose that option for our photos.
In the end, it's not a major deal to me; however, that he is making $10 a pop for his "guide" using a photo I had photoshopped does get under my skin a bit.
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Laura Lobo
Registered User
Join date: 8 Sep 2006
Posts: 79
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11-10-2007 18:58
From: Walker Moore The people who own the copyright on the images. They file a DMCA agianst the sites involved, and send abuse reports to Ebay.
Do so and see what happens.
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Walker Moore
Fоrum Unregular
Join date: 14 May 2006
Posts: 1,458
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11-10-2007 19:00
Sorry to hear that Autumn. I haven't uploaded that many SL related pictures to Flickr yet, but having post-processed images lifted is really what bothered me the most. I've already started investigating invisible watermarking options, but I'm not really sure what use they'd be to companies like Flick and Photobucket if they rely on expensive software to display the mark. I wish you luck in getting this situation resolved. 
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Walker Moore
Fоrum Unregular
Join date: 14 May 2006
Posts: 1,458
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11-10-2007 19:02
From: Laura Lobo Do so and see what happens. From what I understand, both Flickr and Photobucket are very quick to deal with DMCA take-downs. On the other hand Linden Lab are not, but that's irrelevant here because they're not hosting the content involved.
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Walker Moore
Fоrum Unregular
Join date: 14 May 2006
Posts: 1,458
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11-10-2007 19:06
From: Alyx Sands Pity everyone who wants to post their nekkid arse is gay...can't everyone just be sensible and be BI? Edit: Added  LOL. Thanks for the add! As you can see, no bumshots on my flickr space! 
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Laura Lobo
Registered User
Join date: 8 Sep 2006
Posts: 79
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11-10-2007 19:06
From: Walker Moore From what I understand, both Flickr and Photobucket are very quick to deal with DMCA take-downs. On the other hand Linden Lab are not, but that's irrelevant here because they're not hosting the content involved. I just want to know what happens. What the process is, what you have to prove and how it ended up and if it was worth it. I heard of people losing their DMCA case and actually ended up paying the other guys legal fees.
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Walker Moore
Fоrum Unregular
Join date: 14 May 2006
Posts: 1,458
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11-10-2007 19:17
From: Laura Lobo I just want to know what happens. What the process is, what you have to prove and how it ended up and if it was worth it. I heard of people losing he DMCA case and actually ended up paying the other guys legal fees. It costs nothing to file a DMCA take-down notification. Nothing more than stationary and a registered letter anyway. You just have to send a signed letter containing specific information. The other party is then legally obliged to remove the disputed content.
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