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Xstreet listing pulled?

Mnemi Falodir
Registered User
Join date: 14 Jul 2009
Posts: 4
01-12-2010 17:10
Oh yes, I have a rather simple question. I have been the first person to release a rather simple avatar on xstreet inspired by the movie AVATAR. It has been up for awhile but ever since professional sculpters came in and claimed they are the first ones my listing has been removed 2-3 times. I'm curious what is going on, can anyone shed light on the issue? :)
Amaranthim Talon
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Join date: 14 Nov 2006
Posts: 12,032
01-12-2010 17:14
I don't know about yours but personally have been bombarded with Na'vi skin, hair, eyes, tail clothes- etc! There must be ten at least out there on sale in-world right now if not more. That's just the notices I have received. Can't see why they would target yours-
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Mnemi Falodir
Registered User
Join date: 14 Jul 2009
Posts: 4
01-12-2010 17:18
Ya for whatever reason they haven't even told me the reasons for it's removal. It's completely legit and doesn't have anything that could be claimed as copy right infringed. It's not an exact replica infact my skin eyes, hair, shape are completely modifiable meaning the buyer can do as they please. Tell that to the huge makers with their exact ripoffs. :p
Ann Otoole
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Join date: 22 May 2007
Posts: 867
01-12-2010 17:44
From: Mnemi Falodir
Ya for whatever reason they haven't even told me the reasons for it's removal. It's completely legit and doesn't have anything that could be claimed as copy right infringed. It's not an exact replica infact my skin eyes, hair, shape are completely modifiable meaning the buyer can do as they please. Tell that to the huge makers with their exact ripoffs. :p


Tell me. Would you have thought of this had Cameron's life work not been put on the movie screen at a cost of 500 million dollars and been so popular?
Joshooah Lovenkraft
Just Joshin'
Join date: 28 Dec 2007
Posts: 1,376
01-12-2010 18:25
How exactly was your product described in your listing? Was there any reference to the movie? I think LL is taking a much more pro-active approach on XStreet, than in-world, in removing content they believe might be infringing on brands. It's easier for them to search for it on Xstreet I would suppose and probably rely more on stuff getting AR'd/DMCA'd in-world. I think a bunch of Hello Kitty stuff was delisted not so long ago. I have noticed Avatar avs being sold on Xstreet don't stay up for very long although it is kinda funny how LL does use the movie to its own advantage on its website: http://secondlife.com/whatis/avatar/

Also take a look here with regards to branding guidelines: https://www.xstreetsl.com/modules.php?name=Content&pa=showpage&pid=22
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In-world: http://slurl.com/secondlife/Fordham/178/19/63
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Kidd Krasner
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Join date: 1 Jan 2007
Posts: 1,938
01-12-2010 18:39
From: Mnemi Falodir
Ya for whatever reason they haven't even told me the reasons for it's removal. It's completely legit and doesn't have anything that could be claimed as copy right infringed. It's not an exact replica infact my skin eyes, hair, shape are completely modifiable meaning the buyer can do as they please. Tell that to the huge makers with their exact ripoffs. :p

It doesn't have to be an exact replica in order to be copyright infringement. The ability of the buyer to modify is irrelevant to the question of copyright infringement.
Mnemi Falodir
Registered User
Join date: 14 Jul 2009
Posts: 4
01-12-2010 18:52
Not one bit of it was mentioned as being a copy, only implied it was inspired by that particular movie. However I did list it as a na'vi avi. That is all.
Ann Otoole
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Join date: 22 May 2007
Posts: 867
01-12-2010 18:54
How about answering my direct easy to comprehend question.
Joshooah Lovenkraft
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Join date: 28 Dec 2007
Posts: 1,376
01-12-2010 18:59
From: Mnemi Falodir
Not one bit of it was mentioned as being a copy, only implied it was inspired by that particular movie. However I did list it as a na'vi avi. That is all.


If you read the link I posted above with regards to Xstreet branding guidelines, I think you'll find your answer there.
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In-world: http://slurl.com/secondlife/Fordham/178/19/63
Xstreet: https://www.xstreetsl.com/modules.php?name=Marketplace&MerchantID=103499
Innula Zenovka
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Join date: 20 Jun 2007
Posts: 1,825
01-12-2010 19:04
@Ann -- I sort of doubt many of the creators of Star Wars stuff in SL -- 46 pages on Xstreet -- would have hit on the idea independently of George Lucas' franchise, any more than would the makers of goods advertised as being to do with Gor have got the idea without help from John Norman.

I'm sorry, but I don't really see the point of the question.
Ann Otoole
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Join date: 22 May 2007
Posts: 867
01-12-2010 19:14
From: Innula Zenovka
@Ann -- I sort of doubt many of the creators of Star Wars stuff in SL -- 46 pages on Xstreet -- would have hit on the idea independently of George Lucas' franchise, any more than would the makers of goods advertised as being to do with Gor have got the idea without help from John Norman.

I'm sorry, but I don't really see the point of the question.
I want to know the answer. Would this person have thought of this had someone else not paid five hundred million dollars to develop the IP?
Joshooah Lovenkraft
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Join date: 28 Dec 2007
Posts: 1,376
01-12-2010 19:14
From: Mnemi Falodir
... my listing has been removed 2-3 times.


I'd also be careful with trying to continuously relist your items as well, given that it probably violates the branding guidelines.

There is a ton of stuff on Xstreet that probably violates those guidelines as well, but given the large amount of press right now for the Avatar movie, I'm sure they are looking out for this stuff specifically.
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In-world: http://slurl.com/secondlife/Fordham/178/19/63
Xstreet: https://www.xstreetsl.com/modules.php?name=Marketplace&MerchantID=103499
Innula Zenovka
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Join date: 20 Jun 2007
Posts: 1,825
01-12-2010 19:44
From: Ann Otoole
I want to know the answer. Would this person have thought of this had someone else not paid five hundred million dollars to develop the IP?
Probably not, any more than would the makers of stuff on xStreet inspired by, for example, Star Wars or Gor stuff have thought of their things were it not for George Lucas or John Norman.

However, unless you're suggesting that James Cameron's lawyers are considerably more active than are those of George Lucas or the estate of John Norman (though I suppose his estate is possibly less bothered about such things than are George Lucas or James Cameron) we're still none the wiser, nor better informed, about why xStreet is apparently so more sensitive to possible breaches of Mr Cameron's IP than are they to all the other stuff sold there that's apparently in breach of someone's intellectual property rights.

Why do you think xstreet apparently hold the view it's OK to rip off George Lucas' ideas but not James Cameron's?
Rene Erlanger
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Join date: 28 Sep 2006
Posts: 2,008
01-12-2010 19:46
From: Ann Otoole
I want to know the answer. Would this person have thought of this had someone else not paid five hundred million dollars to develop the IP?


Fickle Fee had those sort of Fantasy Elven blue colour skins with scales, way before AVATAR was ever announced or released as a Film.
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Milla Janick
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01-12-2010 19:47
From: Mnemi Falodir
However I did list it as a na'vi avi. That is all.

That is unquestionably a copyright infringement.
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Rene Erlanger
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01-12-2010 19:52
From: Mnemi Falodir
Not one bit of it was mentioned as being a copy, only implied it was inspired by that particular movie. However I did list it as a na'vi avi. That is all.


That's were you went wrong...the naming.
Ditch the name "na'vi"......call it "Blue skin AVATAR" instead.....i think potential customers can work it out from there. :)
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Mnemi Falodir
Registered User
Join date: 14 Jul 2009
Posts: 4
01-12-2010 19:55
You see that is the strange part, why was mine removed and everyone elses still standing? Is it not just as easy as to swipe every avatar there in xstreet from the listing?
Rene Erlanger
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Join date: 28 Sep 2006
Posts: 2,008
01-12-2010 20:00
From: Mnemi Falodir
You see that is the strange part, why was mine removed and everyone elses still standing? Is it not just as easy as to swipe every avatar there in xstreet from the listing?



Maybe they did not reference the name or the film
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Ann Otoole
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Join date: 22 May 2007
Posts: 867
01-13-2010 01:16
From: Rene Erlanger
Maybe they did not reference the name or the film

how can anyone list an avatar for sale anymore if the word Avatar to describe these characters has become a reserved word? Same problem awaits the folks selling alice in wonderland avatars come april when Disney GOMs it all with their version of the movie.

Oh and there were humans in that movie. Are all human avatars now screwed? Apparently not. Just blue skinned elves wearing gorean looking outfits.

As for star wars stuff there has been many a post from an angry coattail rider complaining about LL taking their stuff down. They point out Lucas encourages fandom to no avail. Yet some people seem to get a pass from LL and seem exempt. Doesn't justify anything but the fact Lucas doesn't chase fandom with lawyers should be a consideration.

There are always certain people that LL never goes after. Everyone knows about it. Which is why the right thing to do is get the IP owner involved so LL has no choice in the matter and all of it comes down.
Qie Niangao
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01-13-2010 01:52
http://online.wsj.com/article/SB10001424052748703436504574640623301172810.html
Dekka Raymaker
thinking very hard
Join date: 4 Feb 2007
Posts: 3,898
01-13-2010 01:58
I just mentioned Warhol (not even Andy Warhol) in a Xstreet description and it was removed.
Kara Spengler
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Join date: 11 Jun 2007
Posts: 1,227
01-13-2010 03:59
From: Ann Otoole
Are all human avatars now screwed? Apparently not. Just blue skinned elves wearing gorean looking outfits.


Hopefully not, one of my alts has been wearing a blue elf skin and robin hoodish clothing for more than a year now.
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Darkness Anubis
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01-13-2010 05:39
I am just waiting for the "AVATAR causes suicides" to morph into SL causes suicides to hit the media and a new rash of shock journalists infiltrating us with thier garbage.
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Innula Zenovka
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Posts: 1,825
01-13-2010 05:48
From: Ann Otoole
how can anyone list an avatar for sale anymore if the word Avatar to describe these characters has become a reserved word? Same problem awaits the folks selling alice in wonderland avatars come april when Disney GOMs it all with their version of the movie.
That bit I don't see. The difference is that the movie na'vis' appearance is an original piece of work; James Cameron told someone what they should look like and the artist has sat down and designed them for him. In contrast, because of the time since Lewis Carrol's and Sir John Tenniel's deaths, the text, characters and Tenniel's visualisation of them are all firmly in the public domain. The specific costumes and make-up in Tim Burton's interpretation will be copyright, certainly, but that's as far as it goes. Complaints about Alice in Wonderland avatars and costumes really would have to be considered on a case-by-case basis.

The answer to your question, "would this person have thought of this had someone else not paid five hundred million dollars to develop the IP?" would, in the case of Alice in Wonderland, be "Quite possibly, yes, but we'll have to take a closer look at the movie stills, the descriptions in the book and the Tenniel illustrations, and those of other artists whose interpretation of Alice is now out copyright, and at the details of the item complained about, to decide".
From: Ann Otoole

As for star wars stuff there has been many a post from an angry coattail rider complaining about LL taking their stuff down. They point out Lucas encourages fandom to no avail. Yet some people seem to get a pass from LL and seem exempt. Doesn't justify anything but the fact Lucas doesn't chase fandom with lawyers should be a consideration.

There are always certain people that LL never goes after. Everyone knows about it. Which is why the right thing to do is get the IP owner involved so LL has no choice in the matter and all of it comes down.
Sure, it's up to the IP owner. I'm just wondering why LL takes one stand with some works and a completely different one with others. If it's that they've been told by Cameron's lawyers that they'll go after all apparent breaches of copyright, then fair enough; that I can understand, and LL should simply warn people of that fact. But if it's that someone at LL just takes the view that Cameron's lawyers are a far nastier bunch than are Lucas', then I'm not so sure.

I'd certainly rather the matter were decided by the IP holder rather than by someone at LL trying to guess what the IP holder's views might be, and, since LL can't reasonably be expected to determine, of all items, whether they're likely to present problems, my gut feeling is that it's probably best for LL to wait for the lawyers to complain and then accede to their requests, publishing the "dos and don'ts" they've been given, so people know where they stand. Though I don't know if it could be argued in a Californian court that LL ought to exercised some sort of due diligence before listing the items.. I just raise that as a possibility.

Has the OP asked any of the other sites, like slapt.me, if they'll list the items, I wonder.
Joshooah Lovenkraft
Just Joshin'
Join date: 28 Dec 2007
Posts: 1,376
01-13-2010 05:55
From: Darkness Anubis
I am just waiting for the "AVATAR causes suicides" to morph into SL causes suicides to hit the media and a new rash of shock journalists infiltrating us with thier garbage.


lol I read that article :p
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In-world: http://slurl.com/secondlife/Fordham/178/19/63
Xstreet: https://www.xstreetsl.com/modules.php?name=Marketplace&MerchantID=103499
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