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Question dealing with Full Perm Issues..

3Ring Binder
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Join date: 8 Mar 2007
Posts: 15,028
02-26-2009 17:32
From: Argent Stonecutter
Ah, so ethics are based on whether you can go to jail for doing something?

don't play word twisties with me. i didn't mention ethics in my reply. i mentioned legalities.
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3Ring Binder
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02-26-2009 17:35
From: Kidd Krasner
It's the same copyright law in either case

inworld textures are protected by copyright? even if i buy it full perm, meaning the creator/seller gave me FULL permissions to do with it as i please?

it is not the same. perhaps one day virtual world content creation will have a blanket copyright law to protect it, but right now i don't believe that is the case.

if i am wrong, please correct me with legitimate resources that i can research.
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Craig Altman
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Join date: 11 Nov 2004
Posts: 131
02-27-2009 00:38
Evidently you missed the recent fuss about Marlin textures and their sale Second Life against the terms of the license given with the CD.

The Linden permissions system and the Law are not the same thing, the latter overrides the former, some component items in second life need to be sold in what you refer to as "full perms" in order that the buyer can use them as a part of items they make and sell.
Such items generally come with lincense terms, if you ignore these terms and sell in a way that violates them the copyright owner can first file DMCA against you for this, you can contest this but in doing so you sumbit to legal process from the accuser.

You seem to be implying that there is a difference between this form of licensing when used in the real world compared to when used in Second Life, there is not.
Qie Niangao
Coin-operated
Join date: 24 May 2006
Posts: 7,138
02-27-2009 00:59
Oh, I hadn't thought of that: it's possible that the thing the OP is reselling was licensed to her on terms that were a violation of some other license.

Say OP buys the right to resell ThingX from Putative Creator, but it turns out that Putative embedded some content (texture, anim, whatever) into ThingX that was licensed to only be distributed at some minimum price or not from affiliate vendors (or whatever). Now Putative has to get the OP and any other resellers to abide by the terms of *that* license.

I doubt that's what's going on in this particular case, just because the new terms don't seem likely to be inherited from such an upstream license. But it's one way someone like the OP would have no choice but to comply--and someone like "Putative" would have made a fraudulent initial contract with "OP" by selling something s/he didn't actually own in the first place.
Argent Stonecutter
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02-27-2009 05:37
From: 3Ring Binder
don't play word twisties with me. i didn't mention ethics in my reply. i mentioned legalities.
But I was asking you about ethics.
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Argent Stonecutter
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Join date: 20 Sep 2005
Posts: 20,263
02-27-2009 05:39
From: 3Ring Binder
don't play word twisties with me. i didn't mention ethics in my reply. i mentioned legalities.
But I was asking you about ethics, in response to a message where you were talking about ethics.
From: 3Ring Binder
inworld textures are protected by copyright? even if i buy it full perm, meaning the creator/seller gave me FULL permissions to do with it as i please?
How do you imagine it could be any other way? Linden Labs doesn't own the textures, they license them from the owner.
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Tiziana Catteneo
Registered User
Join date: 19 Feb 2007
Posts: 187
02-27-2009 09:37
After being kicked out of Xstreet I realized that it's a total waste of time to sell things full perm, out there is full of jail ethics people that resell your work for 1L$ but reports you if you forget a no mod map in a full perm item.

Often people forget that most of contents creators do things for fun. Who is so crazy to put his real life skills in SL for 2 bucks/day?
Briana Dawson
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Join date: 23 Sep 2003
Posts: 5,855
02-27-2009 11:27
From: Tiziana Catteneo


Often people forget that most of contents creators do things for fun. Who is so crazy to put his real life skills in SL for 2 bucks/day?


Obviously you have never logged into SL.
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Kidd Krasner
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Join date: 1 Jan 2007
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02-27-2009 11:57
From: 3Ring Binder
inworld textures are protected by copyright? even if i buy it full perm, meaning the creator/seller gave me FULL permissions to do with it as i please?

Of course they're protected by copyright. Copyright law protects virtually all original expressions of copyrightable works, and graphics and artwork are certainly copyrightable works. There are only two ways that protection can go away: either the copyright expires or the copyright owner explicitly says "I'm putting this into the public domain." Leaving it lying around unprotected where other people can copy it doesn't put it into the public domain.

When the seller (and presumed copyright owner) sets full SL permissions on something, it doesn't inherently mean you've been permission to do anything with it. It means the SL permissions system isn't being used to enforce the seller's copyright. The rights you have are determined by your contract, which is often an implied contract, along with fair use. I don't know of any cases where a court has ruled on the terms of the implied contract, but if the seller could prove they had a fair notice telling you what you could or could not do, then I think you'd have a hard time arguing that you're not bound by those terms.

From: someone

it is not the same. perhaps one day virtual world content creation will have a blanket copyright law to protect it, but right now i don't believe that is the case.

if i am wrong, please correct me with legitimate resources that i can research.

Look at any introduction to copyright law. Here's one that I found with a quick search, but haven't read fully: http://www.temple.edu/lawschool/dpost/copyrit.htm#What%20Is .
Amity Slade
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Join date: 14 Feb 2007
Posts: 2,183
02-27-2009 12:08
From: 3Ring Binder
inworld textures are protected by copyright? even if i buy it full perm, meaning the creator/seller gave me FULL permissions to do with it as i please?

it is not the same. perhaps one day virtual world content creation will have a blanket copyright law to protect it, but right now i don't believe that is the case.

if i am wrong, please correct me with legitimate resources that i can research.


I don't think that the problem is that virtual content creation needs its own set of rules. The only real difference between digital works and other works (like books) is that digital works are so much easier to copy.

That leads to an internet culture of theft- it's just so easy to copy works without permission, most internet users want to be exempt from copyright laws.

But the way it works for virtual content is really quite simple. The creator of the content starts with all rights to the content. The creator retains those rights unless explicitly giving up rights. If the creator gives up rights to a specific person by license, the licensee has all the rights to the specified work stated in the license. The license works like any other contract- the creator of a work has no special authority to unilaterally cancel the license.

Neither could the creator, once explicitly putting work in the public domain, change her mind and take the work back out of the public domain. Just like your landlord cannot change his mind about the house he's leasing to you, and tear up the lease because he wants to move back into the house or rent it to someone else.

The Second Life permissions system may exist as a means to help content owners protect content, but the permissions system is not a substitute for contract or licenses. Nowhere, in its Terms of Service or otherwise, does Linden Labs make any sort of representation that the permissions system is a subsitute for content licensing.

The fact that copyright infringement is simply easier to accomplish with digital content doesn't change the fundamental copyright principles.

The Unites States Copyright Office does have a website that it's pretty good at explaining basic copyright law.

http://www.copyright.gov/
Tiziana Catteneo
Registered User
Join date: 19 Feb 2007
Posts: 187
02-27-2009 12:10
From: Briana Dawson
Obviously you have never logged into SL.


Like you .... damn it's years you don't log in ... are you selling full perm items?
Briana Dawson
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Join date: 23 Sep 2003
Posts: 5,855
02-27-2009 12:32
From: Tiziana Catteneo
Like you .... what are you selling full perm? The things that others do?


Have you ever tried do do something just for fun instead of reselling others full perm items to make some bucks?

Are you able to rez a prim?


#1 - i do not resell full perm items

#2 - For fun i used a full sim for over a year to house residents on 1500m2 (minimum) parcels for free. I also give away all the system skirts and clothing i made in 04' for free.

#3 - I just spent 80k stocking a party yacht - for fun.

#4 - No i cannot rez prims. In fact, i have been here for 1,984 days and have never rezzed a prim. :rolleyes:

#5 - Try filling out your profile with a pic, maybe a group, maybe something in the about box that would make a person want to contact you about all that land you have for sale in your PICKS.

#6 - if you think people with professional skills do not come to SL use those skills and get a return of $2 USD a day then you HAVE NOT traveled/explored the grid enough.

Verstehen Sie?
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Briana Dawson
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02-27-2009 12:35
From: Tiziana Catteneo
Like you .... damn it's years you don't log in..

LOLWUT?

Yea, you're right..I have not logged in to SL in years. In fact, i am not logged in now watching bilboemu thank Calveen in the Cartel group chat.

No, not at all.

In fact, i am not even here...I'S IN YO INVENTORY SELLIN YO FULL PERM ITEMZ!
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Tiziana Catteneo
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Join date: 19 Feb 2007
Posts: 187
02-27-2009 12:40
From: Briana Dawson
LOLWUT?

Yea, you're right..I have not logged in to SL in years. In fact, i am not logged in now watching bilboemu thank Calveen in the Cartel group chat.

No, not at all.

In fact, i am not even here...I'S IN YO INVENTORY SELLIN YO FULL PERM ITEMZ!



you don't understand and I know that can be hard

Example: I sell a full perm item 1000 l$
You resell the same item for 100 l$


Will people buy from the thief or from the original content creator?
Dante Tucker
Purple
Join date: 8 Aug 2006
Posts: 806
02-27-2009 12:47
You people all need to chill out and learn to live the Kopimi lifestyle.

Everything is free on the internet.
Tiziana Catteneo
Registered User
Join date: 19 Feb 2007
Posts: 187
02-27-2009 12:55
From: Dante Tucker
You people all need to chill out and learn to live the Kopimi lifestyle.

Everything is free on the internet.



Yes the free lifestyle you loose hours doing things for 2 bucks/day so they can do 100000 bucks using fake bots traffic.

Sl
Tiziana Catteneo
Registered User
Join date: 19 Feb 2007
Posts: 187
02-27-2009 13:54
From: Briana Dawson
LOLWUT?
I'S IN YO INVENTORY SELLIN YO FULL PERM ITEMZ!


Sl permissions can't overrides real law copyrighz .... Brianna
Briana Dawson
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Join date: 23 Sep 2003
Posts: 5,855
02-27-2009 14:04
From: Tiziana Catteneo
Sl permissions can't overrides real law copyrighz .... Brianna

Did anyone say they did? More specifically, did i?
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Tiziana Catteneo
Registered User
Join date: 19 Feb 2007
Posts: 187
02-27-2009 14:24
Ah sure now it's not a question of ethics ... Brianna why are you still here?


Example: I sell a full perm item 1000 l$
You resell the same item for 100 l$ (becouse he is a retard having fun whit SL building things)


Will people buy from the thief or from the original content creator?


ANSWER THIS SIMPLE QUESTION
Ralektra Breda
Template Painter
Join date: 7 Apr 2008
Posts: 1,875
02-27-2009 21:48
From: Tiziana Catteneo
Ah sure now it's not a question of ethics ... Brianna why are you still here?


Example: I sell a full perm item 1000 l$
You resell the same item for 100 l$ (becouse he is a retard having fun whit SL building things)


Will people buy from the thief or from the original content creator?


ANSWER THIS SIMPLE QUESTION


I suppose it depends on the people involved. Some people are more ethical than others. If someone took your candy, Tiziana, I sincerely doubt that it was Brianna.
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3Ring Binder
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Join date: 8 Mar 2007
Posts: 15,028
02-27-2009 22:22
From: Argent Stonecutter
But I was asking you about ethics, in response to a message where you were talking about ethics.

i had already answered it. you asked the same question i had just answered... clearly (mis)leading the witness. LOL
From: someone
How do you imagine it could be any other way? Linden Labs doesn't own the textures, they license them from the owner.

after a certain time period the registered copyrighted works become public domain. and if they are not ever registered?....

as the creator, you need trademark and patent laws to secure your redistribution rights. also, depending on the country the works originated from, there may or may not be a solid copyright law in place protecting your designs in the first place. not all designers and creators in SL reside in the US. with so many variables, it would absolutely have to be considered on a case by case basis.
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3Ring Binder
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Join date: 8 Mar 2007
Posts: 15,028
02-27-2009 22:28
From: Kidd Krasner
There are only two ways that protection can go away: either the copyright expires or the copyright owner explicitly says "I'm putting this into the public domain."

this is true for registered copyrights. yes. but what of unregistered? and again, depending on the country of the creation's origin, copyright laws will vary, or even be nonexistent in some cases.
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Dante Tucker
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Join date: 8 Aug 2006
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02-27-2009 23:33
A lot of people seem to forget SL has users from more then just one country.

Lets see you try to enforce your foregn copyright on all of them.

Pretty much your only real option is to fly there and beat the user until he agrees to your demands. The government will not help you.
Qie Niangao
Coin-operated
Join date: 24 May 2006
Posts: 7,138
02-28-2009 03:03
From: Dante Tucker
A lot of people seem to forget SL has users from more then just one country.

Lets see you try to enforce your foregn copyright on all of them.

Pretty much your only real option is to fly there and beat the user until he agrees to your demands. The government will not help you.
Yet another reason to be nervous about assets leaking across grids: At least on the LL grid, the company (and hosting) is all US-based, and a DMCA just might have some effect. When a copyrighted asset finds its way to some once-trusted grid now hosted in Burkina Faso or somewhere, it really is lost forever.

(TBH, I've lost all patience with the whole MMOX interop thing. It seems just so unambitious and narrow, presupposing that the places with which SL should interoperate are so lamely similar to SL: predominantly human avatars, conventional 3D representations with 2D non-vector textures. If all we're gonna get out of the deal is more of the same with a different brand and no IP protection at all, I just don't see the point anymore. And now the interop-activists are running around trying to discourage LL from making any improvements that would complicate life for the protocols--or for the other lame grids with which they imagine interoperating. Screw it: let Zero go back to doing something that actually helps LL, and pull the plug on all this nonsense until there's actually something worth interoperating *with*.)
Dante Tucker
Purple
Join date: 8 Aug 2006
Posts: 806
02-28-2009 04:59
From: Qie Niangao
At least on the LL grid, the company (and hosting) is all US-based, and a DMCA just might have some effect.


LL are in there rights to do just about anything they want.

However as far as legal action being taken. It's impossible.

Look at The Pirate Bay. They get official letters all the time. And respond to every single one of them with "F*** off, we are in Sweden lul."

(PS. Support TPB/Kopimi/PiratbyrÄn, buy a shirt :3 http://www.bytelove.com/partners/kopimi-/-tpb/cat_3.html)
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