Copied Content Creators Fighting Back

I've been struggling with trying to draft suitable copyright jargon for Particle Textures (of course). What a weird can of worms that's turning into.

Textures are copyrightable images. Asset UUID Keys are not copyrightable... or if they are LL holds that copyright because they issue asset keys to us when we upload content.

I want to allow people buy license to use my particle textures in their works... on the condition that they don't share the asset uuid key for the particle texture.

I'm not sure if an asset key should be considered a 'trade secret' or whether it's legit to base copyright license upon compliance with a Non-Disclosure Agreement.

Would it make sense to re-upload a texture several times and if one of the asset uuid keys gets compromised have LL void the image tied to that key? Anyway. So many questions.



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Oh and Warren- With reasoning like that, one could argue that murder is legal, because everyone is going to die eventually anyway. Don't mix 'enforcible' with 'legal'. There are many illegal distinctions that often don't hold up in court. It doesn't make them permissible, just more difficult to punish and prevent.

intellectual property
–noun
Law. property that results from original creative thought, as patents, copyright material, and trademarks. (dictionary.com) (Property implies something tangible by definition, however this has been debated)

cop·y·right /ˈkɒpiˌraɪt/ Pronunciation Key - Show Spelled Pronunciation[kop-ee-rahyt] Pronunciation Key - Show IPA Pronunciation
–noun
1. the exclusive right to make copies, license, and otherwise exploit a literary, musical, or artistic work, whether printed, audio, video, etc.: works granted such right by law on or after January 1, 1978, are protected for the lifetime of the author or creator and for a period of 50 years after his or her death.

(dictionary.com) (I don't believe content in SL qualifies as video, but electronic / the artistic argument can be open to debate (there are hundreds of versions of the allegedly stolen items / are they creative or just products?)

pat·ent /ˈpætnt or, for 10, 12–15, ˈpeɪt-; especially Brit. ˈpeɪtnt/ Pronunciation Key - Show Spelled Pronunciation[pat-nt or, for 10, 12–15, peyt-; especially Brit. peyt-nt] Pronunciation Key - Show IPA Pronunciation
–noun
1. the exclusive right granted by a government to an inventor to manufacture, use, or sell an invention for a certain number of years.
2. an invention or process protected by this right.
3. an official document conferring such a right; letters patent.
4. the instrument by which the government of the United States conveys the legal fee-simple title to public land.
5. patent leather.
–adjective patent(for 10, 12–15.)
6. protected by a patent; patented: a patent cooling device.
7. pertaining to, concerned with, or dealing with patents, esp. on inventions: a patent attorney; patent law.

(dictionary.com) (most of these definitions involve the words invention or process to create the invention / I hope these content creators have legal patents on their creations that are not pending) (they would probably have to be very detailed describing each step in the individual process they made this product in SL) (is an SL skin, shape, hair an invention by now?)

trade·mark /ˈtreɪdˌmɑrk/ Pronunciation Key - Show Spelled Pronunciation[treyd-mahrk] Pronunciation Key - Show IPA Pronunciation
–noun
1. any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or sold by others. A trademark is a proprietary term that is usually registered with the Patent and Trademark Office to assure its exclusive use by its owner.
2. a distinctive mark or feature particularly characteristic of or identified with a person or thing.
–verb (used with object)
3. to stamp or otherwise place a trademark designation upon.
4. to register the trademark of.

(dictionary.com) (these come fairly cheap as I understand it - the creators on the prosecuting side claim to have them)

THE TERMS OF SERVICE - DUN DUN DUN!

3.2 You retain copyright and other intellectual property rights with respect to Content you create in Second Life, to the extent that you have such rights under applicable law. However, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification, to Linden Lab and to other users of Second Life.

Users of the Service can create Content on Linden Lab's servers in various forms. Linden Lab acknowledges and agrees that, subject to the terms and conditions of this Agreement, you will retain any and all applicable copyright and other intellectual property rights with respect to any Content you create using the Service, to the extent you have such rights under applicable law.

(this seems to state that a creator retains intellectual property over their creation...Under Applicable Law. It doesn't say if it is actually legal to copyright or patent anything in SL) (it also states that a creator must make representations and warranties, which could be seen as a warning about legally patented items, it also could be seen as a contract requirement in advance before the purchase of an item) (indemnification means compensation, it states that content creators can be held accountable for compensation to LL and the purchasers, lol)

This also comes from Section 3.2

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

(what catches my eye is the "as permitted by you through your interactions on the service" making items transfer can be seen as irresponsibility and relinquishing of copyrights through the creator's own actions. The article says the way the defendant copied these items was an obvious glitch in the system. If it was common knowledge the creators were negligent in not making the items ---> no copy, no mod, no transfer)

Also in section 3.2

You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and Linden Lab will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Service, including without limitation any legal consequences relating to your intellectual property rights

(hopefully they understand that the TOS does not grant the creators LEGAL copyrights, intellectual property rights, trademark rights etc)


3.3 Linden Lab retains ownership of the account and related data, regardless of intellectual property rights you may have in content you create or otherwise own.

You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data Linden Lab stores on Linden Lab servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of Linden Lab.

(this seems to be an attempt to protect LL from lawsuits in the event of "property" confiscation from the creators) It also seems to be a contradiction of the above statements within the TOS - make up your minds, are you awarding Intellectual Property rights or aren't you? and can you legally do so?)



There is no precedent in a case such as this I believe. The content creators may be bringing negative attention to LL even though a glitch in their system perpetrated this fiasco. It may be in everyone's best financial interest to just drop this case. I wish LL would just terminate/suspend the offender's account and investigate this matter. Who knows...perhaps they didn't give LL enough time to react.

(prec·e·dent /n. ˈprɛsɪdənt; adj. prɪˈsidnt, ˈprɛsɪdənt/ Pronunciation Key - Show Spelled Pronunciation[n. pres-i-duhnt; adj. pri-seed-nt, pres-i-duhnt] Pronunciation Key - Show IPA Pronunciation
–noun
1. Law. a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases.

"3.3 Linden Lab retains ownership of the account and related data, regardless of intellectual property rights you may have in content you create or otherwise own.

You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data Linden Lab stores on Linden Lab servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of Linden Lab.

(this seems to be an attempt to protect LL from lawsuits in the event of "property" confiscation from the creators) It also seems to be a contradiction of the above statements within the TOS - make up your minds, are you awarding Intellectual Property rights or aren't you? and can you legally do so?)"

what this means is that you own the idea, but LL owns the information in its digital form, I think. I own the the script for my radio show, for example, but the studio owns the actual recording of the show.

SJ

Good point. LL may delete your script by accident or on purpose. The idea is still legally owned by the studio provided you can prove it if necessary. (hopefully all of your eggs are not in one basket....your inventory)