Copywright Infringement that threatens all SL builders
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Laukosargas Svarog
Angel ?
Join date: 18 Aug 2004
Posts: 1,304
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04-20-2006 09:41
From: Starax Statosky This "event" has probably raised awareness of Tya's skills and her lovely club by a factor of tons. Will somebody please copy everything of mine now? So I can kick some ass and become a superstar!!! Time Magazine, here I come!! I wish I could dammit, but you already are a superstar! Now I've had a few of my ideas copied in SL, Lauks Nest being the most prominent. Imitation is the sincerest form of flattery so they say. Laugh it off and get on with your Second Life, not much else you can do really.
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Geometry is music frozen...
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Shep Korvin
The Lucky Chair Guy
Join date: 30 Jun 2005
Posts: 305
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04-20-2006 09:44
From: Nala Galatea In other words, all of SL's creations reside in San Fransisco, CA in Linden Lab's servers and therefore fall under California state law and US federal law. In addition, you'll have certain obligations under Swedish laws. For example, the fact that you performed the "physical" work to create these items in Sweden, means Swedish taxation laws apply to any income that you make. So, the slightly more complex answer to the question is.... as a foreign national, both Swedish *and* US laws can apply to your work in SL. You'll need somebody versed in Swedish business law to provide precise details on which local laws you need to worry about.
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Tya Fallingbridge
Proud Prim Whore
Join date: 28 Aug 2003
Posts: 790
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04-20-2006 10:27
From: Starax Statosky This "event" has probably raised awareness of Tya's skills and her lovely club by a factor of tons.
Will somebody please copy everything of mine now? So I can kick some ass and become a superstar!!!
Time Magazine, here I come!! Your work would be impossible to copy. You are a master builder in your own right no one in my opinion will ever come close to holding a candle to you.
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Kalel Venkman
Citizen
Join date: 10 Mar 2006
Posts: 587
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Published?
04-20-2006 10:32
From: Nala Galatea Again from the copyright office (emphasis again mine):
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* The work is first published in the United States or in a foreign nation that, on the date of first publication, is a treaty party. For purposes of this condition, a work that is published in the United States or a treaty party within 30 days after publication in a foreign nation that is not a treaty party shall be considered to be first published in the United States or such treaty party, as the case may be; or
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In other words, all of SL's creations reside in San Fransisco, CA in Linden Lab's servers and therefore fall under California state law and US federal law. But then, is creating content in a virtual environment publishing? Currently, there is a great deal of discussion as to whether material posted on the Internet in any form can be considered speech with respect to the First Ammendment. Support for this is piecemeal - copyright infringement cases involving purely web-based distribution are few and far between, and to date there haven't been any high-profile landmark cases. You'd be faced with proving five major premises: 1. that virtual reality is, in fact, a publishing medium. (So far, no strong legal precedent has been set stating that it is). 2. that the work exists in some form that identifies it as a discrete identifiable object, which considering that something in virtual reality exists only in a theoretical form, described only by patterns of bytes on a disk, or patterns of light on the screen, would be VERY difficult to do. 3. the work copied was, in fact, a distinct and unique work (hard to do, considering its similarity to real world designs and other clubs within SL itself). 4. that the person crossed the line between inspiration and plagiarism, which is a highly subjective matter, and 5. that the person MEANT to do it, which is usually nearly impossible to prove. These factors are probably why the Lindens told the presumably injured party that there wasn't a lot they could do..
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Ranma Tardis
沖縄弛緩の明確で青い水
Join date: 8 Nov 2005
Posts: 1,415
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04-20-2006 10:44
From: Tya Fallingbridge Your work would be impossible to copy. You are a master builder in your own right no one in my opinion will ever come close to holding a candle to you. You are too modest! You have to be among the best builders in Second Life!
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Tya Fallingbridge
Proud Prim Whore
Join date: 28 Aug 2003
Posts: 790
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04-20-2006 10:56
From: Kalel Venkman
These factors are probably why the Lindens told the presumably injured party that there wasn't a lot they could do..
If you are refering to me,... LL had not stated they cant not do anything
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Rez Menoptra
Registered User
Join date: 29 Nov 2005
Posts: 69
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04-20-2006 11:08
Seems to me this all would have had a very different outcome if Tya had been flattered (and seen/taken it as a compliment) that someone thought her club nice enough to mimic.
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jrrdraco Oe
Insanity Fair
Join date: 28 Oct 2005
Posts: 372
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04-20-2006 11:17
From: Billy Grace This is a link to a thread started by Tya Fallingbridge. http://forums.secondlife.com/showthread.php?p=993252#post993252
...Reports have been filed now the question is what will LL do? Will they do the right thing and protect all of the builders in SL from this kind of BS or not? If this is allowed to stand, nothing you build is safe. Hmm, didn´t I hear "Your World. Your Imagination. Your problem." Stealing will mostly happen all the time, its up to you to sue the bandit or not, if LL wanted to deal with that issue, then probably would need to create LBI (Linden Bureau of Investigation) of sorts for there will be zillions uberduber ammount of people reporting 
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Kyushu Tiger
Registered User
Join date: 12 Nov 2005
Posts: 92
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04-20-2006 14:24
deleted, misread the original post
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Tesla Linden
Analogue
Join date: 3 Apr 2005
Posts: 208
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04-20-2006 14:38
Please note that Linden Lab will fully comply with the Digital Millennium Copyright Act (DMCA) which updates copyright law to cover Internet realities. Copyright infringing materials found within the world of Second Life can be identified and removed via Linden Lab's DMCA compliance process described here: http://secondlife.com/corporate/dmca.php
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-- Tesla Linden the 80's Linden
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DoctorEgon Spengler
Who you gonna call?
Join date: 7 Mar 2006
Posts: 92
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04-20-2006 15:06
wooot! there you go Tya. There's hope.
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Falcao Vega
Hands off the unguent
Join date: 24 Jan 2006
Posts: 66
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04-20-2006 15:07
Tesla, that worked as a sign of LL awareness, but nothing more.
To be real about this, what's the point?
--The point isn't to walk that line between RL and SL laws and digital best IP practices for the millionth time. --The point isn't to plumb that freshman art school subject of 'ripoff / quote / sourcing /originality. --The point isn't to make judgments on the relative quality of the two builds--what the hell does that matter?
None of these issues is going to be solved, no matter that a few SL luminaries, yea their radiance visible from orbiting satellites and angels, raise their eyebrows.
The point is to shame those who, as well as we can objectively say such a thing, have been dishonest and violated their own conscience. Simply put, that's all we can do.
By now, is there enough outrage? Well, it's probably time that Tya moved on and not wallowed in negative emotions. I for one, however, have seen enough to steel my opinions of those involved, and that's not saying nothing, because reputation is a calling card. It's a small situation, but even I'm not so uninterested or new not to have seen the Pahoa/Proko thread and realize that it's a spark such as this that can start something good.
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Billy Grace
Land Market Facilitator
Join date: 8 Mar 2004
Posts: 2,307
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04-20-2006 15:44
From: Rez Menoptra Seems to me this all would have had a very different outcome if Tya had been flattered (and seen/taken it as a compliment) that someone thought her club nice enough to mimic. Stealing is supposed to be flattering? Get a grip. pfft
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I find it rather easy to portray a businessman. Being bland, rather cruel and incompetent comes naturally to me. John Cleese, 1939 -
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Billy Grace
Land Market Facilitator
Join date: 8 Mar 2004
Posts: 2,307
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04-20-2006 15:48
From: jrrdraco Oe Hmm, didn´t I hear "Your World. Your Imagination. Your problem." Stealing will mostly happen all the time, its up to you to sue the bandit or not, if LL wanted to deal with that issue, then probably would need to create LBI (Linden Bureau of Investigation) of sorts for there will be zillions uberduber ammount of people reporting  From: Tesla Linden Please note that Linden Lab will fully comply with the Digital Millennium Copyright Act (DMCA) which updates copyright law to cover Internet realities. Copyright infringing materials found within the world of Second Life can be identified and removed via Linden Lab's DMCA compliance process described here: http://secondlife.com/corporate/dmca.phpjrrdraco… hmmm… perhaps you would like to rethink that crap you just wrote? Double pfft to you
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I find it rather easy to portray a businessman. Being bland, rather cruel and incompetent comes naturally to me. John Cleese, 1939 -
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Billy Grace
Land Market Facilitator
Join date: 8 Mar 2004
Posts: 2,307
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04-20-2006 16:16
From: Eata Kitty snip...
And er... Digital Architecture? I think you've got the wrong interpretation, unless I missed parts I think it's meant as in digital systems design. oops... see above and try again! 
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I find it rather easy to portray a businessman. Being bland, rather cruel and incompetent comes naturally to me. John Cleese, 1939 -
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Billy Grace
Land Market Facilitator
Join date: 8 Mar 2004
Posts: 2,307
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04-20-2006 16:20
From: Argent Stonecutter Copyright doesn't actually provide much, if any, protection from "lookalike" products or models. So long as they're not using any trademarked logos or designs, and so long as they implemented their version from scratch, there's pretty much nothing you can do about lookalikes. And you can get pretty damn close even with trademarks. There's a coffee shop down teh street from here called "Doubleshots" that has a logo that's obviously based on the Starbucks logo, and the name is taken from a Starbucks product, but I would be surprised to find that it was a trademark infringement any more than the "Stardocks" bar in Hollywood or the "Dwellget" department store in Taco are. Copyrights? If copyright protected an overall design nobody but Frazetta would be allowed to draw barbarian heroes.  Nice story you have written here... found in the fictional section of your nearest bookstore. 
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I find it rather easy to portray a businessman. Being bland, rather cruel and incompetent comes naturally to me. John Cleese, 1939 -
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Billy Grace
Land Market Facilitator
Join date: 8 Mar 2004
Posts: 2,307
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04-20-2006 16:25
From: Ranma Tardis I do not think that layout is something that can be copy written. snip... ummm... nope... try again From: Ranma Tardis I do not see Linden Labs getting involved in this. It is sort like copyright on the layout of a car or a toilet room.
oops... wrong again From: Ranma Tardis My concern is that Tya Chan is going to get herself in trouble with the Lindens. If the other posters are correct she is on shaky ground. She needs to take a deep breath and think about her actions before it is too late.
It's a tripple play!!!! Give that girl a cigar... wrong again. Deep breaths are a good idea... for you and your clan right about now.
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I find it rather easy to portray a businessman. Being bland, rather cruel and incompetent comes naturally to me. John Cleese, 1939 -
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Axel Truss
ssurT lexA
Join date: 2 Feb 2006
Posts: 251
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04-20-2006 16:32
they tried to get me to work at the rip off club...tho it wont go far as theres NO reason tog o there where other clubs acually have prizes..polly=copy=bad IMHO
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Billy Grace
Land Market Facilitator
Join date: 8 Mar 2004
Posts: 2,307
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04-21-2006 08:14
From: Axel Truss they tried to get me to work at the rip off club...tho it wont go far as theres NO reason tog o there where other clubs acually have prizes..polly=copy=bad IMHO It isn't a question of the rip off being successful or not, after 30 seconds in that piece of junk I got a headache because of the textures they chose. I am still having nightmares of star filled rooms... hehe 
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I find it rather easy to portray a businessman. Being bland, rather cruel and incompetent comes naturally to me. John Cleese, 1939 -
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Ranma Tardis
沖縄弛緩の明確で青い水
Join date: 8 Nov 2005
Posts: 1,415
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04-21-2006 08:23
From: Billy Grace ummm... nope... try again oops... wrong again It's a tripple play!!!! Give that girl a cigar... wrong again. Deep breaths are a good idea... for you and your clan right about now. Cant you give up on this? Your crying is becoming a real nuisance. Also I am not a drug addit so please no cigar for me! Oh are you making a threat againt me and my friends? What have I done to you or to your "spouse" Tya? Oh, have some cheese! 
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Billy Grace
Land Market Facilitator
Join date: 8 Mar 2004
Posts: 2,307
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04-21-2006 08:31
From: Ranma Tardis Cant you give up on this? Your crying is becoming a real nuisance. Also I am not a drug addit so please no cigar for me! Oh are you making a threat againt me and my friends? What have I done to you or to your "spouse" Tya? Oh, have some cheese!
Yawns... I remember when I had my first beer too.
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I find it rather easy to portray a businessman. Being bland, rather cruel and incompetent comes naturally to me. John Cleese, 1939 -
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Ranma Tardis
沖縄弛緩の明確で青い水
Join date: 8 Nov 2005
Posts: 1,415
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04-21-2006 09:11
From: Billy Grace Yawns... I remember when I had my first beer too. I am sorry! Here is something for you to cry into! Suppose you dont like cheese! 
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DJ Gremlin
Candy Apple DJ
Join date: 2 Jun 2005
Posts: 67
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04-21-2006 10:07
its been solved why keep bringing it up ? let it go its over with its a game enjoy the best method in solving a problem is talking to the other party like a mature person not throwing a hissy fit and bringing outsiders into it for the sole purpose of attempting to get people to say aww thats horriable *pats you on back* the last thread was closed for a reason and should of been left at that. if you really have to dwell on something to this point you may want to look at why you play second life and ask yourself if its really for you. and layouts = not copyright period you can scream and shout all you want but you dont own a copyright for said layout thats like me building a studded belt and say OH NO someone else made one they are breaking copyright. so basically just let it go its over with the club is no longer there if you cant get over it have your self some french cries 
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Ranma Tardis
沖縄弛緩の明確で青い水
Join date: 8 Nov 2005
Posts: 1,415
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04-21-2006 10:22
From: DJ Gremlin its been solved why keep bringing it up ? let it go its over with its a game enjoy the best method in solving a problem is talking to the other party like a mature person not throwing a hissy fit and bringing outsiders into it for the sole purpose of attempting to get people to say aww thats horriable *pats you on back* the last thread was closed for a reason and should of been left at that. if you really have to dwell on something to this point you may want to look at why you play second life and ask yourself if its really for you. and layouts = not copyright period you can scream and shout all you want but you dont own a copyright for said layout thats like me building a studded belt and say OH NO someone else made one they are breaking copyright. so basically just let it go its over with the club is no longer there if you cant get over it have your self some french cries  I think Billy has been banned from their sim as they have been banned from his sim. I know the other club is gone by viewing it. It is a pitty we cant work out our differences over a pint? I suppose we are going to have to have our builds approved by their lordships first? Good thing I really STINK building! My builds are not just UGLY but use too many prims 
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Billy Grace
Land Market Facilitator
Join date: 8 Mar 2004
Posts: 2,307
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04-21-2006 10:35
From: DJ Gremlin its been solved why keep bringing it up ? let it go its over with its a game enjoy the best method in solving a problem is talking to the other party like a mature person not throwing a hissy fit and bringing outsiders into it for the sole purpose of attempting to get people to say aww thats horriable *pats you on back* the last thread was closed for a reason and should of been left at that. if you really have to dwell on something to this point you may want to look at why you play second life and ask yourself if its really for you. and layouts = not copyright period you can scream and shout all you want but you dont own a copyright for said layout thats like me building a studded belt and say OH NO someone else made one they are breaking copyright. so basically just let it go its over with the club is no longer there if you cant get over it have your self some french cries What I see above reads kinda like this: From: DJ Gremlin “I'm sorry that me and my f*cktard friends copied your club and got caught. We had no intention of being caught, but we were. LL got involved and we are about to sh*t our pants so we took it down.
Being the f*cktards we are, we will in no way, shape or form apologize to Tya for shamelessly stealing from her and slandering her name when we got caught, instead we will bitch and whine about other irrelevant stuff having nothing to do with this issue.
Our entire f*cktard group thinks our sh*t doesn't stink so we will not accept any responsibility for our actions, instead we will hold our f*cktard selves blameless even though the entire SL community now knows exactly what we did.” BTW, Is it no coincidence I have never heard of you or anyone in your group? I think that THERE is still taking members, might wanna give that a try. Oh, and Ramma… I am banned from a sim I didn’t know existed till 2 days ago? The horror of it. How can I go on???? Had you and your pals started by apologizing for what you did and offer to remove it then this would have gone another way. Instead you chose to attack Tya, lie about copying the build and taking an elitist attitude. PFFT I want to applaud LL for becoming involved and supporting the many talented builders in SL. Creative talent that exists in this community needs to be protected from people like you and your clan. Bravo LL!!!!! Long live King Phillip!!!
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I find it rather easy to portray a businessman. Being bland, rather cruel and incompetent comes naturally to me. John Cleese, 1939 -
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