Copycats in the SL Fashion Business

Well, proving copyright infringment is a wholey different matter than it actually happening.

However, in the case of photosourcing doing a statistical analysis on pixels is a fairly simple mathematical problem.

There's no point in arguing about matters of fact.
Copyright is very precisely defined in american law and international treaties.
http://copyright.gov/

Well, "Fair Use" can be a bit tricky sometimes.

For example, is what Google doing copyright infringement?

To clarify some existing comments:

A copyright is a statement that a person cannot plagiarize, copy, or take credit for an exact, existing work. For example, if I were to go around saying I'm the creator of Adidas shoes or wrote articles from the Miami Herald, this would be an infringement of copyright.

A trademark is essentially the advertising equivalent of a copyright. Interestingly, trademarks have a specific set of rules against the use of certain slogans or phrases.

A patent is the protection of a specific idea. Patents are of much debate, especially in the software industry, and also have special rules associated with them.

Patents exist largely to protect creators and innovators from predatory measures. However, they've been used lately by Microsoft to do the exact opposite in the software industry.

Of interest is the fact no "patents" exist within Second Life for residents, at least not "real" ones. This has been of some debate before, but I largely feel this is a good thing - because of what's happened recently with software patents.

Carry on.

Patents are against SL TOS, interestingly enough.

Though, not entirely sure LL can TOS it away, but they certainly have tried.



I wonder if the people who licensed Tringo read that.. heh.

If you're referring to Section 5.3 of the TOS, that is correct. However, you'll also note there is nothing in the TOS about where these "patents" are obtained.

In short, if a Second Life content creator or company infringed upon has managed to obtain a real patent for their work, this might apply.

And no, this has proven woefully difficult to enforce.

Not sure what you're trying to say.

The TOS is difficult to enforce? Does not stating where the patent came from make it weaker?

I don't understand.

HEY! I resemble this remark!!

hehe.. But, I still have been told my clothes are unique. For me the trick is the odd textures I use. Both photographs and funky textures that most would not imagine putting on clothing. I like the clothing I make for myself, and others like it too. So I'm happy for that much.

But I agree, the details I see by some of our clothing creators is absolutely amazing!! I am awed daily by the sheer talent we have in SL.

Enforcement of content controls is necessarily a very difficult practice. This is why you see a lot of Snoopy (and other) avatars around and being sold.

This would qualify as "fan art" if not for the fact someone can easily profit off the Lindens they make. As such, legally, this is a very gray area that is hard to set rigid guidelines and enforcement on.

yep Nicola and I both made the same dress once, hers was better tho, that was before I discovered with a little time I too can line up seams!

I actually ended up buyin hers

I bet Umber has a Shelbyvillesque counterpart.

Umber national reserves are called up. Umber central park is converted into an airbase for launching bombers. General Aimee Weber issues Saint Crispin day speech to the troops.

What if its only someone selling their own bought copy of the dress to make some Linden back? I mean ~ in There.com you could put items for sale that you have bought and didnt want to keep. I have oodles of items I would like to unload and recycle some of the money. I *think* in SLexchange they let you sell a single instance of an item too.

In most cases when this is done, it is becuase perms were released through a bug or mistake, so generally speaking, I don't like my things sold by anyone but me because I'm always suspicious of that person having additional copies.

If perms were perfect I wouldn't have a problem with it.

I'm eagerly awaiting the forthcoming pidgeon hole title and accompanying conspiracy theory

I think it should be 'La Clothes A Nostra'

Siggy.

Yes i can understand why you wouldn't want your things sold by anyone but you - however, once purchased .. it belongs to the buyer and can be resold if so desired. I am of course talking about the single item - not multiple copies obtained wrongly.

While I appreciate the thought, Kim, that dress is different than mine. I alpha'd the salmon part of the skirt, made it longer, and painted a matching jacket with necklace attached.

Many popular designers in SL use some of the same websites for photosourcing. I've seen many of the same designs I've done put out by other, long-standing designers in SL. I sell my clothing as No Transfer, or No Copy on gift requests, so I'm not really concerned with people reselling my stuff.

Well, I dunno about that, but it's sweet of you to say!

Well lets not slaughter the copyright law. There are huge complexities that are being glossed over.

Mostly that copyright protects works "fixed in a tangible medium" which arguably protects clothes. There may be a court decision that says differently, I don't know. As for why we have multiple manufacturers of skirts and chinos and such, well the reasons are myriad. However you will note that typically "standard" items of clothing are traditional and older (also I dimly recall, from my copyright class, something about form follows fucntion, so all database programs look alike). You rarely see exact reproductions of designer originals in the street, they change them.

Photosourced clothes are arguably derivative works of ther original PHOTOGRAPH (whether or not the clothes are invovlved), and therefore, with out permission may be an infringing use.

Ther is not really a set standard for how much alteration it takes to cross this line of originality. Like pornography, infingement can be an "I know it when I see it situation"

Part of the infringement laswsuit is the establishing of damages. You have to show that the harm caused you injury. Some person can have an infringing use, and it is allowed simply because enforcing the copyright is not worth the cost. Note: Disney Will Sue for any use-they are ravenous about copyrights. If you rip off disney, and put it on SL and they find out, they will sue, even if they ar wrong. Be careful of using their IP.

IP is hugelyt difficult. It is bad form to rip other players off, but it is also bad form to point fingers and accuse people of infringement without knowing the whole situation. Just because two works seem identical, does not mean the desingers ripped each other off. If there is a probloem, contact teh desingers before going public with posts about infringement on the forum.

Remember. copyright violation is a crime too. And accusing someone of commiting a crime can be libel.

well Kim since you posted my slexchange site i might as well reply in defense to myself
if i had any idea that this outfit was remotely like anyone elses i would have most assuredly not have done it. I try to make my things as original as i possible can and not copy noones ideas . but of course with as many people that is designing things in game now . im sure its going to happen on more then one occassion. but to pointly point a finger my way and say i copied? that is obsurb . you have no right to judge anyone or ASSUME that it was done on purpose

1) it's really not hard to "photosource" clothes but still make them look diffrent enough the original clothes maker wouldn't even recognize them.

2) people irl make knock off clothing all the time legally and illegally.

3) it's plain dumb to cry over somebody stealing something somebody else stole.

4) you're alot cooler if you make everything from scratch. sorry it's a fact. but you're even cooler than that if you don't make everything from scratch but it looks like you do.


i'm sure they did but all that means is LL can do Tringo in SL for free.

Wow, that sounds almost like one of the patents Microsoft keeps acquiring!

Also, people, let's not forget the different between patents and copyrights. You can patent an idea, but you can copyright an implementation of an idea. Its much harder to get a patent than a copyright.

Which is why things like Amazon patenting 1-click checkout are absolutely ridiculous.

I also know, for a fact, that many SL designers are good friends and share material resources such as texture swatches. This could also lead to similar looking items.

-Flip

Yeah, "But I thought of it first!" LOL.

Hush Newb you got the Idea from me so stop lying...LOL