Second Life Forums Archive - 1.6 and the DMCA

Liona Clio

Angel in Disguise

Join date: 30 Aug 2004

Posts: 1,500

03-31-2005 11:12

I noticed that one of the new Terms of Service in 1.6 is an addendum about the Digital Millenium Copyright Act. This is a quote from the website:

From: someone

Linden Lab will respond to copyright violations that fall under the restrictions of the Digital Millennium Copyright Act (see below for links to DMCA text) via removal or disabling access to the alleged copyrighted material. Reasonable and good faith efforts will be made to contact the Second Life resident with notification that the reported item was affected.

What exactly does this mean for the new features of 1.6? With the advent of video streaming, I would love to be able to show things like TV episodes, cartoons, music videos, etc...and yes, even movies. But I'm scared to do so, as it seems that any of this could be reported as abuse to Linden Labs.

Then again, there's another thread on the forums that talks of a showing of 'Godzilla' on the preview grid. I'm pretty sure that this movie is protected under copyright. Is there a legal way to show copyrighted material on SL? Or are we going to be left to only stream movie trailers and homemade flash animations?

_____________________

"Well, my days of not taking you seriously have certainly come to a middle."

Kali Dougall

Purple and Spikey

Join date: 5 Feb 2005

Posts: 98

03-31-2005 11:21

I predict that, like most rules in SL, enforcement will be questionable. This is probably LL protecting itself. If they don't get a bunch of abuse reports, I imagine they'll look the other way. If they notice at all.

Cienna Rand

Inside Joke

Join date: 20 Sep 2003

Posts: 489

03-31-2005 11:50

I believe this is putting something into writing which has already been the case. As for the new features, the movie never existed on Linden's servers. SecondLife performs as nothing more than a viewer application for streaming video and audio. The DMCA takedown applies to items hosted on Linden's server, i.e. in-world items that infringe.

_____________________

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Michi Lumin

Sharp and Pointy

Join date: 14 Oct 2003

Posts: 1,793

03-31-2005 12:14

This is normal. SL, as a service provider in the US, has to comply with serving DMCA takedown notices.

Keep in mind that a takedown notice is not neccessarily a binding legal accusation, or any sort of conviction. it simply states that one party believes you are infringing on their copyright, and has reasonable evidence to do so. The takedown notice can be used in later proceedings as evidence of due diligence. But the notices in themselves do not do much. The notices can be refuted, keep in mind it's a good idea to have strong counter-evidence if you do so, since if the case ever did go to court, you could be held liable for the content of your refutation. Same goes for the notice. If you file one falsely, it could be used against you legally if the situation escalated.

But in general, they are a formality, which the DMCA requires *ALL* internet service providers to abide by. LL is covering all of their bases since they are, for the most part, classed as an ISP.

Liona Clio

Angel in Disguise

Join date: 30 Aug 2004

Posts: 1,500

03-31-2005 15:44

Well, I understand that LL is covering itself legally, and that we have ono idea how strictly will it be enforced...

What I want to know is what is legal to show on a video stream and what is not. Because all it takes is some asshat griefer to file an abuse report with LL. And While I will be disappointed if I can't use video streming to share shows and stories that I like with my friends...I'm not interested in losing my SL account over it, either.

_____________________

"Well, my days of not taking you seriously have certainly come to a middle."

DoteDote Edison

Thinks Too Much

Join date: 6 Jun 2004

Posts: 790

03-31-2005 17:44

Basically, you can legally show video content if you own the rights, the rights are public domain, or you've obtained permission from the rights-holder. So you're safe to show your home movies, your personal webcam, NASA-TV, or your friend's webcam if you have permission from your friend.

Just about everything else would be in violation of copyright. You can't legally show (without permission):

broadcast television (some stations stream to their website)
cable/satellite television (HBO/ESPN/Discovery/Pay-per-view)
VHS/DVD movies which you've purchased
TiVo'd television shows

As for DMCA takedowns... even though the content isn't hosted or streamed through SL or LL servers, the address to the content IS hosted on their servers. So, the DMCA takedown request would ask that LL remove the media URL from your land.

1.6 and the DMCA
Liona Clio Angel in Disguise Join date: 30 Aug 2004 Posts: 1,500	03-31-2005 11:12 I noticed that one of the new Terms of Service in 1.6 is an addendum about the Digital Millenium Copyright Act. This is a quote from the website: From: someone Linden Lab will respond to copyright violations that fall under the restrictions of the Digital Millennium Copyright Act (see below for links to DMCA text) via removal or disabling access to the alleged copyrighted material. Reasonable and good faith efforts will be made to contact the Second Life resident with notification that the reported item was affected. What exactly does this mean for the new features of 1.6? With the advent of video streaming, I would love to be able to show things like TV episodes, cartoons, music videos, etc...and yes, even movies. But I'm scared to do so, as it seems that any of this could be reported as abuse to Linden Labs. Then again, there's another thread on the forums that talks of a showing of 'Godzilla' on the preview grid. I'm pretty sure that this movie is protected under copyright. Is there a legal way to show copyrighted material on SL? Or are we going to be left to only stream movie trailers and homemade flash animations? _____________________ "Well, my days of not taking you seriously have certainly come to a middle."
Kali Dougall Purple and Spikey Join date: 5 Feb 2005 Posts: 98	03-31-2005 11:21 I predict that, like most rules in SL, enforcement will be questionable. This is probably LL protecting itself. If they don't get a bunch of abuse reports, I imagine they'll look the other way. If they notice at all.
Cienna Rand Inside Joke Join date: 20 Sep 2003 Posts: 489	03-31-2005 11:50 I believe this is putting something into writing which has already been the case. As for the new features, the movie never existed on Linden's servers. SecondLife performs as nothing more than a viewer application for streaming video and audio. The DMCA takedown applies to items hosted on Linden's server, i.e. in-world items that infringe. _____________________ You can't spell have traffic without FIC. Primcrafters (Mocha 180,90) : Fine eyewear for all avatars SLOPCO (Barcola 180, 180) : Second Life Oil & Petroleum Company Landmarker : Social landmarking software Conversation : Coming soon!
Michi Lumin Sharp and Pointy Join date: 14 Oct 2003 Posts: 1,793	03-31-2005 12:14 This is normal. SL, as a service provider in the US, has to comply with serving DMCA takedown notices. Keep in mind that a takedown notice is not neccessarily a binding legal accusation, or any sort of conviction. it simply states that one party believes you are infringing on their copyright, and has reasonable evidence to do so. The takedown notice can be used in later proceedings as evidence of due diligence. But the notices in themselves do not do much. The notices can be refuted, keep in mind it's a good idea to have strong counter-evidence if you do so, since if the case ever did go to court, you could be held liable for the content of your refutation. Same goes for the notice. If you file one falsely, it could be used against you legally if the situation escalated. But in general, they are a formality, which the DMCA requires ALL internet service providers to abide by. LL is covering all of their bases since they are, for the most part, classed as an ISP.
Liona Clio Angel in Disguise Join date: 30 Aug 2004 Posts: 1,500	03-31-2005 15:44 Well, I understand that LL is covering itself legally, and that we have ono idea how strictly will it be enforced... What I want to know is what is legal to show on a video stream and what is not. Because all it takes is some asshat griefer to file an abuse report with LL. And While I will be disappointed if I can't use video streming to share shows and stories that I like with my friends...I'm not interested in losing my SL account over it, either. _____________________ "Well, my days of not taking you seriously have certainly come to a middle."
DoteDote Edison Thinks Too Much Join date: 6 Jun 2004 Posts: 790	03-31-2005 17:44 Basically, you can legally show video content if you own the rights, the rights are public domain, or you've obtained permission from the rights-holder. So you're safe to show your home movies, your personal webcam, NASA-TV, or your friend's webcam if you have permission from your friend. Just about everything else would be in violation of copyright. You can't legally show (without permission): broadcast television (some stations stream to their website) cable/satellite television (HBO/ESPN/Discovery/Pay-per-view) VHS/DVD movies which you've purchased TiVo'd television shows As for DMCA takedowns... even though the content isn't hosted or streamed through SL or LL servers, the address to the content IS hosted on their servers. So, the DMCA takedown request would ask that LL remove the media URL from your land.

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1.6 and the DMCA