(EDIT: The original thread was at: http://forums.secondlife.com/showthread.php?p=1338376)
So just for my information as much as yours:
1. I posted a thread with the below content.
2. You moved my post to a mass copybot thread: /139/23/148893/1.html#post1334492
3. I started a thread bringing it to your attention that this happened.
4. You deleted THAT thread instead of answering it.
5. I am now asking you why and also requesting that you please answer the question.
Thanks! I know you guys are busy, but this seems more intentional if anything. I hope it was just an honest mistake LOL.
FYI:
On YOUR DMCA page it clearly states:
After filing a valid DMCA complaint, having the content removed by you, Linden Lab, I contacted Linden Lab regarding additional content that the alleged same individual reposted in-world. Reading the statement in RED below, I can see that LL does not allow content to be reposted by the alleged offending individual once it has been removed by Linden Lab.
Do you terminate accounts based on DMCA claims? If Linden Lab believes that a user of Second Life is continually abusing the DMCA process, either with filings that appear to be without basis, or by continually re-posting content that is the subject of valid DMCA notifications, we may exercise our right to terminate the abusing party's account. Keep in mind though, that Linden Lab's actions still do not determine the substantive outcome of copyright disputes. Copyright matters are real-world rights, governed by real-world systems.
After contacting Linden Lab, I was given the following response in part:
However, regarding this notice, it is indeed the same material
referenced in your DMCA notice dated 7/12/06 - and as you pointed out in
that email, you already have a pending copyright dispute regarding the
same material with the same alleged infringer. And that alleged
infringer has responded to your DMCA notification with a
counter-notification. And as I understand it, you two are pursuing your
issues in the court system. At this point, Linden Lab will wait for
rulings or orders from this litigation regarding any further action on
the disputed content.
So then since the content has been removed...it is OK for the other party to continue dropping the alleged infringing content wherever they please in-world?
I respoded to Ginsu, and never received any response back. So should I take that as LL is ignoring the situation? Is LL ignoring their own TOS and guidelines? What is the point of providing these guidelines if you yourself have no intention of enforcing them?
Perhaps you should change that paragraph to read:
Do you terminate accounts based on DMCA claims? If Linden Lab believes that a user of Second Life is continually abusing the DMCA process, either with filings that appear to be without basis, or by continually re-posting content that is the subject of valid DMCA notifications, we may exercise our right to terminate the abusing party's account. Keep in mind though, that Linden Lab's actions still do not determine the substantive outcome of copyright disputes. Copyright matters are real-world rights, governed by real-world systems. However, if the other party continues to post the alleged infringing object in-world we may just decide to let them do it although it says above in this same paragraph that reposting the coontent is not allowed.
So in allowing the content to continue to remain in world and continue to be rezzed in world and perhaps even be sold in world, are you then relieving the alleged infringer of their liability and responsibility to comply with the guidelines and TOS that you created?
Is Linden Lab relieving itself of its responsibility to comply with DMCA law?
If Linden Lab does not wish to be involved in copyright disputes and does not wish to engage in placing judgements on such situations where it has no jurisdiction, then why is Linden Lab allowing the questionalble content to continue to be rezzed on its servers by an alleged infringer?
Warmest regards,
M a d d y