Second Life Forums Archive - WoW

FD Spark

Prim & Texture Doodler

Join date: 30 Oct 2006

Posts: 4,697

08-08-2007 20:18

Yeah I was bit confused myself. I figured it was because they guy was using a easily recognized named and selling similar products.
But one of the down sides of creating content in SL is if the person has the talent or resources they can literally reproduce anything that is seen but few of us have resources to actually sue over this so majority get away with it. Also if they don't get caught often its because its hard to know what other people are doing if you're busy with your own stuff, unless someone points out so and so has similar product as them.

Maggie McArdle

FIOS hates puppies

Join date: 8 May 2006

Posts: 2,855

08-09-2007 00:43

From: Ava Glasgow

From the article:
I thought providing fake ID info to LL was enough to get your account banned.

that should tell you that this guy is a genius. and by the time ll bans that account he will have six others waiting in the wings....can we say cc verification please?

_____________________

There's, uh, probably a lot of things you didn't know about lindens. Another, another interesting, uh, lindenism, uh, there are only three jobs available to a linden. The first is making shoes at night while, you know, while the old cobbler sleeps.You can bake cookies in a tree. But the third job, some call it, uh, "the show" or "the big dance," it's the profession that every linden aspires to.

Maggie McArdle

FIOS hates puppies

Join date: 8 May 2006

Posts: 2,855

08-09-2007 00:51

From: Angelique LaFollette

Pity people can't be adult enough to solve their own problems or take responsibility for their own lives Instead of resorting to lawyers.

"Q: What do you call 500 lawyers buried up to thier shoulders in manure?
A: A critical shortage of manure"
~Folk Wisdom, Author Unknown~

Angel.

responsibility and the internet do not mix well.....

/me sits back and waits for ikea and dania to go at it in the courts

_____________________

There's, uh, probably a lot of things you didn't know about lindens. Another, another interesting, uh, lindenism, uh, there are only three jobs available to a linden. The first is making shoes at night while, you know, while the old cobbler sleeps.You can bake cookies in a tree. But the third job, some call it, uh, "the show" or "the big dance," it's the profession that every linden aspires to.

Goosey Gealach

Where'd my 'yo' go?

Join date: 12 Sep 2006

Posts: 80

08-09-2007 01:51

From: Nathan Childs

It is my understanding it is not the fact that the beds are copied that matters but rather how simillar the copy is.

Nope. The means of copying is entirely irrelevant. It would have to be to be consistent with the copyright law for every other medium.

Alex Fitzsimmons

Resu Deretsiger

Join date: 28 Dec 2004

Posts: 1,605

08-09-2007 02:33

From: SqueezeOne Pow

/me is not surprised.

You really are just a troll seeking to irritate people, aren't you?

No, no. Please don't bother to answer; I won't care or be looking for your reply anyway.

Instead, why don't you turn on your precious voice and go chat with the five other people in SL who're using it right now?

_____________________

"Whatever the astronomers finally decide, I think Xena should be considered the enemy planet." - io Kukalcan

Nicholas Lyndhurst

Registered User

Join date: 19 Oct 2006

Posts: 62

For the Record.....

08-09-2007 02:36

From: SqueezeOne Pow

Section 2: Defendant(blah blah blah) has been making and selling, and continues to make and sell numerous unauthorized copies of Eros's virtual products within Second Life using EROS'S TRADEMARK IN VIOLATION OF THE LANHAM ACT and the Copyright Act.

Section 26: Beginning no later than in or about April, 2007, defendant has made and sold, using the Mark, numerous unauthorized copies of the Items, and derivative works pased on the Items, within Second Life in interstate commerce to Second Life users in locations such as Georgia, West Virginia and Great Britain. IN connection with the sales of the unauthorized copies of the Items, Defendant has misrepresented the copies as authorized and legitimate copies of the Items created by Eros, resulting in actual consumer confusion regarding the origin of the copies.

Looks like we were both right...although I doubt they'd win on the copyright side of things.

One thing that's interesting, though, is this...

Section 19: On or about June 11, 2007, Eros filed an application to obtain federal trademark registration, for the Mark with the US Patent and Trademark Office.

Section 23: On or about June 25, 2007, Eros filed applications for copyright registrations for Item 1 and Item 2 with the US Copyright Office.

I wonder if the knock-off guy is going to get out of it because the items weren't copywritten or trademarked until after the fact? What about the fact that they haven't actually GOTTEN their TM and copyright applications accepted yet?

I work for Stroker.

1) SexGen, which is the software used in SexGen products was Copyrighted and Trademarked in 2005. The recent re-filing was to transfer the rights from Stroker personally to his company Eros LLC.

2) The item that is the subject of this case is not a bed. It is the single prim base that contains the SexGen software which is linked to a bed or any other item such as a table. We are actually talking about software copyright here.

3) The item being sold by Volkov was NOT a SIMILAR product it was a byte for byte identical digital copy, right down the the textures on the packaging.

4) The case is for both Copyright and Trademark infringement. I believe that in bringing this case he is making a stand for the honest content creators of SL who are increasingly seeing their creative talents abused.

5) We actively, but not aggressively, try to stop the use of the SexGen trademark as a generic term. This is done to prevent customers from being mislead as well as to protect the trademark itself. In most cases people are happy to comply with our request immediately. If we have to keep reminding the same person or they refuse to desist then we will follow up with an AR to LL and ultimately legal action if neccessary.

6) As others have mentioned, Stroker is a "Good Guy". He actively takes part in charity work in SL and is generous to good causes with both his skills and financially.

Rocketman Raymaker

Registered User

Join date: 4 Feb 2007

Posts: 530

08-09-2007 02:55

Slingo vs Zyngo anyone?

_____________________

"Proud member of the anti-ginko busy body committee"

Persephone Milk

Very Persenickety!

Join date: 7 Oct 2004

Posts: 870

08-09-2007 05:22

From: Nicholas Lyndhurst

3) The item being sold by Volkov was NOT a SIMILAR product it was a byte for byte identical digital copy, right down the the textures on the packaging.

Thank you for coming in and clearing this up Nicholas.

From: Nicholas Lyndhurst

6) As others have mentioned, Stroker is a "Good Guy". He actively takes part in charity work in SL and is generous to good causes with both his skills and financially.

He really is a good guy. I have known him for a couple of years and deeply admire his generosity and his creativity.

In so many ways, what Stroker is doing right now, by bringing this claim, is giving a gift to all of the creators within Second Life and the larger metaverse as a whole. This is a battle that I have neither the means nor time to wage myself, yet every day my own products are exposed to the same potential for exploitation and theft. If Stroker proves his claim and wins this case, all of us will benefit from the resulting case law.

There is nothing virtual about products in Second Life. This is software. Illegally duplicating it is piracy. This needs to be established and I hope this case helps.

_____________________

~ Persephone Milk ~

Please visit my stores on Persenickety Isle
Musical Alchemy - Pianos, harps and other musical intruments.
Persenickety! - Ladies Eyewear, Jewelry and Clothing Fashions

WoW
FD Spark Prim & Texture Doodler Join date: 30 Oct 2006 Posts: 4,697	08-08-2007 20:18 Yeah I was bit confused myself. I figured it was because they guy was using a easily recognized named and selling similar products. But one of the down sides of creating content in SL is if the person has the talent or resources they can literally reproduce anything that is seen but few of us have resources to actually sue over this so majority get away with it. Also if they don't get caught often its because its hard to know what other people are doing if you're busy with your own stuff, unless someone points out so and so has similar product as them.
Maggie McArdle FIOS hates puppies Join date: 8 May 2006 Posts: 2,855	08-09-2007 00:43 From: Ava Glasgow From the article: I thought providing fake ID info to LL was enough to get your account banned. that should tell you that this guy is a genius. and by the time ll bans that account he will have six others waiting in the wings....can we say cc verification please? _____________________ There's, uh, probably a lot of things you didn't know about lindens. Another, another interesting, uh, lindenism, uh, there are only three jobs available to a linden. The first is making shoes at night while, you know, while the old cobbler sleeps.You can bake cookies in a tree. But the third job, some call it, uh, "the show" or "the big dance," it's the profession that every linden aspires to.
Maggie McArdle FIOS hates puppies Join date: 8 May 2006 Posts: 2,855	08-09-2007 00:51 From: Angelique LaFollette Pity people can't be adult enough to solve their own problems or take responsibility for their own lives Instead of resorting to lawyers. "Q: What do you call 500 lawyers buried up to thier shoulders in manure? A: A critical shortage of manure" ~Folk Wisdom, Author Unknown~ Angel. responsibility and the internet do not mix well..... /me sits back and waits for ikea and dania to go at it in the courts _____________________ There's, uh, probably a lot of things you didn't know about lindens. Another, another interesting, uh, lindenism, uh, there are only three jobs available to a linden. The first is making shoes at night while, you know, while the old cobbler sleeps.You can bake cookies in a tree. But the third job, some call it, uh, "the show" or "the big dance," it's the profession that every linden aspires to.
Goosey Gealach Where'd my 'yo' go? Join date: 12 Sep 2006 Posts: 80	08-09-2007 01:51 From: Nathan Childs It is my understanding it is not the fact that the beds are copied that matters but rather how simillar the copy is. Nope. The means of copying is entirely irrelevant. It would have to be to be consistent with the copyright law for every other medium.
Alex Fitzsimmons Resu Deretsiger Join date: 28 Dec 2004 Posts: 1,605	08-09-2007 02:33 From: SqueezeOne Pow /me is not surprised. You really are just a troll seeking to irritate people, aren't you? No, no. Please don't bother to answer; I won't care or be looking for your reply anyway. Instead, why don't you turn on your precious voice and go chat with the five other people in SL who're using it right now? _____________________ "Whatever the astronomers finally decide, I think Xena should be considered the enemy planet." - io Kukalcan
Nicholas Lyndhurst Registered User Join date: 19 Oct 2006 Posts: 62	For the Record..... 08-09-2007 02:36 From: SqueezeOne Pow Section 2: Defendant(blah blah blah) has been making and selling, and continues to make and sell numerous unauthorized copies of Eros's virtual products within Second Life using EROS'S TRADEMARK IN VIOLATION OF THE LANHAM ACT and the Copyright Act. Section 26: Beginning no later than in or about April, 2007, defendant has made and sold, using the Mark, numerous unauthorized copies of the Items, and derivative works pased on the Items, within Second Life in interstate commerce to Second Life users in locations such as Georgia, West Virginia and Great Britain. IN connection with the sales of the unauthorized copies of the Items, Defendant has misrepresented the copies as authorized and legitimate copies of the Items created by Eros, resulting in actual consumer confusion regarding the origin of the copies. Looks like we were both right...although I doubt they'd win on the copyright side of things. One thing that's interesting, though, is this... Section 19: On or about June 11, 2007, Eros filed an application to obtain federal trademark registration, for the Mark with the US Patent and Trademark Office. Section 23: On or about June 25, 2007, Eros filed applications for copyright registrations for Item 1 and Item 2 with the US Copyright Office. I wonder if the knock-off guy is going to get out of it because the items weren't copywritten or trademarked until after the fact? What about the fact that they haven't actually GOTTEN their TM and copyright applications accepted yet? I work for Stroker. 1) SexGen, which is the software used in SexGen products was Copyrighted and Trademarked in 2005. The recent re-filing was to transfer the rights from Stroker personally to his company Eros LLC. 2) The item that is the subject of this case is not a bed. It is the single prim base that contains the SexGen software which is linked to a bed or any other item such as a table. We are actually talking about software copyright here. 3) The item being sold by Volkov was NOT a SIMILAR product it was a byte for byte identical digital copy, right down the the textures on the packaging. 4) The case is for both Copyright and Trademark infringement. I believe that in bringing this case he is making a stand for the honest content creators of SL who are increasingly seeing their creative talents abused. 5) We actively, but not aggressively, try to stop the use of the SexGen trademark as a generic term. This is done to prevent customers from being mislead as well as to protect the trademark itself. In most cases people are happy to comply with our request immediately. If we have to keep reminding the same person or they refuse to desist then we will follow up with an AR to LL and ultimately legal action if neccessary. 6) As others have mentioned, Stroker is a "Good Guy". He actively takes part in charity work in SL and is generous to good causes with both his skills and financially.
Rocketman Raymaker Registered User Join date: 4 Feb 2007 Posts: 530	08-09-2007 02:55 Slingo vs Zyngo anyone? _____________________ "Proud member of the anti-ginko busy body committee"
Persephone Milk Very Persenickety! Join date: 7 Oct 2004 Posts: 870	08-09-2007 05:22 From: Nicholas Lyndhurst 3) The item being sold by Volkov was NOT a SIMILAR product it was a byte for byte identical digital copy, right down the the textures on the packaging. Thank you for coming in and clearing this up Nicholas. From: Nicholas Lyndhurst 6) As others have mentioned, Stroker is a "Good Guy". He actively takes part in charity work in SL and is generous to good causes with both his skills and financially. He really is a good guy. I have known him for a couple of years and deeply admire his generosity and his creativity. In so many ways, what Stroker is doing right now, by bringing this claim, is giving a gift to all of the creators within Second Life and the larger metaverse as a whole. This is a battle that I have neither the means nor time to wage myself, yet every day my own products are exposed to the same potential for exploitation and theft. If Stroker proves his claim and wins this case, all of us will benefit from the resulting case law. There is nothing virtual about products in Second Life. This is software. Illegally duplicating it is piracy. This needs to be established and I hope this case helps. _____________________ ~ Persephone Milk ~ Please visit my stores on Persenickety Isle Musical Alchemy - Pianos, harps and other musical intruments. Persenickety! - Ladies Eyewear, Jewelry and Clothing Fashions

Welcome to the Second Life Forums Archive

WoW