Do people care about Content Creator rights?
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Yumi Murakami
DoIt!AttachTheEarOfACat!
Join date: 27 Sep 2005
Posts: 6,860
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05-08-2008 10:54
From: Cheyenne Marquez Yumi, It's not what I said, or what you perceived me to say, it's what the definition of the crime of theft says. And it says nothing requiring that the victim be permanently deprived of their property before it can be classified a theft. The crime is complete once the victim's property is taken. Correct. Let's try another example. Suppose that you catch someone who has just copied a texture of yours. They made the copy 2 seconds ago. They have yet to sell it. They have yet to give it to anyone. They have yet to do _anything_ which could affect your earnings. All they have done is make a copy. They are guilty of copyright infringement. But are they guilty of theft? What have they taken away from you? They haven't taken your earnings, or your product's value.. not yet.
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
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05-08-2008 10:56
From: Cheyenne Marquez Who cares what they call it in the mumbo-jumbo passages of a Copyright Law document? You should, since it is in those mumbo-jumbo passages of "a Copyright Law document" which gives you the rights you so ardently seeking "commitments for stricter enforcement" over. If you are going to take advantage of them, you better learn what they are and what they mean, otherwise, no one is going to take you seriously. From: someone In legal law documents involving the crime of homicide the passages consistently refer to the murderer as a defendant. That doesn't mean that the defendant is not a murderer. It just means that in this venue "as far as the law in concerned" the highly-charged declarative use of the word "murderer" is not proper. That doesn't change the fact that this person is a murderer. You are showing your ignorance there. "Homicide" is literally "the killing of another human being". It is not illegal to commit homicide. It IS illegal to commit murder. Why? Because there are justified reasons for committing homicide. Defending oneself or one's family chief among them. Murder, on the other hand, is a specific class of homicide, where there is malice and/or premeditation in the act. So, no, a person who commits homicide is not necessarily a murderer. That's why there is some serious debate among religious scholars about what one of the Ten Commandments means: "Thou shalt not kill". The original word used actually means "murder". Killing isn't necessarily evil or a sin. Murdering is. Thus, there is a BIG ideological difference between the two. Same basic principle applies to "infringement" vs "theft". From: someone Does it say in Copyright Law that infringement is not theft. I think not. "Infringer" is just a legal term used within copyright law documents to describe the crime of theft. It does not however, change the fact that it is theft. Incorrect. Copyright Law specifically defines the act of infringement as a wholly separate class of offense. Does it specifically say that "infringement is not theft", no, but it has no more need to than it does to specifically say that it is not fraud, or murder, or rape, or any other of the classes of offenses in the rest of the law. From: someone Here, for your convenience, is the legal definition of theft;
theft n. the generic term for all crimes in which a person intentionally and fraudulently takes property of another without permission or consent and with the intent to convert it to the taker's use (including potential sale). In many states, if the value of the property taken is low (for example, less than $500) the crime is "petty theft," but it is "grand theft" for larger amounts, designated misdemeanor, or felony, respectively. Theft is synonymous with "larceny." Yep, the operative word being "taking", which means "to remove from the possession of another". It doesn't apply to intangible property because there is no deprivation of the original owner of the "property" in question. *shrug* From: someone Would you also walk into public transportation buses and blow up innocent women and children? Woluldl you also walk into packed supermarkets at noon time when they are most inhabited and blow up innocent women and children. Would you also walk into churches and blow up innocent women and children? Would you Mr. freedom fighter? Ahh... so now, they aren't just "suicide bombers", they are attacking innocent civilians, too. Yeah, I suppose changing your argument in mid-stream to make you look right seems to be a valid tactic to you, but it just shows more ignorance to the rest of us. Not all suicide bombers are terrorists; some are also freedom fighters.  From: someone In some circles many denounce the title thief preferring instead to call them by the gentler and more honorable name of infringer. In other circles many people denounce the title terrorists preferring to address them by the gentler and more honorable title of freedom fighter. Well, if being a copyright infringer is so honorable, why are we bothering to discuss this? Oh, yeah, I forgot, you are just making stupid hyperbolic nonsense as a play for sympathy instead of debating the issue. Appeals to emotion are pretty vacuous ways to debate. From: someone Get it? I don't expect you to. Makes perfect sense to me. Why are you having such a problem with it? From: someone Excuses. More excuses. And yet more excuses.
*yawn* You've mounted such a monumental counter to my points. Oh, what ever shall I say in response? Zzzzzz.... From: someone I'm sure you are. Let me guess ... because everything that can be done has already been done, right?
Of course. Because everything that could be done tp combat this problem has already been done already. Congratulations! You just won the non-sequitur award of the week!  From: someone Oh, so you've never had the experience of being ripped off? But you doubt this to be an accurate gauge of how promptly they are responding overall? Not in SL, no. I have been ripped off in REAL life plenty. My doubts come from the fact that there is NO one here in authority to establish the validity of the assertion. That is all that means. If you HAVE that information, PLEASE DO share it with us all. I am not saying it doesn't exist, I am saying in absence of actual data, one assertion is no more valid than its counter. From: someone Why am I not surprised. Because you know it all already? Beats me... From: someone I suggest you keep knocking on wood. But by all means do continue to give us your point of view even though you've never actually experienced having an "infringer" copy your creation, proclaim it their creation, then release for sale at a discount price in direct competition with you. And when you file your beloved, all-encompassing, DMCA, they just simply laugh in your face and file a counter DMCA calling you a thief. Wouldn't that be ironic. You are a thief but they are infringers. Wonderful Like I said, I HAVE very much experienced infringement in RL, and I have had to take legal action against infringers who have illegally copied my software. It's never gone to court, because simply serving notice has compelled an amicable resolution every time. In that case, I really hope they do, because at that point, they can go to JAIL. Perjury is a CRIME. They can go ahead and file their counterclaim, and I will be happy to serve them with suit. If they continue infringing, then more's the better for me, because that is just that much more I can claim in damages. That's the way it works. From: someone Oh look, more excuses. God forbid you actually discuss anything.  But, then again, I can see where this is leading. You're not interested in discussing, just beating people up until they "see the light". Not gonna happen, friend.  From: someone Then let's go to them with a solid plan. Oh wait, we won't will we? Because all that can be done has already been done. Silly me. *shrug* If you say so. Wake me up when you come up with something other than hyperbole and ad hominem. From: someone Again, no one is asking you to "stop it." Effectively, yes, some people here ARE. From: someone We are asking for a commitment toward stricter enforcement measures. Fine. Define those "stricter enforcement measures". If they are feasible and effective (on the face of them), I am more than happy to support asking for a "commitment" from LL for them. Failing that, I will send the steak back to the kitchen until it is "done". You? From: someone A commitment toward stricter enforcement measures.
Not "stop it.'
Why do I get the feeling I will be repeating that again. Maybe because you like to hear yourself talk? Otherwise, no clue. From: someone And a raucous chant of "All Hail Talarus" is heard accross the world of Second Life, as the "infringers' of Second Life raise a monument in Talarus Luan's name.
You are a hero. Here's the weekly Unnecessary Moronic Ad Hominem award. Wow, two logical fallacy awards in one week! You go, girl! 
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Graphicguru Gustav
Accepts head scritchings!
Join date: 5 Oct 2007
Posts: 775
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05-08-2008 10:59
I find myself wanting to say something...but when I look back, I find I have already said it. So I will keep silent until I have something worth while to say, rather than contribute to the free for all.
I KNOW I am not a lawyer, nor do I even pretend to be...I wonder how many of you in this 'debate' really ARE lawyers? It would be interesting to see...
No, I am not better than any of you, just tired. And I really don't feel like having every word I say dissected and critiqued and cross examined. Have a good day...
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Cheyenne Marquez
Registered User
Join date: 19 Sep 2005
Posts: 940
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05-08-2008 11:04
From: Yumi Murakami Let's try another example. Suppose that you catch someone who has just copied a texture of yours. They made the copy 2 seconds ago. They have yet to sell it. They have yet to give it to anyone. They have yet to do _anything_ which could affect your earnings. All they have done is make a copy. They are guilty of copyright infringement.
But are they guilty of theft? What have they taken away from you? They haven't taken your earnings, or your product's value.. not yet. Again ... theft n. the "GENERIC TERM" for "ALL CRIMES" in which a person intentionally and fraudulently takes property of another without permission or consent and with the intent to convert it to the taker's use. The crime of theft was complete once this someone intentionally and fraudulently took my property without my permission or consent and with the intent to convert it to their use. It's really quite simple if you stop reading into it.
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
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05-08-2008 11:05
From: Cheyenne Marquez Thank you! See that wasn't so hard was it? You tell me. I have been saying the same thing since I started in this thread. Why has it been so hard for you? From: someone We are trying. Do or do not. There is no try. From: someone It is quite hard to make any head way in this regard however, when there are a "certain" group of people telling us to give up, it's impossible, and there is nothing we can do about it. I've never said everything is impossible. I said specific things people are asking for are impossible AT PRESENT, because they ARE. NO ONE has EVER told you to give up. That's your own defeatism speaking, and has nothing to do with anything anyone has said. I KEEP ASKING for these solutions. I'll ask again and again, I am sure. Stop with the stupid ad hominem and hyperbole, and GET WITH IT! Don't keep pointing fingers at everyone else and blaming them for your inadequacies. DO IT! Stop wasting time assigning blame and arguing irrelevancies. Why is that so hard for you to do? Hmmm? Or is that all you are capable of?
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
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05-08-2008 11:12
From: Rebecca Proudhon If someone creates content and registers it and it has a watermark or unigue identifier and there were guidelines that determine what is and isn't a copy, then the software would be unable to make that copy, because it would contain someone elses identifier. ..and they simply use software which doesn't respect that identifier, or they change it. From: someone And keep in mind that a huge part of the problem would just go away if there was actual deterrents including the loss of one's account for stealing content. They would have to start by just enforcing their own existing TOS in this regard, but clearly a new system would need to be built in to catch violators. That deterrent already exists. If you are caught using a tool to infringe copyright, they have said it is a ToS violation and you can lose your account over it. Why do people keep ignoring what they say? It's like "we want a commitment to stricter enforcement!", but when they make that commitment and TELL EVERYONE they have, everybody accuses them of not making the commitment. It's insane. From: someone And of course SL can't have Alts with fake Id unlinked to master accounts. The day you can come up with a system of perfect online identification, you will be rich beyond your wildest dreams. I promise! I'll even market it for you for 10% of the proceeds.
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Chip Midnight
ate my baby!
Join date: 1 May 2003
Posts: 10,231
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05-08-2008 11:15
From: Kyrah Abattoir One idea i had was that a creator could live from a "pay on release" system, basically the creator ask lets say 200000L$ for item X, as soon as the amount is reached the content creator release it for free to everybody. Of course it wouldn't bring as much money as monetizing each and every copies but since there is no reproduction cost for SL items, it only create a virtual scarcity and rely on the system "forcing" peoples to honor your digital right management system. If such a system were imposed on us I would cease creating for SL the same day. Reproduction cost and scarcity are beside the point. Should the government regulate how much profit margin something can have? Artists shouldn't give away their rights simply because technology makes ignoring them depressingly easy. Anyone who feels that something is being over charged for because the production cost is low, or that it doesn't provide sufficient freedom of use, is free not to buy it. They are not free to just take it. That mentality should never be caved in to. It deserves no concessions.
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
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05-08-2008 11:16
From: Kyrah Abattoir voted: 'Content Creators are the backbone of SL'
Prolly the only option that isn't sarcasm filled... Agreed. The poll is meaningless because it ties together tangential issues which cannot be separately supported, so you get a mish-mash of support and non-support for most of the options. Maybe I will do a better poll later, after this thread dies off, so we can keep the topic fresh. 
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Graphicguru Gustav
Accepts head scritchings!
Join date: 5 Oct 2007
Posts: 775
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Please...
05-08-2008 11:18
From: Talarus Luan Stop with the stupid ad hominem and hyperbole, and GET WITH IT! Don't keep pointing fingers at everyone else and blaming them for your inadequacies. DO IT! Stop wasting time assigning blame and arguing irrelevancies.
Why is that so hard for you to do? Hmmm? Or is that all you are capable of? And sir please be respectful of the peolpe who post on here even if you don't agree with them.
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
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05-08-2008 11:25
From: Cheyenne Marquez Again ...
theft n. the "GENERIC TERM" for "ALL CRIMES" in which a person intentionally and fraudulently takes property of another without permission or consent and with the intent to convert it to the taker's use.
The crime of theft was complete once this someone intentionally and fraudulently took my property without my permission or consent and with the intent to convert it to their use.
It's really quite simple if you stop reading into it. It's only simple in the minds of people who a) don't understand, and b) don't want to understand. Even Thomas Jefferson himself had trouble with it, and this same debate has raged since before his day. That's why, in some circles, it is called the "Jefferson Debate". I think Russell McOrmond sums it up pretty eloquently: http://www.mp3newswire.net/stories/5002/theft.html
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
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05-08-2008 11:27
From: Graphicguru Gustav And sir please be respectful of the peolpe who post on here even if you don't agree with them. When the same respect is afforded to me, I do. When it is not, I don't.
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Cheyenne Marquez
Registered User
Join date: 19 Sep 2005
Posts: 940
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05-08-2008 11:29
From: Talarus Luan You should, since it is in those mumbo-jumbo passages of "a Copyright Law document" which gives you the rights you so ardently seeking "commitments for stricter enforcement" over. If you are going to take advantage of them, you better learn what they are and what they mean, otherwise, no one is going to take you seriously. It is still word play and semantics. My god. Get over it! From: Talarus Luan You are showing your ignorance there. "Homicide" is literally "the killing of another human being". It is not illegal to commit homicide. It IS illegal to commit murder. Why? Because there are justified reasons for committing homicide. Defending oneself or one's family chief among them. Murder, on the other hand, is a specific class of homicide, where there is malice and/or premeditation in the act. So, no, a person who commits homicide is not necessarily a murderer. That's why there is some serious debate among religious scholars about what one of the Ten Commandments means: "Thou shalt not kill". The original word used actually means "murder". Killing isn't necessarily evil or a sin. Murdering is. Thus, there is a BIG ideological difference between the two. Oh so now you are going to debate the semantics between the words homicide and murder? It was just an example. Murder, homicide, someone was killed, call it what you want. What is it with you? From: Talarus Luan Incorrect. Copyright Law specifically defines the act of infringement as a wholly separate class of offense. Does it specifically say that "infringement is not theft", no, but it has no more need to than it does to specifically say that it is not fraud, or murder, or rape, or any other of the classes of offenses in the rest of the law. More semantics? From: Talarus Luan Yep, the operative word being "taking", which means "to remove from the possession of another". It doesn't apply to intangible property because there is no deprivation of the original owner of the "property" in question. Again ... theft n. the "GENERIC TERM" for "ALL CRIMES" in which a person intentionally and fraudulently takes property of another without permission or consent and with the intent to convert it to the taker's use. The crime of theft was complete once this someone intentionally and fraudulently took my property without my permission or consent and with the intent to convert it to their use. From: Talarus Luan Ahh... so now, they aren't just "suicide bombers", they are attacking innocent civilians, too. Yeah, I suppose changing your argument in mid-stream to make you look right seems to be a valid tactic to you, but it just shows more ignorance to the rest of us. Not all suicide bombers are terrorists; some are also freedom fighters.  And yet more semantics. From: Talarus Luan Like I said, I HAVE very much experienced infringement in RL, and I have had to take legal action against infringers who have illegally copied my software. It's never gone to court, because simply serving notice has compelled an amicable resolution every time.
In that case, I really hope they do, because at that point, they can go to JAIL. Perjury is a CRIME. They can go ahead and file their counterclaim, and I will be happy to serve them with suit. If they continue infringing, then more's the better for me, because that is just that much more I can claim in damages. That's the way it works. Finally, something we can both agree on. From: Talarus Luan Fine. Define those "stricter enforcement measures". If they are feasible and effective (on the face of them), I am more than happy to support asking for a "commitment" from LL for them. Failing that, I will send the steak back to the kitchen until it is "done". This is a start. It's a lot better than the crying mantra of "give up already, there is nothing we can do to stop it" we've been hearing to this point. From: Talarus Luan Here's the weekly Unnecessary Moronic Ad Hominem award. Wow, two logical fallacy awards in one week! You go, girl!  
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Cheyenne Marquez
Registered User
Join date: 19 Sep 2005
Posts: 940
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05-08-2008 11:35
From: Graphicguru Gustav And sir please be respectful of the peolpe who post on here even if you don't agree with them. Thank you Graphicguru. It's nice to see that some people still have a sense of decency and manners.
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Rebecca Proudhon
(TM)
Join date: 3 May 2006
Posts: 1,686
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05-08-2008 11:38
From: Yumi Murakami Nope. What I'm saying is that if you try to use the word "theft" - on the basis that the copying might cause a loss to the content creator - then you have to look all the way down the line of consequences to see if a loss was actually caused. And if it happens that it wasn't, then there's no "theft". "Infringement", however, happens the moment that the copy is made. No need to consider the consequences it had. It's primarily the use of the word "theft", and the belief that the key to the crime is the consequential loss, that leads to bogus defenses like the above - or the well known "they were rich anyway so they haven't really lost anything", or "they didn't lose anything because I wouldn't have bought it otherwise". Using the word "infringement" makes it clear that it's still a crime even if the victim didn't lose anything. IMO You are getting to hung in legal details that obfustacates the issue. Its really pretty simple to a content creator who finds their item being given away free or being sold by someone else, in the game environment or on SLEX and files a complaint with LL, who essentially shrugs it off and says "file a DMCA." Naturally the excuse that it is "impossible" to prevent doesn't fly. Now does SL want people to think they are that flakey and make Content Creators give up on SL, or would LL want to implement new ways to protect Content Creators? When people started getting viruses on their computer, did the computer industry, shrug it off and say, there is nothing we can do? Of course not. In the case of Sl, it is LL that sold their product, advertising that Content Creators "own" their creations. Clearly it is their responsibility to make good on their advertising. Start with all the 100% copies. Of couse there is a fine line people may claim concerning similar products and that has been argued in real world, where variopus guidelines have been established.--but at least start by preventing copybots and all items that are the exact copies being given away of sold and ban people doing it.
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
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05-08-2008 11:53
From: Cheyenne Marquez It is still word play and semantics. My god. Get over it! More semantics? And yet more semantics.
Oh, so now the tactic is to call everything "semantics" instead of "excuses". Yes, I see how everything is different now!  From: someone Oh so now you are going to debate the semantics between the words homicide and murder? It was just an example. Murder, homicide, someone was killed, call it what you want. What is it with you? Oh, I dunno, I like to debate using real words and definitions, instead of what ever I can poop out and throw at other people that makes me feel good and righteous.  From: someone Again ...
theft n. the "GENERIC TERM" for "ALL CRIMES" in which a person intentionally and fraudulently takes property of another without permission or consent and with the intent to convert it to the taker's use. Go ahead and post it again and again. It doesn't change the FACT that INFRINGEMENT is NOT THEFT. It's the law, hun. Argue with the lawmakers to change Title 17 to make it say Theft instead, and I will agree with you. Until then, I will call it what it is, and you can call it whatever you feel like which suits your own agenda. From: someone The crime of theft was complete once this someone intentionally and fraudulently took my property without my permission or consent and with the intent to convert it to their use. They never "took" it because you were never deprived of it, thus it is not "theft". I can repeat it as many times as you like, too.  From: someone This is a start. Been there since the beginning. Starting at the beginning is always a good thing.  From: someone It's a lot better than the crying mantra of "give up already, there is nothing we can do to stop it" we've been hearing to this point. QUOTE me where *I* said any such damn thing. You can't, because I didn't. Stop putting your words in my maw, otherwise, you're simply debating yourself, which is.. weird. 
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Chris Norse
Loud Arrogant Redneck
Join date: 1 Oct 2006
Posts: 5,735
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05-08-2008 11:54
From: Cheyenne Marquez Again ...
theft n. the "GENERIC TERM" for "ALL CRIMES" in which a person intentionally and fraudulently takes property of another without permission or consent and with the intent to convert it to the taker's use.
The crime of theft was complete once this someone intentionally and fraudulently took my property without my permission or consent and with the intent to convert it to their use.
It's really quite simple if you stop reading into it. But the thing you are missing, "IP" isn't really property. Once you place your "IP" in the open, you are giving your consent for others to own it. Otherwise, how do you take it from their minds? You can't.
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Cheyenne Marquez
Registered User
Join date: 19 Sep 2005
Posts: 940
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05-08-2008 11:59
From: Talarus Luan Oh, so now the tactic is to call everything "semantics" instead of "excuses". Yes, I see how everything is different now!  Oh, I dunno, I like to debate using real words and definitions, instead of what ever I can poop out and throw at other people that makes me feel good and righteous.  Go ahead and post it again and again. It doesn't change the FACT that INFRINGEMENT is NOT THEFT. It's the law, hun. Argue with the lawmakers to change Title 17 to make it say Theft instead, and I will agree with you. Until then, I will call it what it is, and you can call it whatever you feel like which suits your own agenda. They never "took" it because you were never deprived of it, thus it is not "theft". I can repeat it as many times as you like, too.  Been there since the beginning. Starting at the beginning is always a good thing.  QUOTE me where *I* said any such damn thing. You can't, because I didn't. Stop putting your words in my maw, otherwise, you're simply debating yourself, which is.. weird.  You're strange.
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Qie Niangao
Coin-operated
Join date: 24 May 2006
Posts: 7,138
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05-08-2008 12:17
Poking my nose back into this thread and seeing a long tortuous trail that seems to have advanced imperceptibly up the hill. For all the hairpin turns, I'm not seeing what's actually being proposed here, or at least not anything that's practicable in the details. But even at the highest level, I'm unclear what Linden support is being advocated. Do content creators want a path of *enforcement* distinct from DMCA? Do they need help with *detection* of copied content?
And are those particular content creators for whom this is an issue prepared to pay a substantial RL license-protection fee to LL to gain these protections, whatever they are to be--or is this another plea to spend our tier fees on something other than improving platform stability?
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Darien Caldwell
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Join date: 12 Oct 2006
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05-08-2008 12:25
If someone takes your photograph, they have committed theft of your soul. I'm sure we can all agree on that fact.  If they then sell your soul to the devil, they have made financial gain from your soul, depriving you of the profit you would have made if you had sold it yourself. Since they now have the profit you would have had, they have effectively taken that profit from you. So they really didn't steal your soul, they stole the value which is inherent in the soul. *Darien hugs her soul tightly*
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
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05-08-2008 12:28
From: Cheyenne Marquez You're strange. Thank you!  That's the nicest thing anyone has said to me all day. 
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2k Suisei
Registered User
Join date: 9 Nov 2006
Posts: 2,150
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05-08-2008 12:33
From: Darien Caldwell If someone takes your photograph, they have committed theft of your soul. I'm sure we can all agree on that fact.  Paris Hilton has proved that.
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Kyrah Abattoir
cruelty delight
Join date: 4 Jun 2004
Posts: 2,786
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05-08-2008 12:55
Since all the other intelligent peoples left the thread, i'm leaving too.
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2k Suisei
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05-08-2008 13:08
Now that the Paris Hilton fan has left the thread, I'm leaving too!
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Graphicguru Gustav
Accepts head scritchings!
Join date: 5 Oct 2007
Posts: 775
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Hang loose
05-08-2008 13:25
Don't be so hasty to leave...there are things happening behind the scenes ATM so hang loose... I almost left, but there is a new development.
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Darien Caldwell
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Join date: 12 Oct 2006
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05-08-2008 13:33
From: Kyrah Abattoir Since all the other intelligent peoples left the thread, i'm leaving too. Actually if you read a little between my sarcastic tone, you would find there is a very intelligent point there. But it does take some thought on the part of the reader. 
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