Madison Talon

My friend went to another friend's Halloween party this weekend.
Some other guest took photos of said friend.
She then used her to make up a cartoon.......

EncoreSeraphine.com - Misplaced Decimal

Can she be ARd for this or anything?

Madddyyy Schnook

I can decide if this is real or just an attempt at some sort of humor. To address the OP then NO they can not AR as its not hosted on a Linden Site.

And now back to reality.

Isablan Neva

Reality is highly overrated. That's why we're all here.

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Amity Slade

I can't find a ToS provision that is violated.

Section 7.4 gives anyone the right to take snapshots of anything in Second Life and use them pretty much any way they wish. An exception would be if the snapshot was taken in an area that was not "publicly accessible"- essentially, someone took the picture on land when that person was forbidden entry through the land controls.

Section 7.4 also incorporates by reference the Snapshot and Machinima Policy, which states that a land owner can probit the taking of Snapshots by posting in the land Covenant that taking of Snapshots on that land is prohibited.

The Snapshot and Machinima policy grants the right to the one taking the Snapshot to modify the Snapshot, leaving it pretty much open that the snapshot can be modified in any way.

Evola

No. When you hit the "I agree" button accepting the TOS these are the licensing terms you agree to.

Linden Lab Official:Snapshot and machinima policy - Second Life Wiki

I also don't see how it's harassment, I thought it was obvious the captions were of someone speaking outside of the shot, not the cheerleader herself, and that it was satire re: getting hit on by some (presumably) guy looking to score.

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Inhandra

I wasn't aware the snapshot policy was so open. Makes one wonder why people get so hostile whenever the camera sound is heard...

Amity Slade

I doubt many people are aware of the snapshot policy. I wasn't until I looked to respond to this thread.

And even those who have read it probably didn't imagine it allowed, for example, someone taking a snapshot of your avatar and then editing it in the manner shown in the OP's link.

The ToS is written in terms if your granting others the right take snapshots of your content. You may not make the immediate connection that your avatar is content- if you're like me, you think of your avatar as a person, not a combination of geometry and textures.

Camille Serpentine

It may not be against the TOS, but if you're going to use someone's image in something - cartoon, advertising - it is nice to ask first or at least mention it.

Ann Otoole

I'm sure a defamation lawyer would find something to sue over provided the person who felt they were wronged did not speak or write the material presented as quotes. I doubt the case would be taken on contingency though.

But that isn't related to the TOS.

Evola

That does go a long way imho

Beathag McMahon

I like your friend's cheerleader costume.

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Katheryne Helendale

Awesome costume, by the way.

However, having studied that cartoon long and hard, I still cannot tell who that is in the comic, at all. Given the complete lack of identifying information on the strip, nobody who doesn't already know who she is and what she was wearing is ever going to know. Even if this was posted on LL's own domain where the TOS would be enforceable, I highly doubt this would have been an infraction.

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Innula Zenovka

Are you? Our libel laws in the UK are considerably more friendly to the complainant than are their equivalents in most jurisdictions, but I can't see anything getting very far over here. Whose reputation has been damaged and in what way?

Off the top of my head, the only way I can see it working is if you take the avatar as being something like a trademark or logo; by defaming the "Ann Otoole" avatar I cost the RL person behind "Ann" money through lost sales of virtual goods sold by "Ann Otoole," but that's pretty speculative, anyway, and I can't see it applying in this matter. For one thing, when I saw the cartoon, I took the quotes as her being propositioned by someone "off camera," as it were.

infiniview Merit

In real life if your out in public the rules are pretty much the same. This is why celebrities are often followed by mobs of photographers. I am not sure about the satire part of it.

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Ann Otoole

You missed the point. The hint was a lawyer might take the case but not on contingency. Meaning you could pay a lawyer to file the suit. I'm sure they would take your money even though odds of a win are exceedingly remote.

Ahh SLoap Operas. What would we do without them.

Joshua Nightshade

You have to understand that Ann's default response to everything from "someone ripped and copybotted my entire store, what should I do?" to "I got an IM from someone I didn't know, what should I do?" is to get a lawyer on retainer.

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Innula Zenovka

My mistake. Sorry. But I can't even see what libel someone could allege.

Oh well, if they did, they would doubtless be sent the traditional reply in such matters, on the lines of,

Hana

First I don't know anyone involved in this so my take could be entirely wrong... But..

Reading past 'comics' of hers [Seraphone] I don't really think the "creator of the comic" was trying to be insulting with the cheerleader.

I thought the author of the comic was more making a jab at herself (Sera/the author/speaker/off camera) and not insulting the cheerleader.

But I usually suck at humour stuff so who knows.

Just, reading the past comics of hers they seem to be more a commentary on "herself" than anything else.

I took the cheerleader one to be more "hopeful hitting on" than anything else. That is the author/person off camera, hoping to get lucky with the cheerleader in a "Will this be the one to finally say yes?" sort of way.

--
That said, at least one of the people commenting on the blog seemed to be a bit rude.

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Pussycat Catnap

In RL you -can- sue for misappropriation of your likeness, in certain contexts.

I'm at a loss as to whether or not this would be one -IF- that had been a RL photo. Most photos of people after all are perfectly ok. I think it only applies when you state or infer that the person of the likeness used condones or advocates your message. IE: I take a photo of you holding up or standing near my product (by chance), and use it to advertise my product. Or even photoshop my product into your hands.

BUT...

This isn't a RL photo, no real live person's likeness has been appropriated. And there is no attribution claiming some person advocates the message.

So I don't think there is any recognizable wrong here.

At the best it could be claimed to be harassment, but that only if there was some clear indicator of who the person in the image was and if it was somehow demeaning that person.

cala

This. Look through any number of her historical comics. If the imagined/remixed comments are coming from the avatar pictured, they will always have the "arrow" of the text bubble pointing to the av. Comic panels that involve text "coming from offscreen" then they describe comments coming from an unseen person, as in this case. Seraphina isn't trying to suggest that these are statements that Riley would make, but instead some she might hear.

This comic is fairly normal for her work, showing an attractive av just having fun, and an unseen "antagonist" - like this or this. It's just her art/humor style, and a nod to how beautiful you are.

Lordfly Digeridoo

I'm pretty sure a lawyer not on the internet wouldn't take "The Case of the Unfunny Webcomic" without at least a dozen martinis.

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Beebo Brink

I've been pondering this and considering what my response would have been before finding out that the woman dressed as the cheerleader (who I know inworld) objected to the post.

First impression is that it's a mildly amusing satire of SL men who randomly proposition every woman they meet in hopes of getting lucky some day.

I didn't take it as a slam against the woman in the frame, and I thought she looked awfully cute as a cheerleader. That being said, I have no idea if there's some bad history between the blogger and Riley that would have led to a different interpretation of motive for the cartoon. But regardless, it would be common courtesy to ask permission to use someone's photo, although it's not strictly something you HAVE to do.

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Serendipity

I think the whole incident is soooooooooooooooo unimportant I am going shackle shopping :-)

Darkley

I think you are making a big hoo-ha about nothing, nobody can tell it was 'your friend' and i doubt it's a well known comic

you have drawn attention to it to be honest

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Midi Reifsnider

I don't get the comic, I have no idea what it's supposed to mean, it makes no sense. It might even be intended to be flattering.

The comments are pretty bitchy, but I don't think the person that made the comic can be held responsible for that.

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