Skye Arbizu

For infringement of Gala's IP....probably not going to happen as this is a civil court matter. Getting any significant damages is going to be difficult enough.

For filing false / fraudulent copyrights, DCMA notices, and civil claims....doubtful unless there is a prosecutor who really cares. Even then the burden of proof in criminal court is substantially higher than civil court.

Anyways I've been following this for a while, and though I generally support balanced rights between IP rights holders and users (e.g. I believe reasonable personal use rights for users should allow me to ignore no-mod and delete the crappy scripts in my shoes and hair while coloring them pink if I so choose), this isn't personal use, fair use or even a case of two competitors arguing over who came up with a 'box' in SL first.

This is a case of outright theft and fraud, nothing more, nothing less. That someone can steal your work, pass it off as their own, then get your work banned such that you now have to spend significant time and money to get it restored is scary.

SalStrange

Add one more nail to the coffin.

Blaze Columbia just got back from SL hiatus and left a comment on my earlier blog post about this issue. As I said previously, it was fairly well known that he was partnered to Hush (as VV) back in the day. The most important part of the comment from my point of view:

"...I witnessed her create her first skin in late 2009..."

Eboni Khan

Gawd this story has everything, now we have a scorned lover.

SalStrange

I know it's human nature to find humor in the tragedy of dark events, but it's so much worse than just a soap opera trope, really.

We're now realizing this woman has used one person emotionally and destroyed another person's livelihood to get what she feels she's entitled to.

It's just too awful

Adora

On a random, frivolous note - why is it always the evil bitches who get the expensive gifts? Lol

Eboni Khan

When people are so eager and willing to spill their guts in the comments of a blog post, I find it hard to take them seriously. What kind of person does that? And what kind of person takes that kind of person seriously?

The "she wasn't who she said she was" could have just been she sent old pictures and had gained 50lbs. Doesn't prove she was evil, but this is the perfect situation to seek revenge if you felt you have been wrong for whatever reason. Well played sir.

This certainly falls into soap opera territory at this point. All we need is Victor Newman, JR Ewing, or Stefano Dimera to step out from the shadows with a muahahaha.

eku Zhong

i disagree...
its more like plan 9 from outer space...
after Legusi died and they had to have a stand in cover his face with his arm for the shots that he was in ..

the topic is dead really until we hear/or not .. the RL conclusions from Gala

I have no idea why it keeps getting night of the living dead treatment.




well i do but i will be polite enough not to say..

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SalStrange

The other one must be asleep.

eku Zhong

the other what?

eku Zhong

to be quite honest, Sal.. and i think you realise it too..
you have milked this thread completely dry..
youre going to have to come up with another traffic inducing topic if youre feeling counter withdrawal on your blog.

Chandra Masala

We never sleep, even when people necropost threads to advertise their blogs.

eku Zhong

enter sockpuppets in 3... 2.... 1.....

SalStrange

There we go.

Ann Launay

Plurk rumor says Hush has now added Belleza to her list of ripped skins.

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Irina Forwzy

Doesn't surprise me. I think she's ripping the grid and will then try to claim them all as hers in her weird dementia. I really am starting to think she's not just a bitch, she's crazy and scary.

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Adora

Hopefully Tricky has copyright sorted so at least she can't pull a repeat of her shenanigans. Anyone know if dmca has been filed? (couldn't find anything on a quick google)

Really, I hope her computer blows up. Seems like nothing else will stop her.

Irina Forwzy

Any news on this situation? I haven't been able to pay much attention lately.

Eric Knox

Nothing that I've heard. But if she's ripping off Belleza now, she has definitely lost her mind, since Belleza is fairly well known.

If this nut tries to copyright Belleza's skins, I can see this being their downfall.

Tonks Mann

curio was a huge name in women's skins as it was.

Sian Pearl

I am given to understand that the One Voice event more than met its target in terms of funds. I don't actually know more than that.

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SalStrange

I'll share the most common sense conclusion I can draw from the public silence, which is what I've been telling people who contact me.

After talking to Stroker and a few people who have experienced international copyright battles, it seems likely that both parties are currently in a negotiation phase which means they are probably being advised not to make any public statements.

Because of the huge expense involved in federal court proceedings, judges will expect there to have been a demonstrated attempt to find resolution prior to advancing the case. Making public statements during negotiation could be viewed as hindering the process later. There's nothing Gala could say that doesn't paint Hush in a bad light (which would make any attempted negotiation seem disingenuous), and there's nothing Hush can say because, well, of the reality of the situation. Hush tried to make a public statement once, and when others pointed out that reality didn't match her statement, she removed it. Hush making any more public statements would open her up to more public questioning. As much as many of us would welcome the opportunity to make her account for herself, it's not going to happen. Bullies are cowards; you can't do much else with them.

My guess is that Hush will drag out everything she possibly can to try and drain Gala's funds in the hope that she can bully Gala into settling. It's not unusual for negotiation phases to last months. Gala's fundraiser reached just over the minimum goal and her primary source of income was co-opted by the person who forced her into this groundless civil battle. Hush's best hope is to force a position where Gala can't afford to continue.

joebear

the thing i find oddest about this situation is that the person accused of copybot has seemingly more legal resources and funds than the person that was copybotted. at least until the fundraiser for curio.

this would be understandable if the copybotted person wasn't a well known designer, with a seemingly good income from sl.

i also always thought of most top sl designers as folks that, even if they weren't professionals, they often had other sources of income from doing photo editing or some sort of game design work, or could earn additional money from at least custom work in sl.

i'm not saying there's something fishy with the story, hush could have swindled her family into paying her legal bills or something.

there's definitely more to all this and i hope we hear it one day! also if some kind of deal is struck where parties agree not to discuss the settlement, i'll not be too surprised, but i'll be very disappointed.

Mabb Dilweg

That's a couple of pretty naive statements there

A seemingly good income in SL is subsistence in RL and given the kind of tools you need to create good content, not without costs. As a generality, I'd say it's more typical that long-term/large product base SL creators do not have another source of income and that is why they have the time to create that large product base, AND why something like this actually hurts them in a very real way. I do believe that is the case with Gala (seem to recall seeing this somewhere) and I know it's true for several of my favourite creators.

I suspect you will also find that many of the most well-known SL creators are self-taught naturals although I do know quite a few who have a graphic design background.

IT is a demanding field to work in, and often comes with crazy hours and long days/weekends meeting deadlines. Game design is the craziest of all. Making a go of any kind of business in SL is extremely time-consuming. I had to make a choice myself in the end... my beloved SL club or my job that pays the rent and all that other stuff.

It would be extremely difficult to hold down a full-time job in any kind of related creative field AND be a prolific (original) SL creator releasing new stuff every week/month, as those who are successful do. Unless you don't sleep that is. Or have a life.

Of course, the person with more money may have some other income since they appear to NOT spend a lot of time carefully crafting original products. And they may have a partner who is footing the bills. You might be surprised at how many SL creators are single parents.

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The Roar of the Lions' Coming Together will echo around the World.
The Glory of Their Union will Light up the Firmament;
And as the Faithful rejoice, those who did not Believe shall be stricken, and burn in the Fires of Envy.
The Book of Awesome, Revelations 7:18

sallyanne

i say there miight be something fishy its not all as it seems IMO. as for income i've said it before i'll say it again anyone who relys on SL for main income is a idiot it aint going to pay the bills forever. there are not many folks who really do make a decent living off SL creation there are a really small number who actually do, there are some who make out they do, some who subliment welfare, some who make nothing and some who make pocket monies and plenty what dont even break even.Hush could have any number of RL resouce she could be wealthy for all anyone knows obviously money isnt a prob for her she isnt going to jail for this. she has some sort of point to make or she would of bailed on this case already

joebear

There are a handful of creators that make a very good living off of sl. I believe Stiletto Moody has made over $1M and I'm sure some other shoe makers, skin designers and hair makers have pulled in $250K in a year. If Curio didn't, she's really doing something wrong with her level of quality products.

I personally know a middle of the road creator in terms of talent that has some marketing ability that pulled in US$60,000 last year, she made nothing special, me-too products priced under 100 L.

As for paying for the tools you need to create good content, ha! I've never met a creator that paid for the more expensive creator tools. Honestly, most of them pirate photoshop and 3D programs of their choice, have access to a heavy student discount, or use an open source alternative. Many of the programs are simply cost prohibitive to learn, so open source or pirating is what they do, there's little other choice. I imagine once they make money they probably buy photoshop, but other then that, they fly the jolly roger or OS flags for the most part.