Sian Pearl

So one of my Flickr chums alerted me to this last night: Hush Skins

It appears that the creator of Hush skins got a Supreme Court injunction against the creator of Curio.

Is this news to anyone? It seems pretty serious beans.

__________________

Ann Otoole

I have no opinion on this matter but it would be more believable had they published their rl identities, addresses, and the case number(s). Otherwise it is just words on a blog. Also a supreme court ruling on a skin for SL? I need to see the published case data.

Hardware Requiem

She wrote "Linden Labs"

Orc

Someone linked this flickr to me. It shows the similarities HUSH - a set on Flickr

All I know is that curio's vendors are apprently gone without a word yet.

__________________
My flickr pictures are here http://www.flickr.com/photos/smileyorc/

Sian Pearl

Yes, you're right. I'm not good with reading this time in the morning. :shame:

I found that this morning. That's pretty similar.
Are they?

I imagine that the creator of Curio probably isn't allowed to talk about it.

Ayesha Lytton

I love Curio Skins as I'm very pale and for years they were the only brand that worked for me. Their models are all beautiful, sweet, or glamorous. Based on the blog pic the Hush skins are all darker and their models have that frowny face invisible pony rider thing going on. Ugh ugh ugh. I hope this isn't true, the Hush skins and marketing do not appeal to me at all.

__________________
Solace Beach Estates: Beautiful Residential & Commercial Land for All Budgets!
http://slurl.com/secondlife/Solace%20Beach/193/48/23

Walker

The supposed injunction refers to "Copyright Act, R.S.C. 1985, c. C-42", which is specific to Canada, so the Supreme Court in this case must be a Canadian one. Apparently you can access all of their judgements here:

CanLII - Canadian Legal Information Institute

But the only case in that database containing the term "Second Life" relates to a spousal support case in which one party was addicted to Second Life.

OrinB

lol... i wonder if they both bought or got hold of the same rl images to base their skins on?

Without more information as Ann says this is difficult to quantify and qualify as being truly factual.

OrinB

Even a google search using her quotes doesn't produce any other hits, which you'd expect if the courtcase was documented online.

Orc

I have both Hush and Curio skins, I think both are very pretty. Their faces are nothing alike and both distinctive. The Hush shapes I've seen aren't pony riders though (maybe you were looking at the flickr stream on the side? hehe) and some of the tones are pretty pale though I don't know if it goes as pale as curio. Whatever happens I'll be sad to lose either one.

Lil Hapmouche

There was some talk about this in the Skin Addiction inworld group recently, but usually facing the opposite direction, with Curio being the source and Hush being the, umm, deriving work.

According to the blog post, the court ordered to have the infringing material removed from retail venues and from within SL. Is anyone missing their purchased skins from their inventories or does this solely refer?

Using the SL nametags in the quote is certainly odd, but it's either edited on purpose for the readers of the blog or the court keeps the real personal data as part of the file, but for the sake of clarity refers to the nicknames. As long as the parties are easy to identify, there shouldn't be a problem in omitting real names.

It'll be quite a bummer, no matter what... either it could turn out to be false accusation on purpose. Or accusation without merit if both parties actually use the same base from another party. Or it would actually be true and there'd be a revival of Laq vs. Pxl or Renderosity artist vs. Minnu Palen/LeLutka. Phew.

Passionately, eh? Neutral and impartial would seem like a wiser choice.

Cerise

Yes, Curio region is closed off, and satellite location at Truth has been emptied, nothing available e.g. on MP, so something suddenly happened.

Misty Harley

The skins may still be in the people's inventory's but if a DMCA was filed, then LL has to 'remove' the content from the grid that is being sold. Counter file puts it back up and Curio would have 14 days from receipt to issue the counter file.

IIRC, LL does not have to wipe inventory's until such time a court order dictates it. DMCA main goal is to make sure the item(s) can't be sold.

So that MAY explain why the curio collection is gone (for now) as it keeps LL's safe harbor status intact by removal until counter is filed.

Either way.....



no matter what the outcome of this is....it won't be good because it's two trusted brands involved.

editing to add: if a counter file is not received...at that time LL may wipe inventories of the items because no counter file is pretty much admission of guilt. IIRC (and someone can correct me if wrong) that's why they don't generally wipe inventories until after the 14 day period. Curio Creators may be wiped then restored on counter file though. Just the rest of the users may not be until the 14 days is up.

__________________

OrinB

As i see it from the blog post, this isn't an initial DMCA claim, this is the result of a counter claim re-countered in a court! You don't need a court to file an initial DMCA.

Amelia Freund

I for one have never heard of Hush skins until now

Misty Harley

yeah went back and read it again....looked at first to be a claim then I think you are right, it's a counter of a claim but hell, it's confusing.

If it's a counter of a claim then aren't both put back up or no? I think that's what confuses me. Usually it runs like:

claim = in world take down of vendors
counter claim = put back up of venders
court finalization = either full take down grid wide or the opposite gets taken down or none gets taken down depending on outcome

Faithless Babii

Hush Skins
oops sorry didnt see that had already been posted

__________________
http://pureeggsspam.wordpress.com/

Vaelissa Cortes

Linden Lab has a terrible habit of not ever removing infringing items from the database after DMCAs.

__________________
Need a good Second Life shape guide? Click here!

Elysium Hynes

Curio took down their vendors both at their shop and a satelite one a couple of days ago, there has been no official anoucement from Curio, except from a very rude CSR calling thw owner of Hush several derrogatory terms on a plurk, which totally exploded yesterday about this.

Also the invisible pony rider and fish face has to do with shape not skin.

__________________
I have a blog with stuffs in it Sium
You can also check my Flickr or my Pinterest for event covering.

Faithless Babii

Hush do have a very very pale skin tone also...and you dont have to wear the shape supplied..I rarely do, I always wear my shape with both Curio & Hush. I havent found Hush's marketing to be full of "pony rider" types tbh either. Hush also do some great monthly gifts..some of which have been sets of skins...great way to try them for free on your own shape.

OrinB

Yes, i see this as what is happening. With Curio doing things in their power as soon as possible. If the court order is also given to the Lab it might take a little more time for the rest of the action to be completed and as an outside party they may have a different timescale to work to.

Without a whole court transcript or even a judgement summary any talk is just speculation. We don't even know if LL were listed as a party who needs to comply with the outcome

Andromeda Rage

I've been wearing Curio skins on and off for years, this is somewhat disturbing to say the least.

Ayesha Lytton

I got confused by their Flickr...many of the links on the blog go to it, the photos on the right column.

Really not sure what to think about all this...the images in the comparison pic look similar, but not the same. The faces look very different. It just seems unbelievable to me that someone would rip a skin and then go on to sell it as a huge popular brand. I thought most rippers were trying to get/share stuff for free or maybe make some fly by night L$ on marketplace.

Also very scared that I could lose all my Curio skins in inventory. They were all I wore for 3 years. I don't wear them as much anymore but I have at least 6 complete sets from her including one bought in the past 6 months. That's a LOT of money invested.

Elysium Hynes

Tbh i wouldnīt have given this a second thougth if Curio hadnīt closed their shops. I did find weird the shops being closed for like two days now, and the reason given was, technical difficulties, which tbh i found weird since i could understand having dificulties with one region, but not seperate locations. I donīt find anything from gala phoenix on the marketplace or under curio, but i never searched for them there.

Tracer Graves

Supreme Court of Canada - Role of the Court
This really seems like a piddly copyright case to be at its final venue, the Supreme Court of Canada. Perhaps a provincial supreme court? I'm not sure how things work there, but this just seems off.

Additional info:
Court system of Canada - Wikipedia, the free encyclopedia

__________________