| Intellectual Property Issues Discuss issues related to intellectual property rights in virtual worlds. |
![]() |
| | LinkBack | Thread Tools | Display Modes |
| | #1 (permalink) |
| Banned Join Date: Mar 2011
Posts: 839
| Are There Real Cases of Failed DMCA Takedowns and Content Creators Leaving? Let's see if we can get this information in a focused thread. The main thesis of NeoBokrug, Tateru Nino and other widely-read forums posters and bloggers is: o Content creators are not getting action on their DMCA takedown notices o Linden Lab's Customer Service is not responding to them o Therefore they are leaving Second Life. I believe all of these claims to be untrue; I think in fact they may be wildly exaggerated. That's because I can't get anyone to come up with concrete cases. Apparently they dislike doing that because a) filing and tracking a DMCA requires revealing one's real name to the possible culprit and inviting revenge b) talking about the cases invites further exploitation. Well, that's a pretty awful situation, but let's look at the two cases we do have that are widely publicized and which form the basis of many people's subjective judgement that "content creators who received no action on their DMCA notices are leaving SL because LL has poor customer service". Let's take Case no. 1. Maxwell Graf. Was this case discussed here on sluniverse.com? Prad discussed it extensively as did Prim Perfect. Maxwell was angered after only 6 days of waiting due to a reply he felt was inadequate because it claimed removal when removal was not done. He did not perservere after this seemingly good-faith answer to correct it, and he flamed out and announced he was closing his store and going to Blue Mars. Then BM died later, but that's another story. Today, his store is still on SL Marketplace. I see no evidence that his case was NOT resolved. In fact, I hear through the grapevine it *was*. But I don't see that Prad or others came back to tell us this. Again, I have only *hearsay* and I look for *the facts* which I trust, um, Hive Mind to have. So let's have it, Hive Mind. Maxwell Graf was your poster-boy, text-book-perfect case of all your claims. So...were they true? Case no. 2 involves Aenox Aeon (Will Burns). Based on his very complex and convoluted story even longer than my blog posts, Tateru ran a short piece claiming LL Legal Team Drops the Ball on IP Rights. This story never got dissected by Sharia Court and Hive Mind. Odd, that. It was truly a whopper. Tateru never retracted it. But as I painstakingly illustrated, it was really a grand hustle. It should have been denounced. It wasn't. As one poster on Aenox's forums pointed out aptly, while Aenox sought written permission for IP rights in SL (and misleadingly so), he had not actually gotten them, and he chose to construe his "non-answer" as a kind of implicit approval. He then chose to construe LL's non-action in removal as proof of "dropping the ball". Neither were accurately characterized in good faith. The entire caper was really an outrageous case of Shakedown Street. I'm confident that even Hive Mind can draw that conclusion. Even Hive Mind can see that Maxwell Graf may well have slunk back to SL and solved his case quietly. So buzz away, sting and sting again, and see what you can come up with. The answer is, the cases are full of holes. They aren't what they seem. And if this is your basis for your claims of inaction by the Lab and content creators "all leaving" -- then they are patently biased. *UPDATE* Maxwell Graf's store Rustica is still alive and well in Second Life, I just confirmed that. Last edited by Prokofy Neva; 05-04-2011 at 10:02 AM. |
| | |
| 2 Users Laughed: |
| 1 User Hugged You: |
| 1 User Said Thanks: |
| |
| | #2 (permalink) | |
| syncing with reality ![]() ![]() ![]() ![]()
Mixing metaphors, splitting
infinitives and dealing with
rogue apostrophes
Join Date: Jul 2008
Posts: 4,504
My Mood: SL Join Date: a while ago
Business: Satiated Desires Blog Entries: 1 | can the hive mind jibes - you post here so by definition you're one of us now.
__________________ Quote:
| |
| | |
| 5 Users Agreed: |
| 1 User Disagreed: |
| | #3 (permalink) | |
| Banned Join Date: Mar 2011
Posts: 839
| Quote:
Posting here isn't being part of hive mind. It's following up on my very strenuous self-defense against the false claims about my theses, and about SL and LL. That's all. Say, are you with the Woodburies? | |
| | |
| 1 User Groaned: |
| 1 User Laughed: |
| 1 User Hugged You: |
| | #4 (permalink) |
| syncing with reality ![]() ![]() ![]() ![]()
Mixing metaphors, splitting
infinitives and dealing with
rogue apostrophes
Join Date: Jul 2008
Posts: 4,504
My Mood: SL Join Date: a while ago
Business: Satiated Desires Blog Entries: 1 | we all think for ourselves - that's the problem with your theory.. if you come across someone who thinks like you, do you automatically go "omg I have a hive mind!!" |
| | |
| 2 Users Agreed: |
| | #6 (permalink) |
| Quietly watching ![]() ![]() ![]() ![]()
Status edited!
| I know first hand that Linden Lab does not always remove content that has been DMCAed, and that they sometimes do an extremely poor job investigating and ban an innocent party.
__________________ Need a good Second Life shape guide? Click here! |
| | |
| 3 Users Agreed: |
| | #7 (permalink) |
| - ![]() ![]() ![]() ![]() ![]() Join Date: Jun 2008 Location: Darkly Cute :: Ferguson
Posts: 6,981
My Mood: SL Join Date: November, 2007
Business: Darkly Cute Client: NOT the same one I used yesterday... (<.<) |
__________________ Link |
| | |
| 2 Users Said Yay!: |
| 5 Users Laughed: |
| | #8 (permalink) | |
| syncing with reality ![]() ![]() ![]() ![]()
Mixing metaphors, splitting
infinitives and dealing with
rogue apostrophes
Join Date: Jul 2008
Posts: 4,504
My Mood: SL Join Date: a while ago
Business: Satiated Desires Blog Entries: 1 | Quote:
no, I'm not KGB nor woodbury nor CIA just in case you want to add that one - just someone who thinks your human actually have something to contribute when it's free of the Prok persona. I'm waiting to be proved wrong of course as I doubt you can control Prok but we'll see. pro tip - if you want information out of the people you rightly or wrongly consider to be your enemies, you don't go insulting them. and you probably do need to get outside for a bit, if you think that the people here are your enemies I think you'll find you're mistaken.. This is the internet, most may detest you for the insults you've hurled at them down the years but I doubt very many actually wish you any ill will. Life is too short for that kind of thing. | |
| | |
| 2 Users Agreed: |
| | #9 (permalink) |
| Senior Member ![]() ![]() ![]() ![]() ![]() ![]()
On Pandora
| In spite of Procs convoluted posting I too am curious as to the state of DMCS takedown handling by LL. Are there too many fake take downs? Are there too few real deserved take downs? Is the lab failing to process take downs as they should? Anyone have any solid answers? Tess |
| | |
| 1 User Agreed: |
| | #10 (permalink) | |
| Banned Join Date: Mar 2011
Posts: 839
| Quote:
Could you look at those two I came up with that seem to evaporate and let us know what you think? | |
| | |
| 1 User Hugged You: |
| | #11 (permalink) | |
| Banned Join Date: Mar 2011
Posts: 839
| Quote:
Got any yourself? | |
| | |
| 1 User Hugged You: |
| | #12 (permalink) |
| Just another Muppet. ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() *SLU Supporter* ![]() ![]() ![]() ![]()
Well,well.
Join Date: Oct 2009 Location: The Netherlands
Posts: 2,973
| I wished this place had a middle finger button. It would be the last thing on earth for me to do to start researching for he/she/it. |
| | |
| 1 User Groaned: |
| 3 Users Laughed: |
| 4 Users Agreed: |
| | #13 (permalink) | |
| Banned Join Date: Mar 2011
Posts: 839
| Quote:
2. I haven't insulted anyone, I've stated truths that are unpleasant for people living in the haze of hive mind. 3. I've never found you to say anything of substance, ever. | |
| | |
| 4 Users Groaned: |
| 1 User Laughed: |
| 1 User Hugged You: |
| | #15 (permalink) | |
| Banned Join Date: Mar 2011
Posts: 839
| Quote:
Tell us about the case. How long did you wait for a resopnse? What was the response? What didn't they remove, i.e. they removed one copy from vendors, but not illegally bought copies? Now you're telling us something else. They sometimes ban an innocent party. Hm. Does that mean there are too many cases? That they are bogus? | |
| | |
| 1 User Hugged You: |
| | #16 (permalink) | |
| Tastes like purple ![]() ![]() ![]() ![]() ![]() ![]() ![]()
Error, failure to load Status
Join Date: Sep 2007 Location: Home
Posts: 11,735
My Mood: SL Join Date: 01/27/2004
Business: Scripter for hire | Quote:
If you look at it, you have started a new discussion to see if the claims are over exaggerated. We just haven't figured out the best way to actually get this data reliably. | |
| | |
| 1 User Said Thanks: |
| | #17 (permalink) |
| Senior Member ![]() ![]() ![]() ![]()
See the glory...
Join Date: Sep 2010
Posts: 3,000
My Mood: SL Join Date: 04/06/2008 Client: Singularity 1.7.2, Firestorm Blog Entries: 1 | I don't agree: W.E started threads too.
__________________ Drama is easy with eyes closed misunderstanding all you read |
| | |
| | #19 (permalink) | |
| syncing with reality ![]() ![]() ![]() ![]()
Mixing metaphors, splitting
infinitives and dealing with
rogue apostrophes
Join Date: Jul 2008
Posts: 4,504
My Mood: SL Join Date: a while ago
Business: Satiated Desires Blog Entries: 1 | Quote:
I don't have cases, all I know is that from talking to the creators (texturers mainly) who used to get hit often because of that box of 40k textures that lodging the DMCA took a lot of time and effort and the box kept popping up - always the same object name. I don't know of any texturers who left over it but it did cause a lot of them to be less enthusiastic about releasing textures in sl. This box should have been wiped from everyone's inventory back in 2007 and it wasn't. That's where the main failure of the DMCA process, as it stands, lies even if every single texture maker DMCA'd that box because it had their content in it I doubt LL would delete it because it's not one person's work contained within it. As for people flouncing off then coming back, that's just part of the fabric of SL. The frustrations mount and then there's a final straw and people say they're going to leave and they end up back because the pull of SL is strong. These days I can forgive it but it means I take anyone threatening flouncing with a pinch of salt. Flouncing is all part of the drama that some get caught up in. Does this give you the proof you seek? nope. However, if Stroker can bear to come in here he may tell you about the problems with getting that mother lode box sorted a couple of years ago. | |
| | |
| | #20 (permalink) | |
| Quietly watching ![]() ![]() ![]() ![]()
Status edited!
| Quote:
This is all I'll say on it as I really don't have an interest in helping you out. I know I can't be the only one who laughed at this. Last edited by Vaelissa Cortes; 05-04-2011 at 10:50 AM. | |
| | |
| 2 Users Hugged You: |
| 2 Users Agreed: |
| | #23 (permalink) |
| syncing with reality ![]() ![]() ![]() ![]()
Mixing metaphors, splitting
infinitives and dealing with
rogue apostrophes
Join Date: Jul 2008
Posts: 4,504
My Mood: SL Join Date: a while ago
Business: Satiated Desires Blog Entries: 1 | SLU is one of the most remarkable forums I've come across in that (up to a point) there's room for everyone. If wasted hadn't crossed whatever line it was that got him turfed, those who enjoyed his brand of posting humour would still be enjoying it today. It's main strength is that you can have 10 posters with 15 opinions and it will get heated and sometimes downright nasty but in the end it usually sorts itself out. Saying that of course there are some who inhabit the politics forum who may completely disagree with me but hey ho, it's my fantasy and I'm enjoying it. |
| | |
| 1 User Agreed: |
| | #24 (permalink) |
| a.k.a. Darkley Aeon ![]() ![]() ![]() ![]()
I'm every woman
|
__________________ I stood up during one of our meetings and told the crowd that Soul Plane sucks. Three other people in the room agreed with me, and the four of us had our Negro Membership Cards confiscated. Years after the fact, Tyler Perry still calls me at 3am with death threats.- Teeny Leviathan |
| | |
| 4 Users Laughed: |
| 2 Users Agreed: |
| | #25 (permalink) |
| weebles wobble... ![]() ![]()
...just dropped in, to see
what condition my condition is
in
Join Date: Sep 2009 Location: Scotland
Posts: 566
My Mood: SL Join Date: 1/23/2008
Business: Isambard Kingdom Brunel Hall Client: Viewer 3 & Firestorm | Just from the perspective of the Dr Who community in SL which is fairly large... Over the past year and a bit there has been a higher and higher amount of DMCA's filed by the real content creators within SL against folks who are obviously ripping content. In fact in my snapzilla page theres even a screenshot of a copybotted box sitting next to the original. In about 60% of the DMCA cases LL done...nothing...nada...sat on their fat collective money grabbing asses as another brilliant content creator left SL. In my eyes Linden Lab only step in when they feel like it, which is getting rarer and rarer thesedays. Its now got to the stage where only a few of the large companies are making content, the rest have given up. The last time i spoke to a Linden was at the beginning of last year (Sea Linden) when the Dr Who Expo (Katrina) was having problems with a strange search bug, Sea said he would look into the problems plaguing the growing Dr Who community but nothing came of it. So since LL aint doing a damn thing about it...i do. The Dr Who group i run has over 2300 members in it, most of the Dr who fans in SL who are active and part of the community are in the group. Once myself and the big builders in the community look at a copybot problem we name and shame the bastards in the group...they leave soon after being banned from all the major Dr who sims in the community.
__________________ |
| | |
![]() |
| Thread Tools | |
| Display Modes | |
| |
LinkBacks (?)
LinkBack to this Thread: http://www.sluniverse.com/php/vb/intellectual-property-issues/58778-there-real-cases-failed-dmca.html | ||||
| Posted By | For | Type | Date | |
| A rather uncharacteristic… | Darkly Cute | This thread | Refback | 05-05-2011 08:13 AM | |
| |