General Discussions

[Katelyn Barom]

Seems Filing a DMCA is a waste of time, when the offender counter files saying she did not read the TOS and whallah she can carry on selling as Full Perm herself.....BUT she adds a TOS to her content after claiming she is the creator!! She is doing it with everyone and getting away with it, using various alts. Anyone else having this problem?

[Pickle Soup]

Katelyn Barom wrote:
 Seems Filing a DMCA is a waste of time, when the offender counter files saying she did not read the TOS and whallah she can carry on selling as Full Perm herself.....BUT she adds a TOS to her content after claiming she is the creator!! She is doing it with everyone and getting away with it, using various alts. Anyone else having this problem?

It's voilà, not whallah... god i hate when people do that. lol

I thought when you filed a DMCA they had to hand over their personal, RL information or cease and desist... is that not true anymore?

[Katelyn Barom]

No it seems that we are not covered anymore!! What has happened is a DMCA Was filed and she conterfiled and said she did not read the TOS and therefore LL did not remove the content and she is allowed to keep selling, inworlds and on the marketplace. SO we work hard for others to steal what next!! They know that taking it further is time consuming and expensive !!

[Ann Otoole Advisor]

The identity data is exchanged when you file a counter dmca so the requisite lawsuit(s) can be filed. The DMCA filer chooses whether or not to file a lawsuit.

[Ann Otoole Advisor]

Katelyn Barom wrote:
No it seems that we are not covered anymore!! ...

LL never "covered you". Never. Not once. LL has never been the content police.

It has always been up to you to retain a lawyer.

[Katelyn Barom]

Yes agreed But that is not the point really. The Problem is that LL is covering themselves and not supporting the Original Creator by allowing her to just say "I did not read the TOS"

[Katelyn Barom]

Bottom Line is WHY Bother to create anything on SL or have a TOS!! 

[Pickle Soup]

Katelyn Barom wrote:
 Yes agreed But that is not the point really. The Problem is that LL is covering themselves and not supporting the Original Creator by allowing her to just say "I did not read the TOS"

Wait. LL actually told you that was her excuse?

[Peggy Paperdoll Recognized Helper]

There's more to it than "she did not read the ToS".  I don't know exactly how the DMCA works but I do know that if you filed one correctly LL has no option except to honor your request to take the content down.......after that it's up to the parties involved to resolve the issue and it's out of LL's hands.

Everyone, says they have read the ToS when they accept it.........and they must accept it in order to use the SL software.  Saying she didn't read the ToS is like saying to the police who stopped you for running a red light or speeding and you telling him/her that you didn't know you had to stop at that red light or that the speed limit was 25 mph on a residential street..........ignorance of the law is no excuse (you will be cited for the violation).

File another DMCA and follow the instructions to the letter.

[Argus Collingwood Member]

Katelyn Barom wrote:
 Seems Filing a DMCA is a waste of time, when the offender counter files saying she did not read the TOS and whallah she can carry on selling as Full Perm herself.....BUT she adds a TOS to her content after claiming she is the creator!! She is doing it with everyone and getting away with it, using various alts. Anyone else having this problem?

You sold/she bought your full perms items that had the terms enclosed? Do you have a record of that sale? She admitted to buying them then she sold them to others will full perms and as her own creation?