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I'm Confused


AnnieWarbucks
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On the Marketplace I see where people are complaining about hair they say is copied somehow but yet their comments have been well over a year ago accusing the seller of fraud. No one is in any great hurry to stop the sales if that is indeed to be true.  If the hairstyles were something I had made I would be on the phone with Linden Lab furiously demanding them to take action immediately, that doesn't seem to be the case. Maybe they got permission to sell the hair? Is it safe to buy?

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LL only take stuff down if the original creator files a DMCA take-down notice.  

There are several reasons the creator might not want to do this.   She or he might not still be in SL, or might not want to expose his or her RL details to the content thief.

Or the creator might simply have tired of playing whack-a-mole with content thieves who, when their account and Marketplace store are taken down, simply roll up another throwaway alt to sell the identical ripped items.

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AnnieWarbucks wrote:

Ok I won't buy the hair then. I'm trying to find a short frizzy hair style red in color it's beginning to look impossible. There are afros but they are black but nothing else short and frizzy where I'm able to tint a wine color.

Up in the "People" section of this forum if you post pictures or a link to the type of hair style you are looking for in the "Your Avatar" section you can probably get a lot of suggestions on where to find. 

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Magnet Homewood wrote:

Every sale gives them 5% commission, even if the customer doesn't get anything at all. Why would they mess that up?

(Magnet: This is not "aimed" at you. I just hung my reply off your post.)

If the "Seller" has been removed from the Second Life userbase (for violating the RULEZ or whatever reason LL might have to close their account) then any sales do NOT give LL the 5% commission.

Nope, they get the full 100% instead!

Regardless of how the sink / source / magic L$ economy works, the simple fact is that 100% of the Linden Dollars paid are removed from the Liability column on LL's balance sheet. Those "coupons" will never be presented for conversion into real-world money. In other words, LL wins.

Granted, LL could .. and morally SHOULD .. take down those products uploaded by User Accounts that have been terminated, but this is the 21st Century. This is a time in the Global Economic Environment where profits are maximized by following the RULEZ precisely, especially when those RULEZ can be followed in a manner that nets higher profits.

What can you do? If you positively know that a product is stolen, contact the REAL Owner of the original product and give them the information they need to file a DMCA Notification. That includes such things as:

 

 

  • The URL of the product on the SL Marketplace
  • The Name of the Product
  • The Name of the User Account that "Owns" the product listing

Anything else you can reasonably provide that will help the real owner file a successful Notification.

What will this accomplish? Linden Lab is required by the terms of the Digital Millennium Copyright Act (DMCA) to respond and take action. Generally this results in them taking down the specific product you cite. Failure on their part to take appropriate action MIGHT result in them losing their Safe Harbor Protection. (Essentially it makes them partially responsible for the theft in a legal sense .. which can turn into something very expensive.)

This is a Community-Wide problem. As such it means that we, as "Members in Good Standing" in that Community need to take action when we see violations of the Copyright Laws. So if you see something going on that is essentially theft and no one seems to be doing anything about it, then it's up to YOU to do that something. You can't just cluck your tongue and say to yourself "it's a shame no one does anything about that!" Because it's YOU that isn't doing that anything ...

/me climbs down and stows away his soapbox ...

Thank you for your participation in today's Public Service Announcement. You may return to your enjoyment reading the SL Forums.

-------------------------------------------------------------------------------------------

PS: It is VERY IMPORTANT to mention that only the OWNER of the ORIGINAL PRODUCT may file the DMCA Notification. You cannot file it for them. Thus only the person who is being ripped off (the owner of the original) can file the DMCA. Linden Lab will silently and rightfully discard any DMCA Notifications from people that are not the owner of the product being infringed. In other words, you have to get information about the Copyright Violation to the proper person AND convince them to take action. I have found that the real owners usually WANT to take action and get the illegal copy removed. So if you give them enough information to make their job easier, they will follow through. 

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Todays smart scammer knows that their listing may be removed if a DMCA takedown notice is filed. 

Todays smart scammer  knows that it's just easier to just use someone else's picture and sell an empty box, this way no infringment of the product actually occurs.

Todays smart scammer knows that LL isn't that interested in doing much about these instances because Slopeyshoulders Linden and Fobboff Linden just consider this a "resident to resident" dispute that doesn't involve them.

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