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My original item is falsely accused of copyright...


Kouki Elska
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I wasn't sure if I should have posted this either here, or the marketplace forum, but I figured to try it here first.

Does anyone know if items that are NOT violating any copyright issues get reported for copyright infringement?

 

I am extremely upset because after I had previously had something I made, A hoodie, which was made to imitate a game character's design(but all hand-drawn, and not ripped), I was upset, but figured it was fair to have that taken down since it was inspired by the game character.

 

However, having something I DESIGNED AND MADE ON MY OWN, with no references to any particular game or media, I have this item taken down:

 

bunnyears1.png

 

bunnyears2.png

 

Can someone please tell me WHY?

There is no mention at all of any brand names, and everything here is hand-painted by me. I sculpted every single thing from scratch. NOTHING in this belongs to anyone else, except the model's shirt and bag, which should not be an issue because it's not part of the product, and is a stupid reason to label MY original product as copyright infringement. Every word in the listing is a generic term such as "bunny ears" or "cute". There's just NO reason it should be considered copyright infringement!

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When an item is flagged it is not because of copyright reason, simply because you cannot flag for that.

When your items are taken down for copyright reasons, you get a notice from Linden Lab that a dmca was filed against you.
But when you are the original creator, you can file a counter dmca, see: http://secondlife.com/corporate/dmca.php

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Kouki Elska wrote:

Did someone report it for something else? I cannot see any reason it should be reported, though... It did let me relist it, so I did that, and hoping it doesn't get attacked again.

Then your item was flagged for some other reason and LL product review team considered it was reasonable. IIRC if your item is flagged and delisted by LL once again, it will be blocked from you and you will have to file a support case so that you can relist it.

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I doubt if  anyone at LL considered it a reasonable 'flag' as it is apparent that, (if not a bot) responding to the flags it might as well be, as the employee / moderator or whatever their titles are, take no care whatsoever to investigate and review the flags and just press the remove button like an automaton. If they did check they would at least be able to give a resonable explanation as to the take down. And not lead us on a not so merry dance of filing tickets and wasting time and valuable resources. Also it has been known for items to be removed arbitrarily from the market place for so called copyright infringement without the merchant being given or sent a DMCA email or note or explanation by the administration.

^L^

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if i have been informed correct

1) to file an item on dmcs you need to be register on dmca

2) if you are just a member you can report one time per year if i have read correct

2) if you want to have a fast & up to one times support you must pay . 

3) its not sure that you will have the success that you want

4) Im not sure if LL will help you with this issue. You must make an abuse report for everything that contains (copybots,copyrights,thiefs,e.t.c.) but they will not answer you back. You must make up to 5-6 abuse reports only inworld and not via ticket and its not sure if you will take any help.

5) if you are in a different country with the scammer.... you will be dissapointed and you need many money to prove that the item is yours

 

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I suspect that becasue you already had one of your previous items revoved without issue, any other items you put up for sale from then on will be much more likely removed now because Linden employees who are assigned to that task....

1. Don't have the time and available employees to invest in it so are cutting every corner that they think they safely can to save work time or

2. Have the time, but like most humans aren't into working any more than they have to outside of the required button pushing in this case.

;-)

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It is posible that you have violated a registered TradeMark with your use of the term "Cutesy Bunny."

http://cutebrands.net/cute-friend/cutesy-bunny


ETA, given the similarity in design when combined with the name, even if you had no prior knowledge of this product, it would at least in my opinion put your product at grave risk.

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Kouki Elska wrote:

A hoodie, which was made to imitate a game character's design

 

Learn to read!!!

 

Branding Guidelines

Branded items may be listed or sold only by the brand or intellectual property owner or its authorized agents. A "branded item" is an item that:

replicates or closely imitates the appearance of a celebrity, famous person, or fictional character from a copyrighted work (for example, avatars that replicate the appearance of movie stars or characters from a book, film, television program, or game)

You specifically created an item that used characters that you do NOT own, have NO rights to, and are trying to make money off of.

 

Of course you got busted for it.

 

Go make something original and stop stealing from other people.

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ok guys.. i will pull my hair off now........ they report this item for copyright and they havent report other big stores that they "walk in same way"???????

im not pretty sure that the brand guidlines that we see in previous reply,exists 100% in secondlife....(even if are listed) and i tell this because, i have seen many skins + shapes that are replicate in appearance of celebrities,stores that have logotypes from big brands on clothes (some brands have give their logo in public for use so i dont know if the logotypes are from those brands), and characters from movies and television and games too.... and trust me are very very closely imitates,more than those ears......... and linden lab havent remove them for years now... and the stores are very popular and are "big brands" in here!!

 

and dont tell me that you havent see them in secondlife..............

why noone reports them??????? o.O

 

god blessed them that we cannot mention names in public ;) <--xixi!!!

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ok lol...

So who the hell did tell you that your item has been flagged for copyright reason ? 

Can't it be you didn't filled correctly one of the fields of your item's form ? 

It happened to me for a woman outfit for what i had 3 versions. 1 with only the outfit, 1 with the jewellery and 1 for both. I have other same kind of packs but never had problem with them. But for this one, the pack including jewellery AND outfit have been flaged two times for being in the wrong category. It was in woman outfit. The similar ones are in the same category aswell. Despite i didnt had never any pb with the other ones, this one has been flaged 2 times. i had finally to upload it again and change a lil the name. I still dont know where LL want i put it since even after reading the wiki about it, for me, its the rght category. And well, for now it has not been anymore flagged. So maybe it has been one weird sl bug more.

How did i knew it ? i just had a line in my Mp loging page, where you usually see the updates infos. So if you never check it, its normal you missed it.

Its funny to see how pp turn easily into "copyright infrigement or copyboot attack" drama.

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