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Toysoldier Thor

My IP Violated by MP Seller - Question

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So considering I have been creating and selling Full Perms Master Builder Sculpty Terrain packs to the SL (and other virtual worlds) community since 2009 and they have grown to be quite popular, I guess I am a bit surprised it has taken until this month for me to have my very first formal encounter with a violator of my Sculpty Packs Intellectual Property.  

Although I suspect that over the years under the cover and in the shadows (sadly its a cost of doing business) of SL my content has been occasionally distributed freely among some members of the SL community, until last night I have never run head on with a straight-out IP violator of my content  by a so-called MP Merchant.

Well thanks to one of my honest, loyal and vigilante customers in SL who quickly recognized the IP violation of my work and brought it up immediately to my attention, I now have to go through the process of dealing with this unscrupulous MP Merchant.  Of course I cannot mention his name here in the forums but its not hard to find the violator yourself.  

My TornLands Volcano Sculty Maps pack (one of my all time most popular pack) is the content he has converted into their respective self standing prims (i.e. my 20 maps converted to his 20 prims of my maps).  He even used one of my included textures to texture the prims he made from my maps.  You can find my listing quite easy.  So then go to the Marketplace and search for "SCULPTED CRATERS".  Nuff said on finding the violator - his will be the one he is selling for $25L right by mine.

I have checked my sales records back to 2009 and he has never bought this TornLands pack nor anything from me.  So it looks like he received my content illegally (either it was handed to him by a past customer or he copybotted it).  If you do find who I am talking about - another fellow SL merchant has already noticed some of his other listings in the pages of his near free listings is also a duplicate of another SL Creator - I have notified this creator of this Merchant's likely violation of his IP as well.  I assume there are many others within his listings.

Anyway, I have started the painful slow process of addressing this matter and getting this violation of my content by him addressed.  It would be nicer if this Merchant himself were shut down or account even deactivated by LL if its proven that several of his listings are violating IP but I dont hold out hope that LL would be so progressive in dealing with IP Content theft / violations.

My question to all of you that have gone through the DCMA process with LL is:

Once its established that his listing is an IP violation by LL, can I ask LL to provide me a record of all sales this listing has made under this account?  Further yet can I get LL to have him pay me a fair value for all sales he has made from my content?  He sells my content for $25L - I sell my legit content for $850L.  If its proven he made 100 sales from this listing, can I ask LL directly from his account a fair value of lets say $500L per sale?  Or is this something that I would have to file a small claims court on against him directly?  If so, I would guess that makes it not feasible.

I just curious since the sad thing about this is that even when I go through all this work to shut this dude down, the only punishment he gets is that he has to remove the listing.  He is rewarded to keep all the sales he has made in MP as I would guess LL would not even give me all his sales in the past.

Thoughts?

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Toysoldier Thor wrote:

 

Once its established that his listing is an IP violation by LL, can I ask LL to provide me a record of all sales this listing has made under this account?

Thoughts?

Linden Lab does not make the judgement whether something is an IP violation.

That is entirely up to a Court of Law.

Linden Lab only follows the Law that says the content has to be taken down unless challenged by the offender.

Failing to challenge the Take Down Notice is not prima facie evidence of a violation.

ETA, Damages would be awarded by a Court according to the terms of the Law.  To get the sales information from Linden Lab would require a subpoena.

2nd ETA:  IANAL

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Perrie Juran wrote:


Toysoldier Thor wrote:

 

Once its established that his listing is an IP violation by LL, can I ask LL to provide me a record of all sales this listing has made under this account?

Thoughts?

Linden Lab does not make the judgement whether something is an IP violation.

That is entirely up to a Court of Law.

Linden Lab only follows the Law that says the content has to be taken down unless challenged by the offender.

Failing to challenge the Take Down Notice is not prima facie evidence of a violation.

Thanks....

So then its an accurate assumption that seeking penalties from the violator is a Court of Law effort and since his sales likely and my probable compensation would not even equal the first hour with a lawyer.... seeking any penalties from the violator is a waste of time.

How bout his continued participation on MP?  Would a proven DCMA not equate to a direct proven violation by this Merchant's of MP or SL TOS?  As such it would be in LL's right to ban this merchant from MP or even SL if they so feel?

 

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Toysoldier Thor wrote:


Perrie Juran wrote:


Toysoldier Thor wrote:

 

Once its established that his listing is an IP violation by LL, can I ask LL to provide me a record of all sales this listing has made under this account?

Thoughts?

Linden Lab does not make the judgement whether something is an IP violation.

That is entirely up to a Court of Law.

Linden Lab only follows the Law that says the content has to be taken down unless challenged by the offender.

Failing to challenge the Take Down Notice is not prima facie evidence of a violation.

Thanks....

So then its an accurate assumption that seeking penalties from the violator is a Court of Law effort and since his sales likely and my probable compensation would not even equal the first hour with a lawyer.... seeking any penalties from the violator is a waste of time.

How bout his continued participation on MP?  Would a proven DCMA not equate to a direct proven violation by this Merchant's of MP or SL TOS?  As such it would be in LL's right to ban this merchant from MP or even SL if they so feel?

 

Banning would still be at Linden Labs discretion. I'm too lazy to look up the pertinent statement in the TOS right now, but the Lab states repeat offenders are subject to having their accounts cancelled by LL.

As far as whether or not it is worth pursuing legally, you'd have to consult an attorney.  The Law does have some provisions that allow you to collect legal fees.  The problem then becomes does the person have any assets you can collect.

Disclaimer:  IANAL

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Toysoldier Thor wrote:

 

My question to all of you that have gone through the DCMA process with LL is:

Once its established that his listing is an IP violation by LL, can I ask LL to provide me a record of all sales this listing has made under this account?  Further yet can I get LL to have him pay me a fair value for all sales he has made from my content?  He sells my content for $25L - I sell my legit content for $850L.  If its proven he made 100 sales from this listing, can I ask LL directly from his account a fair value of lets say $500L per sale?  Or is this something that I would have to file a small claims court on against him directly?  If so, I would guess that makes it not feasible.

I just curious since the sad thing about this is that even when I go through all this work to shut this dude down, the only punishment he gets is that he has to remove the listing.  He is rewarded to keep all the sales he has made in MP as I would guess LL would not even give me all his sales in the past.

Thoughts?

When you send in an accurate DMCA report (per post or per fax) LL is going to deleted the item from the marketplace and from his inventory.  There is nothing more you have to expect from LL.

When you are looking for financial compensation you have to go to court. It would be very much in your advantage when you have your copyright for the product registered.

 

 

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Perrie Juran wrote:

 

Banning would still be at Linden Labs discretion. I'm too lazy to look up the pertinent statement in the TOS right now, but the Lab states repeat offenders are subject to having their accounts cancelled by LL.


The question is though what does LL consider to be a repeat offender? How many time do have to repeat before you are banned? And how many  fresh alts can you use?

Another question is: How many land must you own to get away with it?

 

(I know about a repeative infringer, who uses an alt to sell his illegal content in world. The main avatar pays for two sims, both main avatar and alt are still around in SL. Banning this person seems not an option for LL.)

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Madeliefste Oh wrote:


Perrie Juran wrote:

 

Banning would still be at Linden Labs discretion. I'm too lazy to look up the pertinent statement in the TOS right now, but the Lab states repeat offenders are subject to having their accounts cancelled by LL.


The question is though what does LL consider to be a repeat offender? How many time do have to repeat before you are banned? And how many  fresh alts can you use?

Another question is: How many land must you own to get away with it?

 

(I know about a repeative infringer, who uses an alt to sell his illegal content in world. The main avatar pays for two sims, both main avatar and alt are still around in SL. Banning this person seems not an option for LL.)

BINGO!  Copybotting is not something you do because you are not paying attention, like running a red light might be. You don't accidentally copybot and/or accidentally sell other people's content.

 

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It has been a long while since I had to file a DMCA but when I did the guilty party also disappear from SL.  One even IM'd me in an alt because they were banned and mad that I had filed the DMCA forcing them to lose their inventory and an island. (I reported the alt too) Fortunately none of the people filed counter DMCA's which they could have done.  I guess they knew they had been caught red handed and my proof didn't leave much doubt and so it wouldn't hold up in court.  In my DMCA filing I did ask that the avatars be banned so maybe this coupled with the fact no counter notice had something to do with it.

From what I've read on this forum and others it doesn't seem that LL is so apt to ban someone as a result.  But it is hard to say since it is all random reports and we haven't seen any actual statistics and we don't know how many filed counter DMCA's that would have stayed LL's hand until a court ruled on it..

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awww... sorry to read..

the common sense would be that since, this person is acting against the TOS, this person should have his/her account canceled.... But well, we know well that common sense is not the main quality regarding MP and SL business managing from LL.

Anyway, i wish you good luck and if there is anything we can do, just let us know 

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Thanks Czari for the hugs! :) 

When I first was notified of this violation of my content by this creep, my feelings were mixed between a lot of anger and also some fear since I know that LL's history of support on taking prompt action against IP violators on their Marketplace and inworld has been spotty and slow.  Also since this is the first time I would have to go through the formal process to address violators like this, I was (and still am) a bit nervous about the DCMA process (i.e. cost, complexity, time, effort, roadblocks).

But I will say that since I have brought this up with my fellow merchants (both here and at the inworld group), a lot of my nervousness about going through this process the first time has eased.  Also in hindsight, I feel good that there are a lot of good people in the SL community and also within my customer base that will stand up and expose these creeps.  Its sad that it looks like he didnt only target me but at least one other and likely more, but, on the good side if the other creators he violated also formally go after him MAYBE LL will take strong action against him and not only remove the listing and my content from his inventory but even delete this avatar for his violations.

I sent him a formal notecard yesterday clearly spelling out that he has violated my IP under two instances.  The note says that I would give him until Tuesday 6pm slt to execute 4 self-imposed take-down actions (remove the listing on MP, remove any other distribution of this violating content inworld and any other VW, delete my original content from his inventory since my records show he has never been a purchaser of my product and as such has received my content illegally unless he can prove otherwise, and to notify me when all these steps have been completed).  I informed him if I do not see these actions by then I will initiate the formal DCMA against him.  I informed him that this would potentially risk not only the loss of this violating listing but also possible further actions by LL up to and including the loss of his account if it is proven that he has multiple proven LL / Marketplace listing TOS violations.  If he doesnt want to risk these actions against him - it would be wise that he take actions prescribed to him by me.

His account is 2.5 years old and seems like it is his SL established account that I suspect he does not want to risk losing.  As such, I am hoping he does the wise thing and removes all his violating content - not just mine - before the deadline for fear of possibly losing his account.

Anyway, thanks all of you for your valued input on this thread.  I am crossing my fingers that this dude does the wise thing and cleans up his act.

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Pamela Galli wrote:


Madeliefste Oh wrote:


Perrie Juran wrote:

 

Banning would still be at Linden Labs discretion. I'm too lazy to look up the pertinent statement in the TOS right now, but the Lab states repeat offenders are subject to having their accounts cancelled by LL.


The question is though what does LL consider to be a repeat offender? How many time do have to repeat before you are banned? And how many  fresh alts can you use?

Another question is: How many land must you own to get away with it?

 

(I know about a repeative infringer, who uses an alt to sell his illegal content in world. The main avatar pays for two sims, both main avatar and alt are still around in SL. Banning this person seems not an option for LL.)

BINGO! You don't accidentally copybot and/
or accidentally sell other people's content.

 

It is possible to accidently sell content that is not yours and or copybotted if the seller purchased the items on another site or even on MP not knowing it had been stolen.. But it is no accident to copybot

 

But that being said. Content theifs generally do not respond/challenge DMCA

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Dilbert Dilweg wrote:


Pamela Galli wrote:


Madeliefste Oh wrote:


Perrie Juran wrote:

 

Banning would still be at Linden Labs discretion. I'm too lazy to look up the pertinent statement in the TOS right now, but the Lab states repeat offenders are subject to having their accounts cancelled by LL.


The question is though what does LL consider to be a repeat offender? How many time do have to repeat before you are banned? And how many  fresh alts can you use?

Another question is: How many land must you own to get away with it?

 

(I know about a repeative infringer, who uses an alt to sell his illegal content in world. The main avatar pays for two sims, both main avatar and alt are still around in SL. Banning this person seems not an option for LL.)

BINGO! You don't accidentally copybot and/
or accidentally sell other people's content.

 

It is possible to accidently sell content that is not yours and or copybotted if the seller purchased the items on another site or even on MP not knowing it had been stolen.. But it is no accident to copybot

 

But that being said. Content theifs generally do not respond/challenge DMCA

I agree that it could be accident that someone could BUY content from a merchant on MP or inworld not realizing the content was stolen / copybotted by the seller (i.e. the unethical merchant selling the copybotted content did a good job re-packaging it to make it look like he/she is the rightful IP owner). 

But it become sfar less accidental when someone makes the decision to BUY content with the intent to RESELL the same content.  By doing this, you would have to be ignoring some clear red flags or are honestly not too wise in not seeing them.

The first red flag would be,  "why would a creator / merchant allow you to buy his/her content and resell the same content whereby he/she loses all the revenue from your sale of his/her content?"   The most likely reason is because he / she is not the rightful owner of the IP in the first place and doesnt really care.

Second, the practice / theory of buying content simply to resell the same derivative of the content is already a questionable practice.  So if you are consciously persuing this practice you should be more careful than ever to make sure that the content you want to resell is from the rightful owner and that you have contacted him and asked for explicit written permission allowing your intended reselling action.

Third, whenever you are selling anything whereby you are including content from others - it would be wise to make sure you 100% fully understand the EULA of each component coming from other creators.  If you have any doubts at all, contact the creator and even have him/her confirm your concerns questions in writing as backup. 

So... I would say as Pamela said... there is VERY LITTLE AREA of accidentally reselling of other peoples content that might have been copybotted.  Anyone that is reselling another creator's content is going into this eyes wide shut. :)

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Just a some thoughts.  You can get a DMCA subpoena without filing suit and without hiring a lawyer.  I didn't look it up now, but there are step-by-step instructions, with templates, for it on the Web.  With that, you can get the RL contact information.

You should be able to file suit without a lawyer.  You can drop it at any time for any reason, I believe.  There is a good chance that the defendant won't respond to the suit, in which case you'll get a default judgment.

There are court fees for these things, but they should be nowhere near what lawyer's fees would be,

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Toysoldier Thor wrote:

I agree that it could be accident that someone could BUY content from a merchant on MP or inworld not realizing the content was stolen / copybotted by the seller (i.e. the unethical merchant selling the copybotted content did a good job re-packaging it to make it look like he/she is the rightful IP owner). 

But it become sfar less accidental when someone makes the decision to BUY content with the intent to RESELL the same content.  By doing this, you would have to be ignoring some clear red flags or are honestly not too wise in not seeing them.

The first red flag would be,  "
why would a creator / merchant allow you to buy his/her content and resell the same content whereby he/she loses all the revenue from your sale of his/her content?
"   The most likely reason is because he / she is not the rightful owner of the IP in the first place and doesnt really care.

Second, the practice / theory of buying content simply to resell the same derivative of the content is already a questionable practice.  So if you are consciously persuing this practice you should be more careful than ever to make sure that the content you want to resell is from the rightful owner and that you have contacted him and asked for explicit written permission allowing your intended reselling action.

Third, whenever you are selling anything whereby you are including content from others - it would be wise to make sure you 100% fully understand the EULA of each component coming from other creators.  If you have any doubts at all, contact the creator and even have him/her confirm your concerns questions in writing as backup. 

So... I would say as Pamela said... there is VERY LITTLE AREA of accidentally reselling of other peoples content that might have been copybotted.  Anyone that is reselling another creator's content is going into this eyes wide shut.
:)

First, I think you are looking at this through the eyes of a longtime resident with a deep understanding of SL permissions, commerce, and IP rights issues.  What is obvious to you is probably not to a person who regards SL as a game or social platform, approaches it casually, doesn't read blogs or forums, and just wants to have some fun. I think it probably took me a couple of years or longer to become aware that there were even issues in SL about content theft.  I learned all I know about it here, but the majority of residents don't come here.  

Another thing to consider when discussing IP rights issues is that there are only two people who actually know who owns what rights to a piece of IP at any particular time:  the current rightsholder and the previous rightsholder.  No one else can know other than being told by one of them, who could be lying.  For example, I could be violating someone else's rights by selling something I created.  I could have sold all rights to someone else, or I could have created it to order, having agreed that the person who paid me to make it would own all rights.  Likewise, I could have bought the rights to someone else's creation and be selling it legitimately, or I might have even bought them from someone who didn't own them.  You could not know whether I was doing anything wrong or not, because the only information available to you is what the creator and I tell you, and one or both of us could be lying.  Even the creator might not know who currently owns the rights to her creation; they could have been resold.  This is why LL won't, and can't, make decisions about who is violating IP rights.  They rightly leave that to the courts.

I think that I see wholesale violation of RL companies' copyright and trademark rights in SL, but I can't be certain because I can't know for sure that the material is being used without permission.  I'm pretty sure most of it is.

Finally, you ask,  "why would a creator / merchant allow you to buy his/her content and resell the same content whereby he/she loses all the revenue from your sale of his/her content?"  Monetary profit is not the only motivation for creating content.  As in RL, some do it because they enjoy doing it.  

 

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I'm not sure what the magic number is for repeat offenders to have their account cancelled, however I have personally seen accounts deleted after three infractions. I file on average one DMCA a week and if the offender has been filed on previously I note that in the next dmca. Seems like after three separate instances of SELLING copybotted works, thats enough for the lab to take serious action.

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Well a bit of good news on my issue with this violator of one of my Sculpty terrain packs. 

On Sunday I sent him a very formal notecard clearly explaining to him that he is in clear violation of my IP, what the exact content and violation(s) are that he is in violation of, what actions I demand he takes, and by a demanded deadline of jan 8 6pm slt, and what would happen if he does not take these actions by the deadline - i.e. I would initiate a DCMA on his violations.

I also warned him that because of the sheer number of listings in his store (42 pages) of which there already appears he might have other violations and that I have made his store known to fellow merchants whom are also looking at his content, he also runs the risks that multiple filings against him could trigger further LL actions including removal of account for LL TOS violations related to this issue and that he would be wise to review his listings and take similar proactive takedown actions on any other listings he knows himself to have violated.

I was already preparing for no response and was beginning the work of filing my first DCMA when I got a noetcard & IM response from him where he posted proof he bought my content (a sales transaction from 2010).  Also, although he did not say anything further, he also removed his violating content off Marketplace.

That is good news at least for me and for this one instance.  Unfortunately a few outstanding issues I have:

 

  1. Since he bought my content in Sep 2010, and if I were to assume that shortly after purchase he posted this listing on Marketplace (although I have a feeling it was more recent since there were almost no reviews except for someone stating that his version is copy violation of mine), there could be several illegal copies of my volcano packs that were sold under him out on the grid.  Would I have to file a DCMA and change the wording a bit in that the violator has agreed to my accusation in that he has removed his violating listing BUT that I request that LL remove all copies of the prims sold by this violator?  OR  Could I contact LL and under the situation whereby he has removed the listing, I could simply ask LL to remove all sold prims from this pack?  I suspect LL would not listen to me and only a DCMA would get them to act.
  2. If I do not file a DCMA against this violator, and considering that his MP store likely has several other violations (already notice another likely violation of another creator's work), LL would not have evidence of his violation of my content and it reduces the case for his removal from SL if other creators file a DCMA.  i.e. should I file a DCMA as a record of violation in LL's books?

Thoughts?

PS I want to thank all you that posted your advice... and I want to thank Arwen for the tons of detailed DCMA filing advice she gave me in private.  I felt much more confident about going through the process and her tips on the logistics were invaluable!  I will be keeping her notes for the next time this issue comes up.

Cheers!

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I'd file to get the content removed that he sold, and possibly to have it removed from his inventory since by clearly and blatantly breaking the terms of his license with you I think he's given up the right to use the sculpt maps IMO.  I'd also file to get it on record so it counts towards getting him banned.

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That was exactly my thought. I would like to include that his map get removed even though he proved he paid for my pack since he violated the terms of my agreement. But I am not sure how to provide instructions to the DCMA to LL that would only remove my maps from his inventory and not my maps entirely from the asset db. I also agree with your reasons why I should still file.

 

Thanks too, Czari

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It's a very rare case where everything is removed and iirc, the DMCA process asks you to name the accounts you want the asset removed from.  This has always been a problem for people like stroker et al as their stuff was ripped and distributed free but LL would never remove the items from those who picked up the freebies, just the distributor.

Unless this dude gives you the list of names he's sold it to (you can ask, you never know) then all you can do is put his name on the DMCA and put something like "and any others who purchased it from this account" and hope LL play nice.

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Frist, im really glad to read, this person accepted to remove the items said. Its a real good news, since ive read here in this forum so many sadest history, where the complainant had no answer at all from the violator, or sometimes even worst, had threats, or insults from this person. 

So well, at least, this person has been reasonnable enough to understand he/she was guilty (because your term and conditions are really clear on your product page ) and had at least the good decision to remove these items from sale.

Id say, that you have to do what you think right for you.

But, if i may give my simple opinion on if you should go farer or no, I would say that since this person stopped to sell this item, im likely to think that sadly the dammage done are already done, and i dont think that going farer will fix anything on the dammages you suffered.

Firstly, the persons who bought this item from this person, did it thinking they were buying from an honnest merchant. Now if the item are removed from their inventory, they will be the collateral victims. Ok, since the price was really low, they wont loose a lot, but still, they will be punished without being guilty.

Secondly, there is not a lot of probabilities that these persons will buy the new item from you. Some may, indeed, Some other not... The difference of price can be a reason but not only. So it wont bring you back the money and the customer you lost because of this merchant.

In an another hand i understand fully that you want go farer, this kind of things have for now, never happened to me, but i can imagine, how i would feel and how angry i would be if this was happening to me.

But well, deleting the contents already sold wont erase the damages done to you.....And this is the real pain.

I dont sell full perms items, neither my templates, but i think there is here a real lack of security for this kind of business. I dont have any answer to bring here, but its hard for me to accept that there is no way to prevent that things like this happen.  Im really admirative when i think to full perms items merchants. Because really; for me its a risky business and they still do because we need full perms items. It needs a lot of courage. And i do respect this a looooot !

i sometimes use some full perms contents that i include into my creations. For me its more than obviousness that they cant be used as they are sold to me. I never understood where is the point to use them as they are sold full perm except maybe the only purpose of money... But well, i dont have this mindset lol.

 

 

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Trinity Yazimoto wrote:

 

I dont sell full perms items, neither my templates, but i think there is here a real lack of security for this kind of business. I dont have any answer to bring here, but its hard for me to accept that there is no way to prevent that things like this happen.  Im really admirative when i think to full perms items merchants. Because really; for me its a risky business and they still do because we need full perms items. It needs a lot of courage. And i do respect this a looooot !

i sometimes use some full perms contents that i include into my creations. For me its more than obviousness that they cant be used as they are sold to me. I never understood where is the point to use them as they are sold full perm except maybe the only purpose of money... But well, i dont have this mindset lol.

 

It could be prevented with a different permission system. For example there could be a second creator layer and an end user layer. The original creator could set full perms in the second creator layer, but restrict to mod/copy or mod/trans in the end user layer. Other system are possible as well, but I don't have any hope this is ever going to change.

I doubted pretty much before I decided to take the step and become a full perms seller.  In the past I made products in cooperation with others, because I believe in joining talents. There are only a very few people who are good in every field of creating in SL, often people have one passion or maybe two: or scripting, or texturing, or animating, or sculpting, or blogging, etc.  To make products that have the 'wow' factor you need the best talent from every field that is involved int the specific product.

Then one day I came to the insight that what you can do on micro level (working with 2 or 3 people for one product), can also be done on meta level. It is much more anymous and abstract, but for me providing full perms items is driven by the idea that working together leads to more interesting products then working on your own. I do my best to offer a good base, that is easy for people to work with. I don't mind when people use my product 'as it is' in a larger build, but I get excited when people really add something from their own talent to make my base a better product. 

This possibility of joining talents on larger scale is what pushed me into the field of full perms. All disadavantages and risks that come with it, are they worth it? Yes, for me they are. I can realize my vision and develop my skills while it brings in money at the same time.

 

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Toysoldier Thor wrote:

That was exactly my thought. I would like to include that his map get removed even though he proved he paid for my pack since he violated the terms of my agreement. But I am not sure how to provide instructions to the DCMA to LL that would only remove my maps from his inventory and not my maps entirely from the asset db. I also agree with your reasons why I should still file.

 


I would not have contacted him at all, but send a DMCA directly. He did not contact you either for the use of your product outside your terms of use. What you discribe from his reaction he seems reasonable, but next time you might catch someone who is less reasonable. By contacting this person you alarm him. It takes time before your DMCA is handled by the Lab, time he can use to bring your maps over to an alt, or a friend, or to his computer or to another grid outside SL, or put them as freebies for sale in a sandbox, or whatever comes to his mind.

Another argument not to contact is you destroy your own prove. When he has stopped selling the item both on marketplace and in world, the abuse has stopped before your DMCA arrived. I'm not sure they still will take actions when the abuse is no longer going on.

 

You just should file following the format that LL gives. You can ask them to do this or that or such or so, but they will just follow the standard procedure. The content will be removed only from the suspected avatar, from his inventory, from his marketplace shop and from the place in world where it is rezzed or sold with him as owner.

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