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How the hell do you put a  Intellectual Property Policy on a dance animation that is not owned by any one person?

 

Cause yeah I got a dandy little Email today pretty much telling me LL went into my account and removed a hardstyle shuffle animation I've had more almost a year and that there isn't **bleep** I can do bout it.

 

Hi Rizen Allardyce,

We are writing to let you know that we removed some content you had in Second Life under our Intellectual Property Policy. For a list of the specific content we removed, please see the "IP Complaint Details" below at the bottom of this email.

When we receive an intellectual property complaint, we investigate it and look for copies of the content identified in the complaint. Our investigation found that you had some of this content. We replaced the content with generic placeholder item(s), as described in our FAQs on our Intellectual Property Complaint Process.

If you weren't aware of an intellectual property issue, don't panic or take it personally! Just take steps to avoid content that may have intellectual property issues. Here are some tips to protect yourself and keep your inworld shopping safe and fun.

Many thanks for your interest in Second Life.

-- The IP Team at Linden Lab

IP COMPLAINT DETAILS
Content Removed:

    Item: Animation named "shuffe 01" Location: Inventory of Rizen Allardyce

*If animations were removed, the replacement animation may be in your HUD or animation override (AO). [c:6486]

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OK. 

Maybe some clarification would help.

When you see something in your inventory, what you are really seeing is a link to a "master copy" on the asset servers.   Every item has a UUID number to identify it.  So every one who had a "copy" of that dance was really accessing the same Master Copy.

So Linden Lab didn't literally go into your inventory.  What they have done is changed the linkage so that UUID now points you to the IP Replacement.

Someone claiming to be the original content provider has filed a properly executed DCMA notification.  LL is bound by law to now remove this content.  This is something they have no choice about if they want to keep their Safe Harbor status.  

So it is all really pretty simple.

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The dance in RL itself isn't anyone's IP.

But the motion capture of it that someone made and then put into SL - that is.

You stole that - knowingly or not, they took it from you. Simple.

Either you stole it, or the person you bought it from did. Which is a good reason to make sure the places you buy dances from are the legit studios that hired the professional RL dancers themselves, brought them to a motion capture studio, and did the capture and animation work. And not somebody claiming to just "represent various dance makers" or something...

 

Also, LLs failure to properly prosecute one or even a serious of -other- legal issues does NOT give license to violate yet different ones.

 

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Rizen Allardyce wrote:

Explain everything else in second life then that gets dmca'd and LL lets it stay?

So that bound by law is crap.

I'm assuming you are responding to me.

First off, note that I said "Properly Executed DCMA."

Secondly, if a properly executed DCMA is received by LL the content will come down unless a counter claim is filed.

Every claim that I have heard that LL does not respond to DCMA's has been second, third, or fourth hand **OR** the person who filed it did not do it correctly. 

The only other complaint I hear is sometimes people think LL doesn't act on the DCMA's fast enough.

But act they will and must do.

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You only come clean basically if  everything in said product was produced, made and uploaded by your own hand.

If you happen to have your proof on video that is suitable in court as evidence you might stand a chance to get even at best in a real life court case.

Remember you might just be tricked by competition as well with all this. It's game.

Count your losses and move on.

I mean this with no offence.

 

Do you actually really know WHO filed the DMCA ?

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No I don't know who filed the DMCA. I'm simply one of the creator's friends and somebody who bought the animation to help him out.

 

But at this point I'm just bitching to **bleep**. I've gotten over that I've had something that wasn't copyright protected removed from my inventory yet all of the things I do have that should be removed aren't.

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Rizen Allardyce wrote:

Kinda surprised LL hasn't removed my Husky avatars cause of copyrights.

Well, did you violate some one elses intellectual property rights?

And even if you did, ONLY THE OWNER OF THOSE RIGHTS can file teh complaint.

Again,  Linden Lab DOES NOT and CAN NOT act as Judge and Jury here.

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Rizen Allardyce wrote:

No I don't know who filed the DMCA. I'm simply one of the creator's friends and somebody who bought the animation to help him out.

 

But at this point I'm just bitching to **bleep**. I've gotten over that I've had something that wasn't copyright protected removed from my inventory
yet all of the things I do have that should be removed aren't.

Well, if you knowingly have illegal content in your inventory then you are part of the problem and have a lot of nerve coming here complaining about the problem.

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Everybody has something in their inventory that could be DMCA'd. Weather you bought it or got it in a freebie pack. I'm not coming here complaining cause I lost the animation.

 

I'm here complaining cause LL didn't investigate before they removed it. They could sweep my inventory and remove everything that has a circled C on it. and I'd be just fine.

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Rizen Allardyce wrote:

Everybody has something in their inventory that could be DMCA'd. Weather you bought it or got it in a freebie pack. I'm not coming here complaining cause I lost the animation.

 

I'm here complaining cause LL didn't investigate before they removed it. They could sweep my inventory and remove everything that has a circled C on it. and I'd be just fine.

First off, note that I said "KNOWINGLY HAVE."  I've had things IP replaced but I did not "knowingly" have them.  You have stated that you KNOW you have illegal items.  That is a big difference. 

And again, it is not Linden Labs job to investigate it and in fact should they do so that also could put their Safe Harbor at risk.  They are simply following the letter of the law.

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Rizen Allardyce wrote:

Explain everything else in second life then that gets dmca'd and LL lets it stay?

So that bound by law is crap.

This isn't "everything else" but about a year ago one very well known skin designer filed a DMCA against another very well known skin designer and the accused designer had to shut down the entire store until it was resolved, which it was recently.  Not only was the accusation, imo, false but that person lost almost a year's income from the SL sales.

Regardless of who I feel was or was not at fault, however, as others have said LL has to respond to a DMCA.

Edit: Typo

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So know how you feel. When I first started I bought this amazing skin for cheap. I didn't understand copycat and all that stuff was. It was taken from me because well, it was counterfeit. I was scolded for buying the merchandise. I was humiliated. Someone finally explained all the logistics about it. But it sucks having something you love taken away from you.

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Perrie Juran wrote:

And again, it is not Linden Labs job to investigate it and in fact should they do so that also could put their Safe Harbor at risk.  They are simply following the letter of the law.

How would this put their Safe Harbor status at risk?

 

LL does the bare minimum it must do legally. That is not to say they could not take a more proactive or even reactive stance. They have in the past. Avis used to get their accounts banned if they copybotted. Now, that is rare. There are no consequences.

This is a virtual WORLD, not a website hosting service. It needs governance. I understand LL can't concern itself with everything, but that doesn't mean it can't do any more than the bare legal minimum.

 

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Drake1 Nightfire wrote:


Rizen Allardyce wrote:

Actually i'm not. I could file a DMCA on a pair of pants that you have in your inventory.

I wouldn't win cause it'd be as stupid of a dmca as this was.

Actually you cant file a DMCA unless you created the "pair of pants" before the other person did and can prove it.

DMCA has nothing to do with proof. It is a legal claim that you are the creator of some IP. If you need to go to court, then proof of the claim is required.

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