Is oblivious/indifferent author a valid excuse to sell stolen content for profit? (Flagging policy)

[Ariel Vuissent]

The law in the United States, as it is right now, makes the holder of a trademark or copyright solely responsible for protecting his or her rights. If you hold a copyright or trademark, only you can enforce your rights to it. Part of this is because it's difficult to determine if the holder of a trademark or copyright has sold a license to use it to a third party. Most of the content you see that appears to be ripped or otherwise in violation of those laws is, in fact, in violation; but you don't KNOW that. It's possible, for example, that Disney has sold a license to create and sell Mickey Mouse ears in Second Life to Joe Schmoe. Not likely, but possible, and you don't know for sure that that did not happen.

You might get an interesting discussion going posting this over in the main forums, perhaps somewhere in Creation or in the General Discussion area.

[Ariel Vuissent]

The law in the United States, as it is right now, makes the holder of a trademark or copyright solely responsible for protecting his or her rights. If you hold a copyright or trademark, only you can enforce your rights to it. Part of this is because it's difficult to determine if the holder of a trademark or copyright has sold a license to use it to a third party. Most of the content you see that appears to be ripped or otherwise in violation of those laws is, in fact, in violation; but you don't KNOW that. It's possible, for example, that Disney has sold a license to create and sell Mickey Mouse ears in Second Life to Joe Schmoe. Not likely, but possible, and you don't know for sure that that did not happen.

You might get an interesting discussion going posting this over in the main forums, perhaps somewhere in Creation or in the General Discussion area.

[Lindal Kidd]

One might ask why you feel compelled to stick your nose into places where it has no legal business.  Or, on the other hand, one might applaud your civic virtue...simply depending on one's perspective!

In any case, as you yourself know, it's up to the owner of intellectual property to protect their rights.  But that does not mean that you can't call their attention to a possible infringement.  You can't go to LL yourself...as the lawyers say, you have no "standing".  But you CAN contact the person or company you believe has been infringed upon, and send them a link to the infringing content. 

Then it's up to them to take it from there.