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Jez Ember

Why do LL consider DMCA take downs to be temporary?

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I would love to know why LL restore habitual content thieves accounts and their MP listings within a few months of DMCA take downs? I can't understand how the DMCA can be interpreted to be a temporary request. I also can't understand how LL can have such little regard for creators that, having been given the asset IDs of exploited prims used for content theft, they do not erase the assets and permanently suspend the accounts that own them. How can a bug from five years ago be allowed to continue profiting content thieves today?

I'm happy to name names to anyone who asks (I'm aware of 16 alts of the same content thief) although many creators will already know exactly who and what I'm talking about. I'm only not posting links here to eliminate any excuse to kill the post.

Might this be taken more seriously if I get a lawyer involved with my next DMCA takedown and subsequent non-compliance? Has anyone tried that already?

Jez

Ember Games

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Jez Ember wrote:

I would love to know why LL restore habitual content thieves accounts and their MP listings within a few months of DMCA take downs? I can't understand how the DMCA can be interpreted to be a temporary request. I also can't understand how LL can have such little regard for creators that, having been given the asset IDs of exploited prims used for content theft, they do not erase the assets and permanently suspend the accounts that own them. How can a bug from five years ago be allowed to continue profiting content thieves today?

I'm happy to name names to anyone who asks (I'm aware of 16 alts of the same content thief) although many creators will already know exactly who and what I'm talking about. I'm only not posting links here to eliminate any excuse to kill the post.

Might this be taken more seriously if I get a lawyer involved with my next DMCA takedown and subsequent non-compliance? Has anyone tried that already?

Jez

Ember Games

As far as i understand it, they can only take down what items you list. If the violator has alts that he them uses to create a store with the same items you need to file again. Changing your IP address is a simple thing so they look like a new person.

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Jez Ember wrote:

<snip>

Might this be taken more seriously if I get a lawyer involved with my next DMCA takedown and subsequent non-compliance? Has anyone tried that already?

Jez

Ember Games

The legal penalties for copyright infringement are:

  1. Infringer pays the actual dollar amount of damages and profits.
  2. The law provides a range from $200 to $150,000 for each work infringed.
  3. Infringer pays for all attorneys fees and court costs.
  4. The Court can issue an injunction to stop the infringing acts.
  5. The Court can impound the illegal works.
  6. The infringer can go to jail.

Source

Now that Linden Lab requires Payment Information On File in order to open a store on the MP it makes it much easier to find out the RL information of the offender if they are creating new stores.  The problen will be whether the infringer lives in the same Country as you.

If you want real legal guidance then you should talk to an Attorney and many do offer free initial consultation.

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[disclaimer] I am not a lawyer and thisd is not legal advice [/disclaimer]

DMCA take downs are ONLY a mechanism for you to inform a third party (LL) that they are facilitating infringment.  The proper response for that third party is to remove the content you report unless the individual you file a claim against files a counter claim.

They can at their discression impose further penalties agasint the reported account if they feel it is in the best interest of their service, for example to ban a repeat offender.  At most they can try and go after the culprit for breaking TOS. They can not take legal action based on your copyright, only you can do that if you desire.

 

Wilful determined infringers cannot be stopped by technological means, just ask the infamous RIAA / MPAA.

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You should read the DMCA policy which essentially this:

You file a DMCA and LL removes the items

The person who you filed against can file a counter claim, LL then restores the items.

The ball is in your court then to sue them in RL court and obtain a court order for LL to remove the offending items permanantly.

http://secondlife.com/corporate/dmca.php

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Right. The DMCA process is for informing a third party they are unknowingly hosting or showing violations of copyright to give them a chance to stop being an accomplice. The DMCA process through the Lab is not the adjudication of your copyright claim and the Lab isn't the judge of these things. It's not their job to police my copyright or anyone else's.

 

As DMCA'S can be abused, the proper means of litigating alleged copyright is like anything else, through findings of fact and conclusions of law reached in the court system.

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The OP did not say a counter claim was filed.

They said the Violator was using different accounts to relist the items.

Big difference there.

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Because according to the law, after the takedown, the one complaining of infringement has a certain length of time to file a legal complaint about the infringement in a real court. If you don't do that ... they HAVE to restore the content.

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Jez Ember wrote:

I would love to know why LL restore habitual content thieves accounts and their MP listings within a few months of DMCA take downs? I can't understand how the DMCA can be interpreted to be a temporary request. I also can't understand how LL can have such little regard for creators that, having been given the asset IDs of exploited prims used for content theft, they do not erase the assets and permanently suspend the accounts that own them. How can a bug from five years ago be allowed to continue profiting content thieves today?

I'm happy to name names to anyone who asks (I'm aware of 16 alts of the same content thief) although many creators will already know exactly who and what I'm talking about. I'm only not posting links here to eliminate any excuse to kill the post.

Might this be taken more seriously if I get a lawyer involved with my next DMCA takedown and subsequent non-compliance? Has anyone tried that already?

Jez

Ember Games

DMCA isn't temporary.

You file a claim

The item is removed/deleted

If the person you filed a claim against files a counter claim, the item is restored and you are notified.

You then have the choice to ignore the counter claim by doing nothing, or sue the person for copyright infringement.

 

Each DMCA notice is by account by item.  So if you have 1 person selling 10 items, you have to list all 10 items in the same notice.

If the person sells the same item again, then you can file another notice for the repeat infringement of the same item, by the same seller, at this point, LL can either just remove the item, or they may suspend/ban the person. It will all depend on what LL's policies are regarding repeat offenders.

 

If the person creates a new account, then sells the items, it is considered a new offence if they sell the same  item again, since it is a new/different account.

Basically you will need to file for each new account that is selling your items.

One of the major problems is that the high courts have not yet received a case regarding multiple accounts owned/run by the same person, and dealing with digital content.

So there is no onus on any company, LL, Google, Yahoo, etc., to do more to track who may or may not be running "alt" accounts.

Sure, all of the offending accounts may be the same person behind the screen, but as someone else said, changing an IP address, changing a MAC address, using any number of stolen CC numbers can make linking the accounts with enough proof difficult.

Unfortunately, you will just have to continue to file for each new account that crops up.  Although if you do have the money, getting an attorney involved might be worth it so that you try to find out who is behind all of the accounts, and if they are the same person, you might consider taking them to court and suing them.

 

 

 

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