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Claiming to be me and selling my Freebie


What88 Zond
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Along time ago I uploaded a static mesh head and put it on a stick as a joke. I made the mistake of giving it to someone full perm. Since then people have reported to me over and over that someone is trying to sell it to people in sandboxes, claims he is me, threatens people if they don't pay him, says I made it for him and that he is valid in doing so because I am a copybotter. Never in my life have I ever copyboted anything. He has changed accounts and is now selling it on marketplace. I have flagged it and abuse reported him so many times I could write a novel on it. He just keeps coming back. 

Is ip removal still a thing? I have asked for this in abuse reports many times over the years and nothing. There has to be something I can do to make him stop. 

Any suggestions would be greatly appreciated. 

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What88 Zond wrote:

Is ip removal still a thing? I have asked for this in abuse reports many times over the years and nothing.

An abuse report is not how you file a DMCA complaint, which is the only way IP is enforced. Of course, you must be the IP owner, which is the case if you created the mesh model from scratch before uploading it. (I'm not sure of the situation here: If you merely paid to license the model for upload, I'm not sure who is authorized to file the DMCA, and of course unlicensed content isn't the uploader's IP in any case.)

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The model I used was from a site that had a "free to use in your own build" type of license. Sorry  for my lack of technical terms. I modded it, cut of it's head and slapped it on a stick as a joke. So, I am not sure exactly how a dmca would apply.

I tried my best to find the appropriate catagory for flagging on MP. I have also deleted it from my inventory ages ago. It still should count as fraud and harassment. The harassment/slander is hard to prove, but considering he has done this on several different accounts the term should still apply. 

Is there any catagory for, "Hey I found a freebie full perm and am selling it on marketplace as my own."? 

It's just so frustrating to see someone take avantage of something that was free and ment to be funny so they can make a buck. :catsad:

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i would not be surprised if you are the one breaking the agreement about this head. You were the first one passing it full perm to another.

Free to use in your build is nearly never meant to pass full perm. Because you had it from another site, you are most likely not the holder of the IP.

If you modified the model enough to get IP rights and you gave it away full perm without licensing... sorry he's allowed to do with ti what he wants.

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What88 Zond wrote:

 

Is there any catagory for, "Hey I found a freebie full perm and am selling it on marketplace as my own."? 

It's just so frustrating to see someone take avantage of something that was free and ment to be funny so they can make a buck. :catsad:

Tough.  If you give something away free and others choose to sell it, how is that different from every other similar scenario SL and RL?  Without an enforceable licence or other binding contract, that's just bad planning (or lack of) on your part.

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What88 Zond wrote:

The model I used was from a site that had a "free to use in your own build" type of license. Sorry  for my lack of technical terms. I modded it, cut of it's head and slapped it on a stick as a joke. So, I am not sure exactly how a dmca would apply.

I tried my best to find the appropriate catagory for flagging on MP. I have also deleted it from my inventory ages ago. It still should count as fraud and harassment. The harassment/slander is hard to prove, but considering he has done this on several different accounts the term should still apply. 

Is there any catagory for, "Hey I found a freebie full perm and am selling it on marketplace as my own."? 

It's just so frustrating to see someone take avantage of something that was free and ment to be funny so they can make a buck. :catsad:

You obeyed the original license (as stated above) by using the model in your own build. Your build consisted of a decapitated portion of the original model plus additional artistic elements (the stick). Technically you have created a new work, and thus created new IP. You have a right to have that protected.

Your initial mistake was giving it to someone full perm. That does happen a lot .. more in days gone by than recently because the Viewer now allows starting off with something other than full perms for new objects. It could be argued that you did not act intentionally to diminish your protections or rights. If you tried to get it stopped by asking for the receiver to delete it or something similar .. and you can document that .. that should go in any requests you make.

You do have a leg to stand on when filing a DMCA (Digital Millennium Copyright Act) It may not be accepted by Linden Lab, but if you do not file then you will not succeed.

Abuse Reports are for reporting violations of the ToS and Community Standards. DMCA is for protecting your creations and copyrights. I think you will have much better luck following the DMCA path than the AR route.

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