Need advice, my design was stolen.

[Stephanie Spellhunter]

So if they actually counter fileit will become a process that has to become paid by real life monney?

hmm.. do you think there might be a other way to take down their item, a way that ensures no real monney costs applied?

[Pixieplumb Flanagan]

If they counterfile, for which they have a specified timeframe, then you have the option to declare an intent to file a civil case against them.  This is where the problems begin.  You'll need to talk to a solicitor/lawyer who is experienced in this type of case, and that will cost you an initial consultation fee.  This varies, but in the UK you'd pay at least £60 for an hour.  Then you need to decide to instruct the solicitor, and pay whatever court fees are applicable.  If you are resident in a different country than the person you are filing against you'll need to file in their jurisdiction.  More expense, basically.

Then add in the fees for legal council, which grow really fast, and the cost of representation in the relevant court, travel there if you need to give evidence, the preparation of all relevant paperwork, drawings, computer files etc.  At the end of all this you might win.  However, you might not be awarded costs; you might be awarded costs that they refuse/are unable to pay.  Do you go back to court (more expense) to try to force payment?  And what if you lose?  What if they counterfile and demand costs from you?

All that, and you have next to no chance of ever seeing a favourable result.  You won't get any money from it.  You won't stop them simply re-uploading under an alt and starting over with the same product.

In the (in)famous skin case it cost the victim thousands of US$ and she was forced to settle out of court or go bankrupt.  The other person is still in business.

It's your call, but truly, it's not worth it.  Even if you 'win' you'll lose.

[Pixieplumb Flanagan]

Edit to add.  No, there is no other way to take down their item.  And as many people have said, this is not really even an applicable case for a DMCA, since it is your design that you say is copied, not the actual item, and it's a fairly generic thing.

If they had ripped your actual textures that would be different.  It would still be pointless to file, but at least you'd be on stronger ground.

I'm sorry you feel that your design has been stolen, but I very much doubt you'd be able to persuade a court of law of that.

 

[Stephanie Spellhunter]

Even though i feel i have to pursue this, as you said i am not on strong ground, so I shall not go further.

Though i was wondering if a take-down notice would be enough?

Honestly I feel like i know so little about everything, However I am very glad that i finally have gotten a reply that feels like things become more clear to me

Thank you very much.

[Drake1 Nightfire]

You have been around for about 5 years.. I can guarentee you that at least a dozen versions of your harness have been around for years before you joined SL. Should those creators file claims against you? Its a body harness, you made a clothing layer version, they made a mesh version. Apples and oranges. You cant file against it as it is NOT the same as your item. Even if yours was mesh, theirs is different from yours. I would let it go and move on with your life.

[Stephanie Spellhunter]

Well thing is, I do have a logg file from when i confronted the person, where they are simply laughing in my face even admitting they stole my design knowing I could do noting against it >_> just saying..

If they had been polite and had been willing to co-operate in one or another way so both parties where okay with it, i would have dropped it there and then, but the way of her attitude and trying to slaunder my name ontop of it was too much, The only reason I started looking for help in here.

So "sir" I came to this forum for HELP, not to DEFEND myself... just saying.