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What Happened to the Intellectual Property Rules?


Shannon Danick
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I remember a few years or so back, there was this HUGE LL/SL TOS change, that was aimed at stopping Creators from using Real World brands and trademarks (ie, the Mesh "Test" Tutorial).

For a while, Items disappeared from the Marketplace at a fast rate. But I have noticed in the past year or so, Real Life branded items have started flooding the Marketplace again. Whether it be clothing (Nike, Converse, Monster Energy) or even Automobiles (Ford, VW, Chevrolet, etc.).

I know the old saying from the Lindens, "We can't stop it if it isn't reported".

BUT...all it takes is 2 minutes and the average person, to see these violations on the Marketplace.

Has something changed in the TOS (I haven't read it since that major change)? Or have LL just said "screw it"?

I don't advocate plagarism or copyright infringement whatsoever.

If LL is just ignoring these "in your face" IP rip-off's, then we are on another slippery slope for more IP theft.

End of Rant.

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LL has to act by the safe harbour if they go against that and remove items from the market place just willy nilly, they can lose the safe habour and that would cause them issues. 

So no LL can not just yank crap off the MP without the DCMA.    a report has to be made before they can act. 

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This might be slightly off topic but it is in the same category - I have noticed that so many SL "designers" completely copy RL designers clothes and textures (Dolce & Gabbana's spanish collection  and Versace's gowns especially)

These SL creations aren't "inspired by" - they are down to the smallest detail copies, and sold as "original". Isn't this also theft? I'm not sure if SL business is big enough for a RL fashion house to worry about - but it seems to me this kind of activity is a bit shady....

 

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LL has to be careful about what is removed from SL.  It must follow the DMCA procedure or lose it's 'safe harbor' which would open them up to huge liability issues. 

One of the reasons to be cautious about what you think may be a rip off is that some creators do have a license or permission to reproduce RL things in SL or use mesh models etc. bought from third parties.  (Coke gave a blanket permission years ago for people to make Coke products as they view it as advertising.  One of the leading guitar makers in SL has licenses from RL guitar makers)  Granted most likely these people don't have permission or a license.  However, sInce there is no requirement under the law or by LL policy to file these with LL, there is no way for LL to know.

The best you can do is report the item to the RL IP rights holder and let them take it from there.  If they feel it's a violation they can file a DMCA, if there is proper permissions or a license, they won't do anything.  If they don't care or view it as free marketing they may not do anything either.  The point is that it is up to the holder of the IP rights (and ONLY them) to decide when a violation occurs.

Of course most people won't do that because they don't want to make the effort or 'get involved' and many people flat out just don't care.   Sadly some people even encourage it as they see it's a way to get over on corporations and businesses.

If you are interested in buying something that may be an IP violation, the best thing to do is ask the creator to show you their license or proof that they have permission. If they can't, don't buy.  That way you won't run the risk of the item disappearing from your inventory without compensation if a DMCA is filed.

 

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LL can yank anything they want anytime they want you forget that you accepted the TOS that was about 5 months back or more. Saying they own anything you make. You dont own it anymore it belongs to them. They can use it to post take the picture or the item. It belongs to them. If they wanted to they could yank it do dirty things to it and put it back lol heh.. Every other thing I make gets taken down for search results anyways... Made a baseball hat about a year and half ago was a reds hat bang it was taken off before i could take a shower. Maybe I have bad luck or something... Trust me they notice everything...

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Well, if they notice everything....then they are ignoring much. Take 5 minutes or less and scan through the marketplace for Sporting items, vehicles, shoes....without even typing in a Search Term. There are items up there that I'm quite sure, are NOT owned trademarks by the creators. Common sense can see through some of those.

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