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Invasion of privacy


TheNekoMimiGamer
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So last fall a friend of mine was building on his own home parcel, then some jerk came and started telling him to get out because it was his "rape dungeon" that he won in a fight. Of course this is just another troll. They were told multiple times to leave, and he wouldn't.

A few days ago, a video was uploaded on YouTube with the act fully recorded. 13 minutes and 16-17 seconds into the video, my friend's username was clearly visible in the video. I have a screenshot of my friend's username in the video, the time it appears, the video's Universal Reference Link, the date and time the screenshot was taken, and the date the video was uploaded. Since the video was recorded without consent, how may I file a privacy complaint as this is a clear violation of LL ToS?

Edited by TheNekoMimiGamer
Grammar/spelling error
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4 hours ago, TheNekoMimiGamer said:

The point I am making is that he was recorded without consent, and the video had more than just him being trolled

An abuse report in world. Due to the amount of time that has elapsed the griefer in question might not have any sanction applied, nd as it's a fairly minor violation against the machinisma policy, maybe at most a tiny ban, maybe as small as 24 hours. On recieving the ban they will get a reason from the lab, they can put 2 and 2 together, and knowing which video was the cause of the small ban they will then substantially step up attacks on your friend.

The best and only way to deal with these people is to ignore them. If you spend 13 minutes arguing with them, or if you place an AR that can be traced back, they will only come back much harder. Never argue, always :- Mute, Derender, Ignore. They get bored and leave.

Weigh this up carefully, do you really want to cause more trouble for your friend?

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Your friend needs to personally contact youtube with a request to take the video down, as their voice is featured without their consent. I am not familiar with the youtube TOS so it's worth a try for you guys to look into it.

Putting such a video on youtube is not against SL TOS simply because SL cannot enforce their TOS on non Linden Lab sites.

Also, let me repeat this again, your friend needs to contact youtube, not you, not their mom, not their dog, but them.

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3 minutes ago, TheNekoMimiGamer said:

I want to know about how to report a Linden Labs violation because prior to today I did not have picture proof.

This one is more difficult.  It would typically be considered an Abuse Report, but those can only be submitted from inworld and typically need to be submitted at the time something is happening.  You could try it anyway - the option is under the Help menu in the viewer.

You could also try a Support ticket, but I'm pretty sure they'll just respond telling you to file an AR inworld.

Edited by LittleMe Jewell
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4 hours ago, Callum Meriman said:

Well, considering it is not illegal to film other people without consent in real life, I can't see that YouTube would apply any more protection to a bunch of pixels in a video game.

http://www.krages.com/ThePhotographersRight.pdf

https://www.clickinmoms.com/blog/street-photography-and-the-law-7-things-you-need-to-know/

http://www.legalandrew.com/2007/10/11/photo-law-your-right-to-take-pictures-in-public/

Really... your video game character, and even your voice, appearing on youtube is generally not an invasion of privacy under law. It's not a TOS violation on Youtube, and it's a very minor offense in SL.

While that is something I generally agree with you do have to take the situation into account here. The person's voice was deliberately recorded for less than stellar reasons and from what I gather they are being targeted by the video, that should be grounds for removal as it's far different than catching someone else in a video by chance.

 

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2 hours ago, TheNekoMimiGamer said:

When assessing if an individual is uniquely identifiable, we consider the following factors:

  • Image or voice
  • Full name
  • Financial information
  • Contact information
  • Other personally identifiable information

When you report a privacy complaint, we consider public interest, newsworthiness, and consent as factors in our final decision.

 

 

If your friend has stupidly given out real life information that has been recorded, stuff like his real life address, or his real name,  then he (not you, he) can likely succeed in a take down with youtube.

If it's just his avatar name, his pixels, and various non-personal information in a video game then I seriously doubt just his voice will be grounds.

Again, I remind you, if you were sucessful and the person in question gets a tiny 24 hour ban, they will come after your friend with vengance. Are you willing to risk that?

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Oh, there are many ways of anger management which could be helpful in this special case ... cry a river, simply log out, delete all bookmarks to the forums, block it via your host file or run head first into a brick wall, repeatedly.

If someone can't deal with the way forums work, why come here in the first place?

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8 minutes ago, TheNekoMimiGamer said:

 how may I file a privacy complaint as this is a clear violation of LL ToS?

 

the TOS is only for SL, not for youtube, if you report it will most likely not bring a lot of help.. and... your friend was building, thats not really a serious breach of privacy. He didn't lock his parcel nor setted the privacy settings to be invisible.

next time don't go argue with griefers, block/mute, kick out and derender... not after 13 minutes and 18 secs..

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While TOS does protect avatars from being recorded without their permission, you can only report it if you have proof of who recorded it in SL -- i.e. is the youtube user name the same as the SL avatar name or is there anything else that specifically indicates who did the recording?  If you can prove who recorded it, then LL could sanction said avatar (short term ban maybe), but that is the best you would likely get.

However, nothing at all can be done about the posting of said video to youtube since that is not LL owned.

Edited by LittleMe Jewell
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I'm a little confused. From the description, it sounds like the OP its concerned about a video of somebody else being a total jerk. The OP (and friend) were being bullied in the video. It seems like a video record of an act that will get the jerk in trouble, so why worry about it? As Callum says, the machinima violation is a tiny one, so the sanction for it will be insignificant-- hardly worth reporting.

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2 hours ago, Syn Anatine said:

I am not familiar with the youtube TOS

Well, considering it is not illegal to film other people without consent in real life, I can't see that YouTube would apply any more protection to a bunch of pixels in a video game.

http://www.krages.com/ThePhotographersRight.pdf

https://www.clickinmoms.com/blog/street-photography-and-the-law-7-things-you-need-to-know/

http://www.legalandrew.com/2007/10/11/photo-law-your-right-to-take-pictures-in-public/

Really... your video game character, and even your voice, appearing on youtube is generally not an invasion of privacy under law. It's not a TOS violation on Youtube, and it's a very minor offense in SL.

Edited by Callum Meriman
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Dear NekoMimiGamer,

Like others here, I don't hold out a lot of hope for your friend.  However, I think that he should go ahead and submit an Abuse Report.  He should definitely mention that the video is an infraction of the Machinima policy.  If it was taken on your friend's land, and he doesn't have a notice that specifically allows that in the land's description, it's against the policy.  (The mere fact that he and his user name appear in the video is not the infraction; it's the taking of video on land where it's not specifically allowed, or failing to get permission to do so, that is the violation.)  He should also report the video to YouTube.

He should also, of course, mute the offender(s) and ban them from his land.

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I would guess that now is a bad time to express complete privacy expires at your door step or modem. Much like driving (or riding) down the street in a car, total privacy is not guaranteed. So someone saw your friends username and heard a voice. What's the problem? Are we worried that a boss, friend or acquaintance MIGHT happen upon said video and figure "Hey! I know who that is!!!"

If any personal info (RL name, address, DOB, phone numbers...) was exposed, sure, I can see the OP's point. All we have here is a username and a voice that can sound like ANYONE. Callum and Lilith make good reasoning. I personally don't see any invasion of privacy at all.

If someone is videoing a sim and I happen to walk into frame and see it later on Youtube, so what. It's not like I was coerced into divulging my social security number or mothers maiden name.

One last point: Don't be telling people not to post in a thread and declare it closed. That's kinda like the "Streisand Effect" and invites some to post away.

site-closed.jpg

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I can see why that troll picked you and your friend as a target...

Anyways, the part of youtubes policy you quoted refers to real life people and identities. Its not written with virtual avatars in mind. You as a person are not identifyable by the image of your avatar or your avatars name...so you may be out of luck. But since you already contacted youtube, there is nothing else you can do instead of wait and see what happens.

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what a lot of trolls don't realize, (because they are to thick to) is the fact that trolling now in some countries that trolling is now illegal, due to causing some people to commit suicide, you can get arrested for assisted suicide or even manslaughter in the uk where i am,  also trolling u can,  so if it happens here, and they keep on doing it and its making you depressed, and ill you can still report it to your local police in rl and by law, now because of crime on the net ie the site you go , ie weather a gaming site, or forum ie good example is facebook , if its happening to u the police can ask for all data thats on there servers, but they do have to have a warrant to do it, now then the prob is if all data is encrypted, this is a prob or if the said person is using a vpn which keeps anonyminity and don't log, but im sure that sl would help you or the police if the matter got out of hand, all good people would do the same because it would give the company a bad name , so im sure anyway  if proved they would ban that person indefinitely, hope this helps, good luck to you 

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On 5/30/2018 at 10:06 PM, TheNekoMimiGamer said:

The point I am making is that he was recorded without consent, and the video had more than just him being trolled. I was merely stating the time frame where he appears in the video and the fact that his username was visible in the video. To reiterate, Recorded and posted online without consent. The user that trolled and recorded him is currently on the estate's ban list.

The report on YouTube has already been filed. I want to know about how to report a Linden Labs violation because prior to today I did not have picture proof.

could be copyright infringement if the vid is copyrighted

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On 6/1/2018 at 4:45 PM, TheNekoMimiGamer said:

Please leave me alone now before I start using foul language to persuade you that I do not wish to continue the discussion.

What you can do *gasp* is the same as in SL... mute and ignore me here. How you do it here on the forums is hover over my icon, the picture of the boat up the top of the screen.... Then in the middle bottom is "ignore".

And guess what, I simply dissapear for you :D without you needing to resort to bad language or have an ongoing tantrum.

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On 5/30/2018 at 4:45 PM, TheNekoMimiGamer said:

So last fall a friend of mine was building on his own home parcel, then some jerk came and started telling him to get out because it was his "rape dungeon" that he won in a fight. Of course this is just another troll. They were told multiple times to leave, and he wouldn't.

A few days ago, a video was uploaded on YouTube with the act fully recorded. 13 minutes and 16-17 seconds into the video, my friend's username was clearly visible in the video. I have a screenshot of my friend's username in the video, the time it appears, the video's Universal Reference Link, the date and time the screenshot was taken, and the date the video was uploaded. Since the video was recorded without consent, how may I file a privacy complaint as this is a clear violation of LL ToS?

why was the guy allowed to harass your friend for 13 minutes?

griefer: hey this is my place get out of here

me: no this is my property

griefer: no im telling u this is my place

me (after a brief pause to bring up the land access tab and enter his name on the ban avatar list) nope mine, bye bye

cam on the griefer, click add to ban list and watch the griefer fly off into the air

then mute him

time start to finish: 45 seconds

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The point I am making is that he was recorded without consent, and the video had more than just him being trolled. I was merely stating the time frame where he appears in the video and the fact that his username was visible in the video. To reiterate, Recorded and posted online without consent. The user that trolled and recorded him is currently on the estate's ban list.

The report on YouTube has already been filed. I want to know about how to report a Linden Labs violation because prior to today I did not have picture proof.

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For those of you who don't know, and I pulled this directly off of https://support.google.com/youtube/answer/2801895?hl=en

 

If someone has posted your personal information or uploaded a video of you without your consent, you should contact the uploader and ask them to remove the content. (Already did) If you can’t reach an agreement with the uploader, or if you're uncomfortable contacting them, you can request to have the content removed based on our Privacy Guidelines. (Already did)

For content to be considered for removal, an individual must be uniquely identifiable. If you want to use the privacy complaint process, make sure that you are uniquely identifiable within the content you seek to report before proceeding. When assessing if an individual is uniquely identifiable, we consider the following factors:

  • Image or voice
  • Full name
  • Financial information
  • Contact information
  • Other personally identifiable information

When you report a privacy complaint, we consider public interest, newsworthiness, and consent as factors in our final decision.

 

The YouTube report has already been filed, This isn't a photography issue anyway.

This is a blatant troll going to people's sims and recording reactions for crap that they do without asking consent of the people there, and uploading these recordings to YouTube to "Entertain" people who have absolutely no respect for others or themselves.

And if you think that is okay because of the photographer's right which is clearly not even relevant in this issue, then I don't want your help.

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7 hours ago, Lindal Kidd said:

Dear NekoMimiGamer,

Like others here, I don't hold out a lot of hope for your friend.  However, I think that he should go ahead and submit an Abuse Report.  He should definitely mention that the video is an infraction of the Machinima policy.  If it was taken on your friend's land, and he doesn't have a notice that specifically allows that in the land's description, it's against the policy.  (The mere fact that he and his user name appear in the video is not the infraction; it's the taking of video on land where it's not specifically allowed, or failing to get permission to do so, that is the violation.)  He should also report the video to YouTube.

He should also, of course, mute the offender(s) and ban them from his land.

 

On 5/30/2018 at 5:09 PM, LittleMe Jewell said:

This one is more difficult.  It would typically be considered an Abuse Report, but those can only be submitted from inworld and typically need to be submitted at the time something is happening.  You could try it anyway - the option is under the Help menu in the viewer.

You could also try a Support ticket, but I'm pretty sure they'll just respond telling you to file an AR inworld.

And one last thing, thank you for being the only two who fully read and understood my issue and took the time to help me :)

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Now if you people don't mind, I do not need anyone else telling me to do this, that, or the other like I'm stupid or in Kindergarten.

Stop answering to this in general.

It's being taken care of.

If someone can lock this conversation from being answered further, that'd be very nice thank you.

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6 hours ago, Callum Meriman said:

 

If your friend has stupidly given out real life information that has been recorded, stuff like his real life address, or his real name,  then he (not you, he) can likely succeed in a take down with youtube.

If it's just his avatar name, his pixels, and various non-personal information in a video game then I seriously doubt just his voice will be grounds.

Again, I remind you, if you were sucessful and the person in question gets a tiny 24 hour ban, they will come after your friend with vengance. Are you willing to risk that?

What part of the situation is being taken care of was not understood the first time? I already said that twice and now I have to say it a third time? At this point you're not being helpful anymore, you're just making me angry. Please leave me alone now before I start using foul language to persuade you that I do not wish to continue the discussion.

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