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Xenu87

Dmca for items not on the Marketplace

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Greetings everyone, this is my first topic and i'm glad to be part of this helpful community. I'm fairly new on SL but i tried my best to understand how it works so far. My simple question is: Is it possible to Dmca an item that isn't sold anymore on the marketplace? I've seen many people going around using ripped mesh avatars from other videogames and i was wondering if the original creators (in this case the companies) could still file a dmca towards these sellers even tho they are not seeling the items itself anymore on their MP store. Thank you.

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7 minutes ago, Xenu87 said:

Greetings everyone, this is my first topic and i'm glad to be part of this helpful community. I'm fairly new on SL but i tried my best to understand how it works so far. My simple question is: Is it possible to Dmca an item that isn't sold anymore on the marketplace? I've seen many people going around using ripped mesh avatars from other videogames and i was wondering if the original creators (in this case the companies) could still file a dmca towards these sellers even tho they are not seeling the items itself anymore on their MP store. Thank you.

it's not only about sélling, but also háving illegal content.
If somebody has the rights for a object/outfit..or anything else, and it's illegally present in SL he'/she can dmca it.

 

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6 minutes ago, Ethan Paslong said:

it's not only about sélling, but also háving illegal content.
If somebody has the rights for a object/outfit..or anything else, and it's illegally present in SL he'/she can dmca it.
 

Yes, my confusion arised when i've read of the takedown action. Usually dmcas claim forces LL to take down from the mp the incriminated item. And in the dmca file itself the owner of said item has to link or provide evidence that this item was actually being sold. If the origin of this item can't be traced, how's it gonna work?

Edited by Xenu87

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Yes. However the method for reporting it is a bit more tricky/involved.

As Second Life contains hundreds of terabytes of assets, Linden Lab has no feasible way to shift through all the assets to find one that matches the description of a report, as such they will need some sort of pointer to where the asset is located.

If the object is rezzed in-world, this makes it very easy to find. Simply log the location(See this article for more information about region locations), the name of the object, who owns the object, and the creator of the object(See the picture below, it shows "Chaser Zaks" as the owner and "Ancient Mole" as the creator).

If the object is worn or otherwise may disappear, copying the asset ID is a must! Some viewers such as the Firestorm viewer allow for residents to copy the asset ID of a object via the build menu:

image.png.4877f082b8624aca64166479b142e873.png

Including this Key which will look like "ecbba654-87ce-3bf6-dfa4-6368405a6914" will greatly improve Linden Lab's ability to find the offending object, as this is a pointer in the asset server to what the object contains and can show them the Mesh IDs, Texture IDs, various other IDs associated with the object.

 

Please do keep in mind though, only the copyright owner or someone who has been authorized to act on behalf of the copyright owner may file a DMCA. While I wish there was less stolen content in Second Life, I cannot report it myself. The best course of action is to make notes of such details and report it to the copyright owner for them to decide whether or not to enforce their copyright with a DMCA.

 

Linden Lab has several good articles on the DMCA process which can be found at these URLs:

Although not official(Unsure if it was written by Linden Lab and hosted else where, or compiled information), this may also be very useful:

I hope this helps and answers your questions!

Edited by Chaser Zaks
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DMCA can be filed by anyone (as long as they own the I.P.) for anything in SL or on Market Place or anything LL property, including these forums. A resident can file a DMCA against another resident for something in-world.

However, LL does not follow the DMCA law completely: If someone files a DMCA action against another, the item in question is removed. That seems to be the end of where LL complies with the law. If the person who was filed against (the accused offender) files a *counter* DMCA claim with LL then LL notifies the person making the original DMCA claim.

In that case, the person making the original DMCA claim has 10 business days to file a *court action* and must provide proof of that action to LL. If they do not then the DMCA claim is rendered moot and the person that was accused of infringing can put that stuff BACK. In this case, the person accused can file a "False DMVA claim" against the person who filed it and if found to be true (a false claim) - it is a $10,000 fine and the accuser can then take them to court for punitive and special damages (money).

Why do I say LL falters after the first part? because I've seen it happen: Someone files false DMCA, accused counter-claims, after ten days with no word from anyone or anything they put their stuff back. The same person files DMCA again - rinse and repeat.

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Thank you so much for all your answers, it's always great to have such a helpful community that answers so quickly!

Edited by Xenu87
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3 hours ago, Alyona Su said:

Why do I say LL falters after the first part? because I've seen it happen: Someone files false DMCA, accused counter-claims, after ten days with no word from anyone or anything they put their stuff back. The same person files DMCA again - rinse and repeat.

This is not a failure on LL's part. This is in full compliance of the law.

Edit: In addition, it is often not worth taking someone to court for trying to sell your virtual items on SL because the legal and travel fees are going to far outweigh what you'll probably get out of them or the damage they're causing to your business, assuming you don't somehow fail to prove that you're the owner of that IP. And if the person getting DMCA'd (or both of you) don't live in the US, well.. It's going to be an awkward legal battle using American law & legal form. (Even though some countries outside of the US do respect the DMCA or have DMCA-like laws, but DMCA itself is American.)

Edited by Wulfie Reanimator
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55 minutes ago, Wulfie Reanimator said:

This is not a failure on LL's part. This is in full compliance of the law.

Edit: In addition, it is often not worth taking someone to court for trying to sell your virtual items on SL because the legal and travel fees are going to far outweigh what you'll probably get out of them, assuming you don't somehow fail to prove that you're the owner of that IP. And if the person getting DMCA'd doesn't live in the US, well..

Sure. Just saying, if you are accused of DMCA violation and you counter the claim and no action is taken you have a legal *right* to put that stuff back up.

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Just now, Alyona Su said:

Sure. Just saying, if you are accused of DMCA violation and you counter the claim and no action is taken you have a legal *right* to put that stuff back up.

I completely agree and that's what I was saying.

I also have a bad habit of editing my posts with additional thoughts way after posting it, so sorry about that. ?

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10 minutes ago, Wulfie Reanimator said:

I completely agree and that's what I was saying.

I also have a bad habit of editing my posts with additional thoughts way after posting it, so sorry about that. ?

Hahaha, I do that, too!  :)

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