Coyote1 Wylie Posted October 17, 2011 Share Posted October 17, 2011 The person who created most of the items wants to be able to sell them at their own store,however, the items are still being, without permission sold at the original store, whichthe 2 friends belonged to together.What recourse is there?Is a lawsuit neccessary? Link to comment Share on other sites More sharing options...
Ann Otoole Posted October 17, 2011 Share Posted October 17, 2011 A DMCA can be filed on the items in question. When the counter DMCA is filed then the matter can go to court. Link to comment Share on other sites More sharing options...
Coyote1 Wylie Posted October 17, 2011 Author Share Posted October 17, 2011 Can you please explain the process? Link to comment Share on other sites More sharing options...
Amethyst Jetaime Posted October 17, 2011 Share Posted October 17, 2011 It entirely depends on what, if any license or agreement was in place. If they didn't have anything that is legally enforceable, and the one person gave them items full perm, there may not be much they can do about it and I doubt the Lindens will either. However if there was a legally enforceable agreement or license, and this violates specific terms of it, then they can file a DMCA notice with LL and take it to RL court. Never enter into a business arrangement with anyone, no matter how much you trust them, or give items to anyone full perm unless you also give a very specific license outlining exactly what the terms were. Otherwise you may end up in a situation such as this. Unfortunately giving something full perm to anyone without a legal license spelling out specifically what can be done with it means that the new owner can pretty much do what they want with it. The burden of proof that this is not true falls on the creator. All proofs must be rock solid too or the request will be denied. Here is a link concerning the DMCA and what LL will do and not do and how to file a DMCA notice: DMCA: Digital Millennium Copyright Act Link to comment Share on other sites More sharing options...
Coyote1 Wylie Posted October 17, 2011 Author Share Posted October 17, 2011 Can the creator still sell the item also, or are the rights lost at this point in time? Link to comment Share on other sites More sharing options...
Ziggy21 Slade Posted October 18, 2011 Share Posted October 18, 2011 I think you both have the right to sell even though the intellectual property really belongs to the creator. Presumably if we were to ask the ex partner he would say something like 'well he made the stuff, but I paid for the land and did all the marketing' or something similar, so unless you had something in writing or the items in question are particularly valuable I think I would give up on them. Innovate your way out of this situation, you are the creator, go forth and create, remake these things but make them better, and make some more stuff besides, if your ex partner doesn't make stuff he can get no bigger, a few weeks with your nose to the grindstone and you can leave him miles behind. Link to comment Share on other sites More sharing options...
Fabien DeSantis Posted October 20, 2011 Share Posted October 20, 2011 *sigh * first rule of business. never form partnerships.. ( the second I've never been told but probably never trust anyone who says...' trust me ' .. Link to comment Share on other sites More sharing options...
amarock Amat Posted October 27, 2011 Share Posted October 27, 2011 You do know that all major business's are rarly own by a single person but by boards of commites or a group of investors? Partnerships are the only way to thrive in this mega huge thing we call world based economy, and you can say you heard that from the pigs mouth. Link to comment Share on other sites More sharing options...
Sassy Romano Posted October 27, 2011 Share Posted October 27, 2011 My partner and I have in place the Intel/AMD model. Assured mutal destruction. Each of us is intrinsically reliant on the other so that may be entertaining one day... Link to comment Share on other sites More sharing options...
Kylie Jaxxon Posted October 27, 2011 Share Posted October 27, 2011 Hah...I like that!! Link to comment Share on other sites More sharing options...
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