DMCA question...

[Lexi Zelin]

A false dmca was filed against me earlier this week, I filed my counter claim and LL ip team emailed me saying it was okay to put my item back up now. 

I asked for the person who filed this false claims infomation because from what I have read and heard I am supposed to be able to see their sl and rl information after I filed my counter claim. I want the information because I have full intend to press charges for them knowingly filing a false dmca .. Long story you can read here --> http://community.secondlife.com/t5/Merchants/Harrassing-store-owners-by-filing-DMCA-reports-against-them/td-p/1271115

 

Anyway, my question is how do I get this persons information like I'm supposed to be able to? How do I press charges if the information is not released? And why does linden lab not care that people are filing false dmca's on an innocent long time resident? That is against the law! I'd think that would care.. -_-

[Chelsea Malibu]

Under the Safe Harbor provision, no real identities need to be given for DMCA notification to either party.  The party who claims the take down action, must prove their identity to show notification of the action in that they own it (anonymous avatars do not own content) however, they are not required to give you information nor can they disclose your information to them without a subpoena which is LL's normal policy.

If you want to press charges in civil court you would need to hire an attorney which will more than likely start at around $2,000 US and you would need to prove damages.  You would only be capable of winning back damages and court cost if you did win. So the question is, how much did you loose financially? Emotional distress, etc, would not apply in this type of litigation.

Once you hire an attorney, they would need to subpoena LL's records for the personal information on that user which is a very tiresome and lengthy process to accomplish due to Privacy Issues.

My suggestion would be to let it go and move on.  You've already won this battle, don't turn it into a war.

 

[Madeliefste Oh]

---

Chelsea Malibu wrote:

(anonymous avatars do not own content)

---

A while back I have been talking with a lawyer about an issue like this. I asked him 'Can my avatar be the holder of my copyrights?'.  The answer is no, only you as a natural person or your business or organisation can be holder of copyrights. Nevertheless you can consider your avatar name as a trade name, under with you operate.

[Hypatia Padar]

Upon receipt of a counter-notification, the ISP such as Second Life has an obligation to send an actual copy of the counter-notificatioon to the person who filed the DMCA Notice but LLhas no legal obligation to send the alleged infringer (you) a copy of the DMCA Notice or the name of the person filing the Notice.  There ghave been many cases litigated about DMCa abusive notices and you will prevail only if you can PROVE that the person filing the DMCA Notice did so with knowledge that the Notice was false and contained misrepresentations.

 

I will be publishing a book - DMCA Handbook for Virtual Worlds in January.  Check out www.dmcahandbook.com.

[Chelsea Malibu]

Hmm, do we have another JD in the ranks?  Welcome Hypatia...we should meet up and talk someday in world.  I have an idea but need another JD or two to assist in creating an in world court.

[Lexi Zelin]

An in world court would be amazing for so many in sl.I was amazed when I found my sl/rl lawyer Monday Beam .. when all this started I was affraid I wouldnt find any lawyer to help that would know about sl or even take it seriously.. I wouldnt care but my store and my brand means alot to me this is the first time ive ever been able to pay rl bills and support my child through my art and that feels amazing and I don't want to lose that for things that I'm not even at fault for..  

And thank you for yours and everyone elses advice on this issue. 

[Toysoldier Thor]

The biggest problem / issue with DCMA's effectiveness as a tool to protect IP of creators in virtual world micro-economies (like most merchants in SL) is that abuses of DCMA by Virtual World DCMA griefers or someone that has some intense grudge against a creator is very possible with almost no effective risk of being prosecuted for false claims.

As Chelsea has already explained very clearly in a past post, 99% of SL Merchants run a business with such a small level of revenue that it simply is not feasible to counter and punish an abuser.  Most abusers know that no IP Creator in SL will spend thousands of real $ in an attempt to stop and punish a false claimant for a revenue source that would be maybe a $1000/year if they are lucky.

Therefore its very easy with little effective risk for a griefer to cause great pain and loss against a legit IP Creator because LL and the DCMA regulations basically favor the claimant.

As such, the best hope for most SL IP Owners is that no one hates you enough to file a DCMA against you from their anonymous position.

[Josh Susanto]

Has there yet been any effort to create a defense fund against false DMCA activity inside SL?

I have repeatedly asked Wikipedia and other organizations to create some means of collecting donations inside SL, but, so far, no one seems to have done so. 

But it seems to me that if a false DMCA activity defense fund even existed, that would be some small step toward a real deterrent to abuses. 

Sadly, I really have no idea how to get one started.