DMCA Question

[Deja Letov]

Thought I would give an update on this. I went out of town and couldn't kieep up with it so here we go.

After sending in the fax, I sent LL an email telling them to cancel my dispute. My husband was really concerned about others having our personal information and since I don't have an alternative business address I used my real name and real home address and phone number. So ya...I don't want some freak having that info, I have a family ya know. Not a big deal since the item in question appears to only be a simple grass sculpt. So I've replaced that sculpt with a different one, and put the new item out for sale and made a new marketplace listing.

Now, to protect myself for future I am now treating things in a much more business oriented manner. And honestly, I do take fairly decent profit from my little business here in SL and I file taxes on it every year so might as well. I've went and got myself a PO Box and also will not be putting my personal name on any form in the future, they will get my business name or nothing else or worse case my initials but no more real name on those things.

I've also made a commitment to myself and am learning how to create sculpts for myself. I already do most of my own textures and I want to eventually move to only using 100% of my own textures (I'm about 70% there I think) and sculpts I would like to only use others for very specialized things that I just can't do myself.

Weird thing though...apparently when it comes to these claims, your Marketplace listing, not the item is actually affected. I changed out the item associated with the marketplace listing to the newly created item but the entire listing was actually removed not the actual item. It was actually left in my marketplace box.

 

 

[Ry0ta Exonar]

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Deja Letov wrote:

Weird thing though...apparently when it comes to these claims, your Marketplace listing, not the item is actually affected. I changed out the item associated with the marketplace listing to the newly created item but the entire listing was actually removed not the actual item. It was actually left in my marketplace box.

 

 

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I guess that's because IP team don't know the change you made and it's the listing that was reported to be infringing. So did they remove your newly created item from your magicbox? and what about your own inventory...I mean, did they remove anything also from your inventory?

[Elle Crescendo]

The process is very one sided, I have just been through this. I had DMCA filed against some of my designs and I counter filed it, you can give a PO Box, which I did.

When you get the DMCA takedown from LL, it is an email from the IP team, it tells you nothing about who filed or for what. It simply says a complaint from "A copyright owner".  When you counter file, you give full disclosure of all your personal info, name, address, email and phone number.  As soon as you counter file, LL will forward your document with all your info to the person who filed against you, you still receive NOTHING about the person who filed.  They then have all your info, you know nothing about them.  They then have 10 working days to forward documentation of court proceedings to LL, or your items are restored.  I guess you would receive their details if they intended to take you to court.

In my case my items were restored to the market place as there was no validity to the claims

The whole process is very intimating and upsetting, it seems very unfair that the only way to get your items restored is reveal all your personal information to a stranger.  But that's the way the process works, so setting up a business address and name is a very good option.  I also understand you can have a legal representative file on your behave.