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AnaisAigner

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  1. It looks like a LOT of your stuff may be listed in the wrong categories. The Gacha stuff from memory, you sell should be in Used Items - I can see at least 400 of your listings in the wrong one so that is likely one area you are getting flagged from people, as you are clogging up the other listings. I think you can mass change your Gacha listings and update.
  2. They will give the filer the counter filers information. They won't take the filers item down unles the counter filer then files a fresh takedown notice on the other person (who can then counter file if they disagree). Then it is time for court, or it's the end of the matter. Btw Pamela, I am a big fan of your work!
  3. It was a joke, lighten up cupcake. I am Swedish so my English sometimes will have poor spelling. Have a fish!
  4. In relation to the original post on prices etc. I sell avatars on my commercial account along with a clothing store. I can't speculate what specific pricing I would set yet as I don't yet know the market or interaction I will have with it. It all comes down to competition and demand for me. If Demand is high and Competition is low I will price accordingly. However, I suspect within a year it will balance out with Competition and the price war will star just like it did in Second Life. As long as demand is high and some stiff competition that means consumers will get a better deal as creators can bear lower prices if they sell high volumes. I just hope Gotchas and Events don't make it to Sansar. Those are things that effectively have funneled revenue into specific patterns that really have saturated content too much for my liking.
  5. I think you may want to raise a ticket to LL. Your tag has been messed up. It says Helper. Obviously an error :smileytongue:
  6. No problem (1) it's not my template it's a standard template so can you use freely. (2) You aren't filing a DMCA (that stands for Digital Millenium Copyright Act). You are filing a takedown notice under that Act. (3) Anything to lose? Not for me to say really. What I will say as an artist myself in RL is (a) Be honest and have integrity. I think what is important is only ever use a takedown notice if you are 100 % sure that your work is original. I would not do it if perhaps you were inspired by something as you may not be that different from the person you are naming in the takedown notice. (b) Be aware filing a takedown doesn't mean a resolution to the issue. It's just step 1. So if the person who receives the notice disagrees that their work is a copy of yours, they can simply file a counter notice and Linden Research Inc. will put the item back up. It's then up to you to take to court. © Taking to court. It's really rare for people to pay thousands of dollars over what amounts to pennies (and without registered copyright you won't get damages even if a court agrees that the copyright was infringed upon). So this is perhaps the most important thing to consider. The biggest thing you can lose is your time. You research, file, wait, then have to deal with the situation and stress it brings. So perhaps, sometimes, while it is a bitter pill to swallow. It's simply best to walk away and focus your energy instead on making something new and having fun with it. (3) Inventory of avatar - means - name the avatar and state you want the item removed from inventories in Second Life (not just copies that are on SL Marketplace or rezzed in stores etc). Hope that helps.
  7. Shrugs, it's the terminology she used but her work was clearly (when you looked at her links) texture based and therefore captured under the information I provided. I didn't comment on whether her actual item was infringed upon nor whether her artwork was original or whether she had a case. I think that was made clear above in my comments (actually very clear). That's not my place to do so NOR is it yours. That's for a court of law eventually, if she believes it is her own original work. She was asking for simple steps on how to take her complaint forward. Not to be told, what you gave her, which is mis-information from somebody who clearly isn't legally qualified. You wrote here, making a bunch of assumptions, and trying to state as fact (badly) copyright law and intent which was not accurate nor fair to the OP. Trust me even lawyers have trouble with it, so please don't play an e-lawyer online. It's disengeious to those who are asking for valid advice here. You got derivative and transformative works also confused in above posts further muddling the water for the anybody with similiar questions. You gave her poor and incorrect advice including flinging terms around like "winning a DMCA" when there is no such thing. I won't keep debating you, it's a further detraction to the OP. But suffice to say anybody else unclear on how to file a DMCA takedown notice can follow these steps where they believe they have a valid case (my own advise is get legal advice and register your copyright in the US going forward to enable statory damages if your work is of sufficient commerical value). • Be in writing - fax transmission is sufficient; • Be signed by the you, as the copyright owner, or your agent (your electronic signature is sufficient); • Identify the copyrighted work that you claim has been infringed (or a list of infringements from the same site including SL Marketplace links, and location in world if available) ; • Identify the material that is infringing your work (including Avatar Name and SL Marketplace links, location in world if available; • Include your contact information; • State that you are complaining in “good faith;” • State that, “under penalty of perjury, that the information contained in the notification is accurate;” and • State that you have the right to proceed (because you are the copyright owner or the owner’s agent). Your notice may look like the following to make your claim: VIA FAX to Linden Research Inc. Re: Copyright Claim To Linden Research Inc: I am the copyright owner of the item being infringed and hosted upon your services at this location: Name of Sim: Name of Avatar who uploaded the item: Location of SL Marketplace Link if available: Inventory of Avatar named (normally same person who uploaded the item): My original design is at: Name of Sim: Name of Avatar who uploaded the item: Location of SL Marketplace Link if available: Inventory of Avatar named (normally same person who uploaded the item): This letter is official notification under the provisions of Section 512© of the Digital Millennium Copyright Act (“DMCA”) to effect removal of the above-reported infringement. I request that you immediately remove the specified item and prevent the infringer, who is identified by their avatar name, from uploading the item to your servers in the future. I have a good faith belief that use of the material in the manner complained of here is not authorized by me, the copyright holder, or the law. The information provided here is accurate to the best of my knowledge. I swear under penalty of perjury that I am the copyright holder. Please send me at the address noted below a prompt response indicating the actions you have taken to resolve this matter. Sincerely, Your details.
  8. No, still incorrect, I really recommend getting proper legal advise not what you think you may know. The original image files she has in photoshop are protected by copyright from the date she created them (subject to the usual caveats as such they are original, her designs etc.). Go search the copyright office for those who have registered such copyrights historically in the US. The reason I am so adamant on this is, I had to pay a serious amount of money for my RL graphic work legal advice and copyright filing which extended from the original file through to the licencing deal (totally separate) when I was published last year. I used some of the published images that were not in that deal for Second Life and the same IP lawyer registered my copyright. Those images were used to texture specific assets within SL, this did not dilute or remove my copyright. The fact she applied her artwork to an avatar does not negate her original copyright. She has only provided a licence to Linden Research Inc per the TOS to display that work etc within the platform. It also does not provide any rights to third parties to replicate nor create a derivative work from it. I really find it disengious when people give false advice to people on forums without a clear citation or rationale. You have not helped the OP, only provided them off subject information (including mistaking the item as "clothing").
  9. That's technically a false premise. It's not clothing (a common mistake people make when they think about what the art or asset is versus the medium it is in). The first is an image that can be defined as an artwork applied to an avatar (artwork can be protected by copyright). The second is a 3d Model of that artwork (making it a derivative work). Where it is infringing is a different matter of course, but derivative works are well within the scope of copyright law even if in a different medium (where the application applied is the same - in this case for some 3rd party avatar set up within a virtual world). To the OP, it's not about winning a DMCA (there is no such thing that comes later when and if there is a court case). Under the DMCA you can file a takedown notice to the party hosting the alledged infringing works. This will advise Linden Research to take the item down. They must comply with your notification to keep safe habor. 1 - To do this you need a template (google search DMCA Takedown Notice Template) and fill it it. It's a few pages long. 2 - Ensure you list it in your item link and the item link you are alleging is infringing upon your design. Be honest and truthful as you are signing a legal notice and fax it to Linden Research (the fax number is in the link already posted). 3 - Linden Research will take the item down; AND 4 - The other seller will be notified and will then have the opportunity to keep the item down or counter file and get it put back up if they do not believe they are infringing. 5- They have to provide their contact information at this point so you have the ability to persue them legally. If they don't believe they are infringing, it's then over to you to legally take forward if you are disagree as you have their information in real life. Nobody here can give you an opinion if it is infringing or not, only a court can really decide that but if you are adamant it is, that's the process above to follow.
  10. You don't need consensus (which is an appalling situation in most business contexts) to influence real change. You said above you would be ok with a month wait. Why? Seriously, why would you be ok with any third party company you are transacting through holding your income for that length of time.
  11. That's nice. Are you being a troll today?
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