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Wednesday, February 27, 2008

Content theft continues

Some may mistakenly believe that content theft, texture theft, copybots, primjacking or whatever else you want to call it, is either being dealt with or just isn't your problem.
I believe this is EVERYONEs problem after all if you can't build/make something new without the risk of it soon appearing all over SL, with someone else profiting, then what is the point of creating?
Maybe you are just looking for great content at the lowest possible price?
Aren't we all, but please remember if the original content creators stop bringing in anything new where are we then?
At a recent discussion held at Hawthorne and hosted by FlipperPA Peregrine for content creators Frank Taney, avatar name Extinct Darwin, answered questions on content creators rights in Secondlife.
The discussion was well attended and I don't intend to copy the full transcript, it can be found HERE.
Frank started by explaining the four different intellectual property types and how they relate to Secondlife he went on the explain what a DMCA (Digital Copyright Millennium Act) was and how it worked to protect copyright.
One of the things that struck me was the level of frustration over Linden Labs lack of action and also how difficult it can be to prove that an object/texture has been stolen, even once a DMCA has been proven, it is still up to the original creator to track down all copies and report on where the infringement is occurring rather than LL removing the article from the inventory as it should:
'Nyte Caligari: I was told by my own IP lawyer that LL isn't exactly following the DMCA by not removing the texture or whatever from the offenders inventory. How valid is that statement?'
'Extinct Darwin: I can only speak from my personal experience . . . .
Which is that they have not gone into inventory. I don't think that is living up to the requirements of the DMCA.'
After several question relating to bring a class action against LL Frank had this to say:
Extinct Darwin: Rule 23 of the Federal Rules of Civil Procedure (governing federal lawsuits) sets forth a number of requirements a putative class action must meet before it is certified as a class action by a court
generally, to be viable class actions, the issues to each plaintiff class member must be common, and involve common legal and factual issues . . .
the common issues must predominate over the individual issues, in other words,
to fully go through all of the requirements as the pertain to this situation would take a while indeed.
More and more ways of copying are pouring into SL and the only thing we as purchasers can do is be very careful who we buy from! But as copying methods get better it is harder and harder for the mere consumer to know which are the originals
It appears most of the Lindens do not even know its a problem and those that do simply point to the DMCA and Abuse Report system obviously with no knowledge that these are temporary fixes at best, yet one more sign that 'The Lindens' no longer have any clue what is happening in Secondlife - stop looking at numbers and get in world! Use an alt if you have to, talk to your residents and creators see for yourselves what really is going on.
I can fully understand the designers' and content creators' frustration over this issue I just wish just for once the Lindens would stop worrying about user numbers and start worrying about the users themselves!
Dana *ends rant*

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