Showing posts with label texture infringement. Show all posts
Showing posts with label texture infringement. Show all posts

Sunday, August 3, 2008

Court of inquiry - re Armidi


A step to far in protecting designs?
So what was it all about?
Yesterday I got an IM and a notecard from a good friend Eymerich Lane, now Eymerich is not one to get upset over nothing and when I saw the images he sent me I could understand it.
He had been shopping it seemed at Armidi - Eymerich is one avatar that takes his dress seriously - He had bought the {Gisaci} Cambridge Cuffed Shirt, a lovely design with rolled prim sleeves and prim collar open neck and available in many colours, when he put it on he got the result you see on the left; there were copyright notices all over his hands and legs! The same happened when his wife also tried the same shirt in a different colour.
So I did what any good reporter would do, I went and bought the same shirt and tried it on to see if the result was the same.
While there I bumped into Eymerich and his wife Roselinda with Joppa Linden trying to solve the mystery - now I didn't have the same problem when I tried the shirt on and no more did Joppa, although both Eymerich and Rose could see the notices on Eymerich we could not, although the place was incredibly laggy! When he tried another suit in the Classic style we immediately saw the problem especially on the pants layer - yet on me it looked fine?
Trying on another suit I made the discovery of the actual texture: It was covered in copyright notices - but only in the places where it could not be seen. My guess would be that Armidi have had instances of their textures being stolen and tried this method of preventing it.
The sliders that set the sleeve length and the pants length (the bottom of the shirt) that Eymerich and Rose had bought were set to 100 so that the copyright notices were visible and once reset - which took a while in the lag - the copyright notices disappeared; Problem solved?
In a way yes but none of this explains how the copyright notice came to be on Eymerichs' hands as even set to 100 length a shirt sleeve does not include gloves which would need to be worn to cover the hands, no-one could explain this mystery including Joppa. It will have to remain a mystery and there may have been several factors involved including lag, graphics card, Macbook pro or just a glitch.
My main concern was actually the attitude of Armidi in all this - of course the note Eymerich sent to me he also sent to the Armidi representative who replied that the fault lay with him and that he should clear his cache etc...... basically they were not helpful and there is no doubt that the item was not set right, although MODIFIABLE so you could yourself fix the problem IF you were aware of what was causing it, at the end of the day this was a mixture of causes but you would have thought that a company with the reputation of Armidi in Secondlife would have taken the trouble as we did and Joppa Linden did to try to get to the bottom of it.
That Armidi was at fault here is undeniable - that they are trying to protect their textures is also, sadly, understandable - but shoddy workmanship is not acceptable and if it happens then apologies at the very least should have been forthcoming instead of basically bad advice.
Conclusion: Texture theft is a sad fact in Secondlife and the extremes some designers are going to to try and protect their hard work is understandable but there is never an excuse for bad consumer care - if a mistake has been made own up to it and apologise, you will not lose respect for making a mistake only for ignoring one and trying to pass the buck!

UPDATE:
There appears to have been a JIRA relevant to this and it is suspected that it is a problem with NVIDIA drivers and can sometimes be fixed by either upgrading or downgrading drivers for your graphics cards - the JIRA can be found HERE

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*

Wednesday, February 13, 2008

Texture theft and the designers

You worked into the night to get the collection complete by the fashion shows premiere.
You are sure these are the best designs you have made for a long time and can't wait to show them.
The models are arranged, the press notified of the event, invitations sent out and finally the big day arrives after a few sleepless nights worrying about how well the event will go.
Your nerves are stealed, your attention focussed on the models as they walk down the catwalk a little corner of your mind is tuned into the comments from the audience - 'oooo lovely' 'another great design' 'love the style not sure about the colours' 'I wonder if it comes in other colours?' 'Oh look at that its divine' 'Guess i need to go shopping'
Then into the admiring comments comes this BUY THESE DESIGNS HERE (SL-URL) FOR HALF PRICE!
What the hell???"#~!!!!????
This happened recently to Marco Eckert (SL name Dean Ashby) who runs Redgrave Fashion
Can you imagine how he FELT???
Banning the avatar works for a short time until they manage to replace it will another alt, but the sheer frustration of these designers is at an all time high.
I have heard stories of designers who want to quit SL, some who have stopped releasing new designs and others who have 'lost the will to build' can you blame them?
I can certainly understand it and sympathize completely.
I feel sorry for Secondlife, because this is happening, we as citizens are losing great designs, how can we 'be what we want to be' when someone can just come along and steal it?
Next time you see a design that has been ripped off - 1st DON'T buy it! 2nd INFORM the designer where you found the copy, he or she will need that information to pass on to the DMCA if you can send a notecard with a landmark and a description of the rip off, maybe with a name if you can find the owners name.
Help our designers, help us all to beat the thieves!
Dana Vanmoer

Saturday, February 2, 2008

Nicky Ree starts to see results from DMCA

After hearing about the numerous thefts suffered by so many fellow designers, I thought to share a little good news with you all, it may not be much but it is a small step and a little good news.
I filed another DMCA against Annejoy Paine of aDiva this year and Linden Lab have checked my DMCA and taken down the 2 items I listed in all the locations in the DMCA.
So do take heart honest content creators and designers, file your DMCA in the correct manner and do not give up, every little thing counts.

Nicky
Click images to enlarge
Full story HERE