Comments on: Second Life Content Creators’ Lawsuit Against Thomas Simon (aka Avatar ‘Rase Kenzo’) Settles; Signed Consent Judgment Filed [Updated]

By: Calla Cela

Calla Cela — Mon, 13 Feb 2012 19:28:41 +0000

Note: the avatar known as ‘Rase Kenzo’ is still in SL when searched as of February 2012.

So much for SL support for content creators.

By: cryptid

cryptid — Sun, 06 Dec 2009 11:29:03 +0000

And when LL shuts down SL or the company goes under or one pissed resident bombs the hell out of them. All their data storage goes or is deleted..all your accounts..all your “intellectual property” GONE…and all those years you wasted creating stuff in SL you realize you missed out on a lot of life. because you were too worried about someone “stealing” your “idea” or “art” that has no bearing or use outside of SL. All those years you spent hundreds or thousands of dollars that you have wasted when you could have bought yourself a new car, home, food for your kids, used for bills or credit cards your now behind on. You were too busy with SL to notice your kid just swallowed your bottle of xanax or the cleaning solution under the sink…your kid drowns in the bathtub or in the pool out back not because you were stoned but because you were too busy “creating” your “business” in SL.

I will be outside having fun in the sun stealing your car or getting your daughter pregnant while your zoned out on SL and could care less about the world going on around you.

By: Mark C

Mark C — Sun, 14 Dec 2008 23:18:58 +0000

jamine, you don’t seem too bright.

The fact that this happened in SL is utterly irrelevant. Person A created some artwork, retaining copyright. Which is the RIGHT TO COPY. Person B stole the art and made money from it, which is against the law.

International copyright matters are international copyright matters. Your point about your being in Australia is no different than if I stole an original artwork of yours off your web site and started distributing it from the U.S. It may be difficult to prosecute because of the small amount of money involved, but again the medium (web, SL, whatever) has dick to do with it.

By: Montana Corleone

Montana Corleone — Fri, 11 Apr 2008 23:32:29 +0000

@ jasmine. You forget two things: one is most of the rights under the US Copyright Law, and hence DMCA, are there from the Berne Convention, which applies to, and is respected by, signatory countries, which is almost every one, including China and Russia, because adherence to the Berne Convention is a prerequisite of membership to both the WTO and the EU.

Secondly, all LL owns is the data, not the copyright, which they very clearly state in their ToS that the user retains rights to. The data is just the medium for the copyright work, exactly the same as a CD or DVD track is just the pits on a plastic disk, or the ones and zeroes in your computer. That is not copyright, it is the work itself, the music or movie that the data represents that is the copyright work. Just as the disk itself is not copyright. When you buy a CD or DVD, you buy the disk, so you own that, along with a license to use the copyright work contained in.

By: jasmine

jasmine — Tue, 11 Dec 2007 02:31:40 +0000

You use the word ‘thief’ I’m assuming you mean it in a non-technical sense, but I’d be interested in a reasoned position on how and why the Courts should protect those who use Linden Labs tools and programs to create ‘content’.

Lets say I’m an Australian creator and I sue you for copying a creation of mine in an Australian Court. You are going to happy to fly to Australia and defend yourself in our courts?

I think it is an absurd proposition. But I’d love to hear someone actually argue the underlying rationale or basis for the application / extension of IP to objects created under a contractual relationship with a supplier (LL) – remember ‘your’ creation (as a whole, and without the whole you have no commercial value and no damages from unauthorized copying) just doesn’t exist without them.

I haven’t seen an underlying rationale. I have just seen play ground ‘he copied my sand castle’ I’m going to get him stuff. Well the whole sandpit, every grain of virtual sand is LL’s.

By: Anonymous Designer

Anonymous Designer — Mon, 10 Dec 2007 12:52:07 +0000

No, this isn`t a win for Simon. Thank you all 6 of you, on behalf of all (sane) content creators, for going after this thief.

By: janneke

janneke — Sun, 09 Dec 2007 08:34:12 +0000

hahah great they sued him. lets hope this makes it possible to sue texture rippers too

I hope he has to pay the costs of the court and lawsuit too

By: Benjamin Duranske

Benjamin Duranske — Wed, 05 Dec 2007 16:04:19 +0000

@7 – do you find that people cite to things like this anyway, if local rules allow it? I have found they do, even though it’s hardly a “best practice.”

By: Julynn Lilliehook

Julynn Lilliehook — Wed, 05 Dec 2007 14:22:27 +0000

This “consent judgment” has no precedential value. It is merely the memorializing of a settlement agreement so that if the defendant breaches the agreement, the lawsuit can be revived and contibue to trial.

By: jasmine

jasmine — Wed, 05 Dec 2007 00:29:42 +0000

Well why would SL be any different to first life: when it comes to weighing up ones options when sued by 6 businesses together $525 looks like a win for Simon to me.