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	<title>Comments on: Second Life DMCA Statement Raises Question: Does Provider Expeditiously Remove Infringing Material?</title>
	<atom:link href="http://virtuallyblind.com/2008/04/15/linden-lab-dmca/feed/" rel="self" type="application/rss+xml" />
	<link>http://virtuallyblind.com/2008/04/15/linden-lab-dmca/</link>
	<description>Legal Issues That Impact Virtual Worlds</description>
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		<title>By: What Second Life Can Teach Us About Content Theft - PlagiarismToday</title>
		<link>http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-18972</link>
		<dc:creator>What Second Life Can Teach Us About Content Theft - PlagiarismToday</dc:creator>
		<pubDate>Thu, 28 Aug 2008 16:43:51 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-18972</guid>
		<description>[...] DMCA notices, they require them to be sent via fax and postal mail and only remove in-world items, not those in inventories or other copies of [...]</description>
		<content:encoded><![CDATA[<p>[...] DMCA notices, they require them to be sent via fax and postal mail and only remove in-world items, not those in inventories or other copies of [...]</p>
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		<title>By: Brandon Brown</title>
		<link>http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16594</link>
		<dc:creator>Brandon Brown</dc:creator>
		<pubDate>Thu, 17 Apr 2008 21:42:17 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16594</guid>
		<description>@17

I&#039;ve just tested it, new uploads get different UUIDs, even if they&#039;re the same image.  This makes sense -- what a pain to do an image comparison to determine if the two images are exactly the same.  Also, even that would be susceptible to very  subtle manipulation -- change a pixel, get a new UUID. 

@16

I think you&#039;re right.  If we argue that LL should take down textures based on UUIDs, then we&#039;d likely be taking down textures that have fair uses.</description>
		<content:encoded><![CDATA[<p>@17</p>
<p>I&#8217;ve just tested it, new uploads get different UUIDs, even if they&#8217;re the same image.  This makes sense &#8212; what a pain to do an image comparison to determine if the two images are exactly the same.  Also, even that would be susceptible to very  subtle manipulation &#8212; change a pixel, get a new UUID. </p>
<p>@16</p>
<p>I think you&#8217;re right.  If we argue that LL should take down textures based on UUIDs, then we&#8217;d likely be taking down textures that have fair uses.</p>
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	<item>
		<title>By: Ashcroft Burnham</title>
		<link>http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16593</link>
		<dc:creator>Ashcroft Burnham</dc:creator>
		<pubDate>Thu, 17 Apr 2008 21:36:45 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16593</guid>
		<description>Ben,

indeed, no doubt if the texture was copied by being downloaded onto a user&#039;s hard drive, tinkered with, and then re-uploaded, it would get a new UUID, since the database would have no way of knowing that it was a copy of the original texture. However, if that was the case, deleting it from the database would be no more effective than deleting the link, since it would persist on the infringer&#039;s hard drive, and could just be re-uploaded again.</description>
		<content:encoded><![CDATA[<p>Ben,</p>
<p>indeed, no doubt if the texture was copied by being downloaded onto a user&#8217;s hard drive, tinkered with, and then re-uploaded, it would get a new UUID, since the database would have no way of knowing that it was a copy of the original texture. However, if that was the case, deleting it from the database would be no more effective than deleting the link, since it would persist on the infringer&#8217;s hard drive, and could just be re-uploaded again.</p>
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		<title>By: Benjamin Duranske</title>
		<link>http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16592</link>
		<dc:creator>Benjamin Duranske</dc:creator>
		<pubDate>Thu, 17 Apr 2008 21:31:59 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16592</guid>
		<description>@16 - I think that a copied texture gets a new UUID at upload, but I&#039;d love to hear from a reader who has a better understanding of the process than I do.</description>
		<content:encoded><![CDATA[<p>@16 &#8211; I think that a copied texture gets a new UUID at upload, but I&#8217;d love to hear from a reader who has a better understanding of the process than I do.</p>
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		<title>By: Ashcroft Burnham</title>
		<link>http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16585</link>
		<dc:creator>Ashcroft Burnham</dc:creator>
		<pubDate>Thu, 17 Apr 2008 15:26:52 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16585</guid>
		<description>Excuse me if I am misunderstanding something, but if, in the case of textures, there is only one UUID, then there is only one copy on the database, is there not, for both infringing and legitimate users of that texture? The object (such as the skin) is the link that enables the infringing person to access the texture.  If the texture was simply deleted, all legitimate users would also lose access to the texture.</description>
		<content:encoded><![CDATA[<p>Excuse me if I am misunderstanding something, but if, in the case of textures, there is only one UUID, then there is only one copy on the database, is there not, for both infringing and legitimate users of that texture? The object (such as the skin) is the link that enables the infringing person to access the texture.  If the texture was simply deleted, all legitimate users would also lose access to the texture.</p>
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		<title>By: larryr</title>
		<link>http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16578</link>
		<dc:creator>larryr</dc:creator>
		<pubDate>Thu, 17 Apr 2008 00:07:25 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16578</guid>
		<description>Yes.
My comment is meant to reach all IP owned by its rightful owners in all businesses. 

Unlike many fan websites,- which were under shutdowns in the mid 1990s from the rightful media owners.-  the BUSINESS of Linden LAbs is to profit from a user base. To use that user database to either grow themselves more services or to license it to others to sell products and services too.

EYEBALLS and HANDS....

(as the logo that shall no longer be used  illustrated.--- BTW- I agree LINDEN has the proper rights to define its usage under Trademark law). 

IS the currency LL looks to use to profit from. This in mind theres no doubt the dirty secret of SL , like Google/YouTUBE, and most USER GENERATED profit center companies.....is to go as long as you can &quot;profiting&quot; off those to blind to see what you really do.

Live by others IP usage, die by others IP ownership... that will i suggest be the epitat of allmost all web2.0 social media advertising driven attempts at riches.:)

Web1.0 was fueled by Creation/Distribution Tools
Web2.0 has been fueld by Distibuting Stolen Content.
Lets hope Web3.0 focuses on the creation/ distribution/ and renumeration from the owner&#039;s content.

Individuals SL Complaints are only made from those who &quot;know they are hurt usally wanting justice&quot; .... Media Companies complain when the bottom line is affected. and the offender can be hurt. its about money, not justice.

What saddens me is how long this has been &quot;not important&quot;

always the &quot;other guy&quot;.... justice as the joke.</description>
		<content:encoded><![CDATA[<p>Yes.<br />
My comment is meant to reach all IP owned by its rightful owners in all businesses. </p>
<p>Unlike many fan websites,- which were under shutdowns in the mid 1990s from the rightful media owners.-  the BUSINESS of Linden LAbs is to profit from a user base. To use that user database to either grow themselves more services or to license it to others to sell products and services too.</p>
<p>EYEBALLS and HANDS&#8230;.</p>
<p>(as the logo that shall no longer be used  illustrated.&#8212; BTW- I agree LINDEN has the proper rights to define its usage under Trademark law). </p>
<p>IS the currency LL looks to use to profit from. This in mind theres no doubt the dirty secret of SL , like Google/YouTUBE, and most USER GENERATED profit center companies&#8230;..is to go as long as you can &#8220;profiting&#8221; off those to blind to see what you really do.</p>
<p>Live by others IP usage, die by others IP ownership&#8230; that will i suggest be the epitat of allmost all web2.0 social media advertising driven attempts at riches.:)</p>
<p>Web1.0 was fueled by Creation/Distribution Tools<br />
Web2.0 has been fueld by Distibuting Stolen Content.<br />
Lets hope Web3.0 focuses on the creation/ distribution/ and renumeration from the owner&#8217;s content.</p>
<p>Individuals SL Complaints are only made from those who &#8220;know they are hurt usally wanting justice&#8221; &#8230;. Media Companies complain when the bottom line is affected. and the offender can be hurt. its about money, not justice.</p>
<p>What saddens me is how long this has been &#8220;not important&#8221;</p>
<p>always the &#8220;other guy&#8221;&#8230;. justice as the joke.</p>
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		<title>By: Benjamin Duranske</title>
		<link>http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16577</link>
		<dc:creator>Benjamin Duranske</dc:creator>
		<pubDate>Wed, 16 Apr 2008 22:29:55 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16577</guid>
		<description>@12 - larryr, you may well be right on the idea that big companies are getting their IP ripped off at a higher rate than I indicate here.  My last &lt;a href=&quot;http://virtuallyblind.com/2007/05/04/trademark-infringement-virtual-worlds/&quot; rel=&quot;nofollow&quot;&gt;informal survey (Spring, 2007) of big-company trademark (and to a lesser degree, copyright) infringement in Second Life&lt;/a&gt; found an unholy ton of it, but I just don&#039;t have a good way of measuring the smaller players who are getting ripped off, so I have no real idea how it breaks down, and I&#039;ve see an uptick in complaints from smaller players recently, so I&#039;m guessing that the widespread availability of tools like copybot have increased the percentage.  It&#039;s still a blind guess.  

Thinking about it, that&#039;s actually a really good idea for a post -- trying to break this down, or at least updating my earlier survey.  You are absolutely right that there&#039;s a whole lot of it; it&#039;s just really hard to quantify, so I&#039;m definitely hedging in this piece.  More to come (one of these days) on this question. </description>
		<content:encoded><![CDATA[<p>@12 &#8211; larryr, you may well be right on the idea that big companies are getting their IP ripped off at a higher rate than I indicate here.  My last <a href="http://virtuallyblind.com/2007/05/04/trademark-infringement-virtual-worlds/" rel="nofollow" >informal survey (Spring, 2007) of big-company trademark (and to a lesser degree, copyright) infringement in Second Life</a> found an unholy ton of it, but I just don&#8217;t have a good way of measuring the smaller players who are getting ripped off, so I have no real idea how it breaks down, and I&#8217;ve see an uptick in complaints from smaller players recently, so I&#8217;m guessing that the widespread availability of tools like copybot have increased the percentage.  It&#8217;s still a blind guess.  </p>
<p>Thinking about it, that&#8217;s actually a really good idea for a post &#8212; trying to break this down, or at least updating my earlier survey.  You are absolutely right that there&#8217;s a whole lot of it; it&#8217;s just really hard to quantify, so I&#8217;m definitely hedging in this piece.  More to come (one of these days) on this question.</p>
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		<title>By: Chez Nabob</title>
		<link>http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16576</link>
		<dc:creator>Chez Nabob</dc:creator>
		<pubDate>Wed, 16 Apr 2008 22:19:45 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16576</guid>
		<description>@larryr

This is an excellent point.

I was contacted by an individual who purported to be from one of the big video game publishing houses soon after the IP rights campaign launched. They said the company had several employees combing SL looking for infringing content, and were preparing to file complaints with LL. At that point they had uncovered several hundred violations of their content alone, and were less than happy about what they&#039;d found to put it mildly.

This of course raises another issue of creators infringing on the IP rights of not only video game companies but also sports apparel manufacturers, professional sports leagues and their respective player&#039;s associations, RL fashion designers, etc.

The use of Nike&#039;s logo, Major League Baseball franchises, NFL franchises, the names of superstar athletes and Gucci&#039;s brand on in-world products are rampant and invite legal repercussion&#039;s for not just the infringers, but LL as well.

As was pointed out above, LL has deep pockets and would make an appealing target for another RL company who felt LL was ignoring their responsibilities in taking action against pirated content.</description>
		<content:encoded><![CDATA[<p>@larryr</p>
<p>This is an excellent point.</p>
<p>I was contacted by an individual who purported to be from one of the big video game publishing houses soon after the IP rights campaign launched. They said the company had several employees combing SL looking for infringing content, and were preparing to file complaints with LL. At that point they had uncovered several hundred violations of their content alone, and were less than happy about what they&#8217;d found to put it mildly.</p>
<p>This of course raises another issue of creators infringing on the IP rights of not only video game companies but also sports apparel manufacturers, professional sports leagues and their respective player&#8217;s associations, RL fashion designers, etc.</p>
<p>The use of Nike&#8217;s logo, Major League Baseball franchises, NFL franchises, the names of superstar athletes and Gucci&#8217;s brand on in-world products are rampant and invite legal repercussion&#8217;s for not just the infringers, but LL as well.</p>
<p>As was pointed out above, LL has deep pockets and would make an appealing target for another RL company who felt LL was ignoring their responsibilities in taking action against pirated content.</p>
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		<title>By: larryr</title>
		<link>http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16574</link>
		<dc:creator>larryr</dc:creator>
		<pubDate>Wed, 16 Apr 2008 21:55:59 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16574</guid>
		<description>I believe your thoughts of which occurance is the greater abuser of IP within SL is wrong.

Clearly there is much more IP thats is owned by major media companies that are being sold without license within SL than the copying of an idividual users &quot;shoe model&quot; or IP.

Entire regions are dedicated to unlincensed Lucas LTD, Viacom, FOX owened properties that are engaging in ecommerce in a scale much greater than the copybot - store in a box- sex bed resellers.

IP developed over decades and valued at BILLIONS is being used by LL and many of its users to their own financial gain.

Any IPO or Corporate sell for LL must concern itself with this issue. They are a platform and a Publisher--- they LL have enjoyed du to the ignoarance of their user base thier cake and ate it too.

Strokers case was just, but its not his IP protection claims that will bring SL and IP rights in VR worlds to a head..

Itll be very soon as a CBS, or a Lucas, or Warners needs to find another MMO licence for a STAR TREK, DC COMICS, STARWARS, POTTER, MARVEL and also needs to defend itself against the lawyers from the failed MMO game licenses already paid for who now see SL worlds on their IP as a breach of their agreement.. These companies deal in tens of millions of dollars for a Video Game MMO license and will not allow LL to continue to profit at the expense of them recieving those fees in a ever tighnening MMO market.

VR WORLDS like any other company had better plan on tight IP controls and editing devices since its  hard to beleive that the largest export of the west. IP, will continue to be the stolen fodder for adwords and valuations for tech companies indefinatly.

cube.</description>
		<content:encoded><![CDATA[<p>I believe your thoughts of which occurance is the greater abuser of IP within SL is wrong.</p>
<p>Clearly there is much more IP thats is owned by major media companies that are being sold without license within SL than the copying of an idividual users &#8220;shoe model&#8221; or IP.</p>
<p>Entire regions are dedicated to unlincensed Lucas LTD, Viacom, FOX owened properties that are engaging in ecommerce in a scale much greater than the copybot &#8211; store in a box- sex bed resellers.</p>
<p>IP developed over decades and valued at BILLIONS is being used by LL and many of its users to their own financial gain.</p>
<p>Any IPO or Corporate sell for LL must concern itself with this issue. They are a platform and a Publisher&#8212; they LL have enjoyed du to the ignoarance of their user base thier cake and ate it too.</p>
<p>Strokers case was just, but its not his IP protection claims that will bring SL and IP rights in VR worlds to a head..</p>
<p>Itll be very soon as a CBS, or a Lucas, or Warners needs to find another MMO licence for a STAR TREK, DC COMICS, STARWARS, POTTER, MARVEL and also needs to defend itself against the lawyers from the failed MMO game licenses already paid for who now see SL worlds on their IP as a breach of their agreement.. These companies deal in tens of millions of dollars for a Video Game MMO license and will not allow LL to continue to profit at the expense of them recieving those fees in a ever tighnening MMO market.</p>
<p>VR WORLDS like any other company had better plan on tight IP controls and editing devices since its  hard to beleive that the largest export of the west. IP, will continue to be the stolen fodder for adwords and valuations for tech companies indefinatly.</p>
<p>cube.</p>
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		<title>By: Benjamin Duranske</title>
		<link>http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16556</link>
		<dc:creator>Benjamin Duranske</dc:creator>
		<pubDate>Wed, 16 Apr 2008 04:07:31 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/04/15/linden-lab-dmca/#comment-16556</guid>
		<description>@10 - I find myself referring to Second Arts more and more often recently... that&#039;s got to be a sign that copyright issues are really causing a lot of people a lot of heartache right now.

I agree that it&#039;s a public relations issue, but it also really can cause problems for them legally too if they get sued by a creator who feels his or her DMCA notices weren&#039;t acted on appropriately (e.g. by leaving textures in the database).  I hope that one of these prongs -- the public relations side or the legal side -- motivates them to take a harder look at this.</description>
		<content:encoded><![CDATA[<p>@10 &#8211; I find myself referring to Second Arts more and more often recently&#8230; that&#8217;s got to be a sign that copyright issues are really causing a lot of people a lot of heartache right now.</p>
<p>I agree that it&#8217;s a public relations issue, but it also really can cause problems for them legally too if they get sued by a creator who feels his or her DMCA notices weren&#8217;t acted on appropriately (e.g. by leaving textures in the database).  I hope that one of these prongs &#8212; the public relations side or the legal side &#8212; motivates them to take a harder look at this.</p>
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