Sunday, February 22, 2009

Yet another DMCA

Got IM’ed a few days ago by a couple of guys letting me know that my rusty buddha had been copybotted and was displayed on one of their renters land. How did they know to IM me? They had bought the same buddha a few weeks earlier and the renters version did not have me as the creator.

buddha-copybotted

Judge for yourself - do you think they copied from mine?

It was the most obvious copy i have ever seen, more fool me for thinking that such an obvious item would not be copied :(

So… i follow the Lindens DMCA process… filed an Abuse Report and then faxed off my DMCA claim to them within the hour with details of the thiefs names, position and name of item etc.
Day One: nothing done
Day Two: nothing done
Day Three: nothing done, but i look up the names and they are no longer in the database.
Day Four: nothing done - buddha still there …BUT..the guys who told me originally of the theft, IM me again saying the thief has returned under a new alt..and asked them to return anything on the land to him :(cheeky bs’td. So i filed another Abuse Report indicating the banned person had reappeared under a new alt = Matthias Dexler (not that it will acoomplish anything).

So now it’s SIX days later, and the Lindens Email me this…

“After having reviewed your notification, Linden Lab was unable to act on your notification because: You did not provide information reasonably sufficient to identify the copyrighted work(s) that you claim to have been infringed. Specifically, you did not provide a region name, coordinates, images, or other information sufficient to locate the material that you claim to be infringed upon.”

Ok, so i provide name of thief, thiefs alt, region, co-ordinates, name of object and its not enough! WTF???
I go back to the land..buddha gone…i IM the land owners (the guys who told me) they had removed it yesterday to re-rent the land to someone else and ’cause they didn’t like the buddha being stolen and for sale. Why didn’t we do that in that first place i hear you ask? Cause to get rid of thieves in Second Life… you must provide evidence.

The DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998 states that “Upon receiving proper notification of claimed infringement, the provider must expeditiously take down or block access to the material.”

6 days is expeditiously? since when?
And i have one more point to make…. i asked for the following…
“I wish all instances of the infringing sculpt maps, textures and the Buddha statue be removed from the sim named above and from Badkill Heron’s, Mattis Sparta’s, suppe Burnstein’s, and Erich23 Kaestner’s inventories”….
basically ’cause while those people still have the buddha..they can still sell my stolen property. The Lindens don’t do that..they simply remove the displayed item..leaving the thief to just rezz it again if they choose..and then i have to track it and file again.
BUT i believe the Lindens violate the DMCA act by not removing it from inventories..it clearly says “..block access..” and they fail to do that. People have pointed this out to them before..but it will take someone suing them to force them into it I suspect…but when someone sues, and eventually they will..it will open a huge can of worms for them..and may result in the whole system being sued out of existence. There is so much copyright theft in there its just not funny..just no-one has seriously forced the issue thus far. Personally if i was the Lindens i would cover my ass anyway i could.
Oh and the names of the AVs?… Matti Sparta owner, Badkill Heron creator (thief) have both been banned (but not due to my DMCA) and now he has returned as Matthias Dexler.
Keep Matthias Dexler off your land..he has copybot and will use it.

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