Wednesday, December 17, 2014

Intellectual Property Replacement


I was asked to blog on this pressing matter. It is in the public interest to do so mainly so we have a central repository of information and experiences to share with each other, so please comment of your experiences and add to my list, any vendors not listed, that you've experienced IP replacements for.

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IP Replacement

If you search your inventory using "IP Replacement" as a search criteria, you may find many of your animations replaced with what you see above.

IP stands for "Intellectual Property". So when an item in your inventory is replaced, it is because someone felt that their creation was "stolen by another, in essence". Linden Lab follows the procedures described in the Digital Millennium Copyright Act (DMCA) . 


If a legally sufficient DMCA notice is submitted, Linden Lab will then remove the identified materials as appropriate. Repeated copyright, trademark, or other intellectual property violations by a Resident may result in their accounts being suspended or terminated.

Here is a link to Linden Labs policy on the IP complaint process.

Linden_Lab_Official:Frequently_Asked_Questions_on_the_IP_Complaint_Process

This means the that someone filed the equivalent of a web-centric DMCA Takedown. 

According to LL, the process for correcting a wrongful IP takes about 10 days. It has to go thru legal channels. 

The following vendors appear to have had IP's filed against them in recent days. Well to be more clear, these are the vendors who people have reported to have had items they bought, replaced in their inventory.

Vista, Akeyo, 4DStudio, Henmations, SineWave

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Replacement Behaviors


Animations that are boxed will work when you replace them into your inventory but only until they do another IP run, which appears they do nightly??. I am only speculating.

Also, it appears that animations redelivered by vendors in good conscious were again IPed last night. I can attest to the fact that I had Akeyo animations re-IPed last night.

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What can you do?


You are supposed to be notified by email as to which animations were IPed. So far I have not received any emails associated with this latest wave of IPs. So, playing by the rules and acting in good faith and conscious, I feel you would be within your rights to unpack animations you have boxed up and put them back in your inventory. Just know that they will be good only until there is another "animation raid" later that night.

It appears that animations in HUDs still work and were not affected by the mass IP run. That maybe an alternative to safeguard against inflammatory IP filings, as we can act with an "innocent until proven guilty" in parallel with the DMCA process which seems to warrant a take-action-based-on "guilty until proven innocent"


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Filings in Error

It appears that there has been either an error or an intent to defraud by someone real or by someone falsely represented. Here is a recent statement  found and posted from Linden Lab.

Featured-News/Recent-Inventory-Issues

Due to a recent internal error, some Residents may have noticed a few items were recently replaced within their inventories. We are working to reverse the process and hope to have the original items restored quickly. 

If you believe that your items were affected, please keep an eye on your inventory - you should see the original items restored soon.

In addition to restoring the original items as quickly as possible, we are also taking steps to resolve the issue that caused the error so that we can avoid repeating it in the future. We apologize for the inconvenience and thank you for your patience.


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How to handle erroneosly filed IPs


An IP complaint was submitted about my content, and I believe that the complaint was in error. What can I do? 
If you've been notified of a copyright complaint about your content, and you believe in good faith that your content is not copyright infringing, or that its removal was by mistake or misidentification, you may have the content reinstated by submitting a sworn counter-notification. To be effective, a counter-notification must be in writing and contain the information identified in our DMCA Policy under the heading “To File A Counter-Notification”.

Please be aware that this is a legal process, and if you submit a valid counter-notification, the law provides that a copy of your counter-notification, including the real world contact information you provide, is to be forwarded to the person who submitted the copyright complaint. Your removed content may then be reinstated in ten (10) business days unless we receive notice that the complaining party has filed a court action seeking an order to restrain you from engaging in infringing activity related to the content."

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Takedowns



"When content is removed from a website at the request of the owner of the content or the owner of the copyright of the content"
Note: although the DMCA is part of US Copyright law, a DMCA Takedown does not require the content to be copyrighted in order to process the takedown OR for the request to have the content taken down acted upon by the website owner or ISP.

In other words the fact the content is yours, or in the case of a photo or video the subject is you can be sufficient enough to request a takedown.

Please see this link for more information on a DMCA Takedown



 DMCA Takedown


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DMCA

If you have more time than money, then here is some bathroom reading on the legalese with regards to DMCA.

DMCA Legislation


-Lat "Yummy" Lovenkraft-