[Opensim-users] Content Theft and the responsibility of Grid Operators

Karen Palen karenpalensl at gmail.com
Tue Jun 1 17:44:52 UTC 2010


While I am aware of many who feel the way you describe about the entire
DRM/DMCA mess, I do not know of ANY grid that will ignore a legitimate and
provable "take down request"

The problem (as amply ilustrated by the Second Life blogs and Liliths
earlier comments) is the notion that everyone running a grid must somehow
"approve" every item on the grid!

As far as I am aware Lilith has provided a huge rant, but has NOT provided
actual evidence of any infringement - only "gee it looks so close it MUST be
a copy"!

Absent such evidence there is no "PROPER request" and the rest of your post
falls apart!

Karen

On Tue, Jun 1, 2010 at 10:34 AM, dz <dz at bitzend.net> wrote:

> Actually...
>
> I believe a more accurate summation of this thread would be...
>
> Un-knowing Grid operator recieves a PROPER request from Lilith to remove
> un-authorized copies of her creations...
>
> Grid Operator begins rant about how it isn't  HIS responsibility that
> someone on his grid decided to upload pirated content..  These include
> digressions into how  HIS stuff is FREE... It MUST be the Lindens fault for
> letting it leak...culminating in the inevitable  "DRM is STUPID" conclusion
>
> Grid Operator shares semi-coherent "play by play" on his efforts to make
> things right...   Readers ignore it and go Huh?
>
> Anti-DRM/DMCA participants  point to this as ANOTHER reason why efforts to
> "protect content creators" are inherently evil and disruptive to our
> existence....
>
> The sad fact of the matter is this...   If you open your grid to the
> public,  you GIVE YOURSELF the responsibility to respond to appropriate DMCA
> take down requests.  Because OpenSimulator is an alpha product, there are
> not any real established "best practices" or step-by-step procedures
> available to grid operators to accomplish the requested/required asset
> identification and removal.  This doesn't mean you are not REQUIRED BY LAW
> to comply with a proper request.  Sadly,  this means that some unknowing
> grid operators who decide that having a grid full of "cool stuff" is more
> important than having a "clean grid" are going to find their business model
> "disturbed" when their "cool stuff"  is identified as pirated content.
>
> It's pretty clear that there is a community of people using OpenSimulator
> that detest the concepts of DRM and view the DMCA as "wrong", so they make a
> personal choice to ignore its existence.  Instead of posting rants here,
> maybe your efforts to reform DRM and the DMCA would be better served by
> posting it to lists where the legal community can read it.  This is a
> software development support mailing list.  Some of us believe that in order
> for OpenSimulator to grow into a platform for commercial applications, it
> will REQUIRE that content creators see efforts devoted to protecting their
> IP.
>
> Just like Master Mirage, our efforts to move the software forward are
> hindered.  They are hindered by perceptions that the entire OpenSimulator
> community feels the same about protecting content.   Instead of endlessly
> posting political positions and stories about your personal decisions to be
> "better" than those who prefer to distribute licensed content, please keep
> the mailing list discussions directed at issues related to helping others
> install, configure, and operate OpenSimulator.
>
>
> ---------- Forwarded message ----------
>> From: Karen Palen <karenpalensl at gmail.com>
>> To: opensim-users at lists.berlios.de
>> Date: Mon, 31 May 2010 08:07:21 -0700
>> Subject: Re: [Opensim-users] Speaking of Content Theft, How About Our Own
>> Backyard?
>> This is the last post from Lillith Heart that made it to the opensim-user
>> list so I will respond to this one.
>>
>> What Lillith seems to be advocating is converting Second Life and
>> OpenSimulator grids into some sort of "There.com" clone where all sales are
>> "vetted" by the grid management.
>>
>> As the fate of There.com shows, this is every bit as unworkable as the
>> DMCA!
>>
>> In simple terms these mass inspections cost a LOT of time, money and
>> effort!
>>
>> Time, money, and effort that could be spent improving the grid itself for
>> the users.
>>
>> I would remind everyone that the purpose of IP laws is NOT to ensure that
>> large "content Creators" get rich, but to encourage and reward innovation.
>>
>>
>> http://news.slashdot.org/story/10/05/25/2222207/The-Fashion-Industry-As-a-Model-For-IP-Reform
>>
>> No one can argue that the RL fashion industry is not creative and hugely
>> profitable if you get the formula right!
>>
>> In short unless the "injured party" themselves provide the identification
>> of stolen content AS THE LAW REQUIRES, there is no reason for authorities to
>> assume this burden.
>>
>> There have been any number of attempts to shift this burden, but I am not
>> aware of any that has actually increased innovation or creativity in any
>> way.
>>
>> As we see in Second Life right now though, these witch hunts are a great
>> way to "settle scores" and "cripple the competition".
>>
>> Karen
>>
>>
>>
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