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

Tue Jun 1 17:53:30 UTC 2010

Taking off my OSGrid administrator hat for a moment, I'd like to chime in
here and reinforce the legal nature of the DMCA.

It is not sufficient to show up and howl that someone has taken your content
and repurposed or reused it to their own ends. YOU MUST BE BOTH WILLING AND
ABLE TO SHOW PROOF THAT YOU OWN THE CONTENT. Additionally, YOU MUST BE
WILLING TO FOLLOW THROUGH THE ENTIRE PROCESS. And finally, YOU MUST BE ABLE
TO EXHAUSTIVELY DOCUMENT THE THEFT.

To summarize: it isnt enough to show up and make accusations and threats.
The DMCA is not a magic carpet to justice. It does not automatically find
fault, does not automatically prove guilt, nor does it even provide damages
to the offended party. The facts of the matter are, from a strictly legal
perspective, if you are not willing and able to make good on all three of
the points above, it doesn't matter one whit whether your case is valid as
an offended party.

'nuff said.

On Tue, Jun 1, 2010 at 12:44 PM, Karen Palen <karenpalensl at gmail.com> wrote:

> 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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