My jurisdiction is: IN USA
So I play a game called Second Life.. And in said game I am a merchant. I made odd and varried Items and I am by no means a big buisness.
And I am being targeted, I believe unfairly for suposed copyright infringement.
Here is the email they sent me:
Now I have several Issues with this I do not understand..
1. Why is it not included in the email the name and other pertinent info of the person filing this so called claim against me.
2. How Linden Labs thinks it can get away with making threats to me and mine by Email but refuse to allow me to contact them in any expidited means other then Snail mail or fax?
3. My boots are in no way coppied at all, not even remotely. the closest thing you can say to that is I got ideas from looking at people who create strange heels for high heels. If they are similar its a coincidence. And the person who felt slighted should have contacted me to talk about it first.
4. that even though they state
Meaning I have to Delete my hard work from the game ENTIRELY. And as far as i know there is NO legal/moral way to store your items outside of second life. So I have to delete my new boot line BEFORE any real action can be taken on the issue. So even if it turns out that the claimant is wrong. My 8+ hours of carefull hard work is gone out the window.
4. I am a single mother existing on SSI disability. My internet access is already a splurge that we do without to have in the first place I cannot afford this..
Now on the actuall Boot construction. I bought full perm sculpty map kits on the site xstreetslDOTcom, I checked the ToS of each purchase to be sure it was ok to use. if the boot making kit was stolen somehow I would not be able to tell. The same with the boot textures. All bought under the impression i could use them to create my own works but i couldnt resell them as is.
So I play a game called Second Life.. And in said game I am a merchant. I made odd and varried Items and I am by no means a big buisness.
And I am being targeted, I believe unfairly for suposed copyright infringement.
Here is the email they sent me:
Code:
Dear Shellie Pearl:
Linden Lab has received notification from a copyright owner, or its authorized agent, that you have infringed one or more copyrighted works in the Second Life environment. The notification identified the following allegedly infringing work(s):
Description of Work(s):
Demonette Red Knee Boots
Demonette Knee Boots Black-(Bag)
Demonette Knee Boots Black
Demonette Purple Knee Boots-(Bag)
Demonette Red Knee Boots-(Bag)
Demonette Purple Knee Boots
Location of Work(s):
[B][I][U]I had to delete the URLS of my Xstreet listings due to the forums limit on URL posting.
[/U][/I][/B]
Linden Lab respects the rights of both Second Life residents and copyright owners. In compliance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, we ask that you remove or disable access to the above-identified work(s) from all locations including your inventory. If you do not do so within two business days, please be aware that Linden Lab intends to expeditiously remove, or disable access to, the allegedly infringing work(s).
If you believe that you did not infringe another's copyright, or that removal of the above-identified work(s) was by mistake or misidentification, you may have the work(s) 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," located at secondlifeDOTcom/corporate/dmcaDOTphp. (replace the DOT with .)
Please be aware that if you submit a counter-notification containing the required information, Linden Lab will forward your counter-notification, including your name, address, telephone number, and any other contact information that you provide, to the copyright claimant. We will also advise the claimant that we will reinstate the removed work(s) in ten (10) business days unless we receive notice that the claimant has filed a court action seeking an order to restrain you from engaging in infringing activity related to the work(s).
Thank you for your cooperation and assistance in this matter.
Sincerely,
Linden Lab
[c:1575]Now I have several Issues with this I do not understand..
1. Why is it not included in the email the name and other pertinent info of the person filing this so called claim against me.
2. How Linden Labs thinks it can get away with making threats to me and mine by Email but refuse to allow me to contact them in any expidited means other then Snail mail or fax?
3. My boots are in no way coppied at all, not even remotely. the closest thing you can say to that is I got ideas from looking at people who create strange heels for high heels. If they are similar its a coincidence. And the person who felt slighted should have contacted me to talk about it first.
4. that even though they state
Code:
we ask that you remove or disable access to the above-identified work(s) from all locations including your inventory. If you do not do so within two business days, please be aware that Linden Lab intends to expeditiously remove, or disable access to, the allegedly infringing work(s).4. I am a single mother existing on SSI disability. My internet access is already a splurge that we do without to have in the first place I cannot afford this..
Now on the actuall Boot construction. I bought full perm sculpty map kits on the site xstreetslDOTcom, I checked the ToS of each purchase to be sure it was ok to use. if the boot making kit was stolen somehow I would not be able to tell. The same with the boot textures. All bought under the impression i could use them to create my own works but i couldnt resell them as is.
