
The Downside, part II
April 5, 2008This is turning into a real nightmare. Apparently, when you file a DMCA with SLExchange like we did, as you could read in the first downside post, unlike Linden LabTM (who will notify the person you have filed a DMCA against, retaining your personal RL data according to common privacy standards until the counter party decide to file a sworn counter notification after which RL data will be made available to both parties so that out of world legal action can be taken) SLExchange sends the full DMCA, without censoring it, to the alleged copyright infringer. They state they cannot do it differently in order to be compliant with the act, and that they do not understand how Linden LabTM can get away with it, but other providers are taking Linden LabTM’s approach as well, such as Google.
This leads to the weird situation that Hart’s personal data are now available to the person who allegedly ripped our skin. Wherears previously she was just harrassing both of us in world, now she calls him in his office, remaining,for now, still anonymous to us. We would have to subpoenar/summon SLX to make her data available to us, as long as she decides not to file a sworn counter notification. It is a truly odd and stressful situation.
OK, technicalities aside, where does this take us.. our skin has been ripped, whether this has been done by the person we filed DMCA against or not, is not relevant. She used it, to make a profit out of it, and had it on SLX and before the first version was taken down, we know 2 out of the 10 kits that she made available have been sold. One case surfaced, which thankfully we were able to have taken down again (allegedly that makes us friends with the person who sold it in world, which is utterly ridiculous, we’re just happy this person decided to comply to our request), others still might… hopefully they won’t… but at this point we can expect anything.
the other thing that remains is that Hart is now being stalked in RL by the person we have filed against and he is currently investgating what can be done to stop this person. He will have to report it to the police, summon the phone company to trace the origin of the calls and have taps installed on his phoneline. These are things to consider.
Later today I will post some more photo material that is a further illustration as to why we are so convinced that the material we found is infringing our copyright, but for now, I need coffee, I have RL things to attend to, and honestly, this whole situation is just making me feel nauseated. Not only does your IP get abused…. but because you stand up for your rights, you get a complementary stalker too? Really encouraging.



[...] Misfit dropped me a very particular link this morning. PXL Creations was forced to file a DCMA with SLExchange against a skin stealer. Well, [...]