Maybe I missed something along the line, but there’s not really much advice in the SL Blogosphere for what you should do when someone infringes your IP rights. Everyone rants and raves about how bad it is, and that’s great and all, but what do you do when someone steals your work?
As someone who’s had worked ripped off in the past, I know how heartbreaking it can be the first time someone replicates something which took you days or weeks in a matter of minutes or hours.
The most important thing to note is that you’re not alone – designers have been facing this problem for many years in Second Life, and content theft is not anything new. The more people talk about it, the more ideas are exchanged, and the more we can alienate it from our online community.
So why do people steal our content? As Second Life grows, so does the number of designers producing clothes, skins, hair, accessories, furniture, prefabs, gadgets, etc.. the bigger the web of content, the lower the risk of being caught stealing.
The primary reason (after greed, or the feeling they think they can get away with it) would be that someone wants to make an identity for themselves within Second Life, and we are defined by what we do. Someone who lacks skill and talent will find the easiest way to gain respect will be to steal content from somebody else. The irony is that if/when they’re caught, they lose all respect and trust from everyone.
However, they thrive on the short term and think they won’t get caught because of the size of SL.
Copyright laws are designed to protect the work of those who are creative souls, and produce content that we enjoy. The serve the needs of the artist to protect the wares they produce – where a doctor, lawyer or mechanic will render a service which we compensate for, with an artist there is somewhat a feeling of entitlement. Residents in Second Life devalue artistic creations because they’re “not real” even though very real number of hours go into producing them. They will decry anything which represents a proportional compensation to the time and effort that went into an artwork.
This sense of entitlement enhances the content theft in Second Life, and some residents feel they have the right to replicate your work to save cost to themselves. It peaks with immorality and breaches your intellectual property rights.
Confronting Thieves and Crooks
In the real world, our property is protected by law enforcement agencies and insurance companies for compensation. In Second Life, where is the protection?
Good question – a lot of people think Linden Lab is there to play the Good Cop, but they’re staying impartial for now. The SVC-676 still remains “Unassigned” and doesn’t look to change as LL distances itself from the issue. That pretty means the fight is up to you – as daunting as that may seem, you can do it. Content theft is a sadly a daily occurrence in Second Life, and as a designer, you will feel the need and want to protect your work.
You may find it helpful to join a group of designers who are dedicated to fighting to retain their IP rights, and support one another when theft hits them. The Content Creators’ Association in Second Life is a group which is based on the fundamentals of support and advice, rather than witch hunts.
Think about the person who has stolen your content – if they have a blank profile, then they likely know what they have done is wrong and are using an alt. If it’s a more active account, then they may just be unaware of what they’ve done. Remember that the people who steal content in SL are not businesses, but individuals, and usually not too bright ones at that. They’re not rich, and they’re not powerful, and they’re definitely not to be feared.
Realise that a lot of people in Second Life will let content theft slide and not do anything about it, because they feel helpless. However, stealing content is illegal and we are protected. It’s of vital importance that we all realise the impact that content theft has – a lot of people may dismiss is as a small factor that is overblown, and the reality is that that is true, but the psychological factor is far greater. The number of creators who stop creating, and those put of ever trying, resemble a huge loss to the community in itself. There’s nothing more spiriting and aspirational than knowing the community is pulling together and supporting you. The more we work together, the more respect there will be for original works and residents will stray from copied rips.
So what happens when you find someone has stolen your work? In a lot of cases, simply IMing the ripper will resolve the issue – you may be freaked at the idea of confronting a thief, but the ripper will be much more freaked at the idea that the original creator has busted them! Likely scenario is that they will agree to take down the infringing content and quietly disappear.
Tracking Down The Thieves
Second Life makes finding a thief relatively easy – the “creator” button will show you who the ripper is, and observing the “Inspect” option on prims will provide you with information on the build itself. If an object was created within a short timespan, it may well indicate a stolen copy.
Always talk directly to the thief as a first port of call, and give them the chance to rectify their wrongs. By doing so, you could well stop them escalating the situation by releasing your wares freely into the public domain.
Talking To The Thief
Inform the thief that you are aware of the theft, and link them to the original with an SLurl. They need to realise what they have done is wrong, but that you are giving them the chance to make it right. Request the removal of the infringing content, and start an open conversation with them so they can learn why what they’ve done is wrong, and how they can rectify it.
Always be professional about this – the instinct to make snide remarks and hurt them like they hurt you may well be all too tempting, but don’t do it. Some people will steal without a care in the world, and they will be rude to you about it, but be the bigger person here and keep your integrity.
Never start off making threats or saying you’ll report them to LL/file DMCAs. Some people will have no idea that they’ve stolen your content (for example, if they found it in a Buy Your Own Business box) and through the threat of force, you’ll only force them to hit back at you, thus escalating a situation that never required it.
Compiling Your Evidence
From this point on, keep chat logs of everything that happens concerning this thief – even if they never reply to you, log that you tried to contact them.
Make sure you take several screenshots of the infringing material. Take snapshots with the User Interface enabled too, to show the “creator”, and also of the Inspect tool. If the content is a clothing/skin layer, then work up a side by side comparison of the two to indicate similarities.
It’s worth nothing that third party software is often used to steal content in Second Life. However, these software are often packed with trojans and viruses which will steal your Second Life username/password which is then used for malicious purposes. Do not try to explore theft avenues yourself as you may put yourself at risk.
Additionally, it may be tempting to “shame and name” the thief to publicly humiliate them. Again I’d advise strongly against this – revenge is not the answer here at all. Defacing someone’s name is not the way to conduct yourself, as it may well turn back on you and harm your own reputation.
Be aware that the thief may well rebut your claims and deny that you are the original creator. You should note that you can’t ride off repute alone, and you should be prepared to state your own case if required.
If you don’t hear from the thief after a reasonable amount of time (say 3-5 days), then it’s time to step things up.
Taking Action
If the thief is being hosted in a mall or land which is not owned by themselves, then contact the landowner. In the large majority of cases, a landowner will want nothing to do with tenants engaging in content theft. Show them your compiled evidence and state your case to them, and ask that they be evicted. If the evidence is sufficient and the landowner is reasonable, then they will almost always remove the offending content for you.
Should the thief own their own land, then it’s time to step up and send them a Cease and Desist Order, informing them that if they do not remove the content within 24/48 hours, you will file a Digital Millenium Copyright Act (DMCA) notification with Linden Lab.
This is essentially telling them to “Stop. Or Else.” and that you now mean business. You can also demand compensation, although I wouldn’t hold your breath on that. Overstating demands can work in your favour though – they may well laugh off paying you their profits, but in perspective, feel that removing your content is a fair deal.
The Cease and Desist Order should sound official, and be “scary” when the thief reads it – you want to give them a wake up call that you mean business at this point.
Laying The Smackdown
If they still refuse to comply, it’s time to carry out your threat and file a DMCA notification with Linden Lab. This does involve divulging real world details, but if you’re serious about protecting your work, then pushing to protect your IP rights will matter in both worlds.
The Digital Millenium Copyright Act (1998) is a legal act which
…criminalizes production and dissemination of technology that can circumvent measures taken to protect copyright, not merely infringement of copyright itself, and heightens the penalties for copyright infringement on the Internet.
Looking a little further into the act discloses that the act
creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they promptly block access if they receive a notification from a copyright holder or their agent.
That basically means if you file a DMCA notification, Linden Lab have to act upon it and remove the infringing content.
Do not take this step lightly – follow all the other avenues I’ve stated first, and use the DMCA notification as a final resort. Be aware that Linden Lab will not assist in these matters, and they will only takedown the content. Also be aware that by filing a DMCA, the infringing part can also file a counter claim, and that if someone files a DMCA against you, your own claims can be used against you in a court of law.
That said, it is a necessary final step to help protect your work, and if your Intellectual Property is of paramount importance to you, then the DMCA is there to protect your rights as an artist in the online world.
Content Theft can be annoying, heartbreaking, aggravating and frustrating all at once. It can drive you to stop creating, and destroy your spirit. It’s important that you don’t obsess with it though – whilst the thieves may try to steal your work, they will never be able to steal your skill, talent and innovative ability.
And that’s where your true value in Second Life lies.
Peter Stindberg on March 23, 2009
I often wondered if/how DMCA’s work globally? Can a content creator from Finland invoke a DMCA against a copybotter from Canada? And how is legal procedure handled in that case?
Nadine Nozaki on March 23, 2009
Yes, the service in in the US a DMCA can be used, however the legal status when two non-us people battle in the US will be hard. Non-US citizens should also be aware that US courts, in more that one case been more favourable to the US citizen.
Given that when asking LL to be harder on content theft and DCMA, one should know that Google released numbers, last week about 25% of the DMCA claims that get are false and from a company to a competing company. Yes being ripped off sucks, but being falsely accused might be even worse.
On the Jira, thgat one is a meta-issue, meta issues are never as far as I know assigned the subtasks are. Jira, Public-Jira, Linden-Jira and LL are almost impossible to understand thou.
swaffette Firefly on March 23, 2009
Thanks for this Prad – sound advice and some very true words said
FlipperPA Peregrine on March 23, 2009
There’s some really great advice in there. We did a Q&A with Frank Taney of Buchanan, Ingersoll, & Rooney a year ago, where we tackled many of the same issues. He represented Stroker Serpentine in his case, and several content creators in the Rase Kenzo case.
Here’s a link to the transcript from the event:
http://www.peregrinesalon.com/2008/02/15/transcript-from-frank-taneys-qa-in-hawthorne/
Ann Otoole on March 23, 2009
IP theft thrives in Second Life because a take down by Linden Lab does not involve permanent removal of the content and habitual offenders from Second Life. Seems like some habitual offenders get a pass on enforcement too. What a surprise.
Let’s say a big texture warehouse had been selling stolen textures around Second Life for 4 years and thousands of people had bought it. The only right thing for Linden Lab to do is break content. Delete the textures from the asset system and let all the content go missing image. Then the mob avalanche effect can roll towards the person that has been selling the stolen content thus ruing their award winning reputation, staining the reputations of all that have promoted the organized theft operation, and make Linden Lab have some negative press time as people beat them up for properly enforcing the law with measures and actions that people are sure to take note of and allow it to guide their future decision: “Oh wow I sure would not want that to happen to me. Maybe all those people saying everything on the internet is free must be wrong and untrustworthy! I better not steal since bad things will happen to me.”
Linden Lab needs to remove ripped content from the asset system and delete habitual offenders permanently. No matter who they are. Until Linden Lab begins enforcing the law it is pointless. Yea yea good faith. Good faith has left the building. Let the stink ball cascade to the source of the theft. And stop buying ripped off stuff for more than the original artist charges lol. That is another very sad and painful irony in the legacy of theft that is Nerfed Life.. err … I mean Second Life.
I have wasted a lot of money on textures I now consider to be questionable and therefore will never use them. Most of the questionable stuff I bought from Renderosity so it isn’t like Second Life is the only place in the universe with the problem. But that doesn’t mean that since someone might hot wire a car that we make car theft legal. Thus why the people preaching all must be free must be removed from the internet and from the game of Employed Life in general.
Dale Innis on March 23, 2009
A good post. One additional note: when going forward with a DMCA claim, there are I believe circumstances in which the person that you file the claim against will get your RL information. Something to be aware of.
Have you considered putting up a page summarizing the best-practices advice to content creators who find themselves being ripped off? I think that would be a useful thing to have!
A couple statements that I think are a bit too blanket:
“Residents in Second Life devalue artistic creations because they’re ‘not real’ even though very real number of hours go into producing them. They will decry anything which represents a proportional compensation to the time and effort that went into an artwork.”
Wow, those bad bad Second Life Residents!
I’d suggest saying “some” or “many” or “a few very vocal” or something rather than implying that it’s true of everyone.
“Remember that the people who steal content in SL are not businesses, but individuals, and usually not too bright ones at that.”
Really? Haven’t there been businesses, or at least groups of people, who have done this in a more or less organized way? I mean sure probably not major arms of organized crime
given the profit margins involved, but I don’t think it’s always just a single not-very-bright individual…
Belochka Shostakovich on March 23, 2009
Excellent article Prad, first time I’ve seen a breakdown of clear steps posted. I’m curious though on one point of initiating the DMCA process: legal cost.
Whilst the possibility of having your first life name and address revealed on filed papers could be off-putting enough to some; what happens with those who own the small stores? Especially those putting far more money in than taking out. Does the economic factor of potential legal bills also prevent people acting on discovery of a theft?
Lizzie Lexington on March 23, 2009
I truly appreciate your emphasis on not trying to publicly humiliate or “out” the thief. There is too much of that going on in second life that it makes some creators, at bloggers, look less like a legitimate business person and more like a drama monger. I have friends who have purchases BOB items in the past and I would hate to see their name on some blog just because they did not know the items were stolen.
Lizzie Lexington on March 23, 2009
oops typos:
There is too much of that going on in second life that it makes some creators, AND bloggers, look less like a legitimate business person and more like a drama monger.
I need to do better at proofreading hahaha.
fannyadams on March 23, 2009
When I first entered this wonderful virtual world I saw, Coke vending machines, XXX Beer, Prada, Nike, IBM, Microsoft, Levis, you name it. For this reason I believed, for quite sometime, that SL was somehow exempt from Copyright. There is a huge number of people unaware of the IP rights, Copyrights etc. Remember the average person in many cases doesn’t even give it a thought. Take a look around, we all know SL is FULL of content theft and a lot of people are totally ignorant to this.
I also think a few creators/designers tend to be somewhat precious about their work and really need to get over themselves. Yeah yeah, I get the whole “I spent weeks creating that” but sometimes you just gotta suck it up. If someone copies your house ‘prim for prim’ because they liked it, or because you charge exorbitant prices, suck it up, there aint nothing you can do about it.
If they’re selling it and profiting, different story. But good luck with any court proceeding, if you’re trying to sue the average Joe for ripping off your design for personal use, it aint going to happen.
Prad Prathivi on March 23, 2009
“If someone copies your house ‘prim for prim’ because they liked it, or because you charge exorbitant prices, suck it up, there aint nothing you can do about it.”
Awesome.
Now actually read the article and see there’s actually a lot you can do about it.
Sheesh.
fannyadams on March 23, 2009
If the recipient contests your DMCA they will then they will receive your RL details when they counter. There is no cost involed in filing, just a lengthy paper process.
Arwyn Quandry on March 23, 2009
What if it’s not your content, and you have no way of contacting the rightful creator without breaking more rules? That’s the issue we’re having on the teen grid – plenty of copybotted content from the Main Grid, but not possible way to get in contact with the creators without breaking a rule and getting banned, and no way to bring them over to show it without them getting in trouble. I might know exactly who is a copybotter, but lot of good that is when I can’t tell who the real creator is, or can’t go and tell them if I know who it is. Sure, we’ve put up a Flickr and a blog, and scour the XStreet for items, but we can’t really do anything, and the Lindens I’ve talked to won’t/can’t do anything about it.
Bluegum Lunasea on March 24, 2009
@Ann …”The only right thing for Linden Lab to do is break content. Delete the textures from the asset system and let all the content go missing image.”…
That has to be one of the most selfish and poorly thought out statements I’ve seen for a long.
Selfish because it smacks of “I don’t care how many people get hurt/damaged as long as I my hurt feelings get salved”.
Poorly thought out, because you haven’t really thought of the consequences have you? There won’t be a lynch mob rising up to punish the offender who will be scared of the consequences of their (alleged) theft at all. The only people who might be scared of such an uprising (because they have too much to lose) aren’t rippers anyway. The real rippers aren’t scared and can’t be scared.
But if things suddenly go “image not found” like you want, there will be:
- a lot of screaming at LL by people who “bought in good faith”. Get your lawyer to explain that one to you.
- a tidalwave of malicious DCMA’s lodged at rival businesses. How will you react if half of your store suddenly went “image not found” because of a false and malicious campaign by a rival’s alt account (or accounts)? ‘Throw enough mud and some of it will stick’ a the saying goes and you are giving people a much better incentive than they have now.
- a lot of very ugly broken builds. The biggest complaint about the mainland is…. it’s ugly, and you want to make it several orders of magnitude worse?
- and the final result? A huge exodus of people – creators and buyers – who just can’t cope with the stress that their creations/possessions suddenly went, or might go, “image not found” without warning and just walk away from SL.
Bluegum Lunasea on March 24, 2009
After thinking about it, I think it best if I explain what is meant by “in good faith” myself in order to stomp on the (unfortunately) popular idea that LL should delete *all* stolen content from the grid regardless of whose inventory it resides in.
The short answer is: It would be illegal for LL to do this.
For the long answer I went to an online US source since even though the concept is accepted internationally, my legal dictionary is an Australian one and we are dealing with primarily US law. SO I quote this US source:
http://legal-dictionary.thefreedictionary.com/good+faith
Good faith is an abstract and comprehensive term that encompasses a sincere belief or motive without any malice or the desire to defraud others. It derives from the translation of the Latin term bona fide, and courts use the two terms interchangeably.
The term good faith is used in many areas of the law but has special significance in Commercial Law. A good faith purchaser for value is protected by the Uniform Commercial Code, which every state has adopted.
In both commercial and noncommercial law, persons who in good faith pay a fraudulent seller valuable consideration for property are protected from another person who claims legal title to the property. If a court establishes the purchaser’s good faith defense, the person who claims title has recourse only against the fraudulent seller.
Strong public policy is behind the good faith defense. Good faith doctrines enhance the flow of goods in commerce, as under them, buyers are not required, in the ordinary course of business, to go to extraordinary efforts to determine whether sellers actually have good title.
Trevor on March 31, 2009
There are some resources for bloggers dealing with content theft. Tynt’s Tracer reveals what content is being copied from your website and automatically adds an attribution link back to your original content if it is lifted from your site and pasted into an email, blog or website.
Visit http://www.tynt.com to sign up now.
Trevor
Do you know what is being copied from your site?
Oriolus Oliva on December 7, 2009
You should have a look at my ever growing collection of content theft pictures… I have recently added a series of photoes of a whole stolen sim of mine…:
http://www.koinup.com/OriolusOliva/works/
Oriolus Oliva
Vintage Village, Verdigris
Ciaran Laval on December 13, 2009
Good advice Prad, people need to make a stand eventually. Why people do it is odd though, some seem to do it for profit where others seem to do it just because they can.
I can fully understand how frustrating people get over this issue, I know a skin seller who has been on the verge of quitting over these issues, but I encourage her to carry on, post links to LL’s blogs about the issue and hope she’s happy from her hard work. Being happy is the most important thing, such as when Gabby Agbonlahor scores the winner at Old Trafford to give Villa their first win there for twenty six years, that equals happy!
I do think with content theft the important issue is to follow the options, try not to shrug your shoulders, examines the avenues open to you.