Innovative… Beautiful… Timeless… Ripoffs?

by Pixeleen Mistral on 20/06/07 at 8:42 am

by Tenshi Vielle, Fabulous Fashionista

Elexor Matador Jewelry has made some serious L$s lately, what with all the fan press they’re getting. Problem is, they may be ripping off Cartier and various other high-end, real-world designers. Just how much money is involved? Elexor made 25 of the faux-Cartier pieces, and is selling them for L$10k a piece. L$250,000 is when it starts getting interesting. How similar is the design? Check it out for yourself:

Ripoff2
Elexor Matador design “Limited Edition” for the opening of his sim, only 25 sold

Ripoff1
Cartier from real life

The resemblance is uncanny. The avatar that tipped me off was not pleased, and said, “It just seems so unethical to me… I really don’t know him at all – but I would be PISSED if I found out that I paid $25,000L for a hack design no matter how well executed,” she said, “…its not much better than the people who rip textures and resell them.”

That opinion is open for debate, however, and many people have different, occasionally conflicting thoughts on the subject. I caught up with a few designers to get their opinions.

Emma Gilmour said, “well, I think that if they realize that it is not really ethical to do that, and continue to do it, then they are guilty. But I can say for myself that getting the hang of SL being an ACTUAL virtual world, I didn’t take it very seriously for a few months after I was already designing, and at the time was photosourcing designs from RL brands, and making lindens from it. It wasn’t until later as I got more and more USED to SL, that I realized that it was in fact copying, and I stopped doing it. The truth is, if you’re making money off of it, it should be your own design unless you have permission.”

Judging from Emma’s answer, it is simply the passing of time that will make you realize that copying is bad? What if they’re a “high-end”, much blogged designer? Does that make it worth pursuing?

Nylon Pinkney: ripping off completely isn’t cool, but putting your own style on it
Tenshi Vielle: Well, that’s how I mean. It’s blatantly ripping off not just spinning it into something new
Nylon Pinkney: i mean i cant say i totally disapprove

Of course, Elexor Matador isn’t the first avatar that may have to ripped off a RL brand. There is another in-world shop called “All Emerican Outfitters” that imitates two RL brands, American Eagle and Hollister. Same font, similar shop layouts, and it appears that the reason the shop was named “All Emerican” was so they could draft off American Eagle’s famous “AE” logo.

“Antie [of Artilleri] and I were banned from the shop for discussing how badly they (Emerican) are ripping those RL brands off,” Emma Glimour tells me, disgusted. “The shop owner wasn’t even there when we were doing it.” Apparently, the shop owner has listeners set up in her shop and bans anyone making the comparison. If you dare go against her, speak in IM’s! The shop owner already has a long list of bans on her property.

All Emerican Outfitters is currently in a rebuilding process, and they are making their shop appear more like the inside of a Holister shop – dark, dank, and sexual. “You won’t be disappointed!” said one gal standing inside the AE shop when I went to visit. Well… yes. I think I will be.

Check out the few pics I was able to pull from the new shop’s build and decide for yourself. Pay special attention to “their” logo.

Allemerican_001
where have we seen this before?

Allemerican_002
deja vu?

I find the idea of taking someone else’s designs, logos, and names entirely unethical. Not only that, but it is quite possibly illegal. Do I smell a copyright lawsuit? Why is this practice so common in Second Life? Should the creators be paid simply because they took time to make a product, or does creativity count?

84 Responses to “Innovative… Beautiful… Timeless… Ripoffs?”

  1. Luca V

    Jun 20th, 2007

    These appear to be just a few of the high end examples of RL designers and companies getting ripped off.

    Gun corporates would have a heart attack and then a legal field day if they realised how much gets ripped off (albeit badly 99% of the time) in Second Life.

    Sports brands like Reebok and Adidas who actually have a presence in SL should probably set their sights on the many “Gangsta” stores out there that invariably rip off shoes, shirts, pants, shorts etc and then add the staple bling scripts that cause my eyes to bleed.

    It seems to me that shopping in SL is alot like a turkish market, full of almost perfect fakes that look the deal (sometimes) but are just another cheap shoddy knockoff.

  2. Nicholaz Beresford

    Jun 20th, 2007

    I’m not a designer, but I’d take the real world approach. Designs are usually not copyrightable while logos are. Sneakers with three stripes: yes. A wristwatch that resembles the Rolex logo with it’s crown: yes. A watch with a fat wristband and fake diamonds around: no. A font name: yes. A font design (the form of the glyphs): no.

    Of course morale and business ethics are a different matter, the same with trying to avoid a lawsuit even if you are in a legally safe position (because a large company will kill you through the lawsuit, even if you win).

    But technically, I think if you stay clear of the logos (i.e. don’t have a Cartier logo dangling from that thing), the vendor should be reasonably safe, although ethically questionable, and I’d call the person more a copier than a designer.

    Copyright and patent are among the grayest and gooiest areas in law. Opnions vary widley where copying ends and where inspiration begins.

  3. Free Keiko

    Jun 20th, 2007

    It seems anyone else could just do virtually the same set now and way undercut Elexor if they had the balls to. I don’t see how he could possibly argue that “his” design was stolen from him, nor could he get all up in arms about someone copying Cartier without looking a fool himself.

  4. Julia Hathor

    Jun 20th, 2007

    Copying someone else’s designs shouts that the ‘creator’ has NO talent, NO imagination, and NO ethics. Would you want to spend your lindens on such a person? When I buy jewelry it will be from creators like Gwen Carillon whose unique designs come from her talent and mind and my lindens will help support creativity. Second Life is a new world, not a re-hash of the real world- why would you want something that is so mundane as a rip-off of a real life item?

  5. Jessica Holyoke

    Jun 20th, 2007

    First, 25,000L for jewelry? Come on! I was a little taken aback by being asked to pay 950L for a Playboy Jewelry set. (And its not that it isn’t pretty, but paying that much for something people will have to zoom in on me to see is ridiculous to me.)

    Second, the SL version and the Cartier version are similar, but not exact. The biggest difference I see is the black gems along the neckline of the SL version vs. the white gems along the neckline of the Cartier. And possibly, the price tag is related to the work involved in creating the necklace and related to the exclusivity of the creation. But not 25,000L.

    Third, haven’t we been debating this with Couch, Nike and other close to but not quite RL brands that we find in SL for some time? This is just an outrageously priced version of the same debate. I’ve always felt that if the RW brand is not in SL yet, then there is no harm to the company if there is a provider of the RW brand, which is contrary to current trademark law.

    Fourth, Cartier would have a copyright claim against the SL creator because you can copyright jewelry as a design. Cartier may also have a trademark claim if someone sees the necklace above and a consumer thinks Cartier. American Eagle and Hollister would have trademark claims against All Emerican, but not copyright due to not being able to copyright how a store is laid out or the clothing within. But if All Emerican copied a copyright protected building of American Eagle or Hollister, that could be actionable under copyright law.

  6. wankette

    Jun 20th, 2007

    Something else to bring rl law into SL. All it’ll take is one serious legal pursuit to spoil it for the rest; such close copy-catting combined with exorbitant pricing is simply asking for it. How can ‘sophisticated’ designers be so naive? If it were their originals being duped, they’d be pissed. I’ll bet all those high-priced rip-offs are no copy, no transfer. All the more ironic…

  7. Azadine Umarov

    Jun 20th, 2007

    While I tend to agree with Tenshi, please, please, please keep your terms straight. Most such infringement, if it is actionable at all (and for a gross revenue stream of less than $10,000 USD, who is going to sue?) falls under the category of *trademark* infringement. It is very difficult to prove a copyright infringement suit in most cases, even ones as blatant as the copying of the jewelry design. Most sensible companies are likely to take the “imitation is the sincerest form of flattery” approach, to avoid looking like a complete bully over chump change. It’s hard enough to learn to build and create in SL; it shouldn’t be that shocking that neophytes will start off by imitating some well-known model.

    Granted, given that SL has no gravity and therefore almost no limits to what can be made in it, I personally find this fascination with RL brands and images a little strange.

  8. Tenshi Vielle

    Jun 20th, 2007

    “Granted, given that SL has no gravity and therefore almost no limits to what can be made in it, I personally find this fascination with RL brands and images a little strange.”

    It’s not strange, and it’s not surprising. People who imitate like this may not lack artistic ability, but they lack imagination.

  9. Alaska Metro

    Jun 20th, 2007

    Is this any different from SL clothing creators who photosource? I don’t see any outcry about that, yet that’s a more direct way to copy an existing real world design than recreating it prim by prim.

    If the creator had referred to this jewelry design as being “Cartier-inspired”, would there be less of a backlash? They’re hardly the first in-world creator to be influenced by existing First Life designs.

  10. Anonymous

    Jun 20th, 2007

    It’s not identical but very very similar. Also it’s prims rather than jewels! I don’t think Cartier should be worried LOL. The designer can’t cry foul here in SL now if someone rips him off I suppose.

  11. Meng Deigan

    Jun 20th, 2007

    To me, it is not so much the issue of Cartier being ripped off (though certainly they were, the necklace pattern is exactly the same and even the name… *boggles*). The replica market is a huge business in RL, its not surprising that it is in SL as well.

    I think it is more about the SL designer and having ethics, integrity, and your own creativity. All designers take inspiration from different places, including other designers’ work. But inspiration and replication are very different. If I as a SL consumer purchased a limited edition set for that kind of money – I would expect it to be an original piece of work. There’s no doubt that many things are copies in SL – but the way this store chooses to market itself – high end, innovative, exclusive – makes this both ironic and distasteful.

    I will be interested to see the reaction from the various fashion blogs that have covered his work so positively. If they somehow come up with an excuse for this behavior after crucifying so many others for doing the exact thing in SL – it will speak volumes to me about their own integrity.

  12. janeforyou Barbara

    Jun 20th, 2007

    This is not easy.. you can buye a item from a shop..a texture or a chair, and a texture pack. How can you know if its a copy of a others? I shopped castle textures and items and 3 huge castlepacks and suddenly somone told me that some of the textures was owned and designed by them and not by the one i buye it from…25k packed.. was no copyright name on and i was in good faith.Wen i here Daniel Linden say ” it may be thems,it may not be thems,thats up to them to proof” i wonder what a user can do in this ” jungle” of shops items and textures…there are tousens.In my opinion if i as a third part buye a item in good faith the item is mine and i can use it and do what ever i want with it if it got resell/giveaway/trans/copy/mod…its up to the creator to proteckt there creation.. not the user.

  13. Pointless

    Jun 20th, 2007

    This is done all the time in RL business. You see knock offs any piece of fashion even the leading designers do similar items. Can you say that the Cartier jewelery is the exactly same? No it’s a knock off. There is nothing illegal. I really do question the need to call out names and do a witch hunt for this is done all the time in SL? What if you were called out for photosourcing for being an uncreative hack, in the SL Herald? It’s ok for yourself to learn your morality but the other to be punished, very nice.

  14. Amelia Abernathy

    Jun 20th, 2007

    I want to say in Lex’s defense that of the 5000+ items he has designed are 99.9% original. He made this particular piece because I loved it and I wanted it in Second Life. The earrings, bracelet and anklet were inspired from the necklace and not copied as you can see in the picture above…the picture of Willow Caldera of which I see no reprint permissions for.

    I was wearing this set and got so many compliments on it, we decided to release it as a limited edition. Plain and simple.

    I am surprised at the vitriol of some of the comments…especially from other designers. I’m NOT surprised at the slant of the article in seeing the same inflammatory pattern with this writer as she’s attacked other designers and bloggers. Tenshi Vielle instant messaged Lex asking the price and permissions of the set and nothing else. She didn’t tell him she was writing the article and she didn’t ask for any background on the story she was writing.

    Before you are so quick to get your public pitchforks and flaming torches, come over to the Southern Paradise Sim and have a look at the original build, commission some custom jewelry and see for yourself the creativity, ingenuity, commitment to customer service, and hard work it takes to put together a successful Second Life business.

    Most sincerely,
    Ame

    Amelia Abernathy
    Ame True Design House @ EMJ – Elexor Matador Jewelry
    Southern Paradise (185,225,53)

    http://elexor.wordpress.com

  15. Prokofy Neva

    Jun 20th, 2007

    It is unethical and possibly even critical. Why is it so common in SL? Because the Lindens tolerate it and even encourage it. When you have the CEO of the company arm-pumping and saying WOOT to a question about “when are we going to have an end to copyright,” you can understand that LL is hastening, not delaying this day. Of course, first they want to make sure they have enough profit and influence from their own copyrighted and proprietary server code before they do that, but any day now.

  16. Tenshi Vielle

    Jun 20th, 2007

    Some of the commenters here aren’t making any sense, or very little at all. I personally condone photo sourcing. I hate it. If you’ve read any of my previous articles, you will get a very clear feel of my reactions to photo sourcing. The commentary on Redgrave at the Second Convention show comes to mind.

    This is indeed a witch hunt. You are correct, Pointless. Unfortunately, that IS the point – this practice needs to stop. It’s embarrassing and hideous.

    I had indeed credited the photograph of Willow Caldera, but that has disappeared from the article. Unfortunately, Amelia, there really was no necessity to speak to Elexor about this – his item is in SL circulation, and therefore is fair game. If he feels he wants to stand up for himself, he can come here and do it. Inflammatory? Yes, but don’t take it so personally. After all, Elexor isn’t the only designer that can’t (can?) hack it in SL. His other designs aren’t really of consequence at the moment. (Tiffany heart-shaped charm bracelet, anyone? Find it at Elexor’s!) The problem is with this “special edition” piece that he is selling for an extremely, hideously inflated price. It’s not “original” and for you to ask for a replica – for shame. He could have decided to not sell it… but he has. Therein lies the fault.

  17. Anonymous

    Jun 20th, 2007

    funny to see Nylon’s opinion since her side project is nothing but completely ripped off runway gowns. I don’t really consider the dress being a slightly different shade of the same color as “putting your own style on it”

  18. Karl Reisman

    Jun 20th, 2007

    There is something similar going on with aircraft manufacture in SL. I produce High End Replicas of WW2 aircraft, but having worked in the game industry for 17 years now, I research, plan, and create my own textures for the aircraft. There are other aircraft creators in SL that have used textures from the leading combat flight simulators on the PC, often mixing and matching textures from the same aircraft appearing in different games. As a member of the games industry, I find such conduct disrespectful. And were it not for obvious “paint overs, and added weathering, the matches would be exact, but to report such violations is a long DMCA process, rather than like various on line art Archives, sending visual proof to the administrators can result in a request to remove the offending images or an outright removal of site privileges. The Lindens do not make the process of reporting very easy or efficient.

    On the other hand Money seems to talk more loudly. This morning I got a Notice from SL Exchange that one of my aircraft had been de-activated from sale because it was a trademark violation of a Car brand. Apparently the Ford Motor Company does Keyword Searches every couple of months and then reports th violations to SLX. The Plane is the P-51C Mustang, one of my consistent Top Sellers. The plane was the inspiration for the car name, and Wikipedia confirms this story. Apparently an automatic CYA corporate response is heavy handed, imprecise, and beholden only to corporate interests. (and their topflight lawyers). Do we really expect the Lindens to be any more adept than the otherwise well run Secoond Life Exchange?

  19. Artemis Fate

    Jun 20th, 2007

    I think if you’re paying 25,000L$ for jewelry (almost 100 USD), whether or not the jewelry is a knock off is the least of the problem. I hate jewelry makers that feel they have the right to charge a shit ton of money because they’re making prim versions of expensive real life objects (incidentally, diamond prims cost the same as coal prims), especially when they’re not original enough to design the damn thing themselves.

    My feeling on copying real life items is, the best thing to do with that is to use it as inspiration rather than a source, however if you want to use something like that, it’s better to call attention to it being a copied from some real life source, and of course, give it a more than reasonable price. From the looks of things, this designer didn’t do any of that.

  20. Iota Ultsch

    Jun 20th, 2007

    Who the f* can afford Cartier in RL anyway?

    Or deck out their home in Herman Miller, Louis Poulsen and Etra?

    Second Life is a place where people can enjoy a version of some of life’s luxuries for a couple of dollars. So what if it’s a knock-off?

    Beautifully executed reproductions are welcome in my book. Besides, it’s all part of the learning curve for anyone serious about building and it actually opens opportunities for these brands to be advertised gratis in a virtual environment.

    All I can say is that those who can’t do, criticise! So no need to be so vile, Ms. Vielle!

  21. Amelia Abernathy

    Jun 20th, 2007

    *Laughs in Advance*

    Oh Lex perfectly capable of standing up for himself and I am certain he will. Quite frankly, I’m looking forward to it. He’s traveling today and will be back tonight. I responded to the article since we’re partners and this particular piece was prompted by me.

    Take your story personally? No…lol. Those who can’t do, critisize.

    *laughs and closes the window and goes back to making beautiful things for beautiful people*

  22. micsxhurtx3

    Jun 20th, 2007

    I respect your opinions in all ways. But first off, I think anyone willing to pay L$10K for a piece of jewelry shouldn’t be complaining. There are many places in SL to buy very nice jewelry that doesn’t have to cost L$10K. And as for ‘All Emerican Outfitters‘, most to all of the customers are very aware that the designs are similar to those of American Eagle. This is a top reason why they are so successful, because there are many people in SL that like the look of American Eagle, and wish to purchase the clothes in SL also, not just in the real world. I don’t believe that the layout of the store is relevant, but as Julia Hathor stated above, there is no copyright on the way a store appears.

    Sure, some may believe it is unethical to be producing clothes and materials in SL that aren’t their own designs, but the customers know what they are buying, and apparently are completely fine with it. If that many people were against it, these businesses wouldn’t be as successful as they all are. The font of the company is a very basic, simple font, and I don’t think that it is such a copyright violation, due to the fact that it is so plain.

    And as for you questioning that “gal” inside the store, you aren’t completely exempted. You violated their private property when the land was specifically set so no one could enter. Without going into technicalities, none of the information you acquired while invading the property should be allowed to be used, since you attained it illegally.

  23. Tenshi Vielle

    Jun 20th, 2007

    “I am surprised at the vitriol of some of the comments…especially from other designers *knowing full well that 100% of their designs aren’t original. ” — From the new EMJ blog post.

    Does this person ever visit second life designers? Apparently not. Having a 99.9% UNORIGINAL Cartier piece for sale is not something to justify by saying, “Oh, look at the other SL designers!” Wrong. If you look at the big-name designers in SL, most of them ARE 100% original. You’re defacing the industry with that kind of generalization.

  24. Samantha Gide

    Jun 20th, 2007

    Art Imitates Life

    SecondLife is a gallery, not rl, where people that gather create lives, businesses, and fantasies. If one’s avatar looks like another (very likely because people buy skins from the same vendors and copy each other when they like he way someone looks), no one complains. Skins, houses, furnishings, clothes imitate life, and current trends. There is also the opportunity to design something completely new and different, even if the design cannot be fabricated in real life or is not structurally sound (if a house or commercial building).

    We derive inspiration like everyone else, from current fashion trends, and our own creativity. We have plenty one-of-a- kind designs that are original to our business. We supply clothing and accessories that people want to buy.

    We listen to see what people think of our store, the shopping experience, the clothes etc. so that we can improve the shopping experience for our customers. Again, art imitating life. This is called market research. We can’t be online 24/7.

    As in rl, people have the option of shopping where they like. If you don’t enjoy shopping at our store, then go elsewhere. Smear campaigns are always malicious and indicative of ulterior motives. We urge our customers to read between the lines of this nasty post and judge for yourselves.

    We respect the right of the banned person to post, but also have the right to ban anyone that keeps us from having the kind of SL experience we want. This is supposed to be fun for us. Who needs to deal with nasty people when you are trying to relax and escape from rl?

    As for the banned person who posted, we suggest you get a rl and just shop somewhere else in SL.

  25. Riddle me this....

    Jun 20th, 2007

    So I suppose that you aren’t counting the exact replica of a RL ring that was also created and sold as a limited edition for a whopping $15,000L in that 99% of originality, are you Ame? Or the duplicates of the Tiffany line?

    Its all good to market yourself effectively as a high end store, but don’t sputter and protest when someone calls you on the carpet about something that is undeniably bad ethics. I don’t see a lot of “vitriol” here. You can look at other discussions about copying and modding other people’s SL designs to see that sort of thing.

    You also can’t dismiss the message because of the messenger. Tenshi does write some inflammatory things, but she’s not the only one in the SL Fashion scene to do so. Is it worse to be biting with the truth, or sweet when you cover up a lie? What about this makes it “drama”? The fact that it is something you don’t like people to know? Sorry. That’s not good enough.

  26. Nacon

    Jun 20th, 2007

    10K L$ for a jewelry? Hahahahahahha!

    Those things are easy to make now these days.

  27. urizenus

    Jun 20th, 2007

    By the way, that *is* a nice necklace. How much does it cost in real life? My GF has a birthday coming up; do you think if I fabricated Elexor’s piece with a 3D printer and told her it was a Cartier she would notice the difference?

  28. Nessa

    Jun 20th, 2007

    I don’t see a problem with the Cartier knock-off jewelry. I just bought a knock-off of that same necklace in RL at a local store for $25. If people can make knock-offs in RL why not SL.

  29. Ric Roizman

    Jun 20th, 2007

    Shit now. There are plenty of people in SL immitating RL branding of clothes, hats, shades, purses, shoes, etc. I hope we are not making a big deal out of this just because they are immitating something. We are making a big deal out of this because they are fucking overcharging for something that is becoming easier to make now days.

  30. Michael

    Jun 20th, 2007

    I wonder when the opposite will happen: some RL company realising a design – most likely jewelry or fashion – which was first seen in SL. Could the SL designer enforce any rights?

  31. Artemis Fate

    Jun 20th, 2007

    I think there’s a pretty important difference between imitation and inspiration, imitation is simply taking one design and copying it entirely, maybe changing a thing or two but nothing major. I’d say that’s kinda bad to make a business out of it, but okay every once and a while, especially if you credit the sources. Inspiration is just taking an idea or concept and modifying it heavily or incorporating it into a larger idea. Totally okay if not the entire basis of art in general.

    I don’t really have a big problem with this guy copying the real life jewelry, I mean Cartier might, but that’s their business. I’m more annoyed that (apparently) he thought it necessary to slap a 25,000L$ price tag, which in itself is beyond insane, on a design that for the most part he didn’t create. It’s weird too, because from the looks of things, all the other items in the store seem fairly reasonably priced.

  32. Tenshi Vielle

    Jun 20th, 2007

    I wonder where Samantha Glide from All Emerican copied that wonderful little “article” from that she used to justify her shop.

  33. Kryss Wanweird

    Jun 20th, 2007

    Very cute!
    I’ll make one for me and give out copies to my friends :)

  34. DaveOner

    Jun 20th, 2007

    What’s the difference between this and all the Star Wars stuff for sale in SL?

    The price is ridiculous for being a series of shrunken spheres and rings but if enough chumps line up to pay then go for it!

    As far as All Emerican, that is crossing the line. American Eagle isn’t even unique! At least TRY to come up with something new for a store name and logo!

    Otherwise I think it would show a lot more integrity for these knock-off makers to say “inspired by” and site the work they’re copying as was mentioned by someone above.

    Credit where credit’s due!

  35. Anonymous

    Jun 20th, 2007

    EMJ snubbed you, too, huh?

  36. Tenshi Vielle

    Jun 20th, 2007

    Emma Glimmour would like to point out that she was not “disgusted”, but “laughing” when she found out that she was banned from All Emerican for what she said about their shop.

    [16:37] Emma Gilmour: i felt i was misquoted on one thing
    [16:37] Tenshi Vielle: Oh, what?
    [16:37] Emma Gilmour: i wasn’t disgusted about being banned
    [16:37] Emma Gilmour: i was laughing about it
    [16:37] Emma Gilmour: i really don’t care, but i thought it was funny :D
    [16:37] Tenshi Vielle: Oh. I can post that in a comment to rectify that if you like.
    [16:38] Emma Gilmour: k thanks :D DDD

    I would also like to point out that, at this time, I have also been banned from All Emerican. “Market research” my ass.

  37. chuckles

    Jun 20th, 2007

    A comment that might be more apropo than the defensive and juvenile response from Ms. Abernathy…

    Those who can’t create, copy. =D

  38. chuckles

    Jun 20th, 2007

    A more apropos comment to this story than the defensive and juvenile response by Ms. Abernathy…

    Those who can’t create, copy. =D

  39. Emma Gilmour

    Jun 20th, 2007

    Hello! I just wanted to reply to the comment by Samantha Gide and clarify one thing. When I was at All Emerican Outfitters, I was excited because of the style, and the fact that it is the same style that I wear in real life. American Eagle Outfitters is one of my favorite RL brands and I shop there frequently, online, and in person. I was with a friend when we went to All Emerican and the store was empty. Usually, if we are going to critique the work of a designer, we will speak in IMs, but since no one was around, we figured it was ok to speak in chat. We did not say anything degrading about the shop. All I said was that it bore a striking resemblance to the website of American Eagle (not even the store layout, just the texturing on the ceilings, and all the clothing), and ALSO said within the same 5 minutes that “I wonder if that is illegal?” because I had no idea.. I still don’t. Like I said in my quote for this article, I do not believe it is a black and white area.. tis very gray, so I refuse to take a side. Anyway, within minutes, me and my friend were both booted from the property and received messages that we had been banned. Soon after, I IMed Samantha Gide to inquire about why we had been banned, because neither of us were insulting the store, just having a conversation about the website that it resembled. Didn’t even make a statement about it being wrong.

    Just wanted to clarify :/

  40. GWendt

    Jun 20th, 2007

    It should be noted that when I went to check it out 8:45pm EST on 6/20/07 the entire AE parcel is locked down which includes the store and quite a bit of land on all sides around it.

  41. Anonymous

    Jun 20th, 2007

    “This is indeed a witch hunt.”

    Clearly the implications of what that comparison means has shot straight over your head. I’d applaud your honesty if it weren’t so deeply rooted in ignorance.

  42. Tenshi Vielle

    Jun 20th, 2007

    I’d be inclined to applaud your comment applauding me for my honesty if your comment wasn’t so deeply rooted in ass. < I can win that game.

    Anywho, I stated in the article that the sim was shut down. It’s “under construction” – Not to look like the American Eagle website any longer, but to look like the interior of a – *gasp* – Hollister store!

  43. Gillian Waldman

    Jun 20th, 2007

    Ummm

    “I personally condone photo sourcing. I hate it.” – Tenshi Vielle

    Condone means you approve. Abhor might be the word you’re looking for.

  44. Alphabet Qi

    Jun 21st, 2007

    Purely by synchronous accident, I ran across a fascinating blog today called Counterfeit Chic, by a lawyer specializing in property law.

    Of course, it is a RL blog, but food for thought in this SL debate, and the main page is a colorful interesting scroll,to boot.

    “It’s about the centuries-long, arguably productive battle between designers and copyists, and also about why the modern world threatens to upset that balance. It’s about the universal phenomenon of copying, and about the law’s limited response.”

    I liked this, on her FAQs:
    “Doesn’t intellectual property law protect fashion?”
    http://faqs.counterfeitchic.com/

  45. Reality

    Jun 21st, 2007

    Ok, so someone is making similar – but not exact – versions of Real Life apparel and other things in Second Life …..

    We should give a flying fuck …. Why?

    These items – sold only in Second Life – do not exist outside that nice little pixel space` and thus are not detracting from the sale of these real life items.

  46. micsxhurtx3

    Jun 21st, 2007

    I have yet only one simple question. Why do you care as much as you do?
    There must be something fueling this passion to get all these designers in trouble.

  47. James Dagger

    Jun 21st, 2007

    What about stuff like Apple Computers for example. There are a few vendors who sell them. None of them really call themselfes “Apple”, but you can find them within the search under that word. They go under own brands like “Grape”, “Apfl”,… and so on. But they are copying the apple designs. Is this the same? I mean, they just following the need. A lot of residents just *want* an Apple-computer in their virtual home… What do you think about that?

    Greets
    JD

  48. Chav

    Jun 21st, 2007

    >A lot of residents just *want* an Apple-computer in their virtual home… What do you think about that?

    I do think it’s significant that in almost every other area of content creation we’re allowed/expected/encouraged to replicate RL objects, in some cases almost perfectly. Brand loyalty or the need to make SL like RL, but while I don’t exactly applaud it I can understand why there’s still confusion about what is and isn’t verboten. Most of the jeans in this game are photosourced, so why not go all the way and sell them as pixel versions of a real product with a famous name?

  49. Morgana Fillion

    Jun 21st, 2007

    “I’d be inclined to applaud your comment applauding me for my honesty if your comment wasn’t so deeply rooted in ass. < I can win that game.”

    If knowing the word ‘ass’ gives you a win of some sort, you’re playing a much more childish game than I am.

    Since it’s still shooting over your head, let me spell this out. The witch hunts you admit you’re emulating were driven by ignorance, fear, jealousy, spite and bids for attention. The target of them did not actually sour their neighbor’s milk or cause their children to be stillborn as accused. Do you grasp this – they were innocents who were murdered for a number of petty motives. Some were accused by those who were jealous of their position in the community (midwives and the like), some were murdered for simply being elderly and ‘different’ from what the morality cops decided was the norm.

    The accusers and prosecuters have gone down in history as hate crime murderers, not crusaders for a just cause, and that’s what you are stating you’re doing.

    I believe that your affiliating yourself with these people (assholes, since you do seem to understand the word ‘ass’) is simple honesty. You *are* motivated by spite and jealousy and a bid for attention from a group of people who don’t like you (if you can’t join ‘em, beat ‘em, eh?) and in doing so, you’re attempting to appeal to emotions without doing any relevent research into whether or not the basis of your accusation is actually wrong rather than just something you disagree with – invent the crime, then prosecute without bothering with the details and just hope that you can stir up a mob willing to react without noticing that you’re full of crap.

    And if you stand by that honest admission of motive, I’ll still think you’re a spiteful, hatefilled little weasle, but at least I’ll respect you for being an honest weasle.

    But I’m also pretty sure that that’s not actually what you meant when you declared your actions to be a ‘witchhunt’ – that once again, you were merely demonstrating a lack of understanding about something that is common knowledge and misusing the English language to the point where what you say is the opposite of what you intend. (but you do know the word ‘ass’ – I assume it is said to you often enough to have that word down)

    So… witch hunt or not, Tenshi? Just what do you want us to believe you’re doing here?

  50. Tenshi Vielle

    Jun 21st, 2007

    **Update** Elexor Matador has responded to the allegations on his blog.
    The most prominent sentence?

    “I would have been happy to add “inspired by Cartier” in the documentation, but I was concerned it may have felt like false advertising.”

    Anyone would notice the word “INSPIRED” and not “MADE BY”. If you wanted to give credit to Cartier instead of stealing their design, you could have done so. You didn’t. You fully planned on hijacking this design.

    He also chooses to personally attack me – not surprising considering he’s been cornered. “Since this reporter continues to take her inspiration from them, you’d think she’d be on my side. ” Sorry, hon. I don’t bother to take inspiration from them. If you’d read the article correctly, I wrote this story because of a concerned *customer* of yours… who made the connection between your piece and Cartier’s.

    “Hindsight, if I had it to do over, I obviously would have spent more time on the piece and given it more of my own flair.”

    Your own flair? You mean like your own “flair” that you put on the Tiffany-copied bracelets?

    “So this person did all the legwork to simply and only ask me how much the item cost, apparently, the whole genesis of the item was a moot point. That’s the extent of the ‘investigation’ that was done for this op-ed. ”

    You wanted an investigation? What for? You already released the item, no mention to Cartier whatsoever. I think that’s catalyst enough to put any consumer into a bit of a spin. Nobody likes a fake artist.

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