SLEXchange DMCA Takedown Leads to Stalking
by Alphaville Herald on 05/04/08 at 3:21 pm
Skin designer’s DMCA complaint outs identity, leads to RL harassment
by Tenshi Vielle, fabulous fashionista
Stephanie Misfit dropped me a very particular link this morning. PXL Creations was forced to file a DCMA with SLExchange against a skin stealer. Well, it appears that when the thief recieves the documentation, they now have access to your RL name, phone number(s), email address… you name it, if it was on the DCMA, they now have it. Linden Lab has not ordered SLExchange to cover up that highly sensitive information.
PXL Creations is facing RL harassment from this thief now instead of just harassment within Second Life. The person in question calls PXL Creations owners at work now instead of just within Second Life.
the other thing that remains is that Hart (Larsson) 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.
Don’t you think SLEX would bother to cover up that information, or attempt to, in accordance with LL’s TOS? Obviously the person PXL Creations is dealing with isn’t sane.
[this article is courtesy Shopping Cart Disco]
Stupid Is As Stupid Does
Apr 5th, 2008
This isnt just stalking, this is pure mobbish intimidation. Which is good for the plaintiff here, because now it moves beyond just DMCA violations. This is now also violation of the Wire Act, and the Rico Act, for racketeering and corrupt practices, as well as harassment and threatening. PXL now stands to receive trebel (three times) actual damages, and the thief may also be headed to jail.
At some point these idiots are going to realize RL law applies.
Cockhoenut Koala
Apr 5th, 2008
Duh?
If you aren’t willing to take your business into the Real World, don’t file real world complaints. Of course they will receive your complaint, what happens to those who get false DMCA reports and aren’t given the opportunity to correct the situation?
Anyways, this is the same reason Prokofy Neva should have stayed behind he alias and not give out personal information that leads to people calling her with the Hymn of the Russian Federation.
Cockhoenut Koala
Apr 5th, 2008
Also:
“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.”
LOL. Not if the user is smart enough. Add his number into Google411 and start making anonymous calls from payphones. Heck, just Op-Divert.
Also, I don’t think you can just request the police tap your phone line. You would have to record the calls yourself. You can however do the *57 to log the call for the police. But LOL at wasted time if the user isn’t stupid enough to call from home without diverting.
Darien Caldwell
Apr 5th, 2008
“Don’t you think SLEX would bother to cover up that information, or attempt to, in accordance with LL’s TOS? ”
This has nothing to do with LL’s TOS. When someone files a DCMA, both parties are given the other’s real life information, for the purpose of filing their lawsuits, this is the law, and at that point it’s completely out of LL’s hands. At least in the United States, you have a constitutionally protected right to face your accuser.
But of course, Harrassment and Intimidation is by no means proper or legal. It’s just grounds for yet another lawsuit.
whisper2u
Apr 5th, 2008
File a DCMA and get everything you deserve IN SPADES baby… The Sex Bed DCMA cost thousands in lawyer fees and settled for what? $200 usd? heh.
you're kidding me, right?
Apr 5th, 2008
You know, it’s poor form to advertise your personal site in your articles.
Sunrae
Apr 5th, 2008
@ Cockhoenut Koala : “If you aren’t willing to take your business into the Real World, don’t file real world complaints. Of course they will receive your complaint, what happens to those who get false DMCA reports and aren’t given the opportunity to correct the situation?”
It is not that we do not want to take it into RL…The issue is that SLExhange discloses unilaterally the information to the person who got filed against, whereas he/she remains anonymous until he/she should decide to file a sworn counter notification because the DMCA is not justified. In cases where it IS justified, the person just does not file, and will remain anonymous and indeed able to harrass and/or stalk via phone booths, prepaids and other difficult traceable means of communication.
LL, and for instance Google, DO notify you when a DMCA is filed against you and on what items it was filed, but they retain any personal information until a sworn counter notification is filed. Only after the reception of a fully filled out and correct counter notification, they inform both parties about the personal data of the other party, so that they can take their dispute to court.
The way SLExhange is handling the procedure is unnecessarily damageing for the filer and apparently there are other ways to deal with this and still be compliant with DMCA.
Anon
Apr 5th, 2008
LOL.. .More drama from a bunch of “content creators”. Get a real life!!!!
Digital Digital
Apr 5th, 2008
Drama Drama & More Drama get a REAL LIFE
N. Wunderlich
Apr 6th, 2008
Personally, I think this kind of stalking is just wrong, but…
“…they now have access to your RL name, phone number(s), email address… (…)
The person in question calls PXL Creations owners at work now instead of just within Second Life.”
Interesting. How comes PXL creations obviously gave out his / her *work* number instead of their *home* number? Because – how would the stalker have gotten the work number any other way?
TikiTiki
Apr 6th, 2008
Do you guys even know how a DMCA works or do you just crack and write these so-called ‘articles’?
When you file a DMCA against someone that person is going to get your RL info, and you’re going to get theirs. That has absolutely nothing ‘NOTHING’ to do with SLX. DMCA’s are filed through LL and abide by the DMCA guidelines. Again, nothing to do with SLExchange.
Can somebody please fire you before you go and write more articles about stuff you obviously haven’t even bothered to do some basic googling on?
Bug Eater
Apr 6th, 2008
This is a quote from the original article:
‘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)’
Fleche Xeno
Apr 6th, 2008
Well i personally do not agree with the slx admins or the owners (Anshe in particular) but i love aarguing with the bitch sisters, Montana the man who sits with a pile of urls on another laptop reseaching every post before copy pasting every post, and Anne otoole, the manic deppresive.
but a dmca is an rl thing and hiding ones identity is a requirement.
i do marketing in sL and ithough i am not really good i would think this is true. And i luv sami my love god.
Sami Tabla
Apr 6th, 2008
A dmca filed werever will result in real world details being revealed. Now leave us alone and go get a life. This fucking thread has outived its fucking usefulness.
And i want to reveal if you want a real scoop, since i have been told its out already, yes me and tigress are one in the same. i am an alt. and tiggs talon is my real lover in virtual life…….
Now leave us alone.
Meaghan
Apr 6th, 2008
I am just an Aussie and because I am I had no clue what DCMA stands for. So I looked it up and I found this;
Defense Contract Management Agency (DCMA) is the United States Department of Defense
Digital Millennium Copyright Act (DMCA) is a United States copyright law
So do you mean DMCA as opposed to DCMA???
d3adlyc0d3c AKA Adromor Wierwight (banned again)
Apr 6th, 2008
I told you SLEX sucks. Told all of you. Now you just need to boycott them. I’m no longer in SL as Harry Linden discovered who I was and banned me. After spending over a thousand hours creating content it’s just not worth going back.
God you have no idea how much restraint it took not to ddos slex, attack their sims, harass their staff in email and within SL in protest of the fucking corrupt hippie shit they push over there.
And Montana Corleone thought I had harassed her….LOL yeah, right. She should perhaps speak with Jenna Fairplay or ACS about what real harassment is. When I was a PN member I used to test all my new weapons on both companies sim’s and execs. Dreamland was basically my own personal playground and weapons testing site.
Anyway, I highly recommend you guys take your business to OnRez where they act in a professional manner without spreading any political propaganda or handing out people’s personal information <3
tikitiki
Apr 6th, 2008
Awww…you’re not gonna post my comments? You guys constantly slander people without any facts whatsoever but can’t take a little criticism yourself eh? Tch, tch…why does everything you guys write make a 9 year old’s book report seem like Tolstoy in contrast? Not to mention, this article looks like nothing more than an advertisment?
anon
Apr 6th, 2008
hahaha you people are so insane
MY E-PROPERTY GOT E-STOLEN, NOW SOMEONE IS HARASSING ME
it’s a fucking game, get over it
Captain Jack
Apr 7th, 2008
I don’t understand why all these content creators constantly whine about DCMA’s. Sure you might get LL or SLEX to remove the content but having the person’s name isn’t going to mean jack unless they live in the states. /me fires up the good ol’ copybot and gets back to work
lulz
Apr 7th, 2008
hey tikitiki they don’t know who Tolstoy is. You gotta stoop to their level and you should go with Dr. Seuss. they will think he’s a real doctor and be impressed.
^ban^
Apr 10th, 2008
“This is now also violation of the Wire Act, and the Rico Act, for racketeering and corrupt practices, as well as harassment and threatening.”
There is no violation of the Rico Act here, go back to law school. That this article even mentions LL is absurd, how stupid are you people?
“Also, I don’t think you can just request the police tap your phone line. You would have to record the calls yourself. You can however do the *57 to log the call for the police. But LOL at wasted time if the user isn’t stupid enough to call from home without diverting. ”
In many places it is illegal to record a call without knowledge and consent from both parties, the only exception to this is when the police have a warrant to do so.
oxbat
Apr 15th, 2008
You artsy fartsy types and your DCMA filings make me ill. Dont you understand that LL only pays lip service to IP rights and could careless about your socalled content? IP rights or a pain in the butt to LL, thats why they do very little to support you! In the end if you want to protect your arty-farty stuff it would be best not to put it on lindens system in the first place, or if you do, have a enough money and the balls to fight your own legal and personal battles in RL. Frankly if you win a battle in RL after you file a DCMA what have you really won? Mostly likely a few hundred dollars at best. Is that worth the trouble it could cost you? There are all sorts of people in the world that dont see the world from your artsy fartsy prospective. Do you want to take the chance of angering the wrong one over some silly Photoshop artwork you put up in some online game?
Krimson
May 5th, 2008
That’s no different then peoples RL info being posted on sluniverse. Another reason why there is no future for sluniverse.com. kharma is a bitch.
its so sad to see some of the people posting on that site who seem intelligent replying to threads all day about cock and tits. It makes them look like asses and LL sees this which is the real reason why slu was told to fuck off by LL.
By the way why isnt there any ‘inSL’ logo on slu like on slexchange since slx is a legit site? slu is a phony coverup for a few asshats that want to control other people thats it. Everyone else is nothing more than their pawns while they go through the same cycle week after week.
So I guess now Cristiano can take his dumb animated lizard, Flipper can take his **** *** ****, and Joshua can take his victim/drama queen act and they can all go find a room at bannaverse.com.
sluniverse is shit.