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	<title>Comments on: Wholesale Fails In Second Life</title>
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	<link>http://alphavilleherald.com/2009/04/wholesale-fails-in-second-life.html</link>
	<description>Always Fairly Unbalanced</description>
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		<title>By: Isis Owatatsumi</title>
		<link>http://alphavilleherald.com/2009/04/wholesale-fails-in-second-life.html/comment-page-1#comment-5705</link>
		<dc:creator>Isis Owatatsumi</dc:creator>
		<pubDate>Wed, 15 Apr 2009 01:44:24 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=327#comment-5705</guid>
		<description>There is one maker dominating the  full perm sculpty boots pack market..and it is sad to see them sold without any modifications.

I disagree that it hurts consumers.Its no different than RL .  I can buy a knockoff handbag in midtown Manhatttan for $100 and then  go to Chinatown and find it there for $50.. If I want the &quot;real deal&quot; I go to a trusted designer or department store.
</description>
		<content:encoded><![CDATA[<p>There is one maker dominating the  full perm sculpty boots pack market..and it is sad to see them sold without any modifications.</p>
<p>I disagree that it hurts consumers.Its no different than RL .  I can buy a knockoff handbag in midtown Manhatttan for $100 and then  go to Chinatown and find it there for $50.. If I want the &#8220;real deal&#8221; I go to a trusted designer or department store.</p>
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		<title>By: Sigmund Leominster</title>
		<link>http://alphavilleherald.com/2009/04/wholesale-fails-in-second-life.html/comment-page-1#comment-5704</link>
		<dc:creator>Sigmund Leominster</dc:creator>
		<pubDate>Tue, 14 Apr 2009 18:10:37 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=327#comment-5704</guid>
		<description>Mmmh, if someone creates &quot;something&quot; and then openly offers it as an item that can be modified and resold, that&#039;s perfectly legal. If the creator holds copyright (and they may not if what they &quot;create&quot; is generic) then he/she has the right to allow other to &quot;Prepare derivative works based upon the work.&quot;

The issue then becomes one of either poor business (giving away your rights to something that another person then makes a fortune out of) or limited creativity (they all look the same - how dull).

Whichever it is, it is very different from real IP theft, and just because it takes place in a virtual world doesn&#039;t provide immunity from real world litigation - if you create stuff in SL, you DO have certain ownership rights, even if other folks think &quot;it&#039;s just a game.&quot;

I expect to see more and more real world cases related to virtual world IP theft coming out over the next few years.
</description>
		<content:encoded><![CDATA[<p>Mmmh, if someone creates &#8220;something&#8221; and then openly offers it as an item that can be modified and resold, that&#8217;s perfectly legal. If the creator holds copyright (and they may not if what they &#8220;create&#8221; is generic) then he/she has the right to allow other to &#8220;Prepare derivative works based upon the work.&#8221;</p>
<p>The issue then becomes one of either poor business (giving away your rights to something that another person then makes a fortune out of) or limited creativity (they all look the same &#8211; how dull).</p>
<p>Whichever it is, it is very different from real IP theft, and just because it takes place in a virtual world doesn&#8217;t provide immunity from real world litigation &#8211; if you create stuff in SL, you DO have certain ownership rights, even if other folks think &#8220;it&#8217;s just a game.&#8221;</p>
<p>I expect to see more and more real world cases related to virtual world IP theft coming out over the next few years.</p>
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		<title>By: Gary Windass</title>
		<link>http://alphavilleherald.com/2009/04/wholesale-fails-in-second-life.html/comment-page-1#comment-5703</link>
		<dc:creator>Gary Windass</dc:creator>
		<pubDate>Tue, 14 Apr 2009 15:36:45 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=327#comment-5703</guid>
		<description>&quot;This backs up my theory that the value of all objects in Second Life inevitably trends towards zero&quot;

This has always been my view too.  With little or no production input costs and a limited level of inworld detail it inevitable that everything will eventually be either coppied or bettered by something much cheaper.  Clothing and furniture creators are just fooling themselves and trying to bully the market into being less responsive.  If 100 people use the same model shoe object and retexture it -  just because you made one from scratch doesn&#039;t make you a better person -  if anything it reflects badly on you because you clearly have a lot of free time.  And...  with 100 variations floating around you will eventually find  a) the best texture   and   b)  the cheapest product.  The reason you dislike these people is because through sheer numbers of creators participating in the market, products will eventually be made which are both better and cheaper than yours.  There are some products that are very professionally made and SL may suffer as a result -  but most of you creators are below mediocre and diserve to be squeezed out of the market.  You tend to be petty, talentless and greedy.  Grow up.
</description>
		<content:encoded><![CDATA[<p>&#8220;This backs up my theory that the value of all objects in Second Life inevitably trends towards zero&#8221;</p>
<p>This has always been my view too.  With little or no production input costs and a limited level of inworld detail it inevitable that everything will eventually be either coppied or bettered by something much cheaper.  Clothing and furniture creators are just fooling themselves and trying to bully the market into being less responsive.  If 100 people use the same model shoe object and retexture it &#8211;  just because you made one from scratch doesn&#8217;t make you a better person &#8211;  if anything it reflects badly on you because you clearly have a lot of free time.  And&#8230;  with 100 variations floating around you will eventually find  a) the best texture   and   b)  the cheapest product.  The reason you dislike these people is because through sheer numbers of creators participating in the market, products will eventually be made which are both better and cheaper than yours.  There are some products that are very professionally made and SL may suffer as a result &#8211;  but most of you creators are below mediocre and diserve to be squeezed out of the market.  You tend to be petty, talentless and greedy.  Grow up.</p>
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		<title>By: Kristoffer Juneau</title>
		<link>http://alphavilleherald.com/2009/04/wholesale-fails-in-second-life.html/comment-page-1#comment-5702</link>
		<dc:creator>Kristoffer Juneau</dc:creator>
		<pubDate>Tue, 14 Apr 2009 11:35:23 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=327#comment-5702</guid>
		<description>There is nothing wrong with someone wanting to release an Item full perm.  I own a store where we purchase most of our sculpties through builders packs and also most of our animations.  Its something I could make on my own, but just comes down to time and money.  Cheaper for me to purchase full permission and spend my time using those sculpties or animations to build my furniture.  Most of these are being used as part of a larger build, and other times just getting a texture added in the case of a vase or something.

I assume these people have a talent with being able to make animations o sculpties, but might not be as artistically gifted or have the desire to texture it or maybe just market it for sale to the sl community.  So one of their big customers are businesses such as mine that buy these full permission with agreeing to their rules with using them.  Has this been bad for sl as a whole, hell NO.  It has giving store owners and creators better building blocks to use for their products, just look at the quality of furniture now compared to 2 years back.

What really bothers me are idiots that say to stop this just buy them and distribute them to the freebie warehouses.  Its people like you that make this a bad thing, not the original person that sold it as a builders pack.  Also, yes what you are doing is illegal if you do that.
</description>
		<content:encoded><![CDATA[<p>There is nothing wrong with someone wanting to release an Item full perm.  I own a store where we purchase most of our sculpties through builders packs and also most of our animations.  Its something I could make on my own, but just comes down to time and money.  Cheaper for me to purchase full permission and spend my time using those sculpties or animations to build my furniture.  Most of these are being used as part of a larger build, and other times just getting a texture added in the case of a vase or something.</p>
<p>I assume these people have a talent with being able to make animations o sculpties, but might not be as artistically gifted or have the desire to texture it or maybe just market it for sale to the sl community.  So one of their big customers are businesses such as mine that buy these full permission with agreeing to their rules with using them.  Has this been bad for sl as a whole, hell NO.  It has giving store owners and creators better building blocks to use for their products, just look at the quality of furniture now compared to 2 years back.</p>
<p>What really bothers me are idiots that say to stop this just buy them and distribute them to the freebie warehouses.  Its people like you that make this a bad thing, not the original person that sold it as a builders pack.  Also, yes what you are doing is illegal if you do that.</p>
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	<item>
		<title>By: WikiWiki</title>
		<link>http://alphavilleherald.com/2009/04/wholesale-fails-in-second-life.html/comment-page-1#comment-5701</link>
		<dc:creator>WikiWiki</dc:creator>
		<pubDate>Sun, 12 Apr 2009 04:35:50 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=327#comment-5701</guid>
		<description>&quot;Copyright is automatic, at the time of creation.&quot;

Yes and no. It differs per country.

In the UK and Netherlands for example that goes, but in the US the &#039;poor mans copyright&#039; (e.g. mailing the work to yourself and keeping it in a sealed envelope: thus giving you proof of the date of creation by the mailstamp) was only valid untill 1978. Also, a work must meet minimal standards of originality in order to qualify for copyright.

In SL the creation date is very easily proven, however you have to keep the original object (or texture etc) as any copy you will make will take on the creation date of the copy. (careful when building, in SL, the object you drag away when copying, is the original and not the copy!)

Minimal standards of originality, is where the problem in SL would arise. I have seen very little real originality in SL, and especially when it comes to clothing. Something like a general shoe shape wouldnt really be enough for a copyright, so I think you&#039;re on the safe side when it comes to giving these shoeshapes to a freebie reseller.

After all, they are (from what I gather from the article) full perms and meant for resale.

It&#039;s best tho to go with what the LL TOS has to say. RL laws apply in RL court when it comes to that, but lawyers cost money and I personally woulndt go trough the trouble of getting in trouble with the Lindens on my main account.
</description>
		<content:encoded><![CDATA[<p>&#8220;Copyright is automatic, at the time of creation.&#8221;</p>
<p>Yes and no. It differs per country.</p>
<p>In the UK and Netherlands for example that goes, but in the US the &#8216;poor mans copyright&#8217; (e.g. mailing the work to yourself and keeping it in a sealed envelope: thus giving you proof of the date of creation by the mailstamp) was only valid untill 1978. Also, a work must meet minimal standards of originality in order to qualify for copyright.</p>
<p>In SL the creation date is very easily proven, however you have to keep the original object (or texture etc) as any copy you will make will take on the creation date of the copy. (careful when building, in SL, the object you drag away when copying, is the original and not the copy!)</p>
<p>Minimal standards of originality, is where the problem in SL would arise. I have seen very little real originality in SL, and especially when it comes to clothing. Something like a general shoe shape wouldnt really be enough for a copyright, so I think you&#8217;re on the safe side when it comes to giving these shoeshapes to a freebie reseller.</p>
<p>After all, they are (from what I gather from the article) full perms and meant for resale.</p>
<p>It&#8217;s best tho to go with what the LL TOS has to say. RL laws apply in RL court when it comes to that, but lawyers cost money and I personally woulndt go trough the trouble of getting in trouble with the Lindens on my main account.</p>
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		<title>By: Darien Caldwell</title>
		<link>http://alphavilleherald.com/2009/04/wholesale-fails-in-second-life.html/comment-page-1#comment-5700</link>
		<dc:creator>Darien Caldwell</dc:creator>
		<pubDate>Sat, 11 Apr 2009 20:19:29 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=327#comment-5700</guid>
		<description>To the guy who said most stuff in SL isn&#039;t copyrighted, sad to say you&#039;re so wrong. Copyright is automatic, at the time of creation. Even in SL. :)
</description>
		<content:encoded><![CDATA[<p>To the guy who said most stuff in SL isn&#8217;t copyrighted, sad to say you&#8217;re so wrong. Copyright is automatic, at the time of creation. Even in SL. <img src='http://alphavilleherald.com/site/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
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		<title>By: Johnny S</title>
		<link>http://alphavilleherald.com/2009/04/wholesale-fails-in-second-life.html/comment-page-1#comment-5699</link>
		<dc:creator>Johnny S</dc:creator>
		<pubDate>Sat, 11 Apr 2009 17:40:22 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=327#comment-5699</guid>
		<description>This backs up my theory that the value of all objects in Second Life inevitably trends towards zero.
</description>
		<content:encoded><![CDATA[<p>This backs up my theory that the value of all objects in Second Life inevitably trends towards zero.</p>
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		<title>By: janeforyou Barbara</title>
		<link>http://alphavilleherald.com/2009/04/wholesale-fails-in-second-life.html/comment-page-1#comment-5698</link>
		<dc:creator>janeforyou Barbara</dc:creator>
		<pubDate>Sat, 11 Apr 2009 11:08:11 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=327#comment-5698</guid>
		<description>DMCA takes care of this, easy and simple


To File a Notification
A written notification must be made. This can be done either by fax or written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. The notification must:

Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own).
Identify the in-world item that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item in-world. For example &quot;The allegedly infringing work I am referring to is located on the map area labeled &#039;Freelon, 104,30,56&#039;.&quot;
Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.
(Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to &quot;prove&quot; substantive claims.)
Include the following statement: &quot;I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law.&quot;
Include the following statement: &quot;I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.&quot;
Sign the paper
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that an in-world item is infringing your copyrights. We recommend contacting an attorney if you are unsure whether an in-world object is protected by copyright laws.

Send the written document to the designated Copyright Agent at Linden Research:

Linden Research, Inc.
Attn: Designated Copyright Agent
945 Battery Street
San Francisco, CA 94111


Alternatively, fax the document to (415)520-9660. On the cover sheet, please write ATTN: DMCA NOTIFICATION


</description>
		<content:encoded><![CDATA[<p>DMCA takes care of this, easy and simple</p>
<p>To File a Notification<br />
A written notification must be made. This can be done either by fax or written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. The notification must:</p>
<p>Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own).<br />
Identify the in-world item that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item in-world. For example &#8220;The allegedly infringing work I am referring to is located on the map area labeled &#8216;Freelon, 104,30,56&#8242;.&#8221;<br />
Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.<br />
(Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to &#8220;prove&#8221; substantive claims.)<br />
Include the following statement: &#8220;I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law.&#8221;<br />
Include the following statement: &#8220;I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.&#8221;<br />
Sign the paper<br />
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that an in-world item is infringing your copyrights. We recommend contacting an attorney if you are unsure whether an in-world object is protected by copyright laws.</p>
<p>Send the written document to the designated Copyright Agent at Linden Research:</p>
<p>Linden Research, Inc.<br />
Attn: Designated Copyright Agent<br />
945 Battery Street<br />
San Francisco, CA 94111</p>
<p>Alternatively, fax the document to (415)520-9660. On the cover sheet, please write ATTN: DMCA NOTIFICATION</p>
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	<item>
		<title>By: Deimos</title>
		<link>http://alphavilleherald.com/2009/04/wholesale-fails-in-second-life.html/comment-page-1#comment-5697</link>
		<dc:creator>Deimos</dc:creator>
		<pubDate>Sat, 11 Apr 2009 04:59:14 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=327#comment-5697</guid>
		<description>What law? Most of the stuff everyone makes in SL is not copyrighted. Also, just resell it at 1 Linden Dollar, viola, it&#039;s no longer free and you&#039;re not breaking any &#039;law&#039;.
</description>
		<content:encoded><![CDATA[<p>What law? Most of the stuff everyone makes in SL is not copyrighted. Also, just resell it at 1 Linden Dollar, viola, it&#8217;s no longer free and you&#8217;re not breaking any &#8216;law&#8217;.</p>
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		<title>By: Alyx Stoklitsky</title>
		<link>http://alphavilleherald.com/2009/04/wholesale-fails-in-second-life.html/comment-page-1#comment-5696</link>
		<dc:creator>Alyx Stoklitsky</dc:creator>
		<pubDate>Sat, 11 Apr 2009 02:01:53 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=327#comment-5696</guid>
		<description>Where did I say it was ok to distribute when the license forbids it?  All I presented was one possible course of action, not necessarily the legal one.
</description>
		<content:encoded><![CDATA[<p>Where did I say it was ok to distribute when the license forbids it?  All I presented was one possible course of action, not necessarily the legal one.</p>
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