LL Slaps XStreet Competition With Selective Copyright Enforcement?

by Alphaville Herald on 09/11/09 at 7:56 am

Lindens can't tell the difference between Gorean slave silks and CONVERSE shoes

by Coke Supply

Rahana_White_t 

Lindens see CONVERSE shoes here – do you?

As we all know, Linden Lab has introduced new rules on their XStreet site that state that copyright-infringing items will be removed under new guidelines. I was recently contacted by Constanza Amsterdam, one of the residents behind the slapt.me merchant website – a competitor to the Linden's own XStreet marketplace. Ms. Amsterdam was dismayed to find that the Lindens had removed of two of her items from XStreet, claiming an alleged case of copyright infringement.

The interesting part is that the items do not infringe upon anyone's copyright whatsoever.

The email alleges that the two products in question infringe upon the "CONVERSE" trademark (Converse is a trademark for trainers and shoes). The email also alleges that Constanza is guilty of "keyword spam".

We are still looking for the CONVERSE shoes in the Rilana and Rahana White slave silks:

Rilana_White_2

Funny looking shoes.

I spoke to Constanza a week ago regarding this rather odd behaviour by Linden Lab.

Constanza Amsterdam: Yesterday i got an email from LL telling me they removed listings from me on Xstreet due to Keyword spamming and intellectual property for the brand "CONVERSE"
Constanza Amsterdam: I had no idea which items they removed – I filed a ticket to ask, and to point out to them that i don't use keyword spamming or even sell any sneakers
Constanza Amsterdam: Today i was changing my slurls on Xstreet and found out that the items removed are 2 silks of mine. Both my own creations and made in November 2008
Constanza Amsterdam: The silks are named: Rahana White and Rilana White ( silver and gold)
Constanza Amsterdam: these are the 2 sales images
Constanza Amsterdam: and this was the item description
Constanza Amsterdam: and for the record… CONVERSE is a brand for all stars sneakers
Constanza Amsterdam: but this is something totally different
Constanza Amsterdam: They completly removed my 2 items from Xstreet
Constanza Amsterdam: my silks ( or any other of my products) have nothing to do with the Converse trademark and neithter do they have this name in their descriptions
Constanza Amsterdam: So i am waiting for their reply
Constanza Amsterdam: and an appology
Constanza Amsterdam: I will keep you posted on the ticket result etc
Constanza Amsterdam: so i wont get an answer until monday

Here is the text for the items that were removed:

Rahana Silks is a complete set of silks; skirt, belt, bra, HUD and armbands.

* Comes with HUD
* Add upto 11 dances in the HUD
* Clothes back on with 1 click on the HUD
* No need to search through your inventory
* See your clothes drop on the floor with an animation
* Allow or disallow ripping clothes off
* Turn on or off option
* Has particles and emote chat
* Blacklist
* Update Centre

White silk

pure, not necessarily a virgin, often a new slave who is still in training will wear white
Reserved for the slave's owner sole use. These slaves are generally permitted to serve drinks and food. They are allowed to converse with any Free Person, but from their knees. No laps and alcoves (Sexual use), are permitted to them. Any Free Person insulted, may embarass, confine or display the slave, but may not strike, punish or abuse the slave in any way, nor permit another to do so. It is the owner's right to punish the slaves for their actions and behavior.

Remember: A collared slave is someone elses property. Keep your hands to yourself. No Free Person with Honor would cross the restrictions of the White Silks.

Of course, it is true that the word "converse" does appear in the product description "They are allowed to converse with any Free Person, but from their knees", but how this could be confused with something like CONVERSE Chuck Taylor shoes is hard to fathom.

Even harder to understand is how actual CONVERSE shoes pass muster on XStreet – along with another gorean roleplay accessory that uses the word "converse":

Converse on xstreet 

Why isn't the lab cracking down on these products?

Last Monday evening, the Lindens responded with an email to Constanza that appears to indicate that they are UPHOLDING their decision.

Let's hope the Lab doesn't destroy SL's housing market next – last time I looked, there were a lot of "windows" being used.

33 Responses to “LL Slaps XStreet Competition With Selective Copyright Enforcement?”

  1. MattyK Snowpaw

    Nov 9th, 2009

    Go Copyright Enforcement, oncemore screwing up the virtual economy with Bullshit.
    I’ve yet to see them brand a single letter as “Trademarked”, but when they do, god are Content Creators gonna howl.

  2. JustMe

    Nov 9th, 2009

    Gee, do you think it has anything to do with the fact that she’s involved with Slapt.me ? Nahhhh, couldn’t be !

    I was really hoping that slapt.me would take off as an Xstreet competitor but that doesn’t seem to be happenning. I have over 40 items listed there, all of which are on Xstreet as well. They sell on Xstreet and I make an average of 2000L per day, but my Slapt.me listings haven’t sold a single item, even tho I’ve had them up since Slapt.me started up.

    Slapt has been running for 3 months or so now, and they have just over 800 total people signed up and just under 7000 items for sale …. not too good, considering that probably 100 to 150 of the people signed up are probably content creators, not buyers. I wish them the best of luck in their venture, but I’m guessing they won’t be around much longer

  3. Darien Caldwell

    Nov 9th, 2009

    This doesn’t surprise me much. LL is taking the paranoid approach, and i guess the word converse is now verboten in any listing. I suspect people should also refrain from telling people to ‘just do it’ and never accuse anyone of being a ‘playboy’. Don’t forget, if you have a rule of conduct you live by, don’t call it a ‘maxim’.

    I just feel sorry for people named ‘Stanley’, they are now doomed.

  4. Ari Blackthorne

    Nov 9th, 2009

    Funny, but actually “Windows” is not and never will be a registered trademark. I remember the big news story way back when (prefer not to date myself) where Microsoft’s application to trademark “Windows” was shot-down by a judge.

    Howver “Microsoft Windows” (both words) is.

    As for this fun-stuff it’s likely a matter of someone (porbably a competitor) filing an AR (XSL has an “abuse report” process also) – and thus this issue. But on the otherhand a friend of mine is has an in-world book distributed by a unscrupulous previous partner – her name on every single page and even the front cover (as “Copyright 2006 by firstname lastname”) and Linden lab refuses to pull it off XSL without a full-blown DMCA filing.

    Figures, huh?

  5. Mimika Oh

    Nov 9th, 2009

    Can we get a list of words that we’re not allowed to use in XStreetSL listings, or will they just bomb us at random?

  6. Mimika Oh

    Nov 9th, 2009

    My thread https://blogs.secondlife.com/message/32802 asking the Lindens to list the words we’re not allowed to use was blocked within an hour.

  7. Judge Joker

    Nov 9th, 2009

    The more company’s register trade marks and are complete retards about it, the more basic English language will break down.

    Want to say a normal word in a conversation, that will be $10 please for use of trademark “word”.

    Get fucking real LL, and if there that bothered then use automatic script to change trade marked/brand words like forums can ban words before they even display.

    The problem with LL is that all that’s left with power are the retarded Lindens, and the ones who are actually some what good have fuck all voice or will to stand up for fear of loosing there job.

  8. Judge Joker

    Nov 9th, 2009

    Just want to add this is all because of that retard who thought it would be a good idea to sue LL for copyright infringement/trademark because his business was falling on its ass.

    Policy’s like this only happen when company’s don’t want to be sue by little retards with big sex beds and little fake sculpt penis.

    THANK YOU STOKER, ONLY SOMEONE LIKE YOU COULD START THE BALL ROLLING TO RUIN OTHER CONTENT CREATORS BY POKING THE SLEEPING BEAR.

    Now LL is wound up tight.

  9. Sai Laval

    Nov 9th, 2009

    Hey Judge Joker, speaking of the English language breaking down, why don’t you take a look at http://apostrophe.me/?

  10. Saikiki Moriguchi

    Nov 9th, 2009

    this is was a personal attack…after seeing the thread on SL blogs was blocked as i was trying to coment i knew something was up…what were the ppl at LL thinking this does not look good…if this goes main stream LL and SL will look like a joke

  11. Saikiki Moriguchi

    Nov 9th, 2009

    omg i just posted a new thread about this i didn’t use any names or website names other than LL or xstreet.. its already be taken down https://blogs.secondlife.com/thread/4487
    this might be big…we should not let this be taken lightly

  12. Saikiki Moriguchi

    Nov 9th, 2009

    great article btw… ty for getting this out in the open

  13. Miss Petunia Amaryllis Courtney Taliaferro, Metaplace League of Decency.

    Nov 9th, 2009

    Ms. Moriguchi noted that “if this goes main stream LL and SL will look like a joke”

    Pray, do you suppose they are NOT ALREADY a joke? Heavens! Any firm with a “Love Machine” on the premises is a de facto joke.

    And to the brilliant Sai, I am pleased with your discerning eye regarding the apostrophe. Misuse of that little mark should be a capital crime.

    Judge Joker, the Punctuation Police are hot on your grubby heels!

  14. Eva Ryan

    Nov 9th, 2009

    I say sue the shit out of them.

  15. Orion Shamroy

    Nov 9th, 2009

    Okay, that item description makes my skin crawl. But I digress, add in converse next to “ass” on Der Furher’s – aghm, Linden’s list of undesirable words. Oops, looks like its off to Zindra with you!

  16. Saikiki Moriguchi

    Nov 9th, 2009

    i was able to post another thread…its up for now https://blogs.secondlife.com/thread/4490

    this could be a related http://www.slapt.me/phpBB3/viewtopic.php?f=2&t=1161

  17. Dark Langdon

    Nov 10th, 2009

    I wonder if i stated advertising Slapt.me on my land how long til it got taken down ? LOL

  18. All Seeeing Eye

    Nov 10th, 2009

    Torely is glaring at you disapprovingly because of this article. Aren’t you scared? Over on the flog he came out of his nice guy shell and admonished people for discussing this.

    In the meantime slapt is under DOS attack. I wonder if the attacker is tracing back to LL’s offices.

  19. Radical Commie Worker

    Nov 10th, 2009

    Say, we argue about this and while LL’s goonsquad tactics are not a trivial issue, ask who puts together real-life Converse All-Stars?

    Great irony here!

    No slaves or forced labor; your Chuck Taylors are made at a union shop in Jakarta:

    http://www.nosweatapparel.com/sources/PT-Sepatu-Bata.htm

    Maybe they should get after slapt.com for using “converse” and “slave” in the same ad….wait, maybe Linden Lab should make the U.N. rename Linden trees…

  20. Lord Sullivan

    Nov 10th, 2009

    @Justme

    We are working hard to get the people to the site and create the awarness in world, but even xstreet took time to build to what it was before LL took it over ;) What we need is the support like yourself of other merchants and buyers listing their items on the site that way more will join as the items listed grows :)

    As far as not being here for much longer I will just correct you on this point to say that when we started slapt, none of us thought for one moment that it would be instant profit and with that in mind I have ensured for the short term 5 year plan there is the finance to run the servers (and I say servers as I am sure at some point our main server will fill and we own that one) without taking a single Linden from the slapt money. Also I have budgeted 5 years funding for our slapt sim at Bastet in SL.

    Finance isnt an issue so slapt.me is not driven by having to make a profit and I will revisit the goals often and ensure adequate funding at all times. I am fortunate and have a well paid Job as a European manager with a company experiencing growth at the moment so fairly safe and I am happy to finance slapt.me out of my own pocket for as long as is needed as SL needs an good independant e-commerce site for the merchants.

    Hopefully as people see us grow they will join us as its another avenue to showcase your goods and as has been seen on our forums people are starting to make sales, in time we aim to make slapt a serious competitor for xstreet and have planned some high profile in world activities over 2010 so expect to see things take off :)

    Thanks for your support anyway as it is appreciated as it is of any merchant :)

    LS

  21. Mary Elizabeth

    Nov 10th, 2009

    The seller should use this opportunity to rework those silks. They’re seriously crappy. The metal or jewelry pieces look really amateurish.

  22. Mimika Oh

    Nov 10th, 2009

    So, my thread was not deleted, but moved to the secret “Merchants Round Table” forum. You can gain access to this forum by submitting a support ticket. This link should do it https://support.secondlife.com/ics/support/ticketnewclassic.asp choose “XStreetSL Shopping” and “Merchants Roundtable access request” and “Yes, and I have further questions” and ask politely. I don’t know how they judge who can access it.

    So far there are no useful responses from LL.

  23. Aegelric

    Nov 11th, 2009

    Just to let all of you know…this is a case of TRADEMARK infringement. COPYRIGHT and TRADEMARK are different. They protect different things, go through different channels and are, legally speaking, distinct. Stop calling it the wrong thing..you’re embarrassing yourselves. Secondly, the mark “converse” is likely an arbitrary, possibly suggestive use for a product name. Meaning the plain dictionary use of the word is not restricted in any way. If it actually did refer to converse sneakers, it would be infringement, unless of course it employed the fair use doctrine.

  24. Dirk Talamasca

    Nov 12th, 2009

    This is absolutely goddamned ridiculous. Get your heads out of your asses and hire some people to run XStreet that understand language usage outside of a fucking spell checker.

    If a designer wanted to create Shakespearean outfits of say Mercutio, Tybalt, Hamlet or Duncan, will they get their asses skewered because Duncan is the name of a company that makes Yo-Yos? Checkers is the name of a grimy lil hamburger franchise. Rip all of the scripted checkers games off the fucking site while you’re at it.. oh, and Chess is a record company so wipe the goddamned chess sets off XStreet too! There are LOTS more words with which XStreet can exhibit their uncanny knack for stupidity. The fact that they had a chance to review this incident and still fucking blew it absolutely disgusts me.

  25. Melissa Yeuxdoux

    Nov 13th, 2009

    I take it statues of the Greek goddess Nike are right out, too, or logic games that mention teaching about the differences between a proposition and its converse and contrapositive. (The island where I rent my residence has some items around it that simulate the tide–oops, what will Proctor and Gamble say?)

    I’m reminded of a message board that had a really basic profanity filter; you couldn’t talk about Hellenistic culture or Matsushita monitors. It got to be a joke, and LL runs that risk if they keep this up.

  26. Anonymous

    Nov 13th, 2009

    @Melissa – Try sending an email to anyone at the Aimco Corporation (3rd largest apartment management company in the US). If their email system picks up any combination of a word that matches something profane (ie MatsuSHITa) it’ll kick it right back to you stating that such profanity is not allowed to pass through their network.

    Welcome to the age of utter stupidity. :/

  27. Mimika Oh

    Nov 13th, 2009

    Constanza’s items were reinstated with an apology from LL. See http://www.slapt.me/phpBB3/viewtopic.php?p=8806#p8806

  28. excustomer

    Nov 13th, 2009

    I know for a fact that Slapt’s server where not DDoSed it was due to the scripting (or the lack of it) that caused the error. in my mind i belive cloud computers would of worked better on the scaling of this project. the developers are blind when it comes to key development platforms. i understand others want to make slapt work but its had too much down time and too much bad publisity to the point where i for one will not be posting my items up. its aimed at the adult porn market rather than a normal marketplace such as metaLIFE or Apez.

  29. Dirk Talamasca

    Nov 14th, 2009

    A featured item on XStreet’s main page today. https://xstreetsl.com/modules.php?name=Marketplace&file=item&ItemID=1883935

  30. Lord Sullivan

    Nov 15th, 2009

    @ excustomer

    Good to know that you have read our server logs and deduced that we did not have a DDoS attack, hell you are better than our own hosting company engineers who were present at the time and blocked the IP the attack was coming from, ah well they must have been mistaken if an anonymous person on the internet knows better than them ;)

    As far as down time, well since we started, this was the first down time we have had and yes we found a problem with the slapt boxes trying to all reconnect after the attack at the same time, but this has been fixed and an update issued, but I assume you would have known this as its all on our forums in public view as I like honesty and transparency beats anonymous postings any day of the week ;) Slapt has growing pains but hey xstreet wasn’t finely tuned the day or even 6 months after it started and as slapt is written from the first line of code as a bespoke system and doesn’t use Joomla, phpBB etc. as a sales platform, unlike other sites then sure there will be teething troubles, but then everyone is aware of them on slapt, its a community thing and people are fed up with lies and BS and those that think they know better all the time ;)

    As far as bad publicity, well please tell me where you have seen that and I will be the first to answer the questions posed, feel free to email me anytime iain AT slapt DOT me that is if you have the balls to put your money where your mouth is ;)

    As far as the adult porn market roflmao, have you seen the site? there is more normal stuff than porn stuff and its the same stuff you see on xstreet, just that we feel as SL is an 18+ platform our merchants and customers, as they are adults don’t need us to tell them what words to use and not use, and the stuff listed on our site is the same as on xstreet, people just don’t need to list it as adult, thats why we have a warning page actually similar to xstreet ;)

    People are free to list or not on our site, we do not mind we just offer an alternative that is growing daily and we are not like Meta-life or Apez more like xstreet ;)

    Thanks for your comments just a shame that you can’t be open and post with your real details, well at least your SL name go on I dare you to :)

    LS

  31. Prof. Archie Lukas

    Nov 16th, 2009

    mmmmmmmmmmm

    sounds like too much self-abuse has turned the Lindens blind

    so it is true then

  32. Whimsy Thirdborn

    Nov 16th, 2009

    Can I put in a word of comfort? Not that it will make anybody happier, but at least maybe ease your fears of having other words banned. After reading the ad discription, and thinking of the claim “keyword spamming”, I bet that someone was using the search to find Converse sneaks, that ad popped up, and they were offended by the sexual nature of it. Some people just don’t want to see it. Yes, its up to them to protect their eyes & sensibilities, lol. But if they reported it, LL got worried & pulled it to prevent more people stumbling upon it. I see plenty of things in search that I’m not interested in, but I just ignore it & move on.
    BTW, how can I find the alternate market, I’m new & just lurve shopping?
    Whimsy

  33. HadNoIdea

    Nov 17th, 2009

    There’s an alternative to the X-site? I’ll be signing up tonight after work and I’ll be bringing one or two others with me. We sell stuff on XStreet but mostly we shop there. If the quality designers are at Slapt.me we’ll stop shopping on the other site (for the most part.)

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