False DMCAs Fizzle – Kalel Venkman Fingered !!!

by Alphaville Herald on 27/02/10 at 4:55 pm

Typepad ‘fesses up – some DMCA-disputed images, text have gone missing

by Pixeleen Mistral, National Affairs desk

Gregory Eugene Turnbow (Kalel Venkman in Second Life) has been identified as the complainant who submitted a DMCA request to Typepad that resulted in removal of content from six Herald stories covering the Second Life Justice League Unlimited.

Mr. Turnbow’s copyright infringement claim was disputed by the Herald on the grounds that the materials were a clear case of fair use for journalism.

After Turnbow failed to file a copyright infringement claim in court within 14 days of the Herald’s counter filing, Typepad staff restored parts of the disputed content. However, in correspondence with the Herald, Typepad revealed that they were unable to restore portions of the content which they had removed – all images were missing from their server, as were sections of the disputed text. The Herald staff has restored this content from our backup copies.


Jen, Feb 26 05:00 pm (PST):

Dear Mr. McCahill-

The complainant who submitted the DMCA request is:

Gregory Eugene Turnbow
[address elided]
Simi Valley, CA 93065
gene@kryptonians.net

We have restored the available textual content to the posts but the full chat transcripts and data table were not available, and we are were not able to restore the unavailable content.

Sincerely,
Jen
TypePad One
Six Apart Ltd



Mark McCahill, Feb 26 04:48 pm (PST):

Jen,

It is very disappointing that the image files have been deleted. Please let me know when you have completed restoring the disputed text content.

I have repeatedly asked you to identify of the person(s) who filed the copyright infringement claim that led you to take down materials from my site. You are obliged to provide my with this information now.

It is illegal under Title 17, United States Code Section 512(f) to knowingly send faulty DMCA notices.

Who sent the notice that led to the take down of materials from my site?

Mark McCahill


Jen, Feb 26 03:55 pm (PST):

Dear Mr. McCahill-

We are restoring the textual content to your blog but that the image files were deleted from our servers and, as a result, we are unable to restore them.

Sincerely,
Jen
TypePad One
Six Apart Ltd



Mark McCahill, Feb 26 05:13 pm (PST):

Jen,

Thank you for providing the complainant’s identity.

In my counterclaim, I listed the materials that were removed in error. Could you refer to that counterclaim and tell me what you were able to  restore?

Mark McCahill



Jen, Feb 26 05:24 pm (PST):

Dear Mark-

For the post here:

The chat transcript:

- Show quoted text -

[18:49] Heinrich Arun: There is a Jewcamp
[18:49] Heinrich Arun: on Sl
[18:49] Gaara Sandalwood: Oh gawd seriously?
[18:49] Heinrich Arun: Zeide Camp
[18:49] Heinrich Arun: Yes
[18:49] KFCMan Nexen: so where are we trollin
[18:49] Gaara Sandalwood: Okay screw these fail plans KFC’s been doign I’m
checkign that out
[18:54] Leebra Mai: backup
[18:59] Gaara Sandalwood: JLU faggot right here
[18:59] Gaara Sandalwood: In the zeide kamp sim
[18:59] Heinrich Arun: Oh man
[19:00] Heinrich Arun: On mein way
[19:00] Gaara Sandalwood: WHOOOO
[19:01] Heinrich Arun: Hey, shit getting hot down here
[19:01] Heinrich Arun: Requesting /b/ack up
[19:02] Gaara Sandalwood: Two JLU here
[19:02] Gaara Sandalwood: Everyone fail plannign gtf here
[19:02] Atheron Alter: Where are the JLU?
[19:03] Heinrich Arun: Zeide Kamp
[19:03] Heinrich Arun: Jew town
[19:08] Leebra Mai: and being drunk
[19:08] Lyra Gravois: I JUST ADDED
[19:08] Leebra Mai: please join us at WU
[19:08] Lyra Gravois: COBY TO THE EQUATION
[19:08] Lyra Gravois: lololol
[19:08] Leebra Mai: oh shit

was restored to the comment posted by: Thanks JLU Wiki on January 11, 2010 at 07:33 PM.

For the post here:

The excerpt of the chat transcript:

Meeting of October 07, 2007 morning

[9:40] Plexus Linden: Ok…just for clarifications sake
[9:41] Kalel Venkman: Yes?"

[10:03] Kalel Venkman: [20:25] Barbara Onomatopoeia: may i share that with kalel venkman and other members of the group?
[10:03] Kalel Venkman: [20:25] Plexus Linden: Certainly ;-)

was restored to the end of the post.

For the post here:

The excerpt of the text and chat transcript:

Not the leader of the Linden Labs Governance and Response Team, but
certainly one of its more influential members. Of the G-Team, Plexus is
the most conversational and responsive, and is currently listed in the
Brainiac database as an external operative. This gives him access to our
communications system, and the ability to wear and use the avatar key
logger in the commlink (which he uses in full knowledge of what it does)
and the ability to use the Brainiac Mini terminal he now wears on his
right shoulder.

[9:24] Samantha Lowell: I suggest, for the time being, we keep a very low profile in the field

was restored to the end of the post.

For the post here:

the original letter with the takedown notice was re-added to the post.

Sincerely,
Jen
TypePad One
Six Apart Ltd


69 Responses to “False DMCAs Fizzle – Kalel Venkman Fingered !!!”

  1. Tuomy Boa

    Feb 27th, 2010

    FOR THE GREAT JUSTICE!

  2. coco

    Feb 27th, 2010

    Simi Valley?;)
    IS he and Ex Cop?

  3. Kiddoh

    Feb 27th, 2010

    Haha! You did good, Pix! :D

  4. Bubblesort Triskaidekaphobia

    Feb 27th, 2010

    EPIC WIN!!!

    I hope Pixie keeps it up and takes Mr. Turnbow to court for his DMCA abuse.

  5. Urizenus Sklar

    Feb 27th, 2010

    Congrats pix. What are the options for pursuing punitive legal action against Mr. Turnbow? I’d say its time to wake up the Herald in house lawyer, Dr. Gonzo, and tell him to get to work.

  6. Gaara Sandalwood

    Feb 27th, 2010

    And so it continues………hehehehehehehe

  7. Jumpman Lane

    Feb 27th, 2010

    what’s gonna happen next!

  8. Meif Ling

    Feb 27th, 2010

    GREAT VICTORY.

    Also, hay Eugene >:3

  9. All Seeing Eye

    Feb 27th, 2010

    glad that email address doesn’t belong to me lmao.

    Oh snap that is the guy with the learntheinternet.com domain lmao.

  10. GreenLantern Excelsior

    Feb 27th, 2010

    Interesting. Was Prok’s blog restored too?

  11. Deadlycodec

    Feb 27th, 2010

    Like to see you JLU folks laugh now. What? No laughs? Why so serious?

  12. Antonius Misfit

    Feb 27th, 2010

    @GreenLantern Excelsior: That’s a separate case that would require Prok to file her own counter-claim and go through the same process. If Prok did not file a counter-claim with Typepad, then the disputed content would remain removed permanently without further legal action.

  13. sweet

    Feb 28th, 2010

    Gregory Eugene Turnbow, aka Gene Turnbow. WAY TO GO HERALD. You have stuck a blow for TRUTH, JUSTICE and the AMERICAN WAY. I would like to nominate you for SL E-ZINE OF THE YEAR. I feel a LOT better now knowing that his DMCA’s were BOGUS and if I ever catch that little so-and-so messing about in my computer again and calling my DSL again with BOGUS CRAP there will be hell to pay. That is why I think you must take this further and file for harassment by bogus DMCA. To set prescident. To get it on the record. Sweet.

  14. Alyx Stoklitsky

    Feb 28th, 2010

    And so did Kalel’s balls shrivel.

    Congratulations, superman. You’ve just made a total fool of yourself and brought more attention to the corruption of the JLU and certain individuals at LL than there would ever have been if you had just ignored the leak.

  15. Senban Babii

    Feb 28th, 2010

    And that’s what we call BOOM HEADSHOT! 8D

    There’ll be tears at the Batcave :’(

    All of which clears the way nicely for what comes next ;)

  16. Tux Winkler

    Feb 28th, 2010

    Of course, I didn’t expect Gene (as he refers to himself) to respond. Now what has surprised me is GLE’s normally award winning lengthy posts has been reduced to six words.

    @GLE: What is interesting?

    It was the obvious outcome. Kalel really had no ground to stand on. You know, Kalel could do the right thing and make the wiki public himself, then the JLU’s actions cannot be called secretive. How about it?

    I am guessing now Kalel is a little paranoid. Wondering if anyone else is an infiltrator ready to rip a new version of the wiki. Who is there that can be trusted? And why didn’t the rings of power work on the RL websites – XD. Ok, I can’t help it, it is to funny not to make fun of this whole thing.

    BTW the wiki still tranfers over 2Gb each day – XD.

    Well done to Pix, although I would be furious about my content being removed and deleted. Congrats.

  17. Sigmund Leominster

    Feb 28th, 2010

    The vapid inconsequential trivia I provide as copy for the Herald doesn’t change anything. Pix’s stand on fighting against the use of DCMA as a tool for censorship does. Kudos on some REAL journalism in support of the oft-ignored First Amendment; a single sentence written over 200 years ago but as valid today as it was then. In the UK, writer Simon Singh is currently fighting a case against a group who are using the UK’s libel laws to have his critical articles banned (http://www.guardian.co.uk/science/2010/feb/25/simon-singh-silencing-scientists-libel-law). DCMA and libel laws are the new enemies of freedom of speech and it’s important to take sides. While folks seem happy to pay lip service to supporting Google against China’s “Great Firewall,” they fail to notice how the so-called “Western Democracies” can easily slip into similar behavior – check out how Italy’s Silvio Berlusconi (http://www.time.com/time/world/article/0,8599,1955569,00.html)is using his power as Prime Minister and Media Mogul to try to ban YouTube because folks are posting things critical of his government.

    You don’t lose freedom in one fell swoop but slice by slice from the salami of suppression. On this one, Pix did good.

  18. Cab Calloway

    Feb 28th, 2010

    HAHAHA! He filed a DCMA, and you lost your stuff. You got his info because it’s legally required by the DMCA process that you have it. He got yours the same way, he must have. And you got the material restored because you filed a counter-claim. All exactly legal.

    Nobody’s actually proved a damn thing one way or the other.

  19. corona anatine

    Feb 28th, 2010

    TRUTH, JUSTICE and the AMERICAN WAY

    ‘And’ ?

    suggests that the ‘American Way’ is something different from truth and justice

    just a thought!

  20. corona anatine

    Feb 28th, 2010

    Curious that both the links Sigmund posted appear to be broken

  21. Tux Winkler

    Feb 28th, 2010

    @corona:

    The links are not broken but require a little fixing, try these:

    http://www.guardian.co.uk/science/2010/feb/25/simon-singh-silencing-scientists-libel-law

    http://www.time.com/time/world/article/0,8599,1955569,00.html

    Should work (I hope) =)

  22. Chicken Advocate

    Feb 28th, 2010

    What the fuck are you still doing on Typepad anyways.

  23. Obvious Schism

    Mar 1st, 2010

    @ Leo

    “Western Democracies” – now there’s an oxymoron (quotation marks duly noted), some would say an obvious schism

  24. Ryokashi Revestel

    Mar 1st, 2010

    How many false DMCA reports does it take for him to actually finally get in trouble for this and for people to stop paying attention to him? The fact that he thinks he can actually control peoples freedoms says something about his mental state. He obviously has somewhat of a god complex, which would tie in with the superhero motif.

  25. Sigmund Leominster

    Mar 1st, 2010

    Thanks Tux and Senban for fixing the links. Sometimes I have trouble dealing with this “interweb” thing, which has gotten more complicated since I lost my Compuserve account and my blistering fast 9600 bps modem ;)

  26. Neo Citizen

    Mar 1st, 2010

    So far I haven’t seen any false DMCA claims or counter-claims. I also haven’t seen any evidence that Pixeleen disputed the claim on the basis of it being fair use, and the posted letter is clearly just a by-the-book copy-pasta from somebody else’s counter-claim. There’s no claim of fair use here at all, and “Pixeleen”, who as far as I can see is just a cross-dressing has-been programmer, hasn’t distinguished him-her-itself in any real way. All it proves is that he could help steal somebody’s web site. Hurray for Pixeleen.

  27. Debi Dastardly

    Mar 1st, 2010

    Ok Neo superman we know who you are take off the mask now and really you should call yourself the Joker instead.

  28. Jessica Holyoke

    Mar 1st, 2010

    @Neo,

    While the counter-claim did not allege fair use, it would be difficult to say that it was not fair use to use content from the JLU wiki, that is presumably still there, not stolen, in the manner that the Herald did. Just because it wasn’t in the counter claim, doesn’t mean it wouldn’t show up as an affirmative defense later.

    Additionally, as one of the items mentioned to be taken down, and ownership was alleged by Mr. Turnbow’s, was a chat log between residents who are presumably not Gene Turnbow and even if one of them were Gene Turnbow, that doesn’t make the entire chat was the intellectual property of Mr. Turnbow. So material was mistakenly identified as Mr. Turnbow’s intellectual property, unless he is admitting to being Gaara Sandalwood.

  29. Tux Winkler

    Mar 1st, 2010

    @Neo

    The DMCA Takedown sent to me was, at best, a copy of a standard form. It was incorrectly formatted and was aimed at the US. Here in the UK our laws and procedures are different.

    So the claim to the UK was and is judged false. Now, no further response is required on my part because my solicitor looked over the letter and nearly wet himself. No, seriously, even if it had been formatted within accordance to UK law it would have been the same result.

    This is why the wiki is still up, and will remain so. I tried not to read it, but wasn’t strong enough in the end. Now, well now I cannot wait for the update. It would seem there is a chunk missing from the version on my server. And obviously all the AR assaults trying to save face. It will be interesting to see if I got included this time. And how much of it is complete fiction.

    Oh, and having spoke at length this evening with a member of the G-Team (RESI)it would seem support for the JLU is waning. With perhaps the exception of Plexus (who I think should be on thin ice by now) the others cannot help to chuckle about it. In fact one Linden said “As long as they play within the TOS, I hope they have a blast”, hehe it would seem demotion to a role play group in the Linden core didn’t take long to permeate through the ranks.

    My views on male/female/other gender assignment can be found as the first comment here:
    http://jillurra.wordpress.com/2010/02/28/bist-du-eine-frau-oder-ein-mann/

    And finally, you accuse Pix of stealing the content? You have to be kidding right? It is irrelevant who it was. The issue is there was no hack, nor illegal action as the JLU granted access. You cannot invite someone to dinner, place food in front of them then accuse them of stealing when they eat. It is this sort of crazy thinking that started this whole episode!

  30. Nelson Jenkins

    Mar 1st, 2010

    @ Tux Winkler

    To my knowledge (which is rather dated but might still hold true), the majority of the RESI team is still laughing heartily at JLU and methodically removing JLU ARs from the queue. This was way back only a day or so after the Wiki was ripped, but obviously the laughs have only gotten louder since then.

  31. At0m0 Beerbaum

    Mar 2nd, 2010

    @ the naysayers Neo “Gene Turnbow” Citizen and cab

    stop crying because you got exposed collecting info on others, then got struck down the second you tried to abuse real laws instead of ambiguous rules made up by a company that has no interest in anyone’s rights, within a videogame.

    Sorry, your RP rules dont work in reality. the government is not linden lab.

  32. Senban Babii

    Mar 2nd, 2010

    @Neo Citizen

    “and “Pixeleen”, who as far as I can see is just a cross-dressing has-been programmer”

    Wow, my butthurt sense is tingling. Don’t be a sore loser Kalolcakes :)

  33. Haruhi Thespian

    Mar 2nd, 2010

    “So far I haven’t seen any false DMCA claims or counter-claims. I also haven’t seen any evidence that Pixeleen disputed the claim on the basis of it being fair use, and the posted letter is clearly just a by-the-book copy-pasta from somebody else’s counter-claim. There’s no claim of fair use here at all, and “Pixeleen”, who as far as I can see is just a cross-dressing has-been programmer, hasn’t distinguished him-her-itself in any real way. All it proves is that he could help steal somebody’s web site. Hurray for Pixeleen.”

    Classic example of JLU Ignorance and Self Justification. Regardless of fact, they will promote their own story.

  34. Judge Joker

    Mar 2nd, 2010

  35. Jahar Aabye

    Mar 2nd, 2010

    Neo is correct on purely technical grounds. All of the legal drama so far has concerned Typepad’s “Safe Harbor” status under the DMCA. Pix/Mark wrote several stories on this website, hosted by Typepad, that contained certain material such as pictures and chatlogs. Venkman/Turnbow then filed a complaint with Typepad under the DMCA claiming that certain material in the stories infringed upon his copyrighted material. Under the DMCA, Typepad was required to remove any potentially infringing material when such a claim is made.

    Pix/Mark filed a counterclaim, stating that the material used did not infringe upon any of Venkman/Turnbow’s copyrights for several reasons. This counterclaim, stating that Pix/Mark and the Herald had the right to publish this material, was sufficient for Typepad to restore the material while still retaining their “Safe Harbor” status as a service provider.

    Now, no court has adjudicated the question of whether the original DMCA claim was valid, or the question of whether Mr. Turnbow materially misrepresented facts or otherwise provided false information. The counterfiling was enough to satisfy Typepad’s legal responsibilities as a service provider.

    There are two results of these actions:

    1. Mr. Turnbow must directly file a claim against Mr. McCahill alleging copyright infringement if he wishes to have the material removed.

    2. Mr. McCahill, in filing the counterclaim, has essentially stated that it is himself and his publication, the Herald, who claim that they have the right to publish this information, thus placing himself in theoretic legal jeopardy, having shifted the “blame” from Typepad to himself.

    Now, my guess is that Mr. McCahill would not have filed this counterclaim if he believed that Mr. Turnbow intended to take legal action against him or his publication, and I do not believe that he would have filed this counterclaim if he did not believe that he had the right to publish this information.

    My other guess is that if Mr. Turnbow had a decent case to present, he would have filed some sort of legal action against Mr. McCahill. I have not seen any evidence to suggest that Mr. Turnbow would have much chance of even convincing an attorney to take his case, much less having the evidence necessary to convince a judge to even hear the case. I have also heard nothing to suggest that Mr. Turnbow intends to do so.

    However, proving that Mr. Turnbow illegally filed his DMCA would require either Mr. McCahill or Typepad to take legal action against Mr. Turnbow to show that he knowingly filed a false claim. That might be difficult to prove, and they could only expect to receive compensation for the losses incurred by the false DMCA complaint.

    However, Mr. Turnbow’s lack of legal action against McCahill and the Herald, in contrast to his many DMCA filings so far, strongly suggests that he does not have much of a case. Whether he knowingly filed a false DMCA is a difficult question, but it seems rather likely that the Herald did not violate any copyrights in their publication of this material. Given Mr. Turnbow’s apparent zeal in filing DMCA complaints against numerous other individuals, his lack of a legal response when challenged strongly suggests that his DMCA filings were all bluster with very little legal standing to back them up.

    Typepad, at least, is able to allow the Herald to publish this material and still maintain their “Safe Harbor” status. I do wonder whether Mr. Turnbow’s hosting service would be able to continue to host his wiki (presuming that it is still up and running) and maintain safe harbor status themselves. After all, it did appear that at least some of the information contained in that wiki may infringe the copyright of others, including Linden Lab.

  36. James Larken Smith

    Mar 2nd, 2010

    Absolutely awesome and commendable work on this story. DMCA abuse in this manner needs to not only be reported, but in my view, prosocuted, ie, financially remunerated on the part of the complainant. This is pure censorship, not unlike a cult like a money grubbing religious organization has tried to do with any use of their name. They try to get you to fear them. Way to go!

  37. Judge Joker

    Mar 2nd, 2010

    A little bit of http://bit.ly/Obvious-Bias

  38. Senban Babii

    Mar 2nd, 2010

    That old Herald article on the JLU is priceless 8D

    Especially this bit…

    “People seeking to become superheroes in the SL JLU have to show that they really are interested in comic books”

    For some reason this keeps coming to mind XD

    http://images2.wikia.nocookie.net/simpsons/images/2/21/The_collector.gif

    /me puts a towel over her shoulders for a cape and runs round the garden fighting supercrimes until bedtime

  39. Alyx Stoklitsky

    Mar 2nd, 2010

  40. GreenLantern Excelsior

    Mar 2nd, 2010

    @ Jahar Aabye

    Thank you for your reasonable analysis of the situation. The sequence of events was preordained, such that one player’s move triggered the other player’s expected counter-move.

    Kalel (white): Pawn to King Four
    Pixeleen (black): Pawn to King Four

    Ladies and gentlemen, this concludes the free portion of our game. If either of the players wishes to make another move, they will need to ante up hundreds if not thousands of dollars in legal fees. Kalel can get a restraining order forcing Six Apart to remove the material again. That’s expensive and only lasts for a short time. Pixeleen can sue Kalel for malicious use of the DMCA process or whatever. That is even more expensive with a smaller chance of success. At this point, my guess is that neither side will make another move due to the high cost and low benefit.

    “Whether he knowingly filed a false DMCA is a difficult question, but it seems rather likely that the Herald did not violate any copyrights in their publication of this material.”

    “I do wonder whether Mr. Turnbow’s hosting service would be able to continue to host his wiki (presuming that it is still up and running) and maintain safe harbor status themselves. After all, it did appear that at least some of the information contained in that wiki may infringe the copyright of others, including Linden Lab.”

    I question this type of statement, which was also made by others. It seems that people think it’s okay to post the contents of JLU’s wiki all over the Internet without worrying about copyright violations, but the same folks wanted to notify Kalel’s hosting provider that the wiki was full of copyright violations…only when posted on the JLU web server. Either it’s a violation or it isn’t, but it can’t be both.

    I stumbled across the Six Apart Terms of Use while looking for something else:

    “18.6 Copyright Abuse Policy. Six Apart will terminate, in appropriate circumstances, account holders of Six Apart’s system or network who are repeat copyright infringers.”

    As far as I know, JLU plans no further DMCA actions, but Six Apart probably has the Herald under increased scrutiny now, so it would be best not to incur any more complaints.

    I don’t know if there are any clear winners or losers here. Private information of JLU members was revealed. People JLU assisted were visited by griefers and threatened. Other private information about various SL residents, once hidden behind passwords, is now published for all to see. Kalel’s real name has been shown on Encyclopedia Dramatica for a long time, but we didn’t know for sure who Pixeleen was until now. I’m glad the whole thing is over.

    @ Senban

    “And that’s what we call BOOM HEADSHOT! 8D”

    Fun, eh? These articles on JLU (15 so far?) have created tons of excitement and activity. People do seem to enjoy talking about superheroes, don’t they? And let’s face it, isn’t this more interesting than yet another interview with a kawaii diaperfur kitsune role playing as a Vore victim and taking weekends off to become a bejeweled Gorean slave girl submitting in the nadu position to the whims of teenaged basement dwellers? I think it is.

  41. Obvious Schism

    Mar 3rd, 2010

    @GLE

    “Other private information about various SL residents, once hidden behind passwords, is now published for all to see.”

    So what gave the JLU the right to see this information and no one else?

  42. Danziel Lane

    Mar 3rd, 2010

    @GLE

    “That is even more expensive with a smaller chance of success. At this point, my guess is that neither side will make another move due to the high cost and low benefit.”

    Well, as I understand DMCA, the next step is up to Kalel. He made the first draw complaining at so many internet providers, which was a promise to fight for his copyrights. That is, why they hide some of the wiki stuff (safe harbour). With the counter claim Pix promised to answer to Kalel’s lawsuit according to law processes, and I am sure Pix would do.

    However, if Kalel will not do the next step in the process, all the articles about JLU and their wiki in the internet and maybe in other media are legal and will be spread and cited in the future.

    So, what did Kalel win? Several thousands more of interested people know him and his self justice group, are free to comment about wannabe superheroes and even quote from wiki and Herals articles, if they have a blog of their own.
    Also, we all know his RL name and address and are free to use google maps to look at his house and his neighbour’s swimming pool.
    Did he win anything positive from his actions?
    I doubt that. People on the contrary will be more and more angry about self justice groups, especially, when these groups take the biggest part of their self confidence from some kids comic books.

    “It seems that people think it’s okay to post the contents of JLU’s wiki all over the Internet without worrying about copyright violations, …”

    Well, as long as Kalel does not do the next step, finding an attorney who brings his claimes to a judge, it IS ok to post. At the moment there is no copyright on Kalel’s side. Only thing to think of: do other people have copyright on their part of the wiki entries, copyright that was infringed by Kalel first.

    “but the same folks wanted to notify Kalel’s hosting provider that the wiki was full of copyright violations…”

    Yep, it was a crime (and no DMCA thing) to collect private data on a private database and use them for harrassing prople in SL, if the information provided might have been incorrect, falsely put or just wrong because of personal likes and dislikes. To collect such data is bad behaviour at least … and this is, why in Germany the highest court disallowed German authorities to collect even normal and correct internet data of normal people. Happened just this week.

    “Either it’s a violation or it isn’t, but it can’t be both.”

    As I see it, Kalel violated, when he took texts and infos from and about others and collected that for the use of his group. That was unlawful and a copyright infringement. When media report about this, it’s definitely another situation.
    To steal a car is a crime. To write an article about the theft is not a crime.

    “As far as I know, JLU plans no further DMCA actions, but Six Apart probably has the Herald under increased scrutiny now, so it would be best not to incur any more complaints.”

    Nope, if Kalel will not do the next step at a court, Six Apart will know, that it was a false claim and have Kalel on their bad list, not Pix.

    “I don’t know if there are any clear winners or losers here.”

    The auditors are winners, cause they learnt not to trust self announced justice groups.
    The Herald wins, cause we now know, there is really professionalism and experience in their team.

    Does Kalel win anything? Some promotion, sure. But will it help him to anything?

    “Private information of JLU members was revealed.”

    That is what you get, when you claim copyrights. You will have to make evident, that it is all your work. Kalel knew very well, that each of his claims might lead to this. If you claim to be the copyright holder, you have to give your RL name.

    “Fun, eh? These articles on JLU (15 so far?) have created tons of excitement and activity. People do seem to enjoy talking about superheroes, don’t they?”

    As I see it, the fun is to read about superheroes that fail so badly to be super.

  43. Judge Joker

    Mar 3rd, 2010

    @GLE “People JLU assisted were visited by griefers and threatened.” Prove that statement.

    Prove it with more than allegedly one person visting one or more of the sim owners where you patrol, and while your at it prove they need you to “help” them and can’t deal with it themselves with the tools provided by Linden Labs in the form of the mute button and an abuse report.

    Prove Second Life residents need the tools you provide and the allegedly secure criminal “drama” database to keep them safe at night.

    And FYI

    “Other private information about various SL residents, once hidden behind passwords, is now published for all to see.”

    The term is “password” as I believe you do not have mutiple layers of passwords and you & the JLU have no right to collect that information or the abuse reports, your claim to this statement is invalid.

    If I can not campaign to have you and the JLU purged from Second Life because of constant disclosure of resident information to other group members every time you dial up your scripts, I will campaign to remove the loop hole that allows you to either collect information and or evade a ban from disclosure if the data arrives from outside Second Lifes TOS and into a script.

    “Fun, eh? These articles on JLU (15 so far?) have created tons of excitement and activity” This statement appears to be exactly that, you are a sideshow and enjoying your e-fame & living on others intellectual property and creations in order to absorb that reputation from the real world and you are not capable of being a respectable police force or helping residents in any meaningful way.

    I am happy to hear your point of view as many people seem to respect you GLE, unfortunately I am not one of them and wont be licking your ass for a bit of cross respect.

  44. a little boring

    Mar 3rd, 2010

    This whole bad-cop/good-cop thing that venkman and excelsior are playing is getting a little boring. Neither of you will ever be real policemen and by your behaviours in SL I hope some kind of prosecution does come out of this DMCA abuse just so you two lose any possible conceiled-carry permits that you may have. Keep your noses out of other peoples business.

  45. Gaara Sandalwood

    Mar 3rd, 2010

    “unless he is admitting to being Gaara Sandalwood.”

    lolz.

    No, I’m a faggot alright, but even I have standards. I’m not as low as the self-proclaimed Supah Man.

  46. Verbena Pennyfeather

    Mar 3rd, 2010

    Hey, for those saying Mr. turnbow NOW has to file in court…actually, no. read DMCA. He was supposed to courtfile during his 14 days when the counternotice was sent. Since he failed to, Sixapart and SLH have the option to take him to litigation to recover the costs of “dealing with” all this. Just, FYI.

  47. Tux Winkler

    Mar 3rd, 2010

    @GLE

    “As far as I know, JLU plans no further DMCA actions, but Six Apart probably has the Herald under increased scrutiny now, so it would be best not to incur any more complaints.”

    That sounds like a subtle hint to Neo . . I mean Kalel. Anyways, at any point should they need a UK mirror, I would provide it. And guess what, our laws are different. I think anyone in this country would fall of their chair in fits of laughter if they received this claim:

    “I am superman in a virtual would, my fellow superhero’s and I have discovered some evil wrong doer hacked our top secret database and has made it public on your network. We believe it to be the work of the sinful group ‘The Wrong Hands’ but until Batman provides some extra funding to further our investigations we cannot be sure. I order you, for your own protection, to remove this data before the underworld seizes the plans for our secret weapons and turns them to the use of evil and makes the entire human race suffer!”

  48. IntLibber Brautigan

    Mar 4th, 2010

    Whats really lulzy is that if Pix files suit in federal court against Kalel, the federal court rules of legal service for federal summons/complaints allow anybody over the age of 18 to act as process server.

    Pixeleen, we at Woodbury Legal Process, Ltd, Inc, LLC, Pty, PLC, AG, GmbH, are offering to perform this service free of charge, pro bono, omni gratis…. We already know where this miscreant lives and works (since we now have our own secret wiki containing dossiers on people we think are out to get us or otherwise enjoy themselves), and, unlike most wanna-be fake cops in Second Life vigilante groups, we are all, in fact, verified by Linden Lab as adult citizens of the US (even the one named Elvis Presley).

    We will return to you an affidavit confirming service as well as a complimentary photograph of the event. Whats great is that, in performing this act under aegis of federal law, we can wear our afrosuit and Suiseisuki outfits while doing so, and not have the cops called on us… trick or treat, Kalel…

  49. Patasha Marikh

    Mar 4th, 2010

    Please, oh please do say you are filing a complaint against Turnbow for DCMA abuse. If for no other reason that in doing so will heighten his and JLU’s profile to the point that the copyright holders of the comicbook characters JLU dresses up as could become aware of them and drop a much much bigger hammer.

Leave a Reply