So there you are, you’ve created your new item, taken the photos, unleashed it inworld and are sitting back watching the Linden Dollars flow in when you get the nod that someone has copied your content, not only that, they’re also selling it.
Now after cursing, banging your head on the desk and swearing to rip someone a new backside, there are things you need to consider. The first thing to consider is that unless you inform Linden Lab of the situation, nothing is likely to happen. The second thing to consider is that Linden Lab do not adjudicate on these issues, they ask you to file a DMCA. Linden Lab have a page on DMCA, which you can read here. The big thing to bear in mind is that DMCA is not a Second Life policy, it’s a legal policy, this therefore goes beyond the terms of service, as noted on the DMCA page:
Please note that these notifications and counter-notifications are real-world legal notices provided outside of the Second Life environment. Linden Lab may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law – the privacy policy for Second Life does not protect information provided in these notices.
For some people, DMCA is discouraging, they don’t like it, they don’t want to provide the information required and they get frustrated, but unfortunately, the option to use it depends upon following the process.
There’s a recent discussion over at SLUniverse regarding copied content, which you can read here. In that thread you will find links to templates that can be used for filing a DMCA.
DMCA is not a pain free process and they should most certainly not be filed frivolously. There are legal implications, it’s an imperfect tool but it is a tool available to content creators.
Now there are other issues related to copied content and this is where Linden Lab should be entering into discussions with content creators. There’s an impression that filing DMCA’s is a waste of time because people who infringe copyright, aren’t banned or that they simply create other accounts and start all over again. When this sort of impression gathers pace, it is in Linden Lab’s interest to open discussions, they should not be silent on this and whereas they are unlikely to discuss specific cases, they should be making it loud and clear that they will and do take action.
Are Linden Lab’s actions sufficient? Many content creators will say no, they don’t go far enough, they are toothless. Linden Lab need to revise that impression and show that they do support content creators in their aims. Linden Lab need to have open and frank discussions with content creators and listen to the concerns of content creators.
Content creators have to accept that copying of content is feasible, unfortunately, that’s how things lie. The technology isn’t around to prevent copying of content, that’s an unfortunate truth and although it’s not encouraging for content creators to know this, it’s something content creators need to understand.
Linden Lab can’t change the requirements of DMCA, however that doesn’t mean that should be the end of the discussion. There are steps involved in the DMCA process that Linden Lab are part of and which maybe can be improved. Is the submission process easy enough? Can it be improved? Are their response times fast enough? Are counter notifications clear enough? There’s room for discussion with regards to the process, but unfortunately as for the law itself, that’s out of Linden Lab’s remit.
Content creators want to feel assured that their hard work is not for nowt, they want to feel that Linden Lab are on their side, Linden Lab really need to open discussions on these matters.