07 September, 2019

it's only 'bout the money and control

This proved short but complicated:
[14:39] Ladysoraya Ruby: Group Notice Sent by: 
Ladysoraya Ruby[[PROMO WEEKEND]] 249L$ Mega Fatpack Original Mesh
✩✩[ LsR ] - Sexy Nayna Jumpsuit Set✩✩
100% Original Mesh
Includes:
[✔]Mesh Option : Jumpsuit - Belt Chains - Mules High Heels
[✔]Controler Hud with 60 Textures 30 Plains - 30 Patterns - Belt - Gold and Silver
[✔]Sizes for Suit : Maitreya Belleza [ Isis Freya ] Slink [ HourGlass ]
[✔]Single Items available 'ONE COLOR'Two Dresses
[✔]Full Options in FatPack
https://marketplace.secondlife.com/p/LsR-Sexy-Nayna-Jumpsuit-Set/17983283
Store in World:
Bad Girl
Now, I'm leaving the ad above, and the ad below in the chat, intact even down to avatar names for a reason: because that seems to be the main complaint of the woman below as far as I can tell.
[14:40] Axxxxxxxxxx Rxxxxxxx: Why are DAZ3D models considered 'original mesh'? Isn't it illegal to rip meshes from them?
[14:43] Emilly Orr: Anything that someone has created, that is not rights-free, is illegal to rip from.
Or limited-rights-granted, but the point still stands.
[14:43] Emilly Orr: DAZ3D models are sold pretty much for the purposes of photographic use only, and rarely game use, but those rights are restricted to the buyer alone.
Though, when I grabbed the link to DAZ3D just a minute ago, there's a large ad about how their software was used to position people for exact heights, so they knew what amount and angle of light to use in digital replacements. For big movies, apparently--Iron Man, Thor, and Captain America were mentioned.
[14:45] Axxxxxxxxxx Rxxxxxxx: Then why is this group allowing the advertising of items that have been ripped from Daz3D?
[14:46] Emilly Orr: That is a very interesting question, isn't it? And I'd say most likely, they don't know. Most people don't know what they're buying in SL, or selling in SL, is illegal. Digital rights are tricky things.
[14:48] Emilly Orr: Like the 'Crying Alice' fountain that's everywhere in here now--it was created for American MgGee's Alice 2, and that company has the rights to reproduce that particular mesh for game tie-ins, like small statues, printed art, and game promotion. *No one* not associated with American McGee's game company has the right unless it's granted to, a third party specifically for branded merchandise.
[14:49] Axxxxxxxxxx Rxxxxxxx: Which is why I'm not blaming the consumer, just questioning the group admin itself for allowing the adverstisment.
"Advertisement", and as I said earlier, because the group owners and moderators may not be able to tell at a glance when something's ripped or not. I can't always, and I've spent a great deal of time tracking down potential suspected mesh rips. No one person knows everything about every single property out there.
[14:49] Emilly Orr: But it's everywhere in here. EVERYWHERE. Why? Because someone ripped it and brought it in. And Linden Lab's "Safe Harbor" provisions are clear--unless someone from that game company directly complains about that game mesh, they won't do anything. They *can't* do anything, until someone who owns the rights complains.
And most rights holders won't complain simply because they don't know, and it's that simple. And even if someone went on a crusade--say, to ensure that every single zombie from Valve's Left 4 Dead game franchise was stripped from SL, it would still be a cumbersome series of steps:
  1. Track down the current contact information for Valve's legal arm, and/or whomever specifically deals with the game and merchandise rights for Left 4 Dead.
  2. Convince them their work is being illegally sold and redistributed. (And convince them that they care about the mesh being ripped and used in a game not theirs where each mesh is sold for a pittance, if not outright given away. Because remember, that old yarn about if you make it for free, it's not copyright infringement, is just that--an old yarn, and completely empty of legal merit.)
  3. Should the be so convinced, they would then need to contact each avatar name that is reselling or giving away the individual game meshes from said games.
  4. A cease-and-desist letter would be mailed to each one, with possibly a backup copy to Linden Labs (not sure if that's required, it used to be with some things, but may not be in 2019.)
  5. Each individual avatar would then have the choice to voluntarily remove the mesh from sale or redistribution, or file a countersuit, including their full legal names, place of business, contact numbers, and any legal representation handling their case.
  6. At that point it's Valve's choice whether to escalate to court, or drop the entire thing.
There are an innumerable number of ways this could go pear-shaped for the individual--the individual may not play that particular game, and picked up a full-perm version of that mesh, and thus potentially never knew they were redistributing rights-infringing goods. Valve may not care to pursue. Valve may go directly to the Lindens with evidence that it is their mesh directly, and it could not be anyone's else, with validating dates, and the Lab could just declare it acceptable by fiat and nuke that mesh from their server chain entirely--thus removing everyones' copy of that particular mesh. All of these have happened, in varying combinations, and when one tosses in people getting temporary or permanent bans on top of that, it's an incredibly tangled area of law.
[14:50] Axxxxxxxxxx Rxxxxxxx: Sigh.
[14:50] Emilly Orr: Right, and as I said, they may not know. There's a TON of ripped mesh in here, and not everyone knows every game, every property, every digital designer off the grid.
[14:51] Axxxxxxxxxx Rxxxxxxx: One look at the most recent ad above proves that the mesh is ripped. They didn't even bother using SL mesh bodies.
[14:52] Emilly Orr: Maybe I missed the actual ad, then, because the last ad I saw before your comment was for https://marketplace.secondlife.com/p/LsR-Sexy-Nayna-Jumpsuit-Set/17983283
The jumpsuit in question--which does seem to use SL bodies, does use recognizable--at least to me--SL templates as far as I can tell, and should be completely above-board...unless I'm wrong. And I could be.
[14:53] Emilly Orr: And I honestly couldn't look at that and say with surety it was anywhere else first. It's similar enough to other jumpsuits on the grid by makers of full-perm mesh templates. Are you talking about something else?
[14:55] Nxxxx Vxxxx: Group Notice Sent by: [Nxxxx Vxxxx]
LAST DAY Vaxer *Monaco * 12 Textures * 99 L$. PROMO
https://marketplace.secondlife.com/p/M/17924303
New "Monaco" by Vaxer ✿✿ 99L$ (Marketplace only)
***LAST CHANCE***
Sizes for Maitreya, Slink Hourglass, Physique, Belleza Isis and Freya
12 Textures HUD. Demo available for free.
[14:57] Emilly Orr: Actually, they usually do. Vaxer likes to use the upper end range of the graphics for SL, though. And I'm pretty sure that's not ripped, I think it's actually either a Meli Imako template, or a Flecha template to start with.
[14:57] Emilly Orr: Or, no, that may have simply been another ad, and not what [Axxxxxxxxxx]'s talking about.
And unfortunately, Ms. A never responded after that, so I have zero idea whether she meant the jumpsuit, or something else linked in that group I never saw before I replied.

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