Linden Lab responds to DMCA concerns
Filed under: Economy, News items, Opinion, Second Life, Legal
After taking a working day to mull over and polish a response, Linden Lab has posted it to their official blog.
The net result of the post unfortunately, judging by responses and discussion elsewhere appears to inflame and annoy involved consumers and creators, as users claim that the response is tangential and evasive.
To sum up the incident that kicked this all off, content with two listed creator names was blacklisted. Apparently all content, including some public-domain/relaxed-license content, damaging large quantities of legitimate Second Life content. When Linden Lab attempted to restore the legitimate content, things didn't work out, leaving swathes of user-creations broken. The public JIRA item still exists to address this.
Now, let's see how this is addressed by today's blog post, since we're still waiting on their PR people to respond to queries about it:
Linden Lab inadvertently disabled some inworld content this past weekend.
Was all the content that was disabled taken down in error? Was only part of it? Was some of it related to a DMCA action? Could I myself be missing content that I am not aware of yet as a result? None of these questions are addressed.
The problem should be fixed now, and we apologize for the inconvenience it caused.
According to users, no, nothing seems to have changed.
If you believe your content was inadvertently disabled, please try re-rezzing it. If that doesn't work, please contact Support at http://secondlife.com/support.
It looks like it might be a busy time for Support. We wonder just how long they might be at it. As yet, we haven't been notified of a case where they've succeeded in restoration of broken content -- if you know of a case related to this incident where they were able to help, please do let us know.
As for the rest of the post? It doesn't seem to be a follow-on from the first paragraph, and looks like a tangential discussion of the DMCA.
Summary:
- Linden Lab policy on DMCA handling hasn't changed (but has not ever actually been revealed. Linden Lab's DMCA policy page does not actually describe any policy).
- No indication is given as to whether the above material has anything to do with Linden Lab's DMCA policy.
- You can get fined for false takedown notices, under some circumstances.
Perhaps the biggest standout item in the remaining text is this: For privacy reasons, we don't discuss the specifics of DMCA notifications with third parties.
That's great, of course, but we don't actually think anyone is asking for the specifics of a DMCA notification -- not that Linden Lab is admitting to the existence of any such notification in this particular case -- but variations of that sentence seem to be the stock answers to all general, non-specific and non-notification-related questions regarding policy.
In the end, while the post is entitled "Responding to questions about the DMCA process", the post doesn't actually discuss anything about Linden Lab's DMCA process.
Just what is Linden Lab's DMCA process? We've asked Linden Lab, and they have so far declined to discuss it.
Update: Linden Lab has responded to our queries, and declined to add to or clarify the matter.



















Reader Comments (Page 1 of 1)
TheBimboCheerleaders said on 6:10PM 6-18-2008
go figure
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Jay said on 12:22AM 6-18-2008
Katt Linden is doing one of the worst jobs at communications I have ever seen.
Rather than provide a streamlined, accurate and timely communications stream she does more to obfuscate it than any Linden ever before her.
Some communications manager eh?
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Pavig Lok said on 2:18AM 6-18-2008
In Mis Katt's defense I will say she's only been on the job for a brief time, and before her, linden communications were a dogs breakfast. They've a long way to go, but give her some time in the role before passing judgement. They're contending with a new ceo, terible grid burps, in place uncontrolled leaks, and a history of borkage. Putting in place a working communications strategy takes time, as you need to change the company internally. Internal comms at LL require a large shakeup before we see the results filtering out to the public.
When I informed Katt Linden about the early decisions being made about the SL5B fiasco, she hadn't been informed though internal channels herself before they hit the grid. Clearly linden communications is still running partly in the maveric decentralized style we've grown used to, and Mis Katt has a lot of work to do before the right communications actually go through their communications manager. When talking to me she mention working to get systems in place to ensure things like this don't happen.
So don't blame Mis Katt - messing up is a group effort at LL. Caring and sharing :P
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Jay said on 9:10AM 6-18-2008
Sorry Pavig, the woman out and out lies.
Take her latest revisionist view:
"There never was any ban on a specific type or group of avatar.
There was a request to keep things PG.
Full stop.
– Katt"
A communications manager who lies so openly is not even worth spitting on.
Prokofy Neva said on 11:47AM 6-18-2008
I don't see that Katt Linden is failing at her job; she's doing her job, but it's not a job you like, that coddles the sense of entitlement to which the Fringe has long flogged us all.
Katt has in fact portrayed this issue brilliantly -- it's about PG, not banning a type of avatar. It's the Fringe trying to bang on Linden Lab and undo the PG that is the problem, not LL maintaining PG. There is nothing wrong with having PG in a public event meant to cover many different kinds of people in SL.
Many groups, especially merchants and creators, have banged on the Lab to "do something" about copyright theft. Now they are. They deserve thunderous applause for their too-little rather lame efforts just to keep them motivated and on track. If the scythe swiped too wide and proper content was removed, well, lobby to put it back; it's not a reason to attempt takedowns or removals.
However, the issue here is about G-team operations, not DMCA takedowns, and that's what the complaints should be focused on. Is there a policy now that all banned persons have their creations removed from the world? Then...why is Gene Replacement's megaprim still gracing builds like the IBM headquarters inSL?! Let's be consistent here. But let's also ask -- is that the right thing to do with permabans? I'm not certain it is, it needs a debate, but that's a different debate as to whether stolen material should be taken back or illegally-created items removed. If in the course of doing this, legal material is taken, it should be easy to make the case and get it reversed.
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Prokofy Neva said on 11:47AM 6-18-2008
*not a reason to NOT attempt takedowns
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Solivar ScarboroughJeffery Sargent said on 11:03AM 8-07-2008
Privacy seems to be quite the watchword, especially where online matters are concerned. We have a generation here that assumes that their "public" activities online carry the right of complete anonymity - the moral equivalent of a city whose entire population wear masks and are not obliged to identify themselves when confronted.
For an environment like SL to survive and grow and have any sembalance of order, there need to be routes for addressing legal conflicts. Unfortunately, Linden Labs originally intended for us, the residents, to evolve a system - but the only way for any such system to work is to have access to the people behind the avatars, and unfortunately for LL, that's them. The way any social system works is accountability. Which means an accessible public section of one's life. You'd sure as hell want someone to target directlt if the next can of Coke you open had glass shards in it. No one's talking about broadcasting your ACTUAL private information, but an agreed upon official body through which valid claims can be processed. You don't want that? Don't take action in public sectors, and SL, like the internet, IS a public sector - it is a place where your words and actions can impact other people. You want to say or do something you hold to be important and someone doesn't like it? It's the measure of your dedication to that ideal and the consequences of it that give it any validity. An opinion that isn't backed by your skin isn't worth the aether it occupies.
Re: the removal of items. I'm all for it - just sorry it falls on LL's shoulders. I know that if anything I've been selling contains a stolen script, I'll work on fixing it with a new script and replace the item for free to any of my customers - if nothing else, it would put me back on a customer's radar.
As for the Gene Replacement megaprims - they stopped being illegal ages ago - I consulted two Lindens before using them in a build once upon a time. The only thing they suggested was that since they are an artifact of an exploit from ages ago, and not officially supported, they may well stop working at some point, so be forewarned. So I was. If I wake up and the next client build breaks them, then I'll rebuild without them. Easy Peasy.
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