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24 Comments

  1. da.tonyhayward@gmail.com'

    fantastic.
    Really good follow up to the recent articles. Well done Maria!

  2. fonsecaloffpt@yahoo.com'

    Great article, great news and (December) great Mr. Obama

  3. me@timothyfrancisrogers.me'

    Zetamex Network still will not register with DMCA, there have been many cases where DMCA has also been abused and would provide issues with how we handle much of user’s data under German Law. The handling of legal matters of copyright is different in Germany, and Zetamex Network is fully ready to comply with take down requests if a user submits one. If needed it can be escalated to the courts of Germany, as we follow take legal matters seriously.

    Reasons for not doing this are deeply rooted in wanting protect user privacy and content under the Laws of the EU and Germany which are far more developed and fit more in line with digital age content then the DMCA which is out dated and can be abused.

    1. bntholdings@yahoo.com'

      Users who violate terms of service agreements (by violating DRM permissions) have abrogated their contracts with your service, so you are under no further legal obligation to shield their identities. The primary weakness with DMCA is that it doesn’t mandate that violators have their identities disclosed, but does mandate that those filing takedown requests identify themselves to the offenders, which enables offenders to engage in harassment campaigns in the real world, which have happened. Refusal to register with the DMCA only increases your grids liability if you fail to honor take down requests which are later proven valid.

      1. me@timothyfrancisrogers.me'

        We understand this, and we accept those risks and thus why we registered the way we have, why we have a special procedures. But as part of the DMCA, not registering protect our users under the copyright law of the EU and Germany is different then that of the USA. Registering with DMCA loops us in with the requirement of handling take down requests in the USA manner.

        The address is listed on the site as well as multiple contact numbers. Our registration and VAT ID numbers are listed as well.

        1. bntholdings@yahoo.com'

          It does not require that you handle all takedown requests in the US manner, only those which involve Americans. Failing to do so exposes you to liability to international lawsuit via the Hague Conventions on Due Process..
          Furthermore, since you have registered your company with a *.com domain, you have already agreed to be subject to US law. If you want to avoid that, you need to surrender the dot com domain and go with a german TLD. This gives US regulators standing to have your entire network taken down through WIPO action.

          1. me@timothyfrancisrogers.me'

            This is what the CEO of Zetamex Network has elected to do. I have urged him to reconsider. But he seems to stand quite firm on this matter.

          2. me@timothyfrancisrogers.me'

            Because I trust Vincent, plus laws are better. And he is reviewing the DMCA under legal advice. Zetamex Network truthfully has grown and matured so much it’s legal status and back end have been changing so much to comply with stricter laws and IT standers.

          3. bntholdings@yahoo.com'

            Is Zetamex the grid that Maria isn’t naming that is refusing to honor takedown requests about all the stolen OARs?

          4. me@timothyfrancisrogers.me'

            Absolutely not! We actually worked with VirTec on this issue directly and removed these OARs from user’s accounts and user’s OAR archives. Giving the user’s warnings if repeated pirate activity is caused we will terminate the account.

            contact[at]zetamex[dot]com if you have any copyright claim, we take these seriously and are happy to work with the content creator and legal if needed.

          5. support@virtuosic-bytes.com'

            I can confirm that this is NOT zetamex – I have been working with Vincent Sylvester in that particular case. And Tim even came forward to me when he heard about that and told me that they will immediately take down anything I find on their servers.

          6. bntholdings@yahoo.com'

            Too bad for Zetamex’s customers then. I predict your grid will soon follow avination as soon as a significant creator finds enough of their content pirated on your grid. I will also be asking Kitely.com to refuse to deliver to any grid that is not DMCA registered.

          7. godisinthewind@yahoo.ca'

            I don’t think that shutting off deliveries to non DMCA registered grids will do anything to encourage new people to come in. All it ends up doing is punishing the residents of a grid. It’s not up to Kitely to enforce that choice on other grids, regardless of how practical it may seem. Instead it ends up limiting the market availability

          8. geir.noklebye@dayturn.com'

            According to Kitely’s terms:

            “The Terms and the relationship between you and Company shall be governed by the laws of the State of Israel without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within Tel Aviv, Israel.”

            DMCA does not exist in Israeli legislation, as it is a US only law. Hence any conflict resolution around DMCA and Kitely’s application of it can’t even be tested in the courts in the country they operate out of.

          9. ilan@kitely.com'

            Hi XMIR,

            Kitely’s TOS also state “The Company respects the intellectual property rights of others. Company’s policy is to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act (“DMCA”) and/or other all applicable laws, including, but not limited to, the Israeli Copyright Law, 5767-2007, and to terminating the accounts of repeat infringers.”

          10. geir.noklebye@dayturn.com'

            I understand that. The question is what your jurisdiction for conflict resolution will admit to be processed by the courts. Usually counts don’t accept other country’s legislation for their proceedings. In reality you will be limited to the Israeli Copyright Law, 5767-2007 and similar provisions in Israeli law.

          11. bntholdings@yahoo.com'

            If people are not actually PAYING the actual CREATORS for a product, they aren’t actually participating in any market. For a market to exist, you have to have a non-zero price attached, and for it to be legal, that price has to have some contractual relationship to the actual creator. Piracy destroys markets, because it raises the cost of protection of property that escalates the cost of doing business, while undermining the value of legitimately sold goods due to the availability of counterfeit product.

          12. moonriseazalee@gmail.com'

            “If people are not actually PAYING the actual CREATORS for a product, they aren’t actually participating in any market.” — what does that have to do with wanting to limit Kitely’s reach to non DMCA registered grids? Are you saying that the merchants themselves are not the ACTUAL creators? If my partner (a creator of original, painstakingly created mesh items) sells to a non DMCA registered grid — I don’t quite understand how that hurts him, Or Kitely OR the market. Almost every botted item I see in OpenSim is from SL and not from a Kitely merchant. And if someone did see something on the market that they felt smelled of copyright infringement, they could report it. So how does your desire to not allow Kitely merchants the ability to sell to non DMCA registered grids have anything to do with ‘relationship to the actual creator’? How does it undermine the value of ‘legitimately sold goods’ ?

          13. bntholdings@yahoo.com'

            I never said I don’t want Kitely merchants to have the ability to sell to nonDMCA registered grids, but nice try at spinning and distorting things. I said I want Kitely merchants to have the ability to decide for themselves which grids to not allow sales to. Try reading what people are actually saying rather than imposing your own biases and assumptions on things.

  4. netinterprizes@yahoo.com'

    I have registered AviWorlds and Avi-Labs. Thanks Maria this is nice to have …

  5. bntholdings@yahoo.com'

    As the President of SLexit, which operates the Opensim Embassy in the Larsen region of SL, in order to educate SL users about opensim and assist them in any migrations of avatars or their own content they may undertake, the primary problem we find with our mission, and building broader public usage of Opensim, is the popular perception that Opensim is nothing but a nest of copybotters. This is why many creators won’t sell here (no matter how easy it may be to steal their stuff in SL), and because they won’t sell here, many SL users won’t come because their favorite content isn’t for sale here, creating a chicken or egg catch 22 situation that is grossly inhibiting the growth of Opensim. (I don’t need to mention how LL is encouraging this misperception).
    For this reason, it is imperative that all opensim grids take aggressive stances against content piracy of any kind. I have heard from many with excuses that “anything can be stolen”. That is immaterial. Anything can be stolen in the real world too. Locks and keys only keep honest people honest, and document the criminal intent of actual criminals when they do break and enter and steal. Just because a DRM is weak doesn’t justify violating the rights of creators. Just because you don’t like IP doesn’t give you the right to violate the rights of creators to their work. If you care about Opensim, you all need to protect the rights of creators to define the terms under which they release their content. If a creator wants to open source their own work, FANTASTIC! What nice generous people! But forcibly “opensourcing” someone elses work through piracy is not actually in keeping with the open source ethic of Opensim. If you think otherwise, YOU are the problem. Every grid should register with DMCA to handle takedown requests by American creators, and via reciprocity via the Hague Conventions, should treat the content creators of their own and other nations under their own appropriate laws.

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