Posted by Baby Ghosn - -
My product (WowMeh - and the relative DEMO) has been removed from Marketplace on the 5th June for "IP Infringment" and then removed inworld also.
Since I haven't received any notification in the relative email address, I enquired repeatedly for clarifications to LL, through all available methods; finally, the 11th june the IP Team inboxed me stating that "if I believe I didn't infringe another's copyright I have to fill a counter-notification", and to "be aware that your personal information will be forwarded to the copyright claimant", but there was no DMCA notification attached. So I asked for more detailed infos to the IP Team but, as they don't have obligations to answer, I don't think they will do.
As for now, I have decided not to counterclaim.
I have very good reasons - but this is only my opinion - to believe that the DMCA compiled against WowMeh has been done so with malicious intents. I have absolutely no idea about what kind of copyright owned by whom I have infringed. Because of this and that, of investigations, readings and studies I have made, I really don't want to reveal any of my personal, sensible data to someone which can be not so good-intentioned; I'm afraid I may be harassed in RL too.
Notwithstanding my opinion, I'm fully aware the DMCA has a legal value, and it is possible (it MUST be, according to law) that the claimant has acted in good faith. So, equally in good faith, I decided to fully revise my product, removing whatever part wasn't wholly created by me (the body still remains a remote relative of the SL avatar); not because those parts were not legit, but because they are not my original creations... So I do not want to risk for parts I've purchased, even if hyper-modified.
Surely, stating that my whole product as-is violates someone else's copyright is not true at all. But if you are in good faith, please, before engaging in a DMCA war, contact me. There are more gentle and collaborative ways to settle these kind of disputes, professionally (i.e. mediation and negotiation).
Acting this way still makes me a potential infringer to SL, but protects me in RL.
Anyway, please bear in mind that the NEW Version will be protected with an End User License Agreement and Copyright, and that I will react to malicious attacks according to the USA laws and to the laws of my home country.
I come in peace... Armed.