The new home for the IMVU Community is help.imvu.com. For more information, check out this article.

So why hasn't the DMCA Violating Dev Been Punished yet?
Goto page 1, 2, 3, 4, 5  Next
 
Post new topic   This topic is locked: you cannot edit posts or make replies.    IMVU Forum Index -> Content Creator General Discussion
View previous topic :: View next topic  
Author Message
caleb68 18+ Age Verified

caleb68 <a href='/age_verify/index/'><img src='/common/img/icons/age_verified_35x18.gif' width='35' height='18' alt='18+ Age Verified'/></a> 's page


Joined: 15 Jul 2006
Posts: 3430
Location: USA - WA

PostPosted: Thu May 17, 2007 8:48 am    Post subject: So why hasn't the DMCA Violating Dev Been Punished yet? Reply with quote

Products just hidden, Dev was never punished as outlined in IMVU's DMCA Page, so, why hasn't this happened yet? Serious Lack of communication on IMVU's side.
_________________
My Products
I like the idea of Humanity, its the people I hate.
Back to top
View user's profile Send private message  
Matt VIP Club Member 18+ Age Verified

Matt <a href='/vip_club/'><img src='/catalog/web_images/vip_35x18.gif' width='35' height='18' alt='VIP Club Member' /></a><!-- VIP Club Member Icon --> <a href='/age_verify/index/'><img src='/common/img/icons/age_verified_35x18.gif' width='35' height='18' alt='18+ Age Verified'/></a> 's page


Joined: 08 Jul 2004
Posts: 1866
Location: USA - CA

PostPosted: Thu May 17, 2007 9:08 am    Post subject: Reply with quote

C - Both Clare and I have been very responsive to both you and the person you accused of theft. Please stop claiming that IMVU is not responsive on this matter.

To remind both you and the rest of the Dev community about the proper DMCA procedure, here is a recap:

* if you believe someone has violated your copyright, you send in a DMCA takedown notice in the mail (please see the DMCA (copright) link at the bottom of every IMVU web page)

* When IMVU receives this takedown, the product is removed from the catalog immediately and the accused party is notified of the takedown.

* To combat fraudulent notices, the accused party has the right to send a counter notice in the mail to IMVU.

* Upon receipt of this counter notice, both parties are told that is has been received and that the accuser has 14 days to file suit in US district court against the accused. The product remains removed from the catalog.

* If, after 14 days, no suit is filed in US district court against the accused, the product is given back to the accused and put back into the catalog.

On this particular, possible DMCA violation, we are at the end of the line. Caleb68 has not filed suit within 14 days of the counter notice receipt and so it is over.

Again, I want to stress that IMVU has been *very* responsive to both parties in this dispute and had even gone out of our way to accomodate them in ways that we were not legally obliged to do. I am truly sorry if Caleb68 is not happy with the way things turned out but that is another matter entirely.
Back to top
View user's profile Send private message  
KrazyKat 18+ Age Verified

KrazyKat <a href='/age_verify/index/'><img src='/common/img/icons/age_verified_35x18.gif' width='35' height='18' alt='18+ Age Verified'/></a> 's page


Joined: 16 Oct 2006
Posts: 958
Location: USA

PostPosted: Thu May 17, 2007 9:38 am    Post subject: Reply with quote

Question: What are the counter-notice and put-back procedures?

Answer: In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)] If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]


A proper counter-notice must contain the following information:


The subscriber's name, address, phone number and physical or electronic signature [512(g)(3)(A)]

Identification of the material and its location before removal [512(g)(3)(B)]

A statement under penalty of perjury that the material was removed by mistake or misidentification [512(g)(3)(C)]

Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. [512(g)(3)(D)]


OK Matt, so your saying all these procedures have been followed?

OH do tell.... explain it to all us developers out there.. I mean how do we know if what your are saying is true...
Back to top
View user's profile Send private message  
KrazyKat 18+ Age Verified

KrazyKat <a href='/age_verify/index/'><img src='/common/img/icons/age_verified_35x18.gif' width='35' height='18' alt='18+ Age Verified'/></a> 's page


Joined: 16 Oct 2006
Posts: 958
Location: USA

PostPosted: Thu May 17, 2007 9:58 am    Post subject: Reply with quote

OK a factory says that some Cat food is bad.....

Do you take one can of Cat food and HIDE it on the self and hope no one sees it

OR

Do you pull all that brands catfood off shelf completely....

IN this case... it looks like you just want to hide some cat food...

And when you think the storm it over.... EVEN though you KNOW the cat food is bad....... You decided to put it back on the shelf

HOW NOBLE OF YOU!!!!!!!!!!!!!!!!!!!!!!
Back to top
View user's profile Send private message  
boogiepanda 18+ Age Verified

boogiepanda <a href='/age_verify/index/'><img src='/common/img/icons/age_verified_35x18.gif' width='35' height='18' alt='18+ Age Verified'/></a> 's page


Joined: 06 Feb 2006
Posts: 3256
Location: USA - NC

PostPosted: Thu May 17, 2007 10:33 am    Post subject: Reply with quote

(Split posts that named an accused party.)
_________________
I don't check forum messages, and don't really use the site much any more. If you want to get up with me, there are a billion other ways.
Back to top
View user's profile Send private message  
KrazyKat 18+ Age Verified

KrazyKat <a href='/age_verify/index/'><img src='/common/img/icons/age_verified_35x18.gif' width='35' height='18' alt='18+ Age Verified'/></a> 's page


Joined: 16 Oct 2006
Posts: 958
Location: USA

PostPosted: Thu May 17, 2007 12:52 pm    Post subject: Reply with quote

Matt wrote:

On this particular, possible DMCA violation, we are at the end of the line. Caleb68 has not filed suit within 14 days of the counter notice receipt and so it is over.

Again, I want to stress that IMVU has been *very* responsive to both parties in this dispute and had even gone out of our way to accomodate them in ways that we were not legally obliged to do. I am truly sorry if Caleb68 is not happy with the way things turned out but that is another matter entirely.


Hmm... do you care to recant that statement? or are you just going to leave it up there so everyone is none the wiser?

For the RECORD....It's not over FOLKS! It would be interesting to post the whole fiasco from A to Z to show everyone the whole picture and the prejudice as to exactly how this whole manner has been dealt with.... ah but we won't go there...
Back to top
View user's profile Send private message  
LilSnubs VIP Club Member 18+ Age Verified

LilSnubs <a href='/vip_club/'><img src='/catalog/web_images/vip_35x18.gif' width='35' height='18' alt='VIP Club Member' /></a><!-- VIP Club Member Icon --> <a href='/age_verify/index/'><img src='/common/img/icons/age_verified_35x18.gif' width='35' height='18' alt='18+ Age Verified'/></a> 's page


Joined: 04 Jan 2007
Posts: 483
Location: USA

PostPosted: Thu May 17, 2007 2:17 pm    Post subject: Reply with quote

Matt wrote:
C - Both Clare and I have been very responsive to both you and the person you accused of theft. Please stop claiming that IMVU is not responsive on this matter.

To remind both you and the rest of the Dev community about the proper DMCA procedure, here is a recap:

* if you believe someone has violated your copyright, you send in a DMCA takedown notice in the mail (please see the DMCA (copright) link at the bottom of every IMVU web page)

* When IMVU receives this takedown, the product is removed from the catalog immediately and the accused party is notified of the takedown.

* To combat fraudulent notices, the accused party has the right to send a counter notice in the mail to IMVU.

* Upon receipt of this counter notice, both parties are told that is has been received and that the accuser has 14 days to file suit in US district court against the accused. The product remains removed from the catalog.

* If, after 14 days, no suit is filed in US district court against the accused, the product is given back to the accused and put back into the catalog.

On this particular, possible DMCA violation, we are at the end of the line. Caleb68 has not filed suit within 14 days of the counter notice receipt and so it is over.

Again, I want to stress that IMVU has been *very* responsive to both parties in this dispute and had even gone out of our way to accomodate them in ways that we were not legally obliged to do. I am truly sorry if Caleb68 is not happy with the way things turned out but that is another matter entirely.
Not trying to start any thing but all the Dev's that made music rings are you going to do the same to them? Cuz I dought any of the music owners have filed suit. If not then I think they should do the same thing to who ever stole from Caleb68. Just my opinion tho.

I mean if your going to take the music Dev's account than you should take the account of who ever stole from him or give the music Dev's there account back after 14 day. Whats good for one is good for them all.
Back to top
View user's profile Send private message  
RyuKahraSyn VIP Club Member 18+ Age Verified

RyuKahraSyn <a href='/vip_club/'><img src='/catalog/web_images/vip_35x18.gif' width='35' height='18' alt='VIP Club Member' /></a><!-- VIP Club Member Icon --> <a href='/age_verify/index/'><img src='/common/img/icons/age_verified_35x18.gif' width='35' height='18' alt='18+ Age Verified'/></a> 's page


Joined: 01 Aug 2006
Posts: 8265
Location: Canada

PostPosted: Thu May 17, 2007 3:52 pm    Post subject: Reply with quote

if I understand this right, unless someone is willing to hire a lawyer then there's no point in even filing a dmca notice.
_________________
Be a red sock person in a white laundry world!
Back to top
View user's profile Send private message  
Rachael5922 18+ Age Verified

Rachael5922 <a href='/age_verify/index/'><img src='/common/img/icons/age_verified_35x18.gif' width='35' height='18' alt='18+ Age Verified'/></a> 's page


Joined: 15 Nov 2006
Posts: 493
Location: USA - 3_

PostPosted: Thu May 17, 2007 5:33 pm    Post subject: Reply with quote

okay alot of technical crap from all sides

easy question

a developer i know this week got disabled for stealing MR BLING, whats the hold up with this theft?

It's all the same...theft is theft...

R
_________________

http://imvu.com/groups/group/The%2BJerks%2BGroup/
Back to top
View user's profile Send private message  
RyuKahraSyn VIP Club Member 18+ Age Verified

RyuKahraSyn <a href='/vip_club/'><img src='/catalog/web_images/vip_35x18.gif' width='35' height='18' alt='VIP Club Member' /></a><!-- VIP Club Member Icon --> <a href='/age_verify/index/'><img src='/common/img/icons/age_verified_35x18.gif' width='35' height='18' alt='18+ Age Verified'/></a> 's page


Joined: 01 Aug 2006
Posts: 8265
Location: Canada

PostPosted: Thu May 17, 2007 9:29 pm    Post subject: Reply with quote

the law is very specific and imvu must abide by the law. the way it goes is this:

if you think someone has violated your copyright, you file a complaint (dmca)
the product is removed
the person you complained about has the right to protest, if they do, you have 14 days to file a lawsuit.
if you don't file a lawsuit, the product is restored
_________________
Be a red sock person in a white laundry world!
Back to top
View user's profile Send private message  
malohroquii

malohroquii's page


Joined: 06 Oct 2006
Posts: 6092
Location: Australia

PostPosted: Thu May 17, 2007 10:26 pm    Post subject: Reply with quote

I can understand that the person has the right to protest, but do they need to provide evidence that they own the rights to the product in question?
_________________
]m[
Quote:
"CaribbeanNymph" wrote:
I know no other Wink
Back to top
View user's profile Send private message  
RyuKahraSyn VIP Club Member 18+ Age Verified

RyuKahraSyn <a href='/vip_club/'><img src='/catalog/web_images/vip_35x18.gif' width='35' height='18' alt='VIP Club Member' /></a><!-- VIP Club Member Icon --> <a href='/age_verify/index/'><img src='/common/img/icons/age_verified_35x18.gif' width='35' height='18' alt='18+ Age Verified'/></a> 's page


Joined: 01 Aug 2006
Posts: 8265
Location: Canada

PostPosted: Fri May 18, 2007 12:07 am    Post subject: Reply with quote

the burden of proof is on the accuser. they are innocent until proven guilty. that's the way the law works.
_________________
Be a red sock person in a white laundry world!
Back to top
View user's profile Send private message  
malohroquii

malohroquii's page


Joined: 06 Oct 2006
Posts: 6092
Location: Australia

PostPosted: Fri May 18, 2007 12:21 am    Post subject: Reply with quote

Yes I'm aware of that, however the accuser was able to provide proof of ownership before filing the DMCA claim...

Anyhow, I don't wish to become involved, I just hope you're able to sort this mess out caleb.
Confused
_________________
]m[
Quote:
"CaribbeanNymph" wrote:
I know no other Wink
Back to top
View user's profile Send private message  
Rachael5922 18+ Age Verified

Rachael5922 <a href='/age_verify/index/'><img src='/common/img/icons/age_verified_35x18.gif' width='35' height='18' alt='18+ Age Verified'/></a> 's page


Joined: 15 Nov 2006
Posts: 493
Location: USA - 3_

PostPosted: Fri May 18, 2007 3:27 am    Post subject: Reply with quote

why would we be banned for saying our opionions?

IMVU isn't communist china is it? OR maybe it is...
_________________

http://imvu.com/groups/group/The%2BJerks%2BGroup/
Back to top
View user's profile Send private message  
Sue

Sue's page


Joined: 17 Nov 2006
Posts: 1033
Location: United Kingdom

PostPosted: Fri May 18, 2007 4:14 am    Post subject: Reply with quote

So let me get this sraight? The accussed has stated that she is the Rightful owner of the Stolen Mesh? So not only is she a theif but she's a Liar too?

The evidence is clear. Someones suckin someones Toes here! Get off it IMVU!!! Do whats right!! Not what you can get away with!!


Seems Like a simple Solution to me then... You just file another takedown and Take the Theiving wench to Court !! If I were caleb right now........ I'd get a lawyer and I'd not only own everything this Lieing Theif owns but I'd take IMVU to the Cleaners as Well!


Very Happy Laughing Very Happy
_________________
Meshes and the best toys for You and Your boys
Back to top
View user's profile Send private message  
Display posts from previous:   
Don't want to see these ads? Join the VIP Program!

Don't want to see these ads? Join the VIP Program!

Hide ads? Get VIP!
Post new topic   This topic is locked: you cannot edit posts or make replies.    IMVU Forum Index -> Content Creator General Discussion All times are GMT - 8 Hours
Goto page 1, 2, 3, 4, 5  Next
Page 1 of 5

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


 FAQFAQ   UsergroupsUsergroups   RegisterRegister  ProfileProfile   Log in for private messagesLog in for private messages 

Search the forums:


Powered by phpBB