Digital Millennium Copyright Act
Linden Lab responds to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for copyright owners to provide notification to an online service provider for alleged copyright infringement. When a valid DMCA notification is received, the service provider responds in this process by taking the offensive content. The removal of content on the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. Upon receiving a valid counter notification, generally restore the content in question, unless we receive notification from the notification provider that a lawsuit has been filed for an injunction to prevent the alleged offender to participate in infringing activity.
Note that these notifications and counter-notifications are real-world legal notices provided outside the Second Life environment. Linden Lab can provide copies of such notices to participants in the dispute or third parties, at our discretion and as required by law - Privacy Policy Second Life does not protect information provided in these notices.
To file a notice
Written notification must be done. This can be done either by fax or letter (regular mail or courier service). E-mail messages will not be accepted unless prior agreement has been made. The notice must:
1. Identify in sufficient detail the copyrighted material that you claim has been infringed (ie, describe the work that you own).
2. Identify the topic in the world that you believe infringes on their copyright, and provide the information needed to locate the item in the world. For example "The allegedly infringing work I refer to is on the map as" Freelon, 104,30,56 '. "
3. Reasonably sufficient to provide a method to contact you, phone number and email address would be preferable.
4. (Optional) Provide information, if possible, sufficient to enable us to inform the user (s) who posted the content that allegedly contains infringing material. You can also provide pictures or other materials that are useful to identify the works in question. (This is for identification only and not to "prove" substantive claims.)
5. Include the following statement: ". I have a good faith belief that use of the copyrighted materials described above and included in the service is not authorized by the copyright owner, its agent, or the protection of the law "
6. Include the following statement: "I swear, under penalty of perjury that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Document signed
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys' fees) if you falsely claim that an element in the world is infringing its copyright. We recommend consulting an attorney if you are unsure if an object in the world is protected by copyright laws.
Send the written document to the designated agent of Copyright in Linden Research:
Linden Research, Inc.
Attn: Copyright Designated Agent
945 Battery Street
San Francisco, CA 94111
Moreover, the paper fax to (415) 520-9.660. On the cover, please write Attention: DMCA NOTIFICATION
To file a counter notification:
1. List of world elements that were deleted by the administrators of the Second Life, and where the material appeared before it was removed. Please identify the object in sufficient detail and, where possible, the UUID.
2. Provide your name, address, phone number, email address (if available).
3. State which consents to the jurisdiction of Federal District Court for the judicial district in which it resides (or San Francisco, California if your address is outside the U.S.).
4. State to accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
5.State the following: "I swear, under penalty of perjury, that has a good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
6. Sign the paper.
Send the written document to the designated agent of Copyright in Linden Research:
Linden Research, Inc.
Attn: Copyright Designated Agent
945 Battery Street
San Francisco, CA 94111
Moreover, the paper fax to (415) 520-9.660. On the cover, please write Attention: DMCA counter-notification
FAQ
How I can make a DMCA notification or notification?
Please follow the above instructions precisely, including only the information listed. The inclusion of any information beyond the information specifically required and optional information listed above could significantly impede the review of your attempted notification. You may find it simpler to cut and paste the numbered items above and use them as header information that is sent.
How does Linden Lab determine who "wins" and "lost"?
Linden Lab does not judge the merits of the claim of copyright: do not declare winners and losers. Your copyright in an article is determined in the real world, real world processes as the DMCA. The DMCA process allows users of an online service to resolve copyright disputes using the adjudication systems available in the real world.
"I can send my e-mail alerts?
Unfortunately, email addresses posted on public web pages quickly become the target of spam, which makes the review of legitimate communications. Please send the information requested above, if digital files are needed to identify the materials in question, we can arrange for digital delivery.
"I can sign notifications and counter-notifications with my avatar name in Second Life?
We will not accept ads that are not signed by a real legal person. The DMCA process is a real world process with real-world ramifications.
I disagree with the statement required. No I have to say these things?
Not accept notices under the DMCA that do not include the statements required by the DMCA.
Can I change the DMCA process?
The Digital Millennium Copyright Act is a federal law adopted by the United States Congress. Linden Lab has no power to change the laws of Congress.
Why is Linden Lab provides liability for damages for false claims of copyright infringement?
Liability for damages for false statements is a provision of the DMCA, which was not written by Linden Lab Note that these damages and legal fees can be significant, for example http://www.onlinepolicy.org/action / legpolicy / opg_v_diebold /.
Linden Lab can give me legal advice concerning my claim?
Linden Lab can not provide legal advice to you. If you are unsure about the legal problems, he would do well to obtain the services of a competent legal professional.
Do you close accounts based on DMCA claims?
If Linden Lab believes that a user of Second Life is continually abusing the DMCA process, either with filings that appear to be unfounded, and continually re-posting content that is the subject of valid DMCA notifications, we exercise our right to terminate the abusing party's account. Note, however, that the actions of Linden Lab has not yet determine the outcome of the bottom of the copyright disputes. Copyright matters are real-world rights, governed by real-world systems.
Where I can find more information about the DMCA and other copyright laws?
There are many resources available on the Internet. Linden Lab is not responsible for content provided by these other resources, but we found the following to be informative:
A summary of the Digital Millennium Copyright Act can be found at:
http://www.copyright.gov/legislation/dmca.pdf
The text of the Digital Millennium Copyright Act can be found here:
http://www.copyright. gov/legislation/hr2281.pdf
The U.S. Federal Code copyright is here:
http://www.copyright.gov/title17/92chap5.html
government, more about copyright can be found here:
http://www.copyright.gov
Many universities maintain useful public information on copyright, including:
http://www.law.cornell.edu/wex/index.php/Copyright
http://fairuse.stanford.edu/
