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| cbreak´s bare assed face-off with his copycat, screen shot by cbreak |
As the original avatar cbreak is an almost noob I strongly suspect that he himself is only collateral damage and that the maliciousness is first and foremost directed towards his girlfriend in SecondLife, Ms Blanche Argus, who has a rather high profile in the Swedish community.
Both cbreak and Blanche have blogged about their developing friendship and love affair on their blogs. Someone presumably feels they have a reason to be envious of the twos public displays of affection and is in dire need of attention of their own.
Men having issues with their ex-partners choice of a new boyfriends is sadly nothing new, sometimes their jealousy expresses itself in the strangest ways.
The only previous instance I can recall of something like this ever happening was at the height of the Swedish SecondLife drama the summer before last when someone made a copy of PetGirl Bergman and started visiting at her home and at events that she visited.
The best things to do in situations like this are to ban and mute the shitheads, and ask all your friends to do the same.
When they don´t get any further attention they will surely die.
Oh, you all-knowing book taught; When is an avatar an artistic work? I have chosen looks, hair, clothes and a whole lot of small details to create a unique avatar. If I had done the same with the RL me, put me in front of the camera and took a picture of me there had been a unique copyrighted works. What does the law say? -If there is any difference between SL-me and RL-me in this regard so where is it?
ReplyDeleteYes yes I confess, I scent a good news here:)
Arggh my dear Vanadis, Intellectual property rights is not one of my strong points.
ReplyDeleteWikipedia says "Intellectual property refers to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law.
Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyrights, trademarks, patents and industrial design rights."
To be protected by law a work must exhibit a high level of originality. Originality means that the item/work is original and created by an artist's individual expression. This originality must vary sufficiently from any and all other similar creations to get protection by the laws.
I would say that any combination of human form in SecondLife is bound to have a somewhat similar creation already, but even if that should not be the case I believe that for cbreak to maintain he has intellectual property rights to his exact combination of hair, shape. skin, eyes and whatever (each individual part created by someone else in SecondLife, or even if he created them himself) he would have a very hard time to successfully try and win this case.
There is a Swedish saying among lawyers, "Det är en sak att ha rätt, det är en annan sak att få det". (More or less "It is one thing to be in the right, it is another thing to have the courts grant you your right")
And no matter what I think the case would come under Californian and/or American jurisprudence (as the Linden Lab servers are in California), and I do not have a clue about the applicable law in these cases.
Too many lawyers involved already in the legislative history of the law.
ReplyDeleteEmergency exits for everybody. :)
I have in all cases fitted my ava with a copyright clause in the profile. Keeps perhaps the law-abiding away anyway.
It´s a good thing that lawyers handle the law, can you even think what they would look like if they were handled by journalists? OMFG! *faints*
ReplyDeleteDi slaps a cold compress onto Bock's forehead! Whew! That was close :) Sighs, then smiles at what she would do to journalism if she had the chance :)
ReplyDeleteImagine a Blonde in Charge :)
If I steal your money from your computer in Sweden with the help of a server in California so I go down after Swedish law because my computer is in Sweden.
ReplyDeleteIf I steal your copyright on your computer in Sweden with the help of a server in California so I do not go down because the server is in California.
Bad luck when one thought there or?
"All power emanates from the people!" The Constitution first paragraph. It is the journalists' duty to ensure that those words are followed and that the will of the people that form the basis for the Swedish legal system. To highlight anomalies and with popular support influence the legislature to adapt the law to the public sense of justice.
ReplyDeleteA task that requires an enormous amount of work and patience and persistence.
First Commandment in the Handbook for Journalists.
A task that requires that you stand out with scorn and derision from all sides. From those who do not want to understand. But that gives infinitely gratitude from the community who abused in bureaucratic inflexibility.
I am sorry I hurt your feelings with my previous remark, Vanadis!
ReplyDeleteI agree wholeheartedly with you that a free and independent press has a major role to play in any democracy. My comment was meant as a joke with you and your profession as I thought you were joking with me about my profession. Your reaction tells me that you do not agree.
However I must say I find it a bit strange that you feel free to refer to lawyers jokingly but get very upset when you receive tit-for-tat.
No matter what I am sorry that my comment hurt you, Please forgive me!
I might be overreacting a bit but I am just so heart-sick and tired of the constant use of master suppression techniques to belittle female opponents. I like to talk with you but it should be on an equal footing. My way of speaking with a touch of humor marked by my upbringing on the West Coast and nuances perceived perhaps sometimes not accurate outside the region's borders. I rest my case, this exchange of opinions seems to have come to end of the road
ReplyDeleteI will only add this and then I will let this rest also.
ReplyDeleteI like talking to you also, but I often feel you are using a passive-aggressive way of communication with me which ends with you flaring out at me for using suppression techniques on you. You may remember this is not the first time this has happened.
It is more than annoying to me when this happens, as I have been brought up to talk with and treat men and women on equal terms and have a firm conviction that we are equal as human beings. If women or men joke with me, I joke back and usually no one gets hurt by the exchange.
I have no problem at all with your regional sense of humor, but you need to learn that when you joke with other people they may sometimes - more often than not - respond in kind.
Very Lund-ish!
ReplyDeleteI say no more, you will only refer to me as Sancho Panza or Porthos or one of Bill and Bull.
I would never even dream of referring to one of Freyas shieldmaidens as any of those simple characters you mention, cross my heart and hope to die! ;)
ReplyDelete