Hello V…I’m much better at checking blog pages than my Plurk timeline :-)

I also find this idea to be disturbing. Along with the points that you raise, I wonder if anyone (Onyx/Emerald/LL/whoever) has taken into consideration the sheer hysteria that can occur when content theft is even hinted at.

On the page you referenced “About the Bots” there is a statement: “If content was somehow incorrectly detected it would be obvious to the creator who submitted it.” I admit my knowledge of creating items in SL is limited, so perhaps I simply do not know…but I question the accuracy of this statement. Frequently the term “copybot” is tossed around when someone creates an item on their own that is similar to one being made by someone else. I’ve had SL friends and acquaintances affected by this, simply because the ensuing dramas can be so exhausting. Inevitably, even when they prove their innocence, people accused feel their reputations have been tarnished.

They also state that “The bots would only be comparing content to items that had already been opted in by their creators.” Has anyone made a decision about whether or not the creators who opted in have a legitimate concern? For example, do you need to have a DMCA filing in progress to request this service? And since filing a DMCA does by no means guarantee that you have a viable claim, what other means are being used to check this….and who decides? Sometimes, it is just jealousy or pettiness that drives the wails “That is MY shirt!!!! Someone ripped my stuff!!!”

Anyone on SL may have used inspect from time to time to find out where an item came from, it’s been a part of the viewers for ages if I recall correctly. (I prefer to start a conversation with someone to ask where they got their dress, but if people choose not to answer…ah well! Click!) But the idea that anyone would be inspected in order to determine if they have possibly done something “illegal” is horrifying to me. I’m not sure that I would feel any better if I was told “They don’t scan all of you, they work off a list, so on Tuesdays they are only checking shoes.” Great, very reassuring…I’ll go barefoot on Tuesdays from now on just to confuse the bots.

In truth, there are so many people who have no understanding of the true definition of content theft, and naively pass along items they got as a “freebie” which are copies of something that was stolen ages and ages ago. This does not surprise me, since there is no clear and defined way of determining this without fail, and also no clear process of what should be done in this sort of situation, or who (if anyone) will be penalized, or in what manner. The innocent recipients are often terrified when they realize or suspect they have accepted an item that is an illegitimate copy. I have witnessed this recently, and it was painful to watch my friend become so distressed. It became even more so when I realized that although I had a bit more knowledge about what might be the right thing to do, I had no idea of what would happen to my friend for even admitting to accepting the items, or to the person who passed them along (who, as it turns out, also had no idea that it might be wrong to have them.)

I know the time and effort put into creating on SL, and I feel for that alone, people should be able to decide if they wish to put them up for sale and therefore be reasonably certain that their creations will not be taken from them without their knowledge, and certainly not used so that someone else can profit from them in their place. I have yet to hear a coherent discussion about how this is determined, or see an understandable plan regarding how issues will be resolved. In the meantime, it seems like these efforts are shots in the dark as opposed to any sort of viable course of action. Inevitably, someone who is not guilty will be caught in the crossfire, while someone who is actually doing harm will not be caught.

It’s ironic, one thing you mentioned was copyright laws being different in different countries. My first thought was that in my understanding, the laws of the country in which a company is based are what determine how things are run. (Please feel free to correct me if I am wrong.) If that is the case, LL and Emerald/Onyx are both based in the United States, where there is a basic principle of law stating “innocent until proven guilty”. If these bots are scanning avatars to see if they can find they have done something “wrong”, when there is not necessarily a clear definition of what “wrong” is, then they are not following that principle at all, and I find that very disturbing.

Another irony is that part of the paranoia has been store or sim owners installing systems that will ban any avatar using a “questionable” viewer…and I have heard more than one story regarding people being ejected and/or banned from places for this….simply because they were using the Emerald viewer. ;-)

I’ve ranted long enough for now, I suppose :-) I enjoy reading your thoughts on these issues, obviously they make me think quite a bit! Thanks very much for sharing them.

Take care,
India

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