Dmca: new developments for Belleza

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    Belleza Dmca bis Cover

    Belleza MainstoreNew but untill now nebulous  developments in the story of the complaint under the DMCA (Digital Millennium Copyright Act) against Belleza, famous brand of Tricky Boucher which markets in Second Life mesh avatars of which we recently talked. I

    n an update note  published on the group site December 11, 2014, Tricky Boucher himself, his virtual partner Shyla Diggs and the brand manager Felicity Blumenthal announce new developments after receiving a notification last December 1 from Linden Lab of a complaint for Copyright infringement, in particular with regard to the hands of the avatar, a complaint that the Belleza team rejects the sender, again reiterating that the hands in question were designed in an original way by Tricky Boucher.

    Belleza then hired an attorney who on December 9 sent to Linden Lab a counter-notification under Dmca stating that “the material identified above (the hands, LmS) was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”. After receiving counter-notification Linden Lab sent to Belleza a copy of the original Dmca notification filed against so to review.

    After contacting the complainant (a person  who was “not a Second Life user and was impersonated”) it was discovered that the same was unaware of the complaint and it is assumed, therefore, that we can deal with a case of forgery of identity.

    Belleza Mainstore Second LifeFor these reasons, we believe that not only was the Dmca notification incorrect, the notification was fraudulent and the claimant had impersonated the person named in the notification” itself.

    At the moment “is currently in the process of speaking with Linden Lab regarding how we can proceed to quickly have the Venus body (i.e. the mesh avatar the sale of which had been blocked by Linden Lab, LmS) placed back in-world for sale”.

    Contacted by Mondivirtuali.it for a commenton the matter, Massimo Melica, Supreme Court lawyer of the Court of Milan, Managing Partner of Studio legale Melica, Scandelin & Partners specialized in law applied to new technologies, which has known for work “the worst of the web”, after reading the press release said that it looks as if at the time “no one has a clear idea”.

    That said, Melica stressed that in these cases should always “verify the reliability of the notification” and “convincing themselves that protection of the right takes place in areas analog and digital”.

    Hard to blame him, and if you are interested in the matter of copyright in virtual worlds or you want to follow the developments of this story, we suggest you to continue to follow Mondivirtuali.it also through our account on Twitter and our fanpage on Facebook (but remember: Mondivirtuali is even on Flickr, on Pinterest, on Scoop.it and on Paper.li, as well as on Youtube).