Socially|Mundane

Yes! (Makes football touchdown knee-jerk with simultaneous arm pull.)
Torley (Linden) wrote a great little piece on his experience with company support from two different firms. The contrast demonstrated is how one leaves him feeling rather frustrated and the other leaving him with a warm, highly satisfied feeling.

The main idea being summarized:

"It is inaccurate, but all-too-human to blanket your opinion of an entire company with a single experience."

I have been touting this about how people blast Linden Lab in the Second Life blog for a long time.

Total Awesomeness and high-fives friendly Second Life greetings!

Okay, my words, not Torley. Only the great addictive one-and-only Torley can do it right, so I'll stop trying even. However, what has become an exciting tradition to look forward to, our resident Watermelon and high-energy, charismatic 'that tutorial guy' Torley has released a whole new set of video tutorial Quick Tips.

Unlike the full-blown 'feature-length', seriously in-depth tutorials that focuses on a basic set and subset of specific features of Second Life or the SL Viewer, these are short bursts of seriously useful information that are easy and very quick to watch. usually each being only two-minutes or less.

I ran across a blog post by Uccello Poultry, where she expresses her absolute fury over the way Windlight and Havok 4 break things. Now, I can certainly relate to Uccello's plight and I genuinely sympathize with anyone and everyone whose product have broken since the introduction of Havok 4 particularly. In this case, it's a swimming Animation Overrider. And Uccello display's their dumbfuck-dipshit intellect.

Certainly the anger and frustration are directed at Linden Lab for introducing Havok 4 as it broke a lot of things. In truth, Havok 4 fixed a multitude more things than it what it broke.

Additionally, Havok 4 was not sprung on everyone in a surprise ambush. It had been spoken of or at least six-months before hand, on the preview grid for several months, and even on the main grid with selected sims for two whole fucking months. All developers and creators were strongly, and I mean strongly urged to visit these places to test their creations.

Hence, I feel the frustration, and furious anger are misdirected and the Lindens. Rather, that wrath should be directed at the creators of broken products. It was their responsibility to test their creations on the new system and a ridiculous amount of opportunity had been provided. Thus, either that creator is AWOL and can't be contacted (hence, a dead product) or they simply don't care.

I don't know the details in this particular case regarding the creator of your dumbass swimming AO because I don't use a swimming AO. But, if the creator is refusing to rewrite the scripts or otherwise fix or replace the product as a matter of principal (I really don't suspect this, just making a point) - then is that fair to the customers to be made pawns in a personal gripe?

I say if you have a product that broke when Havok 4 was introduced, contact the creator and ask them what their intentions are regarding this. Then, of there are no plans to fix or replace the product, vote with your Linden Dollars and find a competing product that actually works, dumbass. You only show your dumbfuck ignorance by throwing blame at Linden Lab for breaking your fuckwad stupid-ass swimming AO. You poor fucking crybaby. Come'ere so I can change your diapers and spank your dumb ass while I'm at it.

For all of you furious at Linden Lab for fixing SL via Havok 4, well, tough shit and grow the fuck up. You need to get a clue and place the blame where it belongs. And if you get no recourse from the creators of your broken shit then stop your whiny-assed crying and go buy a new whatever-the-hell-it-is somewhere else. Perhaps so a flickering spark of intelligence and even ask the creator of the new competing (and working) product if they will allow a discount since your existing product is broken.

You'd be surprised. Many just might do that for you (if you can show you own the broken product) - after all, earning half-price on a sale is better than no sale at all.

I'd file this under a more appropriate category besides "Socially Disgraceful", but I don't have a category called "Dumbfuck Duh Award for Dumbasses".

Source

I ran across a blog post by Uccello Poultry, where she expresses her absolute fury over the way Windlight and Havok 4 break things. Now, I can certainly relate to Uccello's plight and I genuinely sympathize with anyone and everyone whose product have broken since the introduction of Havok 4 particularly. In this case, it's a swimming Animation Overrider.

Certainly the anger and frustration are directed at Linden Lab for introducing Havok 4 as it broke a lot of things. However, Havok 4 fixed a multitude more things than it what it broke.

Additionally, Havok 4 was not sprung on everyone in a surprise ambush. It had been spoken of or at least six-months before hand, on the preview grid for several months, and even on the main grid with selected sim for two months. All developers and creators were strongly, and I mean strongly urged to visit these places to test their creations.

Hence, I feel the frustration, and furious anger are misdirected and the Lindens. Rather, that wrath should be directed at the creators of broken products. It was their responsibility to test their creations on the new system and a ridiculous amount of opportunity had been provided. Thus, either that creator is AWOL and can't be contacted (hence, a dead product) or they simply don't care.

I don't know the details in this particular case because I don't use a swimming AO. But, if the creator is refusing to rewrite the scripts or otherwise fix or replace the product as a matter of principal (I really don't suspect this, just making a point) - then is that fair to the customers to be made pawns in a personal gripe?

I say if you have a product that broke when Havok 4 was introduced, contact the creator and ask them what their intentions are regarding this. Then, of there are no plans to fix or replace the product, vote with your Linden Dollars and find a competing product.

So, for all of you furious at Linden Lab for fixing SL via Havok 4, well, I sympathize. But you need to wise-up and place the blame where it belongs. And if you get no recourse, buy somewhere else. perhaps even ask the creator of the new competing (and working) product if they will allow a discount since your existing product is broken.

You'd be surprised. Many just might do that for you (if you can show you own the broken product) - after all, earning half-price on a sale is better than no sale at all.

Prospero Linden sheds some serious light on the beta grid in his post to the Second Life blog. This is really good news, especially with the detailed explanation of what it is, what it's for and how to easily access it.

Many of us have been in SL for a very long time. Perusing the forums, (which still manage to survive, though they begin a rebound,) bounce all-over the SL-related blogosphere and watch the SL blog religiously. In all these things, those who participate this way at least, the "beta grid" is mentioned often.

Many creators will go to the beta grid to test there creations - and not only in the scripting. But,for example, when creating skins and clothing textures to test them out for proper look and alignment. Why? Because when you are on the beta grid, (now will be called the "preview grid" according Prospero,) you are for all intents and purposes, disconnected from Agni - the "main grid."

Rheta Shan has written a moving piece that, as commented in feedback and I concur, should likely be required reading for all those entering, or whom have for some time been inside Second Life. It's a pretty deep read and might take a bit to digest, especially if you're an American and raised on bastardized English.

Rheta goes on to say that we create and live our "second lives" because of a need. The need to fulfill something missing in our first lives. She goes on to proclaim our participation in the virtual world as an "escape". Ironically, this is no secret at all.

However, where I find the read to be most fascinating is in the surrounding commentary. Though the thrust of her message has to do with the escapism factor, it is the 'need' portion than I find to be most eye-opening and enlightening.

She also uses a story I wrote back in February describing one of the "whys" of living a second life. In that case, it was to be 'normal' again. Though she reckons that scenario to a 'detachment' of ourselves from our avatars, her point is driven home with a sledge hammer.

Compliments, Rheta. A moving and highly insightful article that really should be required reading, or at least the main thrust of your ideas should be understood by the throngs coming into the new world.

As for the "escapism" part, I agree wholeheartedly. The mindset one assumes while in Second Life is constantly in motion and morphing. When first arriving, it's just a game, like World of Warcraft or most other shoot-em-ups. You sit at your keyboard staring at a cartoon character looking for the method of controlling "it" and where the goals are to be found.

Then, when one learns there are no goals, that rather it is a social network with a pretty face, you either will leave and return to AOL Instant Messenger or stay. And as you begin to socialize and make friends, your perspective begins to morph and the gap between self and avatar begins to close.

I believe that gap always will be there. But it increasingly gets narrower and narrower. To the point where almost literally, well at least as much as possible, become our second selves. Look to the top of this article... the Declaimer list of this blog. Look who now author's this piece.

Though you likely already know it, "Ari" (Ah-ree) is not my christening name at birth. Rather, it is my second self. I also have a Flicker account. with a lot of 'photography' from within Second Life, but also a lot of my other, real life photography. And if you were to comment on any of those or leave a private message, that message would be addressed to... the second me.

And email, and instant messengers, and blogs and web sites and so on. How many Second Life residents are actually pushing their second selves outside of Second Life? How far will we push our second selves into the real world. How aware are we that we even do this at all?

Kit Meredith did an interesting experiment: Google yourself. Twice. Google yourself with your real name. That is to say: your real life, given name at birth. Simply surround your full name in quotes. Then, do the same thing with your second self name.

I suspect most will be rather surprised at the result. Not only at the number of 'hits' to show up under your second self name, but that there likely may be more hits there than on your first self name. So the article by Tatero Nino over at Massively where she brings up the "augmentation vs. immersion" debate and properly (I believe) rephrases it to augmentation vs escapism, might actually be about a phase we go through.

Though I'm not entirely sure what to call the third phase, it seems to me everyone who passes into Second Life will morph through three or four phases:

1. The 'bewildered' phase, which I don't think really counts. This is where the newest residents aren't really sure what Second Life is at all. Is it a game? Is it social? What do I do and how?
2. The 'immersion' phase. I think most people will decide to consciously enter this phase, though some will jump immediately to augmentation. This happens very quickly, when you discover that...
1. You can completely be and appear as anything you want. Male, female, faerie, demon, whatever.
2. There doesn't appear to be any limits whatsoever with regard to what you can or are allowed to do.
3. Augmentation begins to slip in. at least a little. When you discover and experiment with voice. When you begin to tell friends about first life things, like what you do for a living, whether you'll be in world because of "RL Work", and when you discover and experiment with voice features and so on. Some people will jump directly to this phase and possibly experiment with immersion (escapism) later when they discover other areas, such as role playing themes and so on.
4. But then comes this 'mash-up' phase... the phase where we bring our second selves into the real world, yet maintaining our second identities and personalities. The so-called "drama" of second life. And that drama is carried out into the real world, though we insist we are still our Second Life characters. For example, the fashionista world is rife with drama and, what I feel is a majority of ridiculous, petty arguments and, for the participant, seems to get their blood to boil. It makes one want to shout "get a freaking life, for crying out loud"
   

So what is it called when we reach that fourth phase?
Is it really still escapism?

When does it go from escapism to delusional?
Source

Torley of "Freindly Greetings" Fame:
"Torley Linden here. I work on “Resident Education”, which means teaching you skills for a better Second Life."

Did you see that?
It didn't slip past you, did it?
Take another look...

Is this the grand elusive answer to the most never asked question, thus creating among the most famous of all Second Life mysteries:

"what do you actually do, Torley?"

LOL!

Our happy-go-lucky favorite face of Linden Lab has made a rare post on the Second Life blog, where he is actively seeking feedback (well, rather tutorial type questions) about using Second Life and the viewer. An important note: there may be an influx of frivolous questions just to get the great one's attention!

If you have not already done so, check out the video tutorials area, a most invaluable resource. I have been in SL for going on two years (18 months as Ari) - and I keep finding little things that I simply never knew before. I am usually astonished. And even if you don't learn anything new... the entertainment value alone is so worth the time to watch!

Now's your chance - get over to the SL blog and ask away!

Ask Torley: Video Tutorials & Resident Education! « Official Second Life Blog

Rheta Shan has written a moving piece that, as commented in feedback and I concur, should likely be required reading for all those entering, or whom have for some time been inside Second Life. It's a pretty deep read and might take a bit to digest, especially if you're an American and raised on bastardized English.

Rheta goes on to say that we create and live our "second lives" because of a need. The need to fulfill something missing in our first lives. She goes on to proclaim our participation in the virtual world as an "escape". Ironically, this is no secret at all.

However, where I find the read to be most fascinating is in the surrounding commentary. Though the thrust of her message has to do with the escapism factor, it is the 'need' portion than I find to be most eye-opening and enlightening.

She also uses a story I wrote back in February, [linked to the old version of this site, but all that material has been archived here as well,] describing one of the "whys" of living a second life. In that case, it was to be 'normal' again. Though she reckons that scenario to a 'detachment' of ourselves from our avatars, her point is driven home with a sledge hammer.

After the ruckus and farce that is the "Skin Piracy" issue regarding 'Danae' of Renderosity and 'Minnu' of Second Life, scenario introduced by Tenshi, I've about had it with the self-serving, vitriolic world of "fashionista". It's completely laughable how some will become for rabid over some things that they are blinded by their own rage.

However, Crap Mariner, who can see as bright a shade of red as anyone else at least appears to reserve such judgments until he know it is warranted. It's an unfortunate thing when something like skin textures become ripped-off. It's a hugeley serious accusation and why I jumped into the previous fray to debunk an indefensible accusation of "piracy" and theft regarding skin textures.

"Katt Linden - Dance-Challenged"
Image © 2008, Jenaia Morane

Katt is doing a wonderful job and it's practically sad it took so long before she came on-board in this capacity. Maybe not quite on the same thing that Torley is , I can feel her cheerful smile in the way she writes and communicates with the community - real or not.

Thank you, Katt! You are doing an awesome job from where I sit.

Katt's most recent post to the Second Life blog, as of this writing, is to proclaim and inform about the annual Second Life, (remember Linden Land?) birthday party. Yes, there will be many of you whose eyes glaze-over while briefly glancing-over the information, barely taking-in what's being said.

Well, you should read it aain, with a little more attention.

I remember practically panicking when I saw Nicholaz's notice about discontinuing development of the SL viewer. Sad day in SL if you ask me. I love that viewer.

Albeit, it sometimes became a little dicey understanding which one to grab onto. Fortunately, every time I've dived-in, it was the correct version. Well, Nicholaz has posted a great little description of which is which over at his blog today:

Excerpt - Nicholaz "The Mad Patcher" Beresford:
"My builds always require a specific original viewer from Teh Laboratory installed. Most people will just want to choose the Nicholaz Edition which matches the viewer that they have already installed, so a look at your viewer's Help, About will give you the initial clue."

I say SWEET.

Okay, not really about the Anshe Chung interview, except... if you've been is Second Life for awhile, or at least paying attention, it is very likely you've heard of the famous interview with Anshe Chung where griefer's stormed-in and bombasted the sim (or at least, the interview area) with "flying penises."

You can't help but to get a real good chuckle when think about it.

The Kipp Report, citing a Gartner report gets it right. Hopefully all commercial and corporate hopefuls venturing into Second Life, MyCosm, There.com, and all the rest will stop and think about what they're doing instead of running around like a deer in the headlights, blinded by the 'wow' factor of the technology or because competitors are already there.


This article is a nicely rounded report of multiple virtual worlds and takes a quick peek at several in-turn, including Second Life, Barbie Girls, and Club Penguin among others.

Of course, there are so many that might view this report as another negative slam on virtual worlds and how they are a complete failure with regard to commercial ventures within them.

Dipshit Bunk.

And the Kipp Report feels the same way I do.


Courtesy of Kipp Report I know first-hand that commercial ventures within Second Life, and likely other virtual worlds are having at least some success. I don't remember the names off the top of my head, (and it's not really fair to plug only a few anyway,) but I've used a few of the services from within SL for Real Life purposes.

I have purchased real life flowers, to be delivered, from within Second Life. I saw the arrangement facsimiles and made my choice. I paid in Linden Dollars. A few days later, I received a 'thank you' phone call for the flowers.

So, what's the difference between this company and, say for example, American Apparel? For starters, they didn't just build it and expect 'them' to come. It wasn't a static experience (for me, at least.) It was a pleasurable experience. It was easy to shop, easy to make my selection, easy to make my payment and, most of all, easy to actually pay. They took L$, which was great since my SL wallet had some discretionary funds.

Convenience and ease all the way through. And, on top of that, I didn't have to dip into my RL bank account, neither did I have to sell L$ for U.S. $ and then cash-out (which takes a few day, and less a transaction fee.)

The point is this: they came into SL. Looked around a bit. Did some research. And either through outsourcing or within the company itself, they learned the culture of Second Life and what the residents want.

They got it right. Hopefully, this company will be the one out of ten who doesn't fail within 18-months. I don't buy flowers all that often. But when I do, I will very likely just revisit this place again, for the convenience, alone.


Source

Second Life bots are on the change. In fact, it is likely that eventually you will converse and interact with someone in SL and it could be a computer controlled robot.

The Associated Press reports on a research project of the Rensselaer Artificial Intelligence and Reasoning Laboratory. This is far more than the "Alice" project (already in SL). This is a fully functional robot, apparently.

Well, in reality, Second Life is the test-bed for the robot project. It provides a very inexpensive to test things out. So, chances are you won't run into a lot of these, unless of course someone close to the project decides to leak things otherwise.

The Kipp Report, citing a Gartner report gets it right. Hopefully all commercial and corporate hopefuls venturing into Second Life, MyCosm, There.com, and all the rest will stop and think about what they're doing instead of running around like a deer in the headlights, blinded by the 'wow' factor of the technology or because competitors are already there.

Kipp Report regarding Gartner:
"Nine out of ten business forays into the virtual world fail within 18 months, says new research by Gartner. It says the majority fail because they focused on the technology rather than user needs, or the projects were greenlighted because they were 'cool' - or because competitors were doing it - not business vital. A lack of clear objectives and a limited understanding of the demographics, attitudes and expectations of virtual-world communities didn't help."

This article is a nicely rounded report of multpile virtual worlds and takes a quick peek at several in-turn, including Second Life, Barbie Girls, and Club Penguin among others.

And this is what it has come to.

It seems every single time there is a post on the Second Life, A.K.A. Linden Lab blog, there is a swarm of comments, 75% of witch are off-topic and 50% of those are downright rude, and another 50% of those are complete wastes of breath. Especially if the posts has anything at all to do with the actual grid itself.

So, based on this typical paradigm that seems to happen practically every time,  Prosporo Linden has resorted to turning comments off, choosing instead to delay the opening of feedback just so that feedback can hopefully stay on-topic.


Congratulations for a good idea, Prosporo. It is kind of sad to think you have to resort to such a tactic, but definitely better than locking the feedback ability down completely. Hopefully, those who tend to vent will get the idea and at least try to keep whatever posting the do on the LL Blog on-topic.

Of course there are those who will complain...


Well, for those of you who do this... the reason the article you wanted to comment on is all filled up is because there are a limited 150 feedback slots and many, if not most are filled up by people doing what you are doing right now. You dipshit.

If the comments are turned completely off, it because of the majority of off-topic comments.

I liken it to the boat that is sinking and instead of bailing water, the occupants just try to move to a part of the boat that isn't under water yet.

[Edit: and now, as of September, 2008 - the blog is all but dead as announcements barely trickle in and when they do, comments are usually closed and deferred to the Second Life Forums.]

Source

And this is what it has come to.

It seems every single time there is a post on the Second Life, A.K.A. Linden Lab blog, there is a swarm of comments, 75% of witch are off-topic and 50% of those are downright rude, and another 50% of those are complete wastes of breath. Especially if the posts has anything at all to do with the actual grid itself.

So, based on this typical paradigm that seems to happen praactically every time,  Prosporo Linden has resorted to turning comments off, choosing instead to delay the opening of feedback just so that feedback can hopefully stay on-topic.

I know, sarcastic headliner there. But this isn't a sarcastic article. Second Life (SL) really does affect Real Life in a lot of ways. My previous three articles are proof enough of that. [still recovering.] But what about the more subtle ways? Such as our actual behavior in social situation with regard to how we feel inside?

Can our experience inside SL actually change our experience in real life? I certainly think so. In fact, the reason I put the "duh" in the headline is because I think we all know it, even if we haven't yet really thought about it. It has kind of always just been there, in the barely subconscious parts of our mind... not really chewing at us or nagging us... but rather, simply sitting there.

So Time and CNN have come up with a story that focuses a bit on this:

"...I discovered research being done at Stanford University's Virtual Human Interaction Lab (VHIL). Jeremy Bailenson, head of the lab and an assistant professor of communication at Stanford, studies the way self-perception affects behavior. No surprise that what we think about ourselves affects the confidence with which we approach the world. What is a surprise is that this applies in the virtual world too. With my plain Jane avatar and my inexperience in Second Life, I did what most people would want to do in an uncomfortable social situation: run away."
It actually is a pretty good read. I found it interesting, not only in this article itself, but also one of the main sources they refer to, which is the 'Virtual Human Interaction Lab (VHIL) of the University of Standford. I found this to be really interesting to follow-up on.
It tends to explain a lot of things. Funny how hindsight can be 20/20.

[Though the link to VHIL is included in the Time story, I am including here, too, in case you'd rather jump straight to that: credit to Time Magazine, time.com] How Second Life Affects Real Life - TIME

[Note: this is part one of the three-part series. In part one is the look at what started this whole mess. In part two we look at how everything "went wrong" here. In part three (this part) I prove beyond a doubt how this all turned-out to be a slanderous witch-hunt.]

Wow.

Simply 'wow'.

I have done a lot of research. More than I wanted to, but I felt I had no choice in it. Cripes, I feel like an investigative reporter and that's not in my job description. I am amazed at the web that has been woven [see first article, links below], the length to which some people will go and the ridiculous claims some will have, all on hearsay, and hearsay that was apparently intended to achieve the current end result.

I smell world news-making legal action. Really, I do. And it could affect bloggers all over the planet.

I have invited all three parties in this fray to review this article before publishing. And also have invited they share it with their attorneys. That if an attorney requests any changes, said attorneys can contact me directly, where I will discuss with them via voice telephone for verification.

I want to make this part absolutely clear...again: I don't personally know the characters involved. It is my intent to remain as objective as possible and walk the middle of the road remaining only on factual evidence I have been able to find. Unfortunately, the way this article will sound, I will appear to be specifically on one side of it. So I implore you to try imagining different names as you read - insert anonymity there and you will see how what I am about to say applies generically, no matter who the participants are.

Sadly, for some people, this is going to hurt them more than it's hurts me.

I am using names here because these are the actual people involved.

This article is the result of my findings though said research and is fact. All citations are documented and archived. Where possible, citations are linked so that you may review the original material yourself (all open in a new window). I will put tags to indicate where there is fact, opinion and reasonable assumptions. Each 'tag' will remain in effect until it changes.

To recap: part one of this story, and part two.

I'll apologize right now for the length of this article. However, what needs to be said needs to be said and I tend to be verbose about things.

So, let's get started. Oh, and for safety's sake, please fasten your seatbelt.

Reasonable Assumption: A wickedly observant 'Witness' just "happened" to notice the similarities between Minnu Palen's (Second Life name) skin (inside virtual world Second Life) a product called "Manhattan" from Danae Kotsi (Unknown if real name or alias) at the 3D Source web site Renderosity.com. Danae was then referred to Tenshi Vielle of Shopping Cart Disco and the Second Life Herald blogs, hereafter "SLH" and "SCD". This all according to Tenshi's story.

Tenshi wrote and published the alleged email from Danae in both blogs, first in SCD then a day later in SLH. The stories were verbatim on both sites, save for the tag that referred SLH readers back to SCD blog by HTML hyperlink. [Note: Tenshi has clarified that, as I suspected, the story was emailed to the SL Herald Editor for publishing. This explains the day delay, and verbatim copy. And, in Tenshi's defense (as I know how 'newspapers' work) the headlines and tags at the SL Herald are most likely written by the editor there and not Tenshi.]

Fact: I read Tenshi's story at the Second Life Herald, [though it does not appear have been edited for changes as of this writing] and found the story over-the-top and sensationalist as usual. However, there were no citations to sources of fact as there usually are.

[Note: the sensationalism comes more from the quoted email than from Tenshi's words. Albeit, a more thorough investigation would have been in order. hence, it appears Tenshi was possibly being a simple 'public voice loudspeaker' for Danae.]

Opinion: regarding citations in the SL Herald, I am not referring to the unnamed 'Witness" who made the discovery as even though blogs are not considered part of the 'Fourth Estate". I also keep my sources private. I am, rather, referring to citations of End User License Agreements (EULA) and other documentation of interviews and supporting information - as she usually does. For example: how the End User License Agreement at Renderosity makes it 'theft'. But there is nothing there (and still so as of this writing.) In other words, there was no apparent fact-checking involved. Devastating for any publication that proclaims or tries to appear to be a news-gathering source, and...

Fact: ...nowhere in the article is it made clear that it is an Op-Ed (Opinion Editorial.)

Fact: I wrote my first article about how this story appears to be defamatory and possibly slanderous based on this. Not an outright accusation in that article, but rather edification on how not to write a story - blog or otherwise.

Opinion: The premise of my article was that on Shopping Cart Disco, the story was simply rumor and innuendo, because that is the kind of blog it is: gossip. However, the SL Herald portrays itself as a news source, which changes the perspective of the readership dramatically and thus tend to take things a bit more seriously, even if the Herald's writing style is tabloid in nature. This bothered me.

Fact: Because of the response to my first article, and though I prefer to remain out of any fray, I chose to look into the subject further. I went into the feedback of both my first and second articles, the feedback of the articles at SLH and SCD [noted that as of this writing, the headline has been changed, replacing exclamation points with question marks - a smart move] and the SL Universe forums on this specific situation and the Renderosity forums, also on this specific situation.

Opinion: Amazingly, there are "artists" at either forum, especially Renderosity who aren't even aware of what their own EULA says and, apparently, the definition of the term "rendering" (below).

Fact: I attempted to contact Danae about this situation, and offered questions regarding her product, what it included in the package, whether her EULA is different from the standard Renderosity EULA and whether she actually understood how how textures are mapped to a digital mesh model in Second Life, et al. The answers are already known and not intended to be conceited, but rather to get directly from her, in her own words. They were asked to see if her answers would differ from the obvious ones.

Danae has returned my contact request and has no comments to make.


I also contacted Minnu in-world for questions regarding her side of it. She quickly returned my contact request and we have discussed her side of the scenario off-record, per attorney instructions. However, I can and will say this: I have obtained and evaluated the EULA that came with her source files for the product in question. I have compared the EULA Minnu provided with the publicly available EULA at Renderosity - there are no differences. Certainly Minnu could have gone and copied what is there now and pasted it to me, but that point is moot because even the current EULA is, well, current.

I have sent email to Renderosity [store@renderosity.com] specifically asking for a copy of their official blanket EULA for any and all merchants and products, freely available and for sale. I have received an email from Kristi Sholl of Renderosity with a link that points me to the current Renderosity EULA. It is the same one I reference in this article.

Reasonable Assumption: All products sold through Renderosity fall under the blanket EULA terms, unless the individual artist who sells through Renderosity includes, prior to sale, a copy of an addendum to that Renderosity blanket EULA with specific other restrictions or freedoms.

Fact: Most designers and artists work from base material. "Base" material is material that is already available and used to build upon to create the new work. In fact, Boris Vallejo, world renowned painter, worked from model photographs he took, then painted against them. The photographs are the 'base' he started his painting from. It is not uncommon for designers and creators in Second Life, Renderosity and others to obtain base files to work from. Even Danae's product in question is created from sourced base files (below).

Renderosity is specifically designed to be a community for digital artists and provides a market for obtaining base files for new creations.

From the Renderosity "about" page [emphasis is mine]:

"Renderosity Merchandise:
"Each product in The MarketPlace undergoes testing before being released and must follow The Marketplace's submission criteria before being offered for sale. The MarketPlace products have been used in a variety of venues from personal artwork to commercial projects.

Reasonable Assumption: unless the EULA specifically forbids the use of these base files and products in any specific application, or includes the use only in a specific application, it can be easily and reasonably determined that the material available in the market are specifically for use in the creation of any other art.

Opinion: art is in the eye of the beholder and completely relative. In this case, the term is used to describe any intangible 'visual'.

Fact: even if Minnu obtained her base files from Renderosity, the EULA provided clearly allows her to use those files in any way she pleases as long as she is within the terms of the EULA and any addendum applied by the original copyright holder: Danae.

Renderosity EULA
Notes: dimmed marking is mine and is done for the purpose to highlight the area specific to this scenario; bold is used to highlight where the purchaser is legal in using materials inside Second Life and italic is solely for emphasis - the rest is a given and assumptive. Red is the 'kicker' statement.]:

LICENSE FOR ITEMS PURCHASED THROUGH THE MARKETPLACE AT RENDEROSITY

This license only applies to items purchased through The MarketPlace at Renderosity, not to any items from the Free Stuff area. It is the Buyers responsibility to read and understand this license. If you are unsure about anything, please send an email to store@renderosity.com.

The Artist (Author) retains all copyrights to the enclosed materials. The Buyer is not purchasing the contents, only the right to use the contents. The Buyer may not redistribute this archive file, in whole or in part. The Buyer may not store it any place on a network or on the Internet where it may be referenced by a third party. Buyer acquires the copyright to any derivative works created using this work, provided none of the original materials can be extracted from the derivative work by any means. If Artist can show that any of the original material can be extracted from Buyer's derivative work, Artist can demand both the original and derivative work, and all copies thereof be deleted. For example, Buyer cannot make an image of a texture map mapped to a flat plane, such that the original texture map can be cut & pasted from the image. This is designed to protect the Artist from Buyers releasing work, which lets other users obtain the copyrighted material, and is not meant to infringe upon the artistic endeavors of the Buyer. Buyer may not make any MetaStream animation files with the enclosed materials, until this format can protect the original materials from being extracted. Items sold at Renderosity may not be used for illegal purposes.

In the event a Buyer is not satisfied with the product a refund may be issued. Issuing refunds is at the discretion of the Artist and / or the Renderosity MarketPlace staff. Refunds will be issued only after the Buyer has worked with the Artist to fix the problem. When a refund is issued, the Buyer is responsible for deleting all files using the product and may not distribute the product.
To protect the Buyer: Buyer is hereby granted a non-exclusive, non-transferable license to use all of the contents of the encapsulating archive file. Artist maintains that all items in the archive are their original work, or are derivative works from something found, and verified, to be in the public domain. Artist maintains they legally possess the power to grant the Buyer this license for all enclosed materials. Buyer may use the materials in any personal projects or commercial projects, as long as the Artist 's work is protected from extraction and none of the items above have been violated. Buyer may make a single backup copy of this archive file, for personal archival purposes only. Buyer retains this license, even if the Artist stops selling this work at a later date, or decides to charge a different price. The Artist may only revoke this license, if it is shown that a Buyer has previously violated the terms and conditions above.

Note: before those 'in the know' about Second Life "copybot" and other ripping tools - A) the buyer has no control over this. B) Even if extracted, it still is not the "Artist's Work". Rather it is only the derivative of the work. It is the buyer's derivative work that is extrapolated.

Furthermore, before purchase, there is information provided about the product so the buyer is fully informed. The alleged product in question is called: "The Metropolitan Collection - Manhattan" as created by Danae. The available "read me" file is linked to from that page.

The contents of the "read me" file for review before purchase as accompanied specifically with the product in question is presented here,
Notes: dimmed marking is mine and is done for the purpose to highlight the area specific to this scenario; bold is used to highlight where the purchaser is legal in using material inside Second Life and italic is solely for emphasis - the rest is a given and assumptive - Danae's email address removed for privacy]:

"The Metropolitan Collection - Manhattan -

Product Title: The Metropolitan Collection: Manhattan
Author: danae
Author E-mail: [REMOVED FOR PRIVACY]
Product Date: October 2005
Product Copyright: Danae Kotsi
--------------

--------------
Needed Files List and System Required:
Poser 4.01 or higher. DAZ's Victoria 3 available (free) from www.daz3d.com
--------------
Detailed Installation Instructions
Extract the zip-archive with your zip program:
- Open WinZip and press the button -Extract-
- In the window -Folders/drives-, select the folder that contain your
Poser program.
(ex. c:\program files\Poser4\ ).
- The check box -Use Folder names- must be marked.
That way, all files will placed in the correct path.
----------------
Conversion and/or application instructions
Mac users need to convert files using Maconverter (free)
--------------
Usage Tips/Limitations
- To apply the character's morphs and textures just load your default DAZ's Victoria 3 character from your figures folder. Then go to your Poses / Manhattan folder and load the full body injection poses or use the head/body only injections available. To load the main textures click on the Manhattan Setup Mat.
- All face, brow, lash, eye and lip textures are interchangeable. Create many varations by choosing a make up MAT and changing the lip make up and lash, brow, eye or / and pubic maps.
- This package contains head maps with painted on brows or no-brow, transmapped options. To use the transmapped feature load one of the face maps in your Poses / Manhattan folder. You can then use the default eyebrow color or use one of the color MATs to change the color.
--------------
Ownership statements or list of licensed source material:
All of this product's content was created by Danae Kotsi using the following sources of digital photographs:
levius (RMP) and from www.3dsk
xil and nagus
nicu 1
and my own personal collection of digital photographs
--------------------------
These files are copyrighted. The product can be used for commercial and non commercial renders. Do not redistribute in part or whole without the author's written consent.
Thank you for choosing my work.
Please don't hesitate to contact me with any suggestion, comments or feedback.

Opinion: for all the people who proclaim it is 'unethical' for Minnu to use sourced materials in the creation of her product, it is apparently perfectly well and fine that Danae use other's work as base file to create her product, which she sells at Renderosity.com. But it is not fine and well that Minnu do the same?

Fact: there is no addendum to the blanket Renderosity EULA with special restrictions regarding the buyer's use of these materials from Danae regarding this particular product. There is no restriction that the materials must be used in any specific application for a specific purpose or in a specific final format, tangible or not.


Opinion: Additionally, Danae's public profile on Renderosity includes several friends. I find it funny how there is one friend whose profile is blank. That friend has only one friend (Danae) [Renderosity Staff seem to be friends with everyone] - this person has no files for download and their "artist page" is for all intents and purposes - completely blank. Possibly just an account for the purpose of private communication with Danae. I won't make public my suspicion of whom it might be. I'll leave that for your own speculation.

[Update: to be clear, I am not accusing Danae of anything here. But rather I suspect the unnamed Witness is likely stringing Danae along, and Danae is the innocent possibly, even likely being misled in all this.]

Fact: in the debate in blog feedbacks and the forums at SL Universe and Renderosity, it has come down to some people splitting hairs over the definition of the word "rendering". I have been creating 3D art since I had my first Amiga computer and the software application called "Sculpt 3D' [I may be misremembering the actual name as it has been that long ago.] [UPDATE: I found it listed here.]

However, for the edification of those who are unclear, I will provide references from several dictionaries and encyclopedias here.
Notes: If you wish to review the complete entries, they can be found here: http://dictionary.reference.com/browse/rendering
I also have referenced my hard-cover versions of Oxford Dictionary and New World Encyclopedia.

Definitions of "rendering" [multiple dictionary and encyclopedia sources - dimming and italics are mine]:

ren·der·ing /ˈrɛndərɪŋ/
–noun
1. an act or instance of interpretation, rendition, or depiction, as of a dramatic part or a musical composition: her rendering of the part of Hedda.
2. a translation: Chapman's rendering of Homer.
3. a representation of a building, interior, etc., executed in perspective and usually done for purposes of presentation.
4. Building Trades. render1 (def. 21).
[Origin: 1400–50; late ME (ger.); see render, -ing1]

ren·der (rěn'dər)
tr.v. ren·dered, ren·der·ing, ren·ders

1. To submit or present, as for consideration, approval, or payment: render a bill.
2. To give or make available; provide: render assistance.
3. To give what is due or owed: render thanks; rendered homage.
4. To give in return or retribution: He had to render an apology for his rudeness.
5. To surrender or relinquish; yield.
6.
1. To represent in verbal form; depict: "Joyce has attempted . . . to render . . . what our participation in life is like" (Edmund Wilson).
2. To represent in a drawing or painting, especially in perspective.
3. To perform an interpretation of (a musical piece, for example).
4. To arrange: rendered the composition for string quartet.
7. Computer Science To convert (graphics) from a file into visual form, as on a video display.
8. Music
1. To perform an interpretation of (a musical piece, for example).
2. To arrange: rendered the composition for string quartet.
9. To express in another language or form; translate.
10. To deliver or pronounce formally: The jury has rendered its verdict.
11. To cause to become; make: The news rendered her speechless.
12. To reduce, convert, or melt down (fat) by heating.
13. To coat (brick, for example) with plaster or cement.

n. A payment in kind, services, or cash from a tenant to a feudal lord.
[Middle English rendren, from Old French rendre, to give back, from Vulgar Latin *rendere, alteration of Latin reddere (influenced by prēndere, to grasp) : red-, re-, re- + dare, to give; see dō- in Indo-European roots.]

ren·der·ing (rěn'dər-ĭng)
n.
1. A depiction or interpretation, as in painting or music.
2. A drawing in perspective of a proposed structure.
3. A translation: a rendering of Cicero's treatises into English.
4. A coat of plaster or cement applied to a masonry surface.

rendering
noun
1. a performance of a musical composition or a dramatic role etc.; "they heard a live rendition of three pieces by Schubert" [syn: rendition]
2. an explanation of something that is not immediately obvious; "the edict was subject to many interpretations"; "he annoyed us with his interpreting of parables"; "often imitations are extended to provide a more accurate rendition of the child's intended meaning" [syn: interpretation]
3. the act of interpreting something as expressed in an artistic performance; "her rendition of Milton's verse was extraordinarily moving" [syn: rendition]
4. a written communication in a second language having the same meaning as the written communication in a first language [syn: translation]
5. a coat of stucco applied to a masonry wall
6. perspective drawing of an architect's design
7. giving in acknowledgment of obligation

[Dictionary of Computing]
rendering graphics, text
The conversion of a high-level object-based description into a graphical image for display.
For example, ray-tracing takes a mathematical model of a three-dimensional object or scene and converts it into a bitmap image. Another example is the process of converting HTML into an image for display to the user.

Rendering
Ren"der\ (r?n"d?r), v. t. [imp. & p. p. Rendered (-d?rd);p. pr. & vb. n. Rendering.] [F. rendre, LL. rendre, fr. L. reddere; pref. red-, re-, re- + dare to give. See Datetime, and cf. Reddition, Rent.]
1. To return; to pay back; to restore.
Whose smallest minute lost, no riches render may. --Spenser.
2. To inflict, as a retribution; to requite.
I will render vengeance to mine enemies. --Deut. xxxii. 41.
3. To give up; to yield; to surrender.
I 'll make her render up her page to me. --Shak.
4. Hence, to furnish; to contribute.
Logic renders its daily service to wisdom and virtue. --I. Watts.
5. To furnish; to state; to deliver; as, to render an account; to render judgment.
6. To cause to be, or to become; as, to render a person more safe or more unsafe; to render a fortress secure.
7. To translate from one language into another; as, to render Latin into English.
8. To interpret; to set forth, represent, or exhibit; as, an actor renders his part poorly; a singer renders a passage of music with great effect; a painter renders a scene in a felicitous manner.
He did render him the most unnatural That lived amongst men. --Shak.
9. To try out or extract (oil, lard, tallow, etc.) from fatty animal substances; as, to render tallow.
10. To plaster, as a wall of masonry, without the use of lath.

Encyclopedia Britannica
http://www.britannica.com/bps/home#search=tab~TOPICS%2Cterm~rendering
See "rendering (computer science)" [subscription required - free trial available]

And, since some people believe Wikipedia is the end-all of unshakably accurate information: http://en.wikipedia.org/wiki/Rendering

Artistic rendering
From Wikipedia, the free encyclopedia
Rendering in visual art and technical drawing means the process of creating, shading and texturing of an image, especially a photorealistic one. It can also be used to describe the quality of execution of that process. This is synonymous with illustrating.
Another common use for the term, is to cut an object from a background.
The emphasis of the term is on the correct reproduction of light-and-shadow and the surface properties of the depicted objects, not on the emotional impact, composition, or other more generic qualities. Unsurprisingly, most often it is used in relation to the more exacting, meticulous techniques like pencil or airbrush.
In an artistic rendering visual information is interpreted by the artist and displayed accordingly using the chosen medium. The non-photorealistic rendering area of computer graphics develops tools and techniques to enable interpretive rendering in digital media.

And the most damming of all the references cited, as far as the debunkers are concerned with the definition of the word "rendering" as it applies to Second Life is right here.

Rendering (computer graphics)
From Wikipedia, the free encyclopedia
This article does not cite any references or sources. (January 2007)
Please help improve this article by adding citations to reliable sources. Unverifiable material may be challenged and removed.
An image created by using POV-Ray 3.6.
An image created by using POV-Ray 3.6.
[emphasis is mine]
Rendering is the process of generating an image from a model, by means of computer programs. The model is a description of three dimensional objects in a strictly defined language or data structure. It would contain geometry, viewpoint, texture, lighting, and shading information. The image is a digital image or raster graphics image. The term may be by analogy with an "artist's rendering" of a scene. 'Rendering' is also used to describe the process of calculating effects in a video editing file to produce final video output.

It is one of the major sub-topics of 3D computer graphics, and in practice always connected to the others. In the graphics pipeline, it is the last major step, giving the final appearance to the models and animation. With the increasing sophistication of computer graphics since the 1970s onward, it has become a more distinct subject.

Rendering has uses in architecture, video games, simulators, movie or TV special effects, and design visualization, each employing a different balance of features and techniques. As a product, a wide variety of renderers are available. Some are integrated into larger modeling and animation packages, some are stand-alone, some are free open-source projects. On the inside, a renderer is a carefully engineered program, based on a selective mixture of disciplines related to: light physics, visual perception, mathematics, and software development.

In the case of 3D graphics, rendering may be done slowly, as in pre-rendering, or in real time. Pre-rendering is a computationally intensive process that is typically used for movie creation, while real-time rendering is often done for 3D video games which rely on the use of graphics cards with 3D hardware accelerators.

This is not a secret, people. In fact, for anyone that has marginal 3D creation experience, this is called "duh."

Conclusion (Opinion):

This is a witch-hunt with intentional defamation and slander.

...or a bunch of really ignorant people whose education was too simple to have taught them to open a simple book of reference and spend a few minutes of doing a little research, more so since it is so much easier and faster via the Internet, including an artist who does not know her own EULA. Do I really believe any of these people are that ignorant? I honesty wish that were the case. Anyone and everyone who tries to fall-in on the "definition of rendering" argument is either pretending to be really stupid or they really, really are stupid. It is far too easy to get the information if you don't know it already.

So, in my opinion. the Herald and the original "witness" who contacted Danae, and possibly Tenshi, by extension, slanders Minnu. Danae is swept-up as an unsuspecting pawn in an SL drama-fest and many of those throwing-in their two-cents have no idea what they are talking about, and Tenshi intentionally throws fuel to the fire. Frankly, that's the way I see it.

The so-called unnamed "Witness" who originally, and miraculously discovered the similarities between Minnus creations and the product sold through Renderosity is either completely ignorant of how the 3D artists industry works, or has a serious axe to grind and was out to grind that axe intentionally looking for dirt that really isn't even dirt - or both.

I had written a paragraph here where I outright accused Tenshi of being the unnamed witness. In the preview version I had given her the opportunity to review, I made a note to Tenshi, that if she could give me a reasonable doubt about my accusation, I would delete the paragraph and publicly apologize. I am satisfied with what she has provided and this is my public apology, specifically: I am sorry, Tenshi Vielle for my accusation that you were the so-called 'unnamed Witness'.


[NOTE: Tenshi did respond to me. Though she had the opportunity to read this article, she did not make it clear whether she did or not. She specifically stated she has no further comments to add regarding this story. I consider the rest of the conversation off the record and so it will remain.]

Furthermore...

To the artists of Renderosity: get your acts together. Update your own EULA file addendums and stop accusing someone of theiving your products when, in fact, they are not. The use of your products in the world of Second Life is fully legal according to all EULA files regarding this particular situation. It can only become illegal use if the resulting product hampers or otherwise competes with your own sales - according you your own EULA. Is it the way you wanted? I don't know. But if it's not, then get to changing your Read Me files to add an addendum to your EULA. Perhaps you, too, should create your own Second Life account and market your products there. Then, at least, you'll have an even stronger leg to stand on besides your EULA alone. Unfortunately, if you become successful in Second Life, your name and method of content creation might be dragged through the mud, too. It is sad that you, too will jump on a smear campaign bandwagon, knowingly or not, without researching the facts of the case.

Shame on you.

I know that you are designing your materials for the typical 'scene' generator applications such as Bryce, Poser, Maya and so on. But as computers grow more powerful and the the 3D area far more diverse, your products will be adapted into a far more diverse set of application and uses. You really should think about this. Personally, I would think you'd be happy as that could translate into more sales. But if you feel the need to restrict the use of your materials, then restrict it.

To the participants in the SL Universe and other forums and blog feedbacks:
Note my message to Renderosity artists. Though you are mature in your debate and, for the most part, non-inflammatory posts, you also should do a bit of research rather than just taking what others say at face value, adding to the heat that causes the water to boil.

To everyone else who reads these articles:
I stand firmly behind this and the previous two articles on this sad, pathetic drama-fest unless you can convince me through factual citations that can be referenced and verified. In which case, I will gladly evaluate and recant or change whatever is needed to correct things so they reflect fact and truth.

To Tenshi: I have not quoted all your vicious, vitriolic postings at the Renderosity.com forums, except for this - the most revealing of all of them:

TenshiVielle
"Hi there. I am one of the Second Life users who have been interacting with Danae on this issue, and I would like it if the community here will please check this Second Life user's contents for any more Renderosity rip-offs. You can view some of Minnu's skin faces without having to sign up for Second Life here: http://shop.onrez.com/Minnu_Palen For viewing the rest of the bodies, I think signing into Second Life if only for a minute to check the Glam World sim (SLURL, click this if you have Second Life installed to go directly there: http://slurl.com/secondlife/Glam%20World/96/179/23 If you need any help, please feel free to email me. [EMAIL REMOVED FOR PRIVACY]"

If there ever was a question of harassment and defamation in any form: question answered.
Done.
Slam-dunk.

It is a pitiful shame that anyone would sound the trumpets to intentionally defame someone else, to rile-up the throngs, throwing torches and pitchforks into their hands and then to lead them in the charge to the "monster's" gate with intent to kill. Especially when that "monster" is no monster at all.

Thus, even if Tenshi did not start the fracas, she has (in this posting at least) taken up the banner and lead the charge.

I am not Minnu.
I don't know her.
However, if I were in her shoes in the middle of this scenario I would do the following:

First: immediately obtain legal council [according to my conversations with Minnu - she already has. Hence, her silence in this matter according to council. I have yet to hear from Danae to discuss her side of this story.]

Second: obtain on my own all the information I can about this, (i.e. what is provided and cited above [Ha! Already did it!],) then archive it and print all of it out on paper, organize and prepare it for legal deposition and legal discovery. I'd save a lot of legal fees by doing as much legal groundwork as possible beforehand.

Third: Save copies of and print the pages at Renderosity forums for legal archiving, ensuring dates of archiving and printing are included. Contact the administration of Renderosity.com and send the copies of these pages to them and file complaints against all participants of these forums who are inciting defamatory action and specifically request the entire threads regarding this situation be locked and removed on threat of legal action and that, additionally, the thread be archived for legal reference during deposition and legal discovery.

Fourth: repeat the same thing done with Renderosity.com for SL Universe.com. I wouldn't bother with Shopping Cart Disco, since it does not portray itself as a news-gathering site. Though I would certainly archive what is there and print it to paper because Danae has made comments that might prove useful in legal discovery.

Fifth: contact Linden Lab, both electronically and manually via post to file complaint against those involved. This can be done in this way: even though everything here has happened outside of Second Life, the Tenshi forum post quoted above brings it into Second Life, thereby possibly, even very likely violating Linden Lab Terms of Service. Hence, the reason to demand administrative action as Linden Lab sees fit under the TOS and also the "Community Standards" clause.

Linden Lab will not and should not be directly involved in this situation at all. The purpose is to ask Linden Lab to investigate this situation as it pertains to action inside Second Life, where Linden Lab has eminent domain.

Sixth: contact the SL Herald and provide the evidence found (as provided above) and demand they print a full-featured retraction and public apology on grounds of defamation and evidence of intentional slander. It is easy enough to prove flagrant carelessness with regard to fact-checking before the article was published. Specifically: the headline and tag that proclaims [and still does as of this writing] "Minnu Model Skins PhotoSourced from Renderosity??? Metaverse shocker -- pirated skins being sold in SL!!!" [if the headline contained my name, course - Second Life alias or real name does not matter.]

Seventh: contact any and every Second Life and Legal blog I can find, present the evidence found and ask them to write an opinion on it.

Eighth - (and this is the really big one): Contact real world newspapers and blogs such as Virtually Blind, Wired, CNET, PC World, PC Magazine and all the rest. Then, go to television stations including CNN, Fox News, ABC, NBC, CBS and others in as many different countries as possible. They always look for sensational news and this is it. They all will jump on the opportunity for a story of this type, especially since it deals with: 1) Second Life, 2) Digital I.P. Rights, and 3) the reliability of information spread through the internet (i.e. how lies and misinformation spreads like wild fire with out any citations and facts to back it up.)

And finally: pass around a notecard to anyone and everyone in-world that will take it. All my customers, anyone who visits my store in-world, send it through all my groups (any group I am a member of) and get the word spread. Put up a sign in my store, maybe even rent mall spaces and put nothing but a sign there that gives the same notecard out.

The notecard would simply say something to the effect of:

"Defamation and slander are real: visit [SL Herald URL] and [web address that debunks it] to see how it can happen to YOU."

I would include the URL to a web page where I have put all the evidence I have gathered to debunk the nonsense. I also would put this into my profile and the web address into the "web site" tab of my profile, too.

I would do all this unless and until I got a printed full-featured retraction from the SL Herald and a public apology from those involved.

So, do I sound pissed-off? Damned right I do. I don't know Minnu. I don't care. I am looking at this as a "somebody done somebody wrong song."

Now, I know there will be a lot of people in the feedbacks proclaiming I am only, even if just slightly and unmasked, really just giving my advice to to Minnu.
All I can say about that terrible accusation is: Ummm.... "duh."

I don't know if Minnu used Renderosity materials in this case. The comparison images I've seen, though compelling, are still inconclusive. The only way to know for sure is for Minnu and Danae to trade source files and compare that way. Common, people, aren't we all supposed to adults?

However, even if Minnu did use Danae's materials, as long as she acquired them legally, she is fully legal to use them as she sees fit - according to everything I've found and analyzed, which is far more work than if I were just a casual customer considering the purchase of the same materials, as long as the original materials do 'get out into the wild'.

So, that's what I'd do.

What would you do?

[Hopefully, we can now return to our regularly scheduled programming.]

[Last names intentionally omitted - Note: this is part one of the three-part series. In part one is the look at what started this whole mess. In part two (this part) we look at how everything "went wrong" here. In part three I prove beyond a doubt how this all turned-out to be a slanderous witch-hunt.]

I don't know Tenshi, (I know of her,) I don't know Minnu, (Never heard of her before now) and I don't know Danae, (Never heard of her before now,) and I don't *care*.

So, what I am about to say is regarding the SUBJECT and SITUATION. I'll use these names because they are involved in this particular situation of this subject. This is based my my research effort and interviews with a lot of people. I admit I could be wrong in my current conclusions and there are still too many 'openings' and loose ends to be conclusive.

For me, this is about hearsay and how hearsay can damage good people's reputations and even go so far as ruin lives, Second lives or otherwise. We see it all the time in real life politics, but we won't go there.

First a few updates: I have nothing at all against Tenshi. I respect her very much and I really do look up to her. I am impressed with her social success and as always, when someone becomes so popular, there will be those who love you and those who hate you and those who love to hate you and vice-versa.

Apparently, Tenshi accidentally omitted mentioning her attempts to contact Minnu regarding the accusation against her. I have no doubt the adrenalin was flowing rather strongly during the assembly of her story, so I can see how that omission occurred. Unfortunately, it's a very important piece of information. And I would hope Tenshi edits an update to clarify this omission. I am sure she will, both at her blog and at the Herald.

I also have updated the first couple paragraphs in my original story to better clarify my intended statements, that Tenshi's original story appears to be defamatory in it's presentation, and not that it was any intent of hers.

I am also referred to the feedback comments on those blogs for additional information to the original story. However, I believe this 'argument' to be moot. Feedback comments are not and, I believe, should never be considered part of the original story. Feedback comments are just that: comments. In other words, opinion after the fact. If new information comes out in the comments, then the original story should be updated with that information. Feedback comments are simply not part of the story in my own belief.

I am not, nor have I ever intended to accuse Tenshi, or anyone else of slander or any other intentional defamation. As I've said, I have updated my story to clarify this. My position is that the original story as written appears to be defamatory in nature.

As for Minnu's past comments on the source or otherwise method of creation of her products - I don't know and to me it is hearsay and not within the scope on my own story. So, I will leave that one to the legal eagles and set any comments about that to the side.

I do not want to focus on the actual alleged theft per se, but rather on the way the original story as written by Tenshi can have such a profound impact on a lot of people, and in potentially serious misleading ways. That is the thrust on my purview here.

Now, on to my intermediate article:

To be perfectly clear - all of what I am about to say here in this article is my opinion and perspective. It is not my conscious intent to accuse anyone of anything. Furthermore, I feel Tenshi has likely become an unwilling participant in all this, as she was simply reporting a story brought to her. I do feel she has left some very important information out of her original article that give it the appearance of defamation. However, this whole situation has grown way beyond any (if any) direct involvement by Tenshi, other than what I state my beliefs are below.

My determinations in the "Skin Theft" subject of the day are as follows, thus far:

1) Everything here is alleged, not proven. Thus, many of the comments on the blogs and SL Universe and Renderostity threads are strictly rumor and innuendo. They are wrong until proven right - which is backward from how it should be.

2) Using the word "rip-off" or "stolen" or any other word of similar definition is just plain wrong unless convincing evidence is provided, I have not seen any. Yes, the graphic comparisons are there, but they are inconclusive. Purchasing outsourced product to use in your own creations is not theft, unless those sources are obtained illegally to begin with, or your use violates the End User License Agreement (EULA). It is done in SL content creation 90% of the time, both legally and illegally.

3) According to my own research (and I did research - and still at it) - Minnu is fully with-in the EULA that came with the product *IF* she purchased the product from Danae, as that EULA is presented publicly before sale. Unless Danae has a specific EULA that is different from the publicly posted EULA available before purchase, in my mind Danae does not have a legal leg to stand on, unless she can show that her source material was obtained illegally by Minnu.

Burden of proof is on Danae.

Comparison images are not proof. Hence, in my opinion, the reason this "fight" is being carried out in blogs and not in court. It smells to me like a defamation effort. Not necessarily by Tenshi or even Danae, but rather the original, as yet unnamed 'witness' that 'noticed' the similarities between Minnu's creations and Danae's.

Note: there still is a question of whether Minnu's source material is actually the same source material created by Danae. That is for Danae to prove. Again, comparative imagery is inconclusive.

My observations in the matter based on my own research, and I could be wrong, are as follows (I will write a follow-up story in the next week when I hope to have more definitive factual information):

1) Some SL user who still remains anonymous somehow 'accidentally' noticed Minnus skins look very much like the ones in question from Danae at Renderosity. If it was accidental, it's one hell of an observant person. If it was not, then there was originally an 'axe to grind'.

Intended defamation?
My take: most likely an intentional inflammatory gesture - but there is nothing against the rules about intentionally looking for 'dirt' on anyone.

2) The still unnamed "witness" contacted Danae at Renderosity to "notify' Danae that her product is being stolen and used in SL. Either the "Witness" or Danae created the graphic comparisons. This alone strikes me as odd and it seems to indicate a witch-hunt off the get-go.

Questions: were these comparison images created before or after Tenshi was contacted to do the story? Was Minnu contacted directly by the "Witness" before the Witness went to Danae for an opportunity to rebut? Did Danae contact the accused before contacting Tenshi for an opportunity to explain or to demand a cease and desist?

This all looks very suspicious to me.

3) I have lurked the Renderosity forum threads for a few days. This all was basically a non-issue there until a large post (first post, thread started by as far as I can tell) by Tenshi, proclaiming Renderosity material being "stolen" for use in SL, with a link to her story on Shopping Cart Disco - which was already written and publicly available. It was an inflamatory, alarmist posting designed to 'ruffle feathers' in my opinion.

This looks highly suspicious to me. It would appear that Tenshi is the initial instigator of this entire drama circus on the Renderosity site. Again, this is the appearance and I could be wrong.

However, because I have made a strong effort to actually research what is really going on with this situation, if I am wrong, every single comment in these forums and blogs here and there also are wrong because it is all opinion (your right) based on what people are saying and without any evidence of fact, whereas I am trying to find actual fact. In other words: potentially damaging hearsay.

4) At first blush, it is likely Minnu is 100% legal, if she actually purchased the product from Renderosity as the EULA's (that I have been able to find) at Renderosity clearly and easily allow not only those products to be used inside SL, but also to be sold inside SL as long as they are clearly derivative works. Hence, as long as you do not sell the texture images alone - it's legal.

The EULA's I have found all describe the same basic fact: in layman's terms -

Yes, some will point to 'ripping' tools that allow you to extrapolate images and textures and all that from SL: i. e. "copybot".

However, these tools are "hacker" tools and therefore, do not apply to the purchaser of these materials as they have no control over the use of those tools as long as they do not themselves provide those tools. Thus: that point is moot.

5) I have attempted to contact Danae at Renderosity and have yet to hear back from her. Though I admit my attempt may not have been successful as I wasn't actually logged-in on those attempts. I have sent her several questions that I have not yet received answers to:

I also have sent a notecard to Minnu in-world asking for the following questions to be answered and have yet to receive a reply:

[UPDATE: Minnu has returned my contact request. I will continue discussions and include my findings in my final post on this subject, hopefully in the coming week, after Danae has had a chance to respnd.]

I see these as the appropriate questions to have been asked of each party before the original story was written by Tenshi. Though I also understand the urge to get the story out very quickly. If she did pose these or similar questions, then why weren't the answers (or denial of answering) mentioned in her story at all? Omission by accident or not, I would think that by now, she would have updated her story. Though I am told, in her defense, she is away for the weekend, so the time line to corrections is understandable.

6) Why was Danae referred specifically to Tenshi instead of to the Lindens? This gives me the impression of a witch-hunt, - not necessarily by Tenshi, but rather by the one doing the referring: the unnamed "Witness"- as it is well known that Tenshi has a hugely popular blog and also writes for for the SL Herald tabloid blog, known for its alarmist and sensationalist articles, (hence, my description of "tabloid".)

7) If Danae has retained legal counsil, why is she participating in feedback of the Shopping Cart Disco blog and others, where anything and everything said there can be used against her in a court of law as a matter of fact and not 'hearsay' with regard to her comments?

8 ) Why, if her blog is so popular, would Tenshi repost the story verbatim (save the changing of one inflammatory headline and tag to another inflammatory headline and tag) to the Second Life Herald, a tabloid blog known for its alarmist and sensationalist articles?

In the end, it is my genuine impression on the face of it, not knowing any of these people and trying very hard to remain as neutral as I can, that:

Unless the answers to the questions posed to these individuals are different than expected...

A) The accused is fully within her rights and legal in her activities with regard to the question of legality in the use of these materials - regardless of what the original creator proclaims, providing the source materials were obtained legally.

b) Since the full details of fact regarding how the source materials were obtained and from where, it cannot be claimed as fact that the source materials are "stolen" or "ripped-off" in any form. Benefit of doubt is by law. Burden of proof is on those making the accusation.

c) I have yet to see any proof beyond a 'reasonable doubt' - thus making all the comments and statements made to this point: *defamatory* in my opinion.

I am not a lawyer and I have no legal experience, other than I know my rights and I also know my rights are the same right you and everyone else has.

As for Minnu not making statements or other comments, it is likely one of two things: remain quiet and let it all blow-over, or follow legal council and let it all out in legal proceedings in a court of law.

People simply do not realize - regardless of what you think Renderosity or Second Life is - game or not - there are real life legal issues here at play and it can be very dangerous if you simply throw words around without much thought. Especially when it comes to Intellectual Property and accusations of theft in any form.

As for purchasing source material from Renderosity or anywhere else, unless the EULA specifically is strict enough with regard to the use of those materials - it is perfectly acceptable to use those materials in the creation of content with-in Second Life.

In the end, it all looks to me, at this point, to be a witch-hunt that has turned into a smear campaign and the good people of Renderosity and SL Universe and other blog readers are being swept-up in the dramatic nonsense and willingly or unwillingly participating.

Now, to add to the confusion: I have received a lot of information from many people, blog links, IM quotes and all that stuff. It would be far from me to proclaim Minnu, or Tenshi as angels. Hey, we all are human.

In fairness, I have recently reviewed many of Tenshi's past blog articles where Minnu was the subject. None are really anything special with regard to any kind of appearance to a 'defamation' sense. In fact, they all look like genuine and, perhaps a bit elitist, fair criticisms of some of Minnu's creations. In fact, one was a detailed and fair retraction of an article created previously.

My point is that I do not think Tenshi a bad person, neither do I look down my nose at her or anyone else. However, a situation such as this particular one can become very volatile, very fast. I'd hate to see good people get wrapped-up in serious business that could hurt them. And I am speaking of all the parties involved.

Tensions are high and with that, words and accusations will fly. Personally, I really do hope all the parties involved will find an amicable way out of this mess and we all can go back to ripping on Linden Lab about the crappy way Second Life frustrates the hell out of us on a daily basis. :)

As for me - I prefer to remain up in the clouds maintaining as neutral as possible a view on the whole picture.

I expect to write a final 'chapter' on this issue in the coming week after the parties whom I've requested answers from have had a chance to respond.

[Update: yes, there is a part three. and it's the big Kahuna. it is already written and posted. However, it is marked private to give all three participants of this saga an opportunity to review and rebut. Link coming soon.]