Socially|Mundane

[Note: this is part one of the three-part series. In part one (this part) is the look at what started this whole mess. In part two, 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.]

Tenshi Vielle is accusing, on behalf of the 'original' creator at Renderosity, that a skin is being [allegedly] pirated through out Second Life all because it is sourced from the other 3D online store.

This is dangerous speak. It's [it appears to be] defamatory, slanderous and possibly malicious. How is purchasing something somewhere and using it somewhere else, within the license afforded during purchase, "piracy"? So, until the original creator, and in turn Tenshi provide proof positive the original end user (purchaser) license has been violated (they have not that I have seen) - then they are both skirting legal action, should the accused choose to take that route.

I know the bloggers over at Shopping Cart Disco (specifically: Tenshi Vielle) are supposedly just reporting what they receive in terms of information and accusation, et al. However, was it appropriate to post such 'news' before getting the other side of the story?

[To clarify - this article is not about the accusation itself, but rather about the posting of a blog story that does not appear to be based on fact, but rather hearsay alone. In Part two, it begins to look like slander. In part three it is about slander and proven to be so.]

The headline there:

This is a hugely false, flat-out malicious headline intended to gain readership and nothing more. In fact, it's complete fantasy and borders on a lie. Tenshi: Please provide documentation on your accusation. And the first sad thing about this headline is that the story mentions absolutely nothing about the 'dozens'. In fact it focuses on a single accusation from a single Renderosity merchant.

It's no wonder the 'fashionista' world of Second Life is a dramatic nightmare. The drama seems to just feed on itself. But borderlines, in my mind, on the illegal and definitely the unethical. A lot of "smear campaigns" happen in that world, so I can't help but to wonder.

Regarding this story, before it was posted: an attempt at least should have been made to contact the counter party (accused) to get their side of things. If such an attempt was made, it wasn't mentioned at all and that would be poor 'reporting'. Thereby, this makes the entire post, and the original plaintiff potential slanderers. (And anything 'added' in the feedback portion of a blog doesn't count. Only the original story as posted.)

Too many bloggers are far too quick to "get the scoop" and sensationalize things way out of proportion. Too many do not exercise the responsibility they should. Now, the reason the blog post could be slanderous is because it's presented as 'news.'

Not over at Shopping Cart Disco - that blog is clearly an opinion and gossip blog and everyone has a right to opinion and gossip. What makes it slanderous is that the posting was replicated at the Second Life Herald. Already a controversial, alarmist tabloid, the SL Herald tries to pass itself off as a serious news blog about all things Second Life.

What makes this story a potential slanderous time bomb starts out with the headline and slug from the Herald:

Minnu Model Skins PhotoSourced from Renderosity???
Metaverse shocker -- pirated skins being sold in SL!!!
by Tenshi Vielle, fabulous fashionista - courtesy of shoppingcartdisco

Red emphasis is mine and the very first statement that makes this a potential case of malice.

Now, I am not actually accusing Tenshi or the original Renderosity merchant of malice, defamation or slander. I am simply pointing out that this whole scenario certainly appears to be that way.

Okay, to quickly fill you in with out too much detail (you can read the original posting and comments - link below): A creator in Second Life known as "Minnu" is being 'accused' of purchasing skins from Renderosity.com. Repurposing those skins into use for Second Life and sold as their own creations.

I have been creating 3D art since the mid 1980's and I am highly familiar with the industry, the software used and all the add-on tools and textures, etc. Renderosity is a depository where Poser and Bryce enthusiasts can obtain for free or purchase, models of figures, objects, clothing and textures for use as they choose. This use is usually within Poser or Bryce, two highly popular 3D art creation applications; Poser for humanoid figures and Bryce for landscapes.

So, here is why this story is potentially slanderous: when purchasing these items, including textures (skins are considered textures) the end user license usually states that the purchaser is free to use the items to create derivative works and must create derivative works and may not redistribute for any cost or freely the original works.

So, unless the specific license for the skins in question, purchased at Daz3d.com, Renderosity.com, Renderotica.com or any other location on the 'net or anywhere else specifically states that it cannot be used in any other way, other than in Poser or Bryce or whatever restriction the original artist requires... then this story is malicious at worst, slanderous at best.

The question is: what does the original license say?

The big hoopla about all this is that a resident in SL "noticed" the similarity of Minnu's skin to those available for sale at Renderosity. Notified the original creator who sells at Renderosity and that creator contacted Tenshi Vielle over at Shopping Cart Disco, and she wrote and posted the story (in both locations.)

Now, speaking of questionable: Tenshi then posted the same story, word-for-word to the SL Herald, where she is paid to write, and including a link back to her blog at Shopping Cart Disco. Can anyone say 'double-dipping'?

But, I digress.

So there have been accusations about Minnu posting notices asking people not to steal content... prevent I.P. theft. Now because of this 'story' people are proclaiming Minnu a hypocrite, when Minnu actually may not be.

And what of Tenshi? Is she a hypocrite for writing her story (in sensational, alarmist fashion, I might add) and posting it on her blog - then waiting a day and posting it to a "news" blog, getting paid for doing so, and in the process steering people away from the news blog back to her own?

I won't go so far. You can decide that on your own.

I will say this...
Minnu: Speak-up.
Did you receive a cease and desist notice from the original creator at all?
Does your license allow you to create derivative works?

I say if the answers are "no" and "yes" respectively, then you have grounds for a slander, possibly malice legal action against the original creator for creating this situation and spreading rumor without contacting you, first. And again for the 'news' stories that are causing defamation. Yes, throw-in a defamation suit while you're at it.

It's not your fault the original creator didn't think to enter Second Life and do what you did: take the work already created and plaster it all over SL and make additional money from it.

Now, after saying all of this, I want to make this part clear: I live in the United States. And here, you are legally innocent unless proven guilty. Thus, I give Minnu the benefit of the doubt. So, until the original artist produces the end user use license, it's all hearsay and possibly malice. Burden of proof is on them. Unless Tenshi can produce the proof provided by the original artist, it's defamation. If she does have that stuff and didn't include that information in her original story, then it's sloppy reporting.

Everyone is wondering when Minnu will respond. Has anyone even contacted Minnu to say "oh, by the way, you're the subject of a really nasty, alarmist news story and being accused of pirating your skins, care to respond?" If Tenshi has, she hasn't mentioned her attempt at all. Sloppy reporting at best, maliciousness at worst.

This is serious shit, folks.

Look, I'm not trying to make Tenshi out to be a bad person. Honestly. But let's face it, everything on the public record points to some questionable motives on the part of the Renderosity merchant and questionable reporting methods of Shopping Cart Disco and, by extension, the SL Herald.

On the other hand, if Tenshi is able to produce all her research and documentation, then I hereby officially eat and swallow every word I've written about this and will be first in line, pitchfork and torch in hand demanding Minnu be drawn, quartered and burned alive at the stake (not in that order, of course.)

So, Tenshi... cough-up. Where's the actual evidence this Renderosity vendor provided? Until you produce that, I'll stand with Minnu and anyone else who stands accused of theft.

From Shopping Cart Disco and mirrored at Second Life Herald:
"One sharp-eyed Second Life community member did notice that a skin she purchased recently was stolen from Renderosity.com - and emailed the creator, which in turn caused the creator to email me to ask for help and find out how stolen things were handled in Second Life. I guided her towards a DCMA, but I would like to share her email and accompanying screenshots with all of you."

Renderosity.com: Losing content to SL users dozens of times a day!

[Update, there is now a part two and a part three to this story that just doesn't want to die. In part two, I look at things logically, from as neutral a standpoint as I can. In part three, I am hoping ti kill it, once and for all.]