PostHeaderIcon Skin Piracy Scenario = Fashionista Hornet's Nest



[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.]
blog comments powered by Disqus

Blackthorne™ ≠ inSL

Search This Blog

SL Grid Status

Mundane History