Socially|Mundane

[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.]