PostHeaderIcon Balance Your Life (Meaning Both: Second and First)

hysteriaAre you hysterically paranoid about the new “copybot” grid viewers?

And - isn't it radically ironic that Second Life residents will blast Linden Lab for acting to enforce their own Intellectual Property Rights (made to be BAD GUYS), but yet blast Linden Lab and shout shrill diatribe when their own (Residents) Intellectual Property Rights are offended - i.e. "copybot" (GOOD GUYS)? Cake + Eat = Sour-taste.

[Update: and I just read this at Not Possible In RL blog: "Animators in Second Life strive so hard to emulate the graceful movements of real professional dancers through precision motion capture, but the animation I adore and would miss the most is my trans/copy SkybornFly. I know I've had it since January 2008 because I remember handing out copies of it like there was no tomorrow at Komuso Tokugawa and MoShang Zhao's fabulous realtime jam and prototype event..." - uh... WTF? (emphasis mine) - and she didn't even know who the creator was until now. Complain about copybot or "theft"in general lately? I mean - if you didn't know who the creator was, how could you know if the license allowed you to throw it around so willy-nilly? (If it's a custom animation made for you - then clarify - but you say you've never heard of him... things that make you go 'hmmm'.)  (Source)] [Edit: I want to clarify that I am not accusing Ms. Tizzy of anything. Comments below explain why I am using this.]

(Back to regularly-scheduled diatribe):
If you’ve read Hamlet”s post about Linden Lab Incident Reports at New World Notes and all the comments to it, you don’t need to read any further here. I read all those comments and it seems everything relating to “breaking the rules” on the Second Life grid always causes the ‘copybot’ theme to rear it’s head.

The current shrill paranoia is with regard to the new open source free viewers in the wild that allow the user to copy prims (rezzed and worn by others) and textures (layered and baked) with only a few clicks. The panic seems to be reaching a fever-pitch…if you follow blogs about Second Life that is… and as I’ve spoken about in the last couple posts I made here.

My comment there at NWN was more directed to all those other commenters rather than the original article, and I got a bit verbose as I often do. After posting I looked at it and felt it was a bit long and decided I’d just repeat it here because I make a few more points that speak to what I was trying to say on my last post and I want to have my comments “archived” here at Common Sensible.

In my reply I directly answer a couple other commenters, but also largely toward one particular comment, so I will quote them in truncated form here before I dump my own rhetoric onto the page for your ridicule.
Ann’s [Otool] cryolife detector is a great tool, but increasingly, I am seeing people who are undoubtedly using “that” viewer to hide their client version. This typically shows itself by coming up with a “?” in the radar on Emerald (unless they have decided to clone a different viewer).

I stood next to a friend’s store last night changing the texture on a statue to stop someone from copying it, this person had hair on that they had created themselves the previous day - was named “hair - Liz” in their own language. In the end they either managed to copy the statue while I was changing the texture on it every time they changed it back (it’s like two clicks to copy a linkset), and they went, or I stopped them and they gave up.

My friend AR’ed, but what will be done? We have no proof apart from the hair and what they were doing.

- snip-

Ann is right .. I believe the vast majority of theft is personal use - you cannot file a DMCA for that.

So what happens when you know something is being copied, or you are 99.9% certain? You have no proof. There is nothing physical to be seen, unless you manage to find it inworld [sic] after the event - and that’s not really likely is it?

There’s no safeguard, no comeback, and soon no point in making content.

- snip -

Posted by: Toxic Menges | Thursday, October 01, 2009 at 04:48 AM
[at New World Notes]

In my reply, I speak directly to the claim that viewers that appear with a question mark in the Emerald (or Kirstens, et al) radar. This commenter proclaims any viewer that cannot be identified in the built-in Emerald radar is one of “those” viewers (that allow “ripping” of prims and textures.) And by the way “99.9% sure” is not “sure” - there is still doubt. This is why the Abuse Report will go nowhere, as it should go nowhere.

Guess what, even the Linden Lab official viewer and Snowglobe appear as a question mark (?) in the Emerald viewer. So I suppose if I use Snowglobe and create and wear hair that I happen to call “Hair - Torley” that I am evil because I’m a copybot-ripper? Sheesh. Why would I call my hair that? How about “Hair” so the name is easy to search for in inventory and how about “Torley” to name the “style”?



There also was some comment by someone else about how these other viewers, such as “Cryolife” are “unauthorized” viewers. There is no “unauthorized” viewer. Using it to actually break Intellectual Property rights is a violation of TOS and CS, but using the viewer itself is not an offense. No more an offense than owning a gun and never using it in the act of a crime. For those in the United Sates, research the Sony versus Universal Studios “Betamax” suit.

To summarize: Universal Studios basically argued that the Betamax Video Cassette recorder could be used to “copybot” movies (shock! ZOMG!). However, the Supreme Court eventually found that the device facilitated substantial useful purpose more than the potential abusive purpose and thus, video-tape has changed the way we all enjoy our private entertainment and edification studies.

The issue at hand isn’t the existence of these “ripping” viewers, it’s how they are used. The sheer panic, paranoia and hysteria surrounding what they can and might, maybe, possibly be used to do. If there is an earthquake on the other side of the world, will you lose sleep in a panic-induced worry a tidal wave will wipe-out your beach-house? That’s more or less what people are doing. Concern, yes. But outright nail-biting worry?

Thus, those in panic mode need to really get a grip on reality and seek a return to a little healthy balance between their first and “second” lives before they blow a gasket over the status of ‘toys’. Thus, my comment at New World Notes (with additional commentary and repeated here for my own archival purposes):

**********

Wow.

Just… wow.

First, there is no “unauthorized” viewer. Yes, even “cryolife” is “authorized” on the grid. Is that good or bad? You decide. As you think on it, think about the freedom of speech argument (those of you in the U.S. anyway). [In hindsight, the argument for the second amendment of the United States Constitution - “The right to bear arms” would have made a better example here —Ari]

As for copyright violation: personal theft is not a copyright violation. The simple transfer of a product from one person to another does not violate copyright (regardless if it is paid for or not, authorized or not) - else we all are in violation based on everything we own in Second or First Life. [My argument here is that it does not become a copyright violation until to begin to distribute to the public at large. Even if you give to friends and known acquaintances it falls under fair use. So, “personal use” in my point means literally. —Ari]

I agree most “ripping” of content is likely personal use. Most people are basically honest (I know it’s not a black and white issue - so I mean to say they lean heavily toward honesty and more away from dishonesty) and wouldn’t try to resell these things they’ve “shop-lifted”. [Digital Rights Management is meant to keep honest people honest and most people are honest. In the case of ‘ripping’ in SL, I believe most people are honest enough that they might go dishonest just enough to steal a copy of something for themselves, but not dishonest enough to redistribute it. —Ari]

Then there are the idiots who do ‘rip’ content and turn around and resell it. [Which I believe to be a water-drop in a five-gallon drum among all those who do steal content, and they being a water-drop in a lake as compared to the entire population of Second Life. However, the squeakiest wheels always make the biggest waves and get the most attention. The shrill minority as far as I’m concerned. —Ari]

Either way, I genuinely believe the “problem” of ripping is a minuscule amount as compared to the grid “population” as a whole with regard to the ratio of ‘honest’ people versus ‘dishonest’ people (shop-lifters) and only a tiny fraction of those ‘shop-lifters’ are actually crude enough to try to resell the content. Litterally an eyedropper drop of water into a lake. It is the most vocal who are violated that make the ‘news’.

This doesn’t mean it’s nothing to be concerned with. I just believe there is too much hype and hysteria going on. [Frankly it seems to be turning shrill. The law suit by Stoker Serpentine isn’t helping as many people are using that as a catalyst for uneducated, sloppy and loose argument and reason to turn paranoid over it all. The law suit has nothing at all to do with copybot or ‘ripping’. It has to do with Linden Lab’s ability or choice in acting upon a DMCA report, and their alleged complacency in ‘knowing “illegal” activity persists on the grid” and not doing anything proactive about it. This lawsuit will fail as Linden Lab to my knowledge and understanding based on all I have researched is doing everything by the letter of the law. So Stroker should be suing the U.S. Congress. Ari]

As for the comment above about how a viewer shows-up as a question mark (?) in the radar of Emerald (and other grid viewers with this capability): this does not mean it is a ‘naughty’ viewer. I use Emerald myself - however I have particular features turned off and I am often asked why my viewer shows as a ?. So does Meerkat and I believe the Imprudence and so on. A viewer that does not report what it is does not a “ripping” viewer make. [It’s true, if one actually reads the detailed documentation of the Emerald viewer, there is a portion that explains if you do not have certain “protections” turned on, your Emerald viewer will not report itself to other Emerald viewers as an Emerald viewer. Also, see my comment above about the Official Linden Lab and Snowglobe viewers. —Ari]

The problem here is that there are too many loose assumptions being thrown about. Guilty until proven innocent? That seems to be the case here. [Imagine yourself using the Snowglobe viewer, wearing hair you have created that you’ve chosen to name as described above, and going into “Edit” mode to discover the creator of a wonderful statue you might be interested in purchasing. Suddenly - you are ejected and banned because you are assumed to be ripping the statue. Pathetic. —Ari]

As for creators who decide to stop creating because of the very existence of these things: that’s your choice. Then they ‘win’. Perhaps you should focus on actually trying to enjoy SL. Build for yourself - for fun, rather than trying to take it all so seriously as though it were a life or death struggle. [Problem: you are taking your “Second” life way too seriously. You need to get a “Real” life and refocus your priorities in a bad way. —Ari]

Some of you might blow a gasket if you aren’t careful with all this paranoia. Second Life is an entertainment MMO and platform. I remember back in 2006 the shrill shouts to Linden Lab demanding a means to “back-up” prim creations because of the ridiculous instability of the grid at the time. [Edit: I just remembered... take a WILD EFFING GUESS as to what the creators of the original copybot said they were trying to do!]

So now that capability is here, but because (like Video Tape) it can be *misused by some* it is suddenly the evil incarnate. I suppose we all want our cake and to eat it, too.  [The old “be careful what you wish for as you might just get it” scenario. Look at what the U.S. Government looks like right now for example. —Ari]

Please understand my comment here is not to make light of the situation. But rather to attempt to put things into a more realistic perspective. [Read: don’t put more effort into worrying about what happens on the grid than you do in worrying what happens in your real life. It just isn’t that important. —Ari]

The example of the person wearing a hair prim that *appeared* to be a “rip” (How do you know they didn’t actually create it - did you ask them?) and attempt to copy a statue while you worked on it… as to the hair: so what? [(snark-on) Oh, but even though this person really did create their hair and named it as I exampled above and were just checking creator on the statue, you were sure enough to actually file an Abuse Report (and likely banned them)? Wow. Just effing wow. ( /snark-off) —Ari]

That is not a lost sale because that person is too cheap to buy anyway. They would never have been a customer to begin with. As for the alleged theft of the statue… how do you know they stole it? Did they rez a copy of the statue right before your eyes? [Read: Even if that person was ripping your stature and that hair - they are too cheap to have purchased anyway. So it really isn’t a lost sale. Rather just another copy on the grid, that’s all. get a clue. Just like Adobe proclaims a bazillion dollars in lost sales because most Second Life creators who whine about copybot and I.P. rights are using pirated copies they haven’t paid for - they never would have purchased anyway - they would find an alternative - so it’s not really a lost sale. Talk about bullshit-spin.—Ari]

If not then you are the evil incarnate because you are now paranoid, presuming everyone in sight to be a thief. Guilty until proven innocent by virtue of suspicion alone. I am not saying you are wrong or right. [Note the “snark” tag above. —Ari]

I am saying that you are losing sleep over something that firstly nothing can be done about by you, me, anyone else, even Linden Lab. And secondly, something that is meaningless in practicality and the larger scope of things. [Larger scope: real life concerns. —Ari]

I am not defending people who do this stuff. I am saying we all need to get our priorities in order rather than running around with pitchforks and torches in our hands looking for any excuse to use them. [Most, if not all these paranoid people are now on witch-hunts and will be convinced that copybotters are constantly in their midst, without actually making a genuine effort to find out, first, because it’s easier to just A.R. and ban people than it is to file a real DMCA the way the law requires. And then they will wonder why no one comes to buy from them any more, and presume it’s because of copybot, rather than a sucky ‘economy’ is the cause and so they will A.R. and ban more people and the spiral downward begins and speeds-up as they go. Then they blame Linden Lab for not doing what Linden Lab is even capable of - for their spectacular crash into the ground—Ari]

You can earn yourselves ulcers over the wrong reasons. As for copyright and Intellectual property rights, if you are serious about your creations in Second Life that you lose sleep over the fear that someone *might* come along and steal a copy, then register it, perhaps even file a patent? [Wrong reasons: over anything Second Life rather than first life. —Ari]

If your creations are that important to you then a federal registration is the appropriate way to handle it. I will not call Second Life a “game” as I know better. But at the same time if so much of your real life concerns and fears are based on the grid and what goes on there, perhaps a reevaluation of your life priorities are in order? [You have no say and no proof that your creations are actually yours until you register them. Until then, it’s your word against anyone else, unless you can actually convince Linden Lab to dig through system logs to prove otherwise. Oh, but that requires an actual lawsuit that is likely un-winnable, doesn’t it? —Ari]

I have been copybotted last year. I agree it is infuriating. It is flustering and I will not deny the anger that bubbles-up from it. But at the same time, I know the majority of people on the grid, those people who never even see these blogs, the ones who run around Zindra with prim-genitals all day look upon the Second Life grid as a *game*, and entertainment, a diversion and cannot be counted-on to consider taking anything on the grid, including creations seriously at all. [You and I might not call it a game. But we are only 1 in 10,000 of people who do think-of, look-upon and call Second Life a game. —Ari]

This is why it is a “losing battle”. I agree awareness is important. But anything beyond that, especially the high blood-pressure that arises from just the very thought of all this stuff is a reason to reevaluate the value and worth of the Second Life grid as a whole with respect to rest of your life and exactly how it fits-in and what priority you are giving to it. [Meaning if you are so paranoid about anything copybot, you actually think your creations are worth the effort to copy (most aren’t - including my own), and you need to get your priorities straight. Not to mention your hyping about how wonderful the Open Simulator (OpenSim) project is - just wait until you start creating things there.—Ari]

So my advice is: Breathe. Nice and slow, in through the nose, out through the mouth. Now close your eyes and go “mmmmmmmmmmmmmmmmmmm” and a soft, low tone. [Think: Ghandi. —Ari]

Source: New World Notes

art: Anna Eppel
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