DMCA

DMCA
Digital Millennium copyright act
Linden Lab will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

Please note that these notifications and counter-notifications are real-world legal notices provided outside of the Second Life environment. Linden Lab may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law - the privacy policy for Second Life does not protect information provided in these notices.
To File a Notification

A written notification must be made. This can be done either by fax or written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. The notification must:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own).
2. Identify the in-world item that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item in-world. For example "The allegedly infringing work I am referring to is located on the map area labeled 'Freelon, 104,30,56'."
3. Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.
4. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to "prove" substantive claims.)
5. Include the following statement: "I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper

Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that an in-world item is infringing your copyrights. We recommend contacting an attorney if you are unsure whether an in-world object is protected by copyright laws.

Send the written document to the designated Copyright Agent at Linden Research:

Linden Research, Inc.
Attn: Designated Copyright Agent
945 Battery Street
San Francisco, CA 94111

Alternatively, fax the document to (415)520-9660. On the cover sheet, please write ATTN: DMCA NOTIFICATION
To file a counter-notification:

1. List the in-world items that were removed by the Second Life administrators, and the location at which the material appeared before it was removed. Please identify the object in sufficient detail, and when possible, the UUID.
2. Provide your name, address, telephone number, email address (if available).
3. State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or San Francisco, California if your address is outside of the United States).
4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
5.
State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
6.
Sign the paper.

Send the written document to the designated Copyright Agent at Linden Research:

Linden Research, Inc.
Attn: Designated Copyright Agent
945 Battery Street
San Francisco, CA 94111

Alternatively, fax the document to (415)520-9660. On the cover sheet, please write ATTN: DMCA COUNTER-NOTIFICATION
FAQ

How do I make a DMCA notification or counter-notification?
Please follow the instructions above precisely, including only the enumerated information. Inclusion of any information beyond the specifically required information and optional information listed above could significantly impede review of your attempted notification. You may find it simplest to cut-and-paste the numbered items above and use them as headings for the information you are submitting.
How does Linden Lab determine who "wins" and "loses"?
Linden Lab does not adjudicate the substance of the copyright claim: we do not declare winners and losers. Your copyright in an item is determined in the real world, by real-world processes including the DMCA. The DMCA process allows users of an online service to resolve copyright disputes using the adjudication systems available in the real world.
Can I submit my notices over email?
Unfortunately, email addresses posted on public website pages quickly become the target of spam, making it difficult to review legitimate communications. Please submit information as requested above; if digital files are necessary to identify materials in question, we can make arrangements for digital delivery.
Can I sign notifications and counter-notifications with my Second Life avatar name?
We will not accept notices that are not signed by a real legal person. The DMCA process is a real-world process with real-world ramifications.
I don't agree with the required statements. Do I have to state these things?
We will not accept notices under the DMCA that do not include the statements required by the DMCA.
Can you change the DMCA process?
The Digital Millennium Copyright Act is federal law, passed by the United States Congress. Linden Lab does not have the power to change congressional acts.
Why is Linden Lab imposing liability for damages for false claims of copyright infringement?
The liability for damages for false claims is a provision of the DMCA, which was not written by Linden Lab. Note that these damages and legal fees can be significant, for example http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/.
Can Linden Lab give me legal advice concerning my claim?
Linden Lab cannot provide legal advice to you. If you are uncertain about any legal issues, you are well-advised to obtain the services of a competent legal professional.
Do you terminate accounts based on DMCA claims?
If Linden Lab believes that a user of Second Life is continually abusing the DMCA process, either with filings that appear to be without basis, or by continually re-posting content that is the subject of valid DMCA notifications, we may exercise our right to terminate the abusing party's account. Keep in mind though, that Linden Lab's actions still do not determine the substantive outcome of copyright disputes. Copyright matters are real-world rights, governed by real-world systems.
Where can I find more information about the DMCA and other copyright laws?
There are many available resources on the Internet. Linden Lab is not responsible for the content provided by these other resources, but we have found the following to be informative:

A summary of the Digital Millennium Copyright Act can be found at:
http://www.copyright.gov/legislation/dmca.pdf

The text of the Digital Millennium Copyright Act can be found here:
http://www.copyright.gov/legislation/hr2281.pdf

The U.S. federal copyright code is here:
http://www.copyright.gov/title17/92chap5.html

More government-provided information on copyrights can be found here:
http://www.copyright.gov

Many universities maintain useful public information regarding copyrights, including:
http://www.law.cornell.edu/wex/index.php/Copyright
http://fairuse.stanford.edu

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and make use of personal information. The following outlines our Privacy Policy.

When accessing our Website, will learn certain information about you during your visit.
Similar to other commercial Web sites, our Web site utilizes a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and Web server logs to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web site, and the Web sites visited just before and just after our Web site, your IP address.

What Are Cookies?
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a Web site, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each Web site can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a Web site to access the cookies it has already sent to you, not the cookies sent to you by other sites.

IP Addresses
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer.
IP addresses are automatically collected by our web server as part of demographic and profile data known as “traffic data” so that data (such as the Web pages you request) can be sent to you.
Email Information
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.
We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail and telephone.

How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering our business activities, providing customer service and making available other items and services to our customers and prospective customers.
will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.

A Special Note About Children
Children are not eligible to use our web site and services and we ask that minors (under the age of 13) do not submit any personal information to us. If you are a minor, you can use this site only in conjunction with permission and guidance from your parents or guardians.
How Do We Protect Your Information and Secure Information Transmissions?
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our Web site may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information is never transmitted via email.
may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
For site security purposes and to ensure that this service remains available to all users, uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.

Policy Changes
We reserve the right to amend this privacy policy at any time with or without notice. However, please be assured that if the Privacy Policy changes in the future, we will not use the personal information you have submitted to us under this Privacy Policy in a manner that is materially inconsistent with this Privacy Policy, without your prior consent.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained

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