Have to obtain a court order to prove Sadorae is mine. =/
13 years ago
So, this lovely little lady who's real name I will keep secret; for now, has decided she is going to steal my IMVU textures of Sadorae(These textures: http://www.furaffinity.net/view/6753125/), drop a new colour layer over, then resubmit it and sell it.
I reported her and got the items taken down, which was all fine and dandy until I am e-mailed this:
Hello,
I have a received a counter notice for your DMCA. Please see the attached.
Under the Digital Millennium Copyright Act (17 U.S.C. 512(g)), IMVU must reinstate the products we took down for you unless we receive notice from you in 14 days that you have filed an action seeking a court order to restrain the accused from engaging in infringing activity relating to the material posted on IMVU's website.
Please let me know if you plan on filing such an order. If I don't hear from you in the next 14 days, I will be forced to reinstate this item from your notice back into the catalog. The matter will at that point be between you and the counter party.
Kind Regards,
Clare Tuma
Designated DMCA Agent
Original Message
Subject: Mistaken Textures
Date: Wed, 12 Sep 2012 19:50:54 -0700 (PDT)
From: SpasticDollie <spasticdollie@yahoo.com>
Reply-To: SpasticDollie <spasticdollie@yahoo.com>
To: DMCA Agent <dmca@imvu.com>
product ids
13407083,13407187,13407430,13407248,13407352,13441574,13441344,13441615,13441691,13454208,13454064,13454257,13454333,13454711,13454666,13454623,13454563,13441797,13441739,13441526,13454452,13485568,13485319,13485444,13484954,
SpasticDollie:
I consent to the jurisdiction of Federal District Court for the judicial
district in which your address is located (or Santa Clara County,
California if your address is outside of the United States), and I will
accept service of process from the person who provided notification
under subsection ©(1)© or an agent of such person.
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.
The following Product Ids Listed:
15551095,15547267,15649932,15649922,15649904,15649411,15649324,15649246,15547255,
The products developed that are listed above were created by textures I
created, the textures I found at a group site when I then copied,
edited, and changed to make my own textures. I did not steal, but I did
copy the same style in texture. But there are differences, both in shine
and in detail. The person in question also got her textures copyrighted
48 hours after I developed the items listed above aswell. Please give me
back my products that I did infact create myself, for I much enjoy my
time spent on IMVU.
Thank you,
Electronically Signed: SpasticDollie
This is pretty hilarious.
Now I will show you all a screencap of what she submitted to her catalog.
http://tinypic.com/view.php?pic=s1lq4i&s=6
Does that look like she changed the texture at all? Except for the colour layer she dropped over it, of course.
Anyway, I have contacted an attorney, just waiting for them to call me back.
I also messaged the thief on Facebook with this:
I am writing this e-mail to inform you that I have contacted an attorney and I am willing to take this to the next level if you do not stop your attempt to continue stealing my intellectual property.
I have proof that you are not only aware of what you are doing, but proof that I; Tabitha McKenna, own all rights to the textures you are trying to claim you made.
I have proof that you purchased my set, and then copied it and changed the colours slightly.
I have also kept the inbox you sent me on IMVU claiming that you yourself know what you're doing is wrong, and that you're not afraid of the penalty.
I hope you're willing to be prosecuted for your actions, because I already have taken legal action.
Wish me luck, guys.
I reported her and got the items taken down, which was all fine and dandy until I am e-mailed this:
Hello,
I have a received a counter notice for your DMCA. Please see the attached.
Under the Digital Millennium Copyright Act (17 U.S.C. 512(g)), IMVU must reinstate the products we took down for you unless we receive notice from you in 14 days that you have filed an action seeking a court order to restrain the accused from engaging in infringing activity relating to the material posted on IMVU's website.
Please let me know if you plan on filing such an order. If I don't hear from you in the next 14 days, I will be forced to reinstate this item from your notice back into the catalog. The matter will at that point be between you and the counter party.
Kind Regards,
Clare Tuma
Designated DMCA Agent
Original Message
Subject: Mistaken Textures
Date: Wed, 12 Sep 2012 19:50:54 -0700 (PDT)
From: SpasticDollie <spasticdollie@yahoo.com>
Reply-To: SpasticDollie <spasticdollie@yahoo.com>
To: DMCA Agent <dmca@imvu.com>
product ids
13407083,13407187,13407430,13407248,13407352,13441574,13441344,13441615,13441691,13454208,13454064,13454257,13454333,13454711,13454666,13454623,13454563,13441797,13441739,13441526,13454452,13485568,13485319,13485444,13484954,
SpasticDollie:
I consent to the jurisdiction of Federal District Court for the judicial
district in which your address is located (or Santa Clara County,
California if your address is outside of the United States), and I will
accept service of process from the person who provided notification
under subsection ©(1)© or an agent of such person.
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.
The following Product Ids Listed:
15551095,15547267,15649932,15649922,15649904,15649411,15649324,15649246,15547255,
The products developed that are listed above were created by textures I
created, the textures I found at a group site when I then copied,
edited, and changed to make my own textures. I did not steal, but I did
copy the same style in texture. But there are differences, both in shine
and in detail. The person in question also got her textures copyrighted
48 hours after I developed the items listed above aswell. Please give me
back my products that I did infact create myself, for I much enjoy my
time spent on IMVU.
Thank you,
Electronically Signed: SpasticDollie
This is pretty hilarious.
Now I will show you all a screencap of what she submitted to her catalog.
http://tinypic.com/view.php?pic=s1lq4i&s=6
Does that look like she changed the texture at all? Except for the colour layer she dropped over it, of course.
Anyway, I have contacted an attorney, just waiting for them to call me back.
I also messaged the thief on Facebook with this:
I am writing this e-mail to inform you that I have contacted an attorney and I am willing to take this to the next level if you do not stop your attempt to continue stealing my intellectual property.
I have proof that you are not only aware of what you are doing, but proof that I; Tabitha McKenna, own all rights to the textures you are trying to claim you made.
I have proof that you purchased my set, and then copied it and changed the colours slightly.
I have also kept the inbox you sent me on IMVU claiming that you yourself know what you're doing is wrong, and that you're not afraid of the penalty.
I hope you're willing to be prosecuted for your actions, because I already have taken legal action.
Wish me luck, guys.
She's being foolish, too. She has absolutely NO proof at all that it's hers.
She should get penalized for claiming it under oath.
I have files and images from 10 months ago, she only submitted her copy a few days ago.
I have people who know nothing of what it takes to create this textures saying that I'm going to be getting the court involved over nothing.
Hours of computer generated textures being stolen from me is not nothing.
That's your work. Not her's.
The date I submitted my fur, I have the date she purchased my fur, etc, etc.
I wish I still had the texture files, going to see if they can't retrieve them from my broken laptop.
She shouldn't even have a leg to stand on.
I'm not sure how to respond to this.
On the one side, I'm glad you decided to fight this particular battle...and on the other side, I'm trying to understand why this is so important to want to spend untold dollars on legal fees. *^^*
Textures that took hours to create, and they're making real money off of MY hardwork.
That's why.
Its a shame you need to go through all this b/s