Further Offensive Advertising Behaviour

I did not really wish to make a fuss, or give the person concerned any more publicity than she deserves, but I think that it is reasonable to mention in the context of my previous entry regarding the Griefbuild Digest Flickr group that I have now been the victim of what is known as a "DMCA Takedown Notice" regarding some pictures of advertising builds by a Ms Cytherea Eagle. Only, well, I have been the victim, but almost entirely silently.

Having posted a piece on the Forums informing people of the existence of the group, I received a comedy legal threat on the matter from Ms Eagle, but I ignored that, given that no lawyer not drunken, drugged or disbarred would ever consider this anything but "fair use". If it was not for Ms Wildefire Walcott's kind mention in the Forums that she was unable to see anything owned by Ms Eagle in the group, I would have known nothing.

What has apparently happened - and I am extrapolating here, as I have been unable to obtain the actual details from Flickr, though it seems very likely - is that a DMCA notice was filed by Ms Eagle to Flickr alleging copyright infringement, and the company is then obliged to remove the article automatically.

What is then supposed to happen is that they tell the person whose pictures were removed (i.e. myself) in order that that person may file a DMCA counter-notice, and have the pictures replaced. And anything further must be decided by legal action, and I am, if not happy with that, at least confident that it holds no real danger for me, certainly given that (a) this really is the most obvious case of fair use and (b) I live in another country in any case.

Flickr did not do this. I am not sure when they removed the pictures originally, but after seeing Ms Walcott's post I asked them for clarification on the 15th of January, received a rapid response saying that yes, the images "were removed for Copyright infringement" and that they would try to find out what had happened. Since then I have not been further informed.

As said I don't really like to cause a fuss on my own account but given that the matter has been mentioned by Mr Rik Riel, Mr Prokofy Neva and Mr Hamlet Au already, I thought it a good idea to write a small something. I am quite capable of reposting the pictures concerned elsewhere of course, but what I am trying to do is get Flickr to reinstate the original pictures, to demonstrate that the DMCA cannot simply be used to remove anything that one doesn't like. (I might add that Mr Riel posted a picture of the "advertisement" himself, if you wish to see it, and it can be found at Foxboro 102,39 should you wish to see it in person and, who knows, take a picture of your own.)

Should there be any further developments I will of course write here, and I hope that there will be soon. As for the morals displayed by Ms Eagle in both her business practices upon the Grid and her part in this matter, I shall say nothing and leave the reader to draw their own conclusions. (With a touch of irony I did note at the time that, despite their inherent nature and deliberately-lagging temp-rezzing behaviour, they were far less ugly than all of the other signs to be found in the region. Beauty is clearly prim-deep.)

P.S. As a final note, should there not be sufficient Links for a reader to Follow, above, there is also a thread in the Flickr forums on the matter.

An Engine Fit For My Proceeding · Griefbuild Digest, Again's picture
23 Jan200802:29
An Engine Fit For My Proceeding · Griefbuild Digest, Again (not verified)

[...] to feed « A Product: the Ordinal Howdah Pistol  •  Further Offensive Advertising Behaviour [...]

Rheta Shan's picture
23 Jan200802:48
Rheta Shan (not verified)

I have found corporations to be swift at covering their nether hindquarters, and very slow at reflecting on possible errors while doing that. I wish you all the luck in countering this unheard of misuse of the DCMA for base commercial interests.

Yours respectfully
Rheta Shan (Ms)

Savage Zenovka's picture
23 Jan200803:35
Savage Zenovka (not verified)

Ms. Malaprop, if you require a mirror gallery for your group, please allow me to be at your services. I realize this would not have as much traffic as Flickr, but it is more resistant to those that find their hinders upon their shoulders..

Nobody Fugazi's picture
23 Jan200805:48
Nobody Fugazi (not verified)

Its about time that Hamlet and Rik got onto this. Some others have been writing of it for quite some time, but... I guess this is a popular time to write about the same problem. About a year later. ;-)

Adia Clary's picture
23 Jan200811:40
Adia Clary (not verified)

Wait wouldn't this be like someone taking a picture of mickey mouse, a copywrited character of Disney and then getting sued?

I understand that she is mad about her stuff going up on the web, in terms of being a griefer, but I don't see any legal standing in her aurgment. And the best part is, I don't have any legal training and I feel I know more than Ms. Eagle.

Best of luck, Oridinal! I will be rooting for you! (BTW If you want you can use my example!)

The Grid Live » Second Life News for January 23, 2008's picture
23 Jan200816:33
The Grid Live » Second Life News for January 23, 2008 (not verified)

[...] Ordinal Malaprop Further Offensive Advertising Behaviour Quote from the site - I did not really wish to make a fuss, or give the person concerned any more [...]

Sofian's picture
23 Jan200820:12
Sofian (not verified)

This case makes me think about the SLART one (see Vint Falken's post http://www.vintfalken.com/slart-me-up/)
Even if they cannot be compared, I have the feeling that real law is more and more invading our virtual world.
We now have to be careful when doing something and very soon we will need advice from experts (paid in L$?)
I am with you Ordinal even if I don't know how I could help you!

DMCA Dustup Over Second Life Ad Farms | Virtually Blind | Vi's picture
24 Jan200805:47
DMCA Dustup Over Second Life Ad Farms | Virtually Blind | Vi (not verified)

[...] Flickr complied with the notice, and the photographs were taken down. ‘Malaprop’ has posted regarding the [...]

Vi Paravane's picture
15 Feb200800:45
Vi Paravane (not verified)

Woo hoo! Miss Malaprop's awesome powers have won the day again: