![]() ![]() To Jason Schultz, an attorney with the Electronic Frontier Foundation, the issues surrounding the DMCA complaint are pretty cut and dried. ![]() While the video had been removed from YouTube, which is owned by Google, another version of it was currently being hosted on Google's other video service, Google Video. YouTube did not immediately respond to a request for comment, and Guntram Graef would not respond on the record to a request for comment for this story. However, it would be correct to point out that the laws of fair use are consistent with the culture of creativity and collaboration that forms a large part of Second Life." Linden Lab generally doesn't take a position on disputes to which we are not a party. "Anyone may assert copyright claims, and anyone may assert fair use claims. Copyright law includes fair use and it includes provisions regarding infringement," Linden Lab wrote to CNET in a statement Friday. "Copyright law is applicable to works created in Second Life. While it's true that Second Life users own the content they create, a legal expert and others in the online news business, as well as the virtual world's publisher, Linden Lab, argue that the use of images or video from the "griefing" attack are almost certainly protected by fair use doctrine. We can not authorize the use of this image and the replication of the artwork and textures of the Anshe Chung avatar in this context." "The source of the image, a video posted on YouTube, has already been removed. ![]() and without obtaining our permission to do so," Guntram Graef wrote to Sydney Morning Herald reporter Stephen Hutcheon in the January 5 e-mail. "I have to point out to you that you, most likely by accident, posted an image that contains artwork copyrighted by my wife Ailin Graef and by Anshe Chung Studios, Ltd. When filed a complaint with the popular video service claiming that Graef's copyrights had been infringed because images of her avatar were used without her permission, YouTube promptly removed the video.Īnshe Chung Studios has also, in a private e-mail, alerted The Sydney Morning Herald, which ran a December 21 story, along with a screenshot, on the attack, that it should take down the photograph because the newspaper, too, was hosting an infringing image. The controversy stemmed from video taken during an interview with Anshe Chung, the virtual world's biggest land owner, conducted by CNET in last month.ĭuring the interview-which took place in a digital theater in front of dozens of audience members' avatars-a group intent on sabotaging the event attacked it with 15 minutes of animated penises and photographs of Anshe Chung's real-life owner, Ailin Graef, digitally altered to make her look like she was holding a giant penis.Īfterward, a video of the attack was posted on YouTube. Last month, Anshe Chung Studios demanded that YouTube delete the recording, citing the Digital Millenium Copyright Act, which generally requires Web sites to remove material that infringes on copyright laws. A Second Life land developer has convinced YouTube to pull down an off-color video of her virtual self being harassed during an interview, raising novel questions about the legal rights of virtual-world participants. ![]()
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