[Archived - nursekitten] I know we can't discuss legal stuff here, so is anyone willing to let me message them regarding a question?

Posted by “DarkAngel5” on November 09, 2021.

Hi @nursekitten​ , IMVU is aware that users derive and have no idea if a product is stolen or not. If a user files a takedown IMVU must act because it's a legal request. Because we derive, we can't counter in most cases as we do not know if a product is stolen. Nothing happens to us if we derive and a takedown is filed.

 

A takedown is used by the real product owner to remove the stolen content. IMVU receives the takedown and then removes the product. That is all. We can't keep nor sell stolen goods. We do nothing and nothing happens other than the product itself is removed.

 

Examples:

 

Things we can't counter for:

 

Animations- we didn't make them. We didn't change them in any way. We don't know if it's stolen.

Meshes- we didn't make them, we only change the texture. We didn't make them, we have no idea if it's stolen.

 

Things we can counter for:

 

The textures we made-we made it we know its ours.

Any additions we make to a product such as we added a mesh to a mesh. We made it. Its ours.

 

--

 

Users who steal the files and submit a new product and derive the stolen version on various alts have to worry, as do those filing false takedowns. Those who really steal are disabled as are those who file fake takedowns pretending to own the content or to have created the content personally. Every day derivers have nothing to fear.

 

Users did not study laws and can't really offer valid advice so it's always best to check the web and or an attorney for legal matters. It's why IMVU doesn't allow legal discussions- to protect users from other users/misinformation.

 

You can message 4U or myself to discuss what happened although we can't give legal advice we can share how we have handled situations over the years. We have both been on IMVU a long time and have been through a lot. Most of us have had a takedown filed against us at one time or another and even had to file a few ourselves and we are still here. We all have a right to protect our art so I'm never upset when it happens. I don't counter if I derive.

 

Thanks

 

 

Posted by “4u” on November 09, 2021.

Dmca laws fail us, they fail IMVU and the greater community as a whole, however DMCA is a law and IMVU must abide to the letter, whatever IMVU does or the process it follows is not designed to make it easier on themselves or us but to be within the legal threshold DMCA allows.

Posted by “nursekitten” on November 09, 2021.

@4u​ i hope that's the case for me too aah I wish IMVU had something in place so that we knew if the DMCA was just because we derived from something that infringed copyright or if we ourselves violated it (which I know I technically didn't do, I simply derived a dance, I didn't steal any assets or anything like that) but it's still scary because idk if it was just a false DMCA on me or what so I don't know if I should counter it or not, it's a confusing because I don't understand that stuff at all lol

Posted by “4u” on November 09, 2021.

I got two of those today! I derived the dance and anything I added was made by me so while it could be a false DMCA, I'm going to go with it was the actual product I derived from that was at fault. Keep in mind if you make a product and someone steals it and leaves derivable, not only would the rightful owner need to DMCA the person who stole it, but every derive as well as that's how the US Government wrote the law. IMVU is aware of this situation as far as I know its not a flag on your account its merely how process must be followed. So in my case, I look.. considered, and then deleted the message.. someone else's problem.