Genus DMCA'd

Caete

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Yeah, after years of a creator, Genus received a DMCA notice. Here's the word from their group notice:
Dear Friends,
For the first time, in a long time, we have a very important message!

As creators, we have been designing in Second Life for many years. Recently, we have received a DMCA complaint against us for the first time from another Second Life creator. According to the rules, we need to delete our content before the end of the proceedings. Our lawyer is currently filing a counter DMCA complaint. It has all our files created for Second Life and we hope the situation will be resolved soon.

The author of the complaint is unknown, but when we receive a response from Linden Lab, we will send the case to court.

We ask you to treat this with understanding, these are forced actions that we must take to ensure the security of our intellectual property. Please note that content will not be removed from your inventory, it will only be removed from the Genusproject Resident inventory. During the closing of the store, we will stay in touch in social networks (discord and Facebook) as well as in the world group. Thank you for your attention and understanding.

with love,
Genus Project Team
I love their heads. They recently put in the group notices their Strong Face head for free. I suspect
 

Caete

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Additional notice just received

Group Notice Sent by: Crymson Marder
DMCA Rumors
Just a quick reminder that we do not know who filed the DMCA (read the other notice from Anna), and Catwa Clip has confirmed it wasn't her. We are also on good terms with the wonderful people from LeLutka, and a few of us work with the good people at Meshbody. Please do not point fingers at others and while we appreciate your fervent support? Please keep the pitchforks down.

As info comes to light it will be shared. We're not going anywhere. <3
 

Val

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My money is on their ex-coworker who had a burst of activity on old Genesis Labs account. But with SL brands nowadays ... it is hard to tell.
 

Caete

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This just in:

Dear friends! Finally we will be able to open the store again, we have received a response from Linden lab. Unfortunately, we do not know who sent the complaint, but I will deal with this issue. Mean while we were discussing this issue with LL, at the same time we've been upgrading and bug fixing for heads. So I have a little announcement.
Three major updates:
1. We are updating the head for a full-fledged BOM (Men's head will be released in the new version of BOM with HD layers in all types of faces at once)
2. Updated design and optimization of HUDs
3. HD layer for eye shadow

Other updates concern bug fixes (for example, animation twitching), as well as adding various features - new normal maps, jaw options, etc.

Also important note, since our discount promotion ended with the ban, we reserve the price of the promotion for an indefinite time.

Follow the release of updates in our inworld group, Facebook and Discord.

We love and hug everyone!
Genus Team ♥
Sim is packed atm so I'm unable to verify item 3 but I suspect it is the Strong Head gift001.
 

MiakisThe Usagi

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Sim is packed atm so I'm unable to verify item 3 but I suspect it is the Strong Head gift001.
Yes it's the Strong Head gift001 still, all other head's are 40% off till further notice
 

MiakisThe Usagi

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Putitonthemarketplaceputitonthemarketplaceputitonthemarketplace...
I think one of the Genus CSR's said that MP is staying down for now, while the sale is going on, so that people can take advantage and not have to pay full price.
So. For now, the gift head is only available in world
 

Shiloh Lyric

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I was able to get in this morning and picked up one for my alt I made to challenge myself on how cheaply I could make a good avatar (she had the toothless, but cute, head for #StayAtHome from Dream up until this morning). Shiloh has it from when it was first released. It was a little packed, but I figured early wouldn't be quite as bad, and I was able to pick it up with no problem.
 

EmpressOfCommunism

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It's strange to me that even when dealing with real life litigation they don't know the identity of the DMCA claimant. They've already said that is not CATWA and it isn't an ex employee, and if they're going back into business it seems like its possibly not a strong claim. So, to be blunt, what the hell is this persons deal?
 

Bartholomew Gallacher

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It's strange to me that even when dealing with real life litigation they don't know the identity of the DMCA claimant. They've already said that is not CATWA and it isn't an ex employee, and if they're going back into business it seems like its possibly not a strong claim. So, to be blunt, what the hell is this persons deal?
The DMCA was specifically build that way that the identify of your opponent can be obscured by my knowledge. The idea behind was, if I remember correct, that let's say John Doe is suing ACME Inc. over something, ACME Inc. could just try to to oppress him by whatever tactics to get him to drop the cause. If you don't know the opponent this gets kind of hard to do.

Then again this principle probably has caused in reality more harm than good I presume.
 

Aribeth Zelin

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Except the logical thing to do is counter sue, which tells you exactly who filed it.
 
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It's strange to me that even when dealing with real life litigation they don't know the identity of the DMCA claimant. They've already said that is not CATWA and it isn't an ex employee, and if they're going back into business it seems like its possibly not a strong claim. So, to be blunt, what the hell is this persons deal?
I'm no lawyer and I may be wrong. If so correct me.

My understanding is a dmca letter is a legal matter between the copyright holder and the isp. It has nothing immediately to do with taking legal action against the infringer. It is just asking the isp to take down the material. The isp must take down the material in the absence of a counter notice. As for who made the request, the isp does know. As far as I know, the provider being SL, can take down the content for no reason anyway. Perhaps it is optional whether the isp provides the supposed infringer contact information at this stage. On the other hand, if a counter notice is filed then both parties will know who each other are. Quote from The Ultimate Guide to Digital Millennium Copyright Act

By filing a counter-notice you are agreeing to "accept service of process" from the notifier. This means you understand that this counter-notice may result in a lawsuit.

Complainant on the other hand when receives a counter-notice, will either stop pursuing the takedown request or will possibly file a lawsuit within 14 days. So be extra cautious and confident when filing a counter-notice as it may result in a lawsuit.
 
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In any case, google has no problem identifying the senders of dmcas to some degree anyway. For instance if you search for starwars download pirate bay, at the bottom of the page it says:

In response to a complaint we received under the US Digital Millennium Copyright Act, we have removed 1 result(s) from this page. If you wish, you may read the DMCA complaint that caused the removal(s) at LumenDatabase.org.
And if you follow that link the complaint begins:

DMCA (Copyright) Complaint to Google
SENDER
NBCUNIVERSAL
on behalf of NBCUniversal
[Private]
, , , US
Sent on February 21, 2020
 

Free

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Just noting I got through to the sim back on Saturday.

Very much enjoyed watching all the avatars take something like 4-5 minutes as mesh bodies, heads, clothing, etc tried to rez, render and reset to their proper positions.
 

Caete

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This just in

DMCA
Thu, Jul 09 2020 5:56:19 PM PDT

I got a complaint again. I need to close everything again. I'm going to court and I want to settle this. I think it will take time.
 
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Caete

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You know, I wonder what the hell they've been doing for the last month. They should have counter-sued the first time, instead of fucking around waiting on Linden Lab.
Well, imo, this is someone just out to hurt them. They waited until the sim was back up, that traffic and buzz was at a high and then refiled. Probably with throw away info in case of it being counterfiled. Still the damage is done. Hopefully they counterfile asap to get the clock ticking instead of sitting on their hands or whatever it was that made the first one take roughly 3 months.
 
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Mark

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Seems like someone is serious about it. Now waiting for Genus to propel toward litigation so we can find out who it is.
 
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