Recurring DMCA

Posted 6 months ago by Yuuasa

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Yuuasa

I have an item that I derived. The textures were posted on the page and I built off of them. I clearly didn't upload the mesh myself. I've done no wrongs that I can see in this case and yet this item keeps getting DMCA'd. I counter claim and provide the evidence and a month later; it's DMCA'd again. I'm not sure what to do here, CS was 0 help and I expect the DMCA dept isn't going to be especially helpful either, The most angering part is that the other derivations of the item don't get DMCA's. Like; am I, as a dev, to be help accountable for a meshers theft if that's what's up? Because the whole DMCA guideline didn't cover anything like that. At least not that I saw. It's also starting to feel personal so I'm getting frustrated. Anyone else dealt with this sort of thing or know how to handle this? I've just re-counter claimed again at this point but I'm getting really exhausted with IMVU's utter lack of help and their AI cs giving me a 30 minute run around. Thanks for any suggestions you can offer~

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LestatDeLioncourt

LestatDeLioncourt posted 5 months ago

Hi Yuuasa,

Here is the deal... Once a product is DMCA'ed and the person who made the product responds. CS should no longer be involved.

At this point, the product would *have* to be addressed *legally* and out of IMVU's hands. We can give no advice in our open forums about the "legal" part but the IMVU DMCA agent is *supposed* to reject any more DMCAs by the same person claiming the DMCA and the person being DMCA'ed. The agent should inform both people with contact information so the legal issue can be handled outside of IMVU. IMVU has no authority except to File the DMCA and notify the individuals.

Another person may DMCA the same product again (if it is not hidden) and claim what they want but not the same person after IMVU has recorded and notified both parties on the issue. Not the same person.

If the product is a "stolen" product the whole chain should be removed by staff. The best thing to do is make another derive from a different *Parent* and Hide yours.

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Yuuasa posted 6 months ago

Well to answer my own question (since no one else would - and this might help someone else); apparently if the parents mesh is stolen I, as a simple deriver, can be DMCA'd. Which, although I am blind, I did not see any note of in the stupid DMCA guideline IMVU CS directed me to. CS also refused to answer that simple question in live chat. What is even the point of CS now?? I had to google this for it to bring up info from the OG deleted /actually helpful/ forums of old. So here I am. Looking like a dumb ho for counter filing twice because IMVU refuses to clarify anything when asked. Good luck out there, yall. We're on our own.

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