Wednesday, June 17, 2009

Content Theft on a Virtual Grid, Defamation, Libel on the Internet.

An example of the processes and responses in a current SL content theft/copy situation. Reproduced with permission of the author. Original content at http://tinypaste.com/36976.

This is reproduced to highlight the issues, the steps required and indeed taken by the complainant business, ES poses to respond to what they state is inaccurate and defamatory statements made by Glitterati publicly - both in SL and on various web pages.

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In light of the NC being distributed by Glitterati further accusing *ES* of copying 22 poses we feel it necessary to respond to the libelous accusations that are baseless and amount to a fishing expedition in their hopes to further defame *ES*:

The glitterati pose is presented first followed by the*ES* pose they say we used to copy them followed by applicable fact/truth or source *ES* used.


(Glitt. - April 12th) http://www.flickr.com/photos/suticapalini/3437042096/
(ES - May 19th) http://www.flickr.com/photos/essentialsoul/3549629986/

*ES* Source: http://www.facebook.com/photo.php?pid=2498105&id=83086041929


2. (Glitt. May 4th) http://www.flickr.com/photos/glitteratiphotos/3502555882/
(ES - June 5th)http://www.flickr.com/photos/essentialsoul/3599542966/
(the reference the bottom 2 people on the pose as the copied pose)

*ES* Source:http://www.facebook.com/photo.php?pid=2498106&id=83086041929
I just added the moms over her little girl for a creative difference and arm movement showing a butterfly


3. (Glitt. Feb 11th) http://www.flickr.com/photos/glitteratiphotos/3277280671/
(ES May 21st) http://www.flickr.com/photos/essentialsoul/3572974666/

*ES*Source:http://www.facebook.com/photo.php?pid=2498108&id=83086041929


4. (Glitt. April 3rd)http://www.flickr.com/photos/glitteratiphotos/3408653001/
(ES - June 5th) http://www.flickr.com/photos/essentialsoul/3599543014/

The poses truly are different. Yet we are accused of copying? I used these pictures for inspiration:

*ES*Source: http://www.facebook.com/photo.php?pid=2498100&id=83086041929

*ES*Source: http://www.flickr.com/photos/wild_curl/2931766875/in/photostream/
swapped out a father for a mom put her arm around her instead of on the side and the song “ Butterfly Kisses” as a personal inspiration for the name.

5. (Glitt.The Eye - April 27th)http://www.flickr.com/photos/glitteratiphotos/3477850587/
(ES - May 28th) http://www.flickr.com/photos/essentialsoul/3576590441/

*ES*Source: http://www.facebook.com/photo.php?pid=2498107&id=83086041929
They want to say we copied the “eye” of their Eye Heart you pose.

6. (Glitt. March 19th) http://www.flickr.com/photos/suticapalini/3367418251/
(ES - March 31st) http://www.flickr.com/photos/essentialsoul/3407639370/

*ES* Source: http://www.facebook.com/photo.php?pid=2498175&id=83086041929

7. (Glitt. Feb 10th) http://www.flickr.com/photos/suticapalini/3271039648/
(ES: reverse it - Feb 25th) http://www.flickr.com/photos/essentialsoul/3388839793/

Our Friend and colleague Blink Pinion created this pose. He created it before he joined Essential Soul. http://www.flickr.com/photos/blinkpinionphoto/3309978315/ . Blink has been out of world for a few months and just returned. If you truly want to stretch your imagination and believe the poses are the same by all means go ahead. But you stand to insult every posemaker by trying to say these poses are the same. Once Blink is available we will let him know and he will provide a source if requested.

8. (Glitt. - March 10th) http://www.flickr.com/photos/glitteratiphotos/3345615708/
(ES - March 26th) http://www.flickr.com/photos/essentialsoul/3389651022/

*ES* Source: http://honorgirl.deviantart.com/art/Even-though-I-should-93614862

Watch the opening music sequence to the movie Adventures in Babysitting I got the idea to shoot the pose on a bed while making the pose because the lead actress flips herself onto her bed backwards. I think the only thing I am guilty of is watching a 80’s classic movie & sourcing my pose idea.

9. (Glitt. - March 16th) * (not uploaded to flickr)- Glitterati Rock Stars
(ES March 27th) http://www.flickr.com/photos/essentialsoul/3388839943/

ES Sources: http://www.flickr.com/photos/essentialsoul/3323653541/in/set-72157611915610418/

*ES* Rawk Star

Glitterati came to ES first on March 30, 2009 to say that we had copied their pose just because the name was similar...and apparently the pose? The poses themselves are completely different . Please visit their store to check it out as I do not have a hyper link to that pose. Up to this point we had never heard of Glitterati.

Rawk Star was Created using 2 poses created in fat pack her [Catwalk] using *ES* Framed (right part of pose *ES* Pause (left part of pose) that was released Feb. 28th 2009. The pose was used for an Ad shoot March 18, 2009 for Essential Soul when I put the 2 poses together. During the shoot and I came up with the name when we were playing gestures during the shoot. And a super star rock star gesture was played. The Ad was Due to Maggie Mahoney of Runway Magazine March 20, 2009 and given to her March 18, 2009. Glitterati did a release of their pose through SL Poser: March 20, 2009. Again due to RL did not release until a few days after Glitterati

UL date of *ES* Pause: Feb 28th 2009

UL date of *ES* Framed: Feb 28th 2009

10. (Glitt. - Feb 4th) http://www.flickr.com/photos/glitteratiphotos/3259332950/
(ES - Feb 10th) http://www.flickr.com/photos/essentialsoul/3295031474/

Apparently this pose is the same? This pose was created again by our Colleague Blink Pinion whom many of you know already know from Flickr,…who also joined the *ES* team. Blink worked on this pose for a better part of half a month on and off since mid Janurary 2009 until his final upload date (date in which animation was uploaded in SL) with corrections February 4, 2009. And for them to suggest then that it was created to copy their pose the day Glitterati released their pose? Not even remotely likely. Upon his return in SL he will provide a source for the picture.

11. (Glitt. April 10th) http://www.flickr.com/photos/glitteratiphotos/3429405963/
(ES - April 28th) http://www.flickr.com/photos/essentialsoul/3484075991/

*ES* Wedding Crew ULD (date in which the animation was created in sl through an upload from an animation program) also known as acquired:

ULD of wedding Crew: March 9 07:08:07 2009

Glitterati Weddings Upload Date: Friday April 10th 2009

And if you’d like to check the dates Please go to our store right click on the pose ball for the pose and touch create. Then select the properties on the animation inside. Do the same for the above Glitterati pose and you will find our pose was created in SL first by a whole month. We did not release right away as when we created it because we were making a whole wedding series to release together. We will not apologize for a pose created before theirs. Its just circumstantial it was released after theirs.

12. (Glitt. January 23rd) * (not uploaded to flickr)
(ES - May 17th) http://www.flickr.com/photos/essentialsoul/3541303401/

CouCou ChouChou ES source: http://www.facebook.com/photo.php?pid=2498101&id=83086041929

The pose even pictures the couple on a log like the picture. Steven just put the 2 together. Easy enough to see and all that needs to be said.

13.(Glitt. April 20th) * (not uploaded to flickr)
(ES - June 13th) * (new pose released and not uploaded yet) (we released a few that day)

With a pose they do not name or show it is impossible for them to say we copied. We cannot comment on nothing shown to us or what pose they are referring to.

14. (Suti - April 21st) http://www.flickr.com/photos/suticapalini/3464573546/

Please make note this is one of the poses asked by LL to Glitterati to remove from their store
(ES - April 28th) http://www.flickr.com/photos/essentialsoul/3484926764/ (heartbroken)

Yet Glitterati comes back to say we copied a pose from Pretty Boy set? So we copied a pose LL asked them to remove because LL found them to have copied it from us? Not to mention what they are pointing out is completely diff.

Poses Glitterati says *ES* took from other stores and only leaves the reader to guess which stores. No problem we don't know either because we got them from the following sources, and if any pose store has issues with any of our poses feel free to IM us inworld or contact us via flickr mail:

Pose:http://www.flickr.com/photos/essentialsoul/3477285156/

Source: http://www.facebook.com/photo.php?pid=2498102&id=83086041929


Pose: http://www.flickr.com/photos/essentialsoul/3572982104/

source: http://www.facebook.com/photo.php?pid=2498109&id=83086041929


Pose: http://www.flickr.com/photos/essentialsoul/3577373440/

Source: http://www.facebook.com/photo.php?pid=2498424&id=83086041929


Pose: http://www.flickr.com/photos/essentialsoul/3599609561/

Source:http: http://www.facebook.com/photo.php?pid=2498431&id=83086041929


Pose: http://www.flickr.com/photos/essentialsoul/3388839837/

Source: http://www.facebook.com/photo.php?pid=2498104&id=83086041929

Pose: http://www.flickr.com/photos/essentialsoul/3305606163/

Blink Pinion a creator for *ES* upon his return will provide a source if any pose store comes to us with an issue regarding this pose.


Glitterati after this comments 11 more poses they retired, can't show or won't show, but want you to believe we copied? Sorry I think the dispelling of their false allegations above prove We haven't COPIED anything.

We find it self indulgent that Glitterati feels its the only store capable of having customers that want to see poses made. Amongst our own customer base many have asked us to create poses encompassing many lifestlyes such Gay, Lesbian and Family. We dont make apologies for creating poses people come to us for or genres they want to see. Because *ES* finds the need to expand upon a genre does not make them copiers LOL. Its called free enterprise, competition, not to mention loyalty to customers who ask us for the genre poses.


To answer the issue surrounding the claims of our wedding poses in *ES* being “inspired” by Glitterati's release of a wedding set:

*ES* created a set of 4 wedding poses: They are listed here with upload dates into SL:

*ES* Wedding Crew: ULD Mon Mar 9 2009

*ES* Wedding Toast: ULD Mon. March 9 2009

*ES* Wedding Proposal: ULD Wed Jan 28 2009

*ES* A Piece of Cake: Thu April 16 2009 final ULD after we received the knife for the final positioning for the pose from a creator in SL.

The Glitterati set of poses Upload dates of the animations into SL:

Glitterati-Weddings

ULD Friday Apr 10 2009

Glitterati-Groomsmen & Best men

ULD Friday April 10

Glitterati Poses - Bridesmaids

ULD Friday April 10

Glitterati Poses - Catch the bouquest

ULD Fri April 10

Glitterati Poses - Yours forever

ULD Fri April 10 12:57

Glitterati - So proud

ULD Fri April 10

Glitterati - Our big day

ULD Fri April 10

Glitterati-Flower Girls

ULD Friday April 10

You may go to our store and right click the poseballs, select create and then under contents right click the animation. You should do the same for the Glitterati poses to verify the Upload Dates of the animations should you feel the need. What does this mean? It means *ES* created the sets a month or more before Glitterati even uploaded their animations. And yes we did release the poses themselves in our store after Glitterati released. *ES* waited for glasses and a knife to be created not to mention RL being busy to photograph some of the larger poses and releasing of the sets together. *ES* makes no apologies in creating animations that were done before Glitterati's and does not attribute any inspiration from Glitterati's set. But because of RL and creation of items for the poses they were released at a later date altogether As a set.

We ask that those interested view the information and you find the allegations put against *ES* as baseless and the notecard circulated libel. They claim to have open minds and to say we could come to them at anytime? I believe their history of actions, these above actions and this Posted March 31, 2009 ;
http://www.flickr.com/photos/glitteratiphotos/3403203118/

prove otherwise. None of their actions have made it apparent that we would be received well or that they would act in any business fashion in resolving issues.

We would also like to dispell this notion that we copyrighted poses. Perhaps they need to reread what the DMCA completely encompasses. LL finds any content created in SL as falling under the DMCA as a process. This is what skin designers do, clothing designers do when someone has ripped of their content or creation. None of these are Copyrighted! The DMCA act encompasses many procedures outlined for content creation in SL.


Also they claim LL will tell us their RL identity?..news flash it is against the Law for LL to divulge that information, so again their attempt to say thats why amounts to baseless and unfactual knowledge of LL policies and procedures.

No worries we have forwarded on to LL and all the information of the poses they tried to say we copied and the UUID of the circulated Notecard.

The only inspiration Glitterati has given *ES* is to see that they Glitterati and those involved are held completely responsible for their libelous actions and harrassment. Not to mention defamation of our business and avi's reputations.The inspiration ends there. As you can see by their attempt to show far fetched correlations between the poses above they accuse us of copying only strengthens the case they put against themselves, and discredit them as being truthful.

We will openly admit to ejecting the Glitterati owner Katey from our Store and SIM. She has never shown or acted in any business like fashion or conducted herself in manner as to make herself welcomed in our store.And it wasn't to avoid the above list they felt so compelling to put together as the poses we copied. We think their list only strengthens the case against themselves.

Glitterati has never been nor will ever be an inspiration to what Steven or I create. We owe all that to our loyal customers, RL media depictions and creative ideas we have on our own. No other pose store ever has approached us in having any issues with us, so we only have to say that Glitterati's claims there are other pose stores, is baseless as well.

Final word: Neither Steven Nor I have ever in any point or time Told Either owner of SLPosers they were paid off. All we ever did was defend our reputation and provide evidence we did nothing wrong.It fell upon deaf ears and biased points of view.


Thank you very much to those who care to see the truth, care to listen and don't settle for what someone wants to lie, and try to say is true when all clear and convincing evidence shows other wise. Much love and respect to our continued customers and fellow photographers alike who support us greatly.


Maeve & Steven

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