The basic lessons here seem to be:
The regulations governing DMCA notices are heavily in favor of the issuer. That's a matter of US law, and if that bothers you, you should speak with your United States federal representative.
Act quickly, if a DMCA notice is filed against you and you wish to contest it. You have no time to dither. If someone files a notice against you, you have only two days to have a complete, correct and satisfactory counter-notification faxed to Linden Lab.
Someone may file a DMCA notice against you with complete anonymity as far as you're concerned. While they have to give an identity to Linden Lab, that information is never available to you, unless they chose to pursue additional legal actions above and beyond DMCA notices.
Once a DMCA notice has been filed, your identity is held hostage to whatever content has been nominated in the notice. You must divulge your identity to the person who filed the notice, via Linden Lab, in order to have your content returned to you.
If your content should be returned to you by Linden Lab, the odds are that not all of it will be returned, and that some of it will be returned in an unusable form, or in a state that requires additional time and cost from you to restore it to original condition.
The people utilizing the CopyrightAgent Linden account apparently need some training (or retraining) in the mechanics of the Second Life permissions system. While the Lab may be exempt from liability, it seems improper to carelessly damage or destroy a user's content in the act of restoring it.
anonymous on 05 Oct 09This article, which follows a presentation at the West Virginia Law Review Digital Entrepreneurship Symposium, is the first to consider whether virtual worlds provide a rule of law that sets expectations for virtual business. Many consider the rule of law a catalyst for economic development, and there is reason to believe that it will be equally important in virtual economies, despite differences from the real world. As more people turn to virtual worlds to earn a livelihood, the rule of law will become prominent in encouraging investments in virtual business. The article finds - unsurprisingly - that virtual worlds now lack many of the elements of the rule of law. Which aspects fail is more surprising, however. Provider agreements and computer software, the sources of regulation that are most often criticized as "anti-user," provide the best theoretical hope for achieving the rule of law, even if they currently fail in practice. On the contrary, widely proposed "reforms," such as community norms, self-regulation, and importation of real-world law face both theoretical and practical barriers to implementation of the rule of law in virtual worlds. Part I of the article describes virtual worlds and their connection to business. Part II defines a framework to measure the rule of law in virtual worlds. Part III discusses the various types of regulation in virtual worlds, and Part IV critically analyzes how these regulations measure up against rule of law requirements. The article concludes with some suggestions about how providers might enhance legal rule in virtual worlds.
