Wednesday, August 27, 2008

*Update* Re: DMCA Against ~*FBG*~

Hi,

Let me start by saying we have been overwhelmed by the supportive comments, IMs, and note cards we have received from our customers, landlords, fellow content creators, bloggers, and others over the last few days. You are the reason we are willing to fight for our rights, and we will continue to keep you updated as things do, or do not, develop.

I just wanted to post an update of sorts, although nothing has really happened since we counter-notified on the DMCA. We now are in a waiting game, to see if the individual responsible for filing the DMCA against us will take the issue further and basically sue us in real world court over the "~*FBG*~ Jelly Tots Necklace Sets". We are at this point so incredibly frustrated by LL's lack of response to our questions via e-mail, we are no closer to having any idea who has filed against us, or why. All we do know, is that we have done nothing wrong, and most of our friends and family have rallied around us, saying that they actually hope this person does file, so that we can sue for damages and filing a false DMCA. We have made contact with a lawyer, and are awaiting advice on our rights as prescribed in the DMCA Legislation, which is confusing to say the least. In any case, this is still a waiting game, the Individual(s) who filed the DMCA against us have 10 business days to file suit, and we are counting down days and waiting for a response from LL.

I also wanted to respond to a couple of the comments we have received. First, the suggestion that LL does not give concierge service to Alt Accounts. The owner of the SIM where our main store is located supplied us with the concierge information, and acted on our behalf, as we are denied any assistance with LL as non-payment verified and non-premium accounts. This is not illegal, this was our only option as there is no in-game support, no support ticket option on DMCA, and no one at LL will respond to us. We simply wanted to verify that the email from the "Removals Department" was not a hoax, this was confirmed, and we were directed to contact the removals department with further questions. We have attempted to contact them, but they have yet to respond or even acknowledge receipt of our questions.

Other comments have suggested that the name "Jelly Tots" or our use of the image of a tray on our vendors might me the cause of the DMCA. If that were the case, then they would not have only named our necklaces as the items to be removed, we have bracelets and earrings also called "Jelly Tots", and all our vendors use the same image of a baking sheet.

Thanks again for your interest in the DMCA process as enforced by LL, which we believe is flawed, and your offers of assistance and legal advice. We need all the help we can get to try to understand our rights to information at this time, so please let us know if you have any answers at all.

Yours,
Sweetie Pye & Dessert Furst
Designers, ~*Fresh Baked Goods*~

2 comments:

kesseret said...

I know in my heart that I will be able to buy a matching necklace to my lovely bracelet.

Until that day I offer you tons of support and sci-fi talk.
xoxo

Sioxie Legend said...

I think I may have found the source of the DMCA. I found a jewelry website selling bracelets with the name "Jelly Tots" - while the items are not identicle to yours it may be that they are similar enough and that with the same name might be considered infringement. Here's the link: http://www.mollybrownlondon.com/modules/shop/view.asp?Prodcode=MB41