Second Life Blogger Eve Kazan returned from a holiday abroad in Spain to find WordPress had taken down three snapshots she published on her blog post. Prometheus Creations Studio, owned by Second Life resident Irine Abbot, filed the DMCA with WordPress’s owner, Automattic Inc on May 22nd.
Creator Irine Abott of Prometheus Creations first communicated with Ms Kazan on May 14th about the alleged infringement of the snapshots she published on April 3, 2014, via Facebook:
I was happy to see the robotic arms used in creative ways. However I was not happy to see my products used in commercially advertising a competitor, presenting the impression that they are from Neurolabs. I would appreciate it if you could please either remove the photos or add the product listing of the arms in the post as you did with all the other products in that photo.
Ms Kazan who publishes a blog called Mademoisl-eve says she “refused to remove them, because i have not seen what I was doing wrong. And i’ve refused to describe it because i have thought and i always think that this content is not an original product” on her Flickr.
When asked to comment on Kazan’s allegations that her products were not original, Irine Abott said, “I would like to have those allegations written down so I can take them to court. This is outrageously wrong” and that “if Neurolabs considers any of our products copied from them, I would like to see them file a DMCA against us with all documentary evidence.”
In an addendum to her original blog post, Ms Kazan further asserts that she is solely responsible for the direction, shooting, modeling and post production of the photo captures she posted. She claims she is caught in the middle between an ongoing dispute between Prometheus and another creator named Neurolabs, the latter with whom Ms Kazan has a ‘goods-in-kind’ relationship. Irine Abbot maintained that the action was competitively motivated and that “Neurolabs is clearly listed as a sponsor in (Kazan’s) blog.”
Ms Kazan received the DMCA takedown notice on the 28th of May claiming that she “failed to obtain permission to use the Prometheus Creations and copyright… in snapshots without… consent.”
Prometheus further alleges that Ms Kazan’s blog post is “a commercial and sponsored action with clear motive of advertising commercial products”.
“The most disturbing thing” said Abott “was that our product was some of the most prominent pieces of the artwork and they had a competitive brand plastered all over them.”
Abott also said that they would “pursue legal action for the removal of this content” against Ms Kazan within 5 days of the DMCA notice. The owner also sent a copy of her notice to Linden Lab’s legal department, citing their policy on Snapshots and Machinima.
Kazan says she “will not re-upload the photos”, out of fear that her “blog will be removed permanently by WordPress. I will not either do a DMCA counter-notice, all this takes time”.
Both Prometheus and Kazan agree that she purchased the objects used in the allegedly copyright infringing snapshots.