Respondent

Arwen Serpente, Owner of Arwen’s Creations

 

Current COPS™ Rating: UGLY*

The “Ugly” Rating is applied towards users who have shown repeated or egregious acts of fraud, deceit, theft, trolling, griefing, spamming, and/or other unfavorable behavior which violates the Second Life™ Terms of Service, Community Standards, or otherwise destroys the standards of ethics and fair dealings on the Second Life™ grid. The “Ugly” users are red flags to the user community of Second Life™ and should be avoided at all costs.

*[THIS RATING IS PENDING AND SHALL NOT BE CONSTRUED AS VALID OR ACCURATE UNTIL THE RESPONDENT HAS BEEN AFFORDED THE OPPORTUNITY TO RESPOND TO THE COMPLAINT UNDER THE TIMELINE PROVISIONS DESCRIBED BELOW.] The rating contained herein constitutes “FAIR USE” as defined by 17 U.S.C. § 107, which is provided for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, and is not an infringement of copyright. Please see, https://en.wikipedia.org/wiki/Fair_use.

Incident Report

• Complainant purchased full perm mesh on the Second Life™ Marketplace for use with her unique products
• Complainant provides a record of payment showing legal licensing of purchased mesh
• No record is present showing Respondent owns exclusive rights to the mesh in question
• Prims, builds, or other scripted objects were removed from Complainant’s land by Linden Lab due to a DMCA filed by Respondent
• No record is present showing prior notice to Complainant
• No record is present showing prior warnings to Complainant
• No record is present showing Respondent exerts any rights over the original mesh in question
• Complainant has suffered a loss of the value of sales lost during the DMCA Takedown period
• Complainant has suffered a loss in Lindens equal to attorney fees paid to prosecute the present claim
• Complainant losses have resulted in pain, suffering, and inconvenience

Complaint

User Submitted Values:

Type of Action:	Complaint – I am issuing a Complaint against a user in Second Life™.
Complainant Avatar First Name:	ManuAurell
Complainant Avatar Last Name:	Resident
Respondent Avatar First Name:	Arwen
Respondent Avatar Last Name:	Serpente
Company Name (if applicable):	Arwen’s Creations
Subject(s) of the Complaint:	Marketplace Sale(s)
—-:	Intolerance
—-:	Harassment
—-:	Griefing
—-:	Trolling
—-:	Fraud
Summary of Subject(s) of the Complaint:	FALSE DMCA CLAIMS – I am the creator of several original items in Second Life™, many of which I have created using full perm models available for sale on the Second Life™ Marketplace. I created 8 dresses using full perm mesh models available for sale on the Second Life™ Marketplace, and I created custom unique textures for each dress. The Respondent, Arwen Serpente also makes dresses, purportedly using the same full perm mesh available on the Second Life™ Marketplace. Arwen Serpente filed a false DMCA Takedown Notice maintaining that she has exclusive rights to the mesh used, causing Linden Lab to react. My account was suspended for 7 days due to this false claim. I am seeking damages for lost profits, inconvenience, and legal fees.
Supporting Documentation:	https://marketplace.secondlife.com/p/WY-Full-Perm-48-Source-Files-Shoulder-ornament/14550444 https://marketplace.secondlife.com/p/byCrash-Full-perm-mesh-DAEs-PSDs-Formal-evening-dressTMP-Belleza-Slink-Maitreya/13177065
Avatar Payor First Name:	ManuAurella
Avatar Payor Last Name:	Resident
I have good faith belief that the acts and incidents described above and contained on the service is not authorized by the Second Life™ Terms of Service, Community Standards, or by protection of law. I swear, under penalty of perjury, that the information submitted in the Complaint is accurate and that I am the complaining party or am authorized to act on behalf of the complaining party at their written direction.:	checked
Digital Signature:	ManuAurella Resident
Date:	08/01/2018

Decision

Respondent is held liable in the amount of L$4,500 for lost sales, an additional L$4,000 for pain, suffering, and inconvenience associated with the return of scripted prims without warning, and L$30,000 for fees incurred by Complainant in prosecuting the present claim.

Total Damages – L$38,400

Respondent must file a Response, or Compliance within five (5) days of the Respondent Notification Date issued below. To receive a “Good” rating on the COPS™ Database, Respondent’s Response or Compliance filing must contain either (1) a Compliance Payment in full to Complainant in the amount indicated, or (2)  an Appeal establishing sufficient basis for reclassification.

Respondent Notified

08/14/18

Response/Compliance

No Response or Compliance filed to date.

Appeal

No Appeal filed to date.