Curio Statement by Gala Phoenix

Hey peeps,

there has been an update on the status of the problem regarding the Curio vs. Hush case, so read this and consider helping to raise funds:

Curio Statement by Gala Phoenix

To my loyal customers, friends, and supporters,

I wrote to you last month to thank you so much for all of your support during this very frustrating time. It means so much to me, and has sustained me more than I can say. However, as time has gone on with little explanation from me, you’ve had more questions, and that is understandable. I’d like to tell you what I’ve been going through, and ask you again for your support.

In March, I realized that Hush Darkrose was selling skins that looked very similar to mine. I often have to deal with skins that look a little too similar to mine; it’s part of protecting my copyright. I filed a DMCA takedown notice, but when Hush filed a counter-­notice, I didn’t do anything.

In April, Hush registered copyright of her skins in Canada. In May, she filed a copyright infringement complaint in a Canadian court against me, and then filed a DMCA takedown notice with Linden Labs. She also sent LL the notice of court action (the complaint).

Most of us only know a little bit about the DMCA. We know how the takedown and counter-­notice procedures work. What I didn’t know was that if the person who filed a takedown notice sends Linden Labs a notice of court action, you can’t continue to sell your content, even if you send a counter-­notice. This is why I got temporarily banned at the beginning of June: I left my skins up for sale after the counter-­notice, not realizing there was a problem.

In May, right after she sent the takedown notice, Hush put up a blog post. In it, she accused me of copyright infringement and claimed that a court had “reviewed the evidence” and determined her claim was valid. She even included some language she took from the complaint, rewrote it, and made it sound like the court had granted her an injunction.

There is no injunction. No court has reviewed any evidence. Her blog post was complete fiction.

I’ll say that again, because I want to be clear: there is no injunction against me. No court has reviewed any evidence. There has been no court decision against me. I am not guilty of copyright infringement. Hush’s blog post was not true. My skins are only offline because of the way the DMCA works.

Because there is already a case in court, I will probably have to go to court to clear my name and get my business back. Copyright litigation is very expensive, though. Just a small copyright case like this costs around $20,000 to see through, and most of that is court fees, which can’t be waived even if I found an attorney in Canada who’d take the case pro bono (I have an attorney here in America).

Curio is my primary source of income, and without it, I’m barely able to get by, much less afford $20,000 for a court case in another country. However, Curio is also a labor of love, and I will not just sit back and let a competitor’s lies and malice rob me of it.

From July 9 – July 16, 2012, a number of extremely generous content creators will be holding a fundraiser in-­world at Truth District on my behalf. I cannot express the depth of my gratitude for them, and for any SLers who come out and donate to my fight. I will also be putting up an IndieGoGo campaign to raise some money.

I know I’m asking a lot. $20,000 is a massive amount of money. But even a little bit helps, and maybe we can stand up against someone who is abusing a system that is supposed to protect us all.



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