Can IMVU do this? Legal question.

[Zantos]

My gf is doing that IMVU stuff with her friend and she was looking through a section for what I think might be pets. Anyway, we saw something familar. What we saw was Deathwing. They are using him on their sight. Not even altered. Its Deathwing, but a different name. That isn't where it ends. We also saw the heart of the aspect mount model And the cloud serpent models also being used, although a few weren't the same color as blizzards. It got me wandering, what are the legal repercussions for blatantly using Deathwing for their stuff? They didn't even give Blizzard any credit.

[sizzlinsauce]

gonna at least post a picture or something?

[Rob D]

Well, once you are back from your wanderings, the answer is no. If they are clearly the WOW models, then IMVU is violating copyright laws. You can always send a report to copyright@blizzard.com (Yes, they do have a copyright department) and report it.

Disclaimer: I am not a lawyer nor am I another spineless creature.

[Anshinritsumai]

Most of the stuff on IMVU is user-created content that's submitted and added to the network, as IMVU's approval process is either extremely lax or non-existent altogether.

They could be slapped with some DMCA notices to remove content, but I don't think they will fall under the all-seeing eye of sauron and go to court; as they may be safeguarded by the "Safe Harbor" provisions of the DMCA, the same provisions that protect YouTube and other content providers from whatever their users do (which is why individual videos go down instead of all of YouTube).

I could be wrong though, I'm not a certified expert or lawyer, but that's how I understand the DMCA after all the years of internets under my belt.

[Zantos]

gonna at least post a picture or something?

Honestly do not have a picture.

[Strathaczar]

I found it...

http://www.imvu.com/shop/product.php...cts_id=8571130

I also found these ones too

http://www.imvu.com/shop/product.php...ts_id=16587186

http://www.imvu.com/shop/product.php...ts_id=15705318

http://www.imvu.com/shop/product.php...ts_id=17372985

http://www.imvu.com/shop/product.php...ts_id=16003641

http://www.imvu.com/shop/product.php...ts_id=16004049

http://www.imvu.com/shop/product.php...ts_id=16793574

http://www.imvu.com/shop/product.php...ts_id=15744126

and a WHOLE lot more. There's a TON of Warcraft models as you scroll through the pages, more dragons, and such.

After seeing Ysera, Sylvanas, and Tyrande on there, they may have some agreement with Blizzard. I'm under the assumption that there's an understanding, since they're clearly using the Warcraft models for all three, as well as their names, then maybe there is a compromise between the two companies. I'm not sure.

Then again, someone mentioned that these are fan made items, and it looks like they use in-game currency to purchase said items. Since it looks like there's no profit being made by the company on these particular avatars (except for the purchase of the credits to buy the items), then there may be no legal grounds to stand on, but there could be cease and desist orders for using someone else work. I'm not sure, as I'm not a lawyer and don't pretend to know the law.

EDIT:

Here's a link to "TheSchiffer"s items:

http://www.imvu.com/shop/web_search....rs_id=41992075

There's a ton of WoW items up there (hell, he even has a model of the Frozen Throne), as well as Pokemon and other assorted things.

[ShadowsSpawn]

the guy posting these is getting money off it, I would report it.
looks like the user "TheSchiffer" has about 1/2 the models from wow for sale for between 700-2000 "credits" each.
I cant be stuffed going through this trash site to find out how much money that is.

[Surfd]

Given that all of those are provided by a third Party person, I would have to say no, someone is illegally using model rips from WoW and uploading them for use in the IMVU market. I have no idea if the person doing this is makeing money off of it, but you could always follow the links provided at the bottom of those IMVU market pages:

"This product is provided by a third-party seller, TheSchiffer, who has warranted that they have all appropriate rights to any content involved. IMVU takes copyright infringment seriously. To learn more about our policy, including takedown procedures, please click here. For more on the IMVU Creator program, which lets you create items for sale in the IMVU catalog, please click here. "

I somehow doubt that "TheSchiffer" (whoever that may be) actually has the appropriate rights to the Ysera skin / model (or the other clearly Night Elf models / skins in the linked picture), and blizzard might be interested in things like that.

---------- Post added 2013-04-18 at 05:16 AM ----------

Wow, browsing through that "TheSchiffer" guys catalogue list, he has a crapton of WoW models blatantly ripped and listed on IMVU.

Everything from the Perky Pug pet through Lady Vashj to the complete set of band members for the Tauren Chieftans. If this guy has been making money off these, I really hope Blizzard's lawyers eat him for breakfast.

[Zantos]

Seems like they wont do anything about it unless Blizzard themselfs contact IMVU.

Only the intellectual property rights owner or the owner's authorized agent is permitted to report potentially infringing materials through IMVU's reporting system set forth below. If you are not the intellectual property rights owner or the owner's authorized agent, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

Under their copyright and trademark infringements section.

[breadisfunny]

well if blizzard contacts them im sure they won't like the results. as im sure its not going to be a simple cease and desist letter.