Curio: Party Girl Celebration and Settlement Frustration

jan02_004
Dress by Leverocci

Like many other fashionistas who have long enjoyed and appreciated Gala Phoenix’s skins, I was thrilled to read that a settlement had been reached and Curio’s doors are open once again. To celebrate, Gala released an entire pack of her skins, with all the makeups and all the tones, to her in-world group. What a generous gift, especially in celebration of what must have been a very frustrating process. I think many people are feeling frustrated. I know I have mixed emotions. My celebration that Curio has returned to the grid is tempered by the very real disappointment that the settlement precludes the storybook verdict and vindication that all the courtroom dramas promise us.

jan02_001
Shoes by Ison

Reality is so damned complicated. When you watch a courtroom drama, you don’t see the hundreds of dollars spent on photocopies, the thousands spent on research, travel, recordings, and document filings and the tens of thousands spent on stenographers, lawyers and time off from working. There always seems to be enough money or the lawyers are working pro bono and their firms always forget to set them a budget. That’s not the real world experience where most cases end in settlement when one party or the other just runs out of money. I worked for an organization that made that very hard decision to settle because the cost to fight, despite our conviction that we would win, was twice our annual budget while the cost of settlement would be about 6 weeks of our budget. That did not change what we thought in our hearts, no more than Galileo really thought the sun circled the earth after he settled with the Catholic church and released his abjuration, the equivalent of a modern day settlement agreement.

jan02_005
Jewelry by Kunglers. Hair by Truth.

For many people who supported the One Voice fundraiser and donated to Gala’s legal fees, this settlement is more than anticlimactic. It’s heartbreaking. After so many years of frustration with the failings of DMCAs and the limits on copyright protection in Second Life, there was a hope and expectation that once and for all justice would prevail and the good guys would ride off into the sunset leaving the bad guys in the dust. People could envision forensic examinations of PSD files that provided definitive proof that could be laid out on the table with a great big, “See! I told you so.” Of course, those experts would cost $250.00 or more per hour. This settlement does not give us that. The settlement feels like the status quo ante, although it is not. Under the status quo, Gala was prevented from selling her skins. The settlement changes that and brings her back, so there is a small victory. The larger victory, well that would have cost Gala more than the Second Life community has a right to ask.

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Skin by Curio.

To keep fighting, Gala would have had to continue to go without her income from Second Life. She would have had difficulty with real life work since she would be spending a lot of time in litigation. She would continue to accrue expenses for the legal fight, expenses that could easily run to $250,000 or more. Even with an expectation that she might win and have those legal fees paid by the other party, there’s no guarantee that the other person would have the money to pay the fees and she would still be in debt. And an expectation of winning is not a guarantee. Not to mention how this was all complicated by being a case brought in another country. Moreover, she would not just have her legal expenses. She would have her living expenses as well. To continue fighting would require she forego income, risk her family’s resources and continue to spend and spend with no guaranteed outcome. Yes, it is disappointing that the storybook ending did not come through, but her decision to settle is perfectly understandable in the cold light of day. And so it is over and there is a statement that probably makes no one completely happy and that is how the law often works.

Justice and the law are not the same thing. Sometimes they don’t even speak the same language. And from the law, we get the settlement which says that “each store was created separately and individually.” That’s a curious turn of phrase since the dispute was about the creation of skins, not stores. However, it was something they could agree on, so they could move forward. Justice is more complicated and sometimes takes longer. However, one thing about justice. It does not require a deposition. It only requires that you follow your heart and your instincts and show your support for the store you believe is in the right.

Store info at Blogging Second Life
****SHOPPING LIST******
Poses: Reel Expressions (store is closed)
Skin: :GP: Petal [Dark] Party Girl-Bubbly 1
Eyes: Poetic Colors
Lashes:Lelutka
Hair: >TRUTH< Soleil – quince
Clothing: Leverocci – Orchid Dress_M_Tan
Shoes: ISON – miraya open-toe bootie -left- (dusty rose)
Jewelry: (Kunglers Extra) Monolito bracelet
(Kunglers Extra) Nirvana -
Location: Scarlet Creative Lightbox

this post has 24 plurk responses, click here to plurk page[+][-]
最近的 plurk 回應:
ElfAwesome post!
AshaGreat article. It is the sanest thing I've read about the settlement so far.
Stormy WildeGreat article.
SkyeGreat post!
CyriousNicely written.
VakiGod, thank you, thank you, thank you, thank you, thank you. You've said so many things I'm not allowed to say.
~Aeva~nicely written Cajsa!
CircleThanks Cajsa, that helps me to understand a lot more about the legal side of things. (K)
Cajsa or OscarThanks, I am glad you all liked it. It makes me so nervous to post what some would call a "drama" post.
VakiThat wasn't a drama post. That was a defuse drama post.
Cajsa or OscarI am glad you see it that way. You are right about my motivation. I know there is dissatisfaction with the settlement. Hell, I am dissatisfied. Oh, well, I am not the one whose life is was on hold. However,
Cajsa or OscarI do get some satisfaction from the one part of the statement that says “each store was created separately and individually.” I have this scenario in my head for how that sentence came to be with Party A
Cajsa or Oscarsaying "I will not say her skins are original" and Party B saying "I will not say I copied anything." and it going round and round until someone says, well...at least she didn't copy her store....
Cajsa or Oscarand then there's a ding-ding-ding and they all agree, oh yes, no one copied their stores. That we can agree on.
Sil GrahamYeah but it does say they both offer incredible and unique skins. >.>
Sil GrahamThat rubs me the wrong way BUT I assuming it was something they had to say or something like that.
Sil GrahamAnd I can *100%* understand settling for financial reasons.
Cajsa or OscarYes, and incredible and unique does not mean original. After all, once you alter something, it is different from the original, it is unique.
Sugartitsvery well written
VakiCajsaLilliehook: God, I wish I could just comment on what you just said.
Sil GrahamJust booty pop instead. Pop out the silent frustration!
Vaki
Sil Graham\o/
DarkleyThanks Cajsa, i was thinking along those lines, but i couldnt express it :-D

About Cajsa Lilliehook

Santino Rice's little ditty "It's only fashion" seems a perfect title for my little fashion blog as you and i know that fashion means the world to him. Co-founder of It's Only Fashion and Blogging Second Life.

9 thoughts on “Curio: Party Girl Celebration and Settlement Frustration

  1. What a fabulous post, Cajsa. I haven’t been on Plurk, so I’m somewhat isolated from the controversies caused by this settlement, but I have had some people comment to me personally. It would’ve been great to see true justice prevail, but as you said… the expense is unthinkable to most of us, and as Gala’s main income source was Curio, that just adds another layer of complexity.

    The truth is, this case could’ve dragged out for years. Gala might’ve never come back to creating in SL, and people who donated time, money and their creations to her cause would’ve likely been unhappy and/or dissatisfied with that, too.

    I blogged for One Voice, and I bought items and made donations. I don’t regret a penny or the time spent. I still think it was a good cause, and I am truly overjoyed Curio is back. I don’t require an itemized list of how Gala spent the money raised. I was happy to help in my own small way, and I’d never expect that when the cause was a personal one (as opposed to a fundraiser for a set charity).

  2. Hi Cajsa, great post. Interesting that the only figure anyone was prepared to give as regards a “straightforward” copyright case was 250K – ten times more than what One Voice raised. Gala’s case, as far as I know, would not have been straightfoward – it’s been mentioned that she did not respond to the counter-filing of the DMCA, and did not have copyright registered on her works. Yet, some naive people out there think Gala should have gone all the way to court and feel betrayed she did not? Hmm.

    The skin looks great on you BTW!

  3. Thanks. Yes, legal costs are kind of astonishing. Most people simply cannot afford their day in court. I wish it were otherwise. I guess, here were see the difference between real lawyers and those that play them on TV or the internet.

  4. Brilliant post. Thanks for sharing the news; I’m just so glad she’s back. Gala creates beautiful skins and they deserve to be seen, worn and enjoyed on the grid. Her work has always been pure artistry and the fact she’s had to endure such a torrid time of it is completely heart-wrenching and quite frankly, unacceptable.
    But the dust is starting to settle and I am so glad of that.
    Gala is back and oh boy that makes me happy in so many ways that I can’t share them because they’re a bit rude..suffice to say I am a VERY happy Kitty indeed. WB Gala! Crikey how I’ve missed you!
    (PS what group did the skins go out to? I fear I’ve missed the nicies which is usually the case where I’m concerned..I’m a bit backwards like that)

  5. Well, the justice will come from the costumers: I won’t buy from the other shop and bloggers won’t blog her.

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