Can of worms: another GamersBrand bargain?
You know how it is once you have been a few months in SL. Your inventory is bursting with clothing and hair and textures, and stuff you have bought and stuff you’ve been given, and if a creator, stuff you have made. You’ve been to the main freebie places – when I started that was Stillman Bazaar and a much smaller Gnubie store, and really you don’t often have occasion to visit them on your own account again.
Well, not often, and not like a new resident. Until I created a new character as part of the testing for a client. Starting with a fresh new inventory, I reported on my visit to the Gnubie store the other day. In the Gnubie store, the creators of items make them for the store, and charge $0 or $1 Linden at the most for the items that they sell. It is well organised, and well ordered. You won’t find any creator’s sales items given away free, and notices ask people not to sell the items that they gather there. Gnubie store gets an A+ for honesty, organisation and generosity.
Fast forward to today, and I visited a freebie place which could not be more different….
GamersBrand has a professional logo and a private island and a lot of visitors. The traffic on the island today is 86,514, and that doesn’t surprise me as there were 90 avatars on the island when I visited, all exploring the island and everything it has to offer.
I visited the group website, but I must say that I was still a little confused about what they do. This is what they say about themselves: “GamersBrand Entertainment, LLC is an internet network featuring web service, content, and community websites devoted to the gaming community. We offer a wide varierty of online entities satisfying many needs of the online global market.” So far, so good. A little further down they say: “Our overall goal is to create a variety of entertainment sites to offer a variety of services in order to satisfy the need of an ever growing global marketplace.”
GamersBrand Island in SL consists of walkways linking vending areas containing piles of boxes. It is fairly confusing when you first arrive: some of the boxes have prices on them, and yet seem to be selling for $0 Linden. There is a huge range of stuff… clothes, shoes, jewellery, textures, sex stuff, combat stuff, almost anything that an avatar might need.
I looked into some of the boxes, and they seemed to be giving away full perms merchandise. Now I was already starting to be fairly attentive to the range of material on offer, but what really caught my attention was the fact that a number of items came up with “unknown” creator, and others showed that creations from several different creators had been crammed together in a box.
After some digging around in the boxes myself, IMing people named as creators of objects in some of the boxes, and some pretty long notecard conversations with Doug Pau, who is in charge of GamersBrand island in SL, I discovered that:
- they are selling items such as the infamous sex bed, for free, a bed which has been the subject of repeated DMCA takedowns. To be fair Doug Pau did eventually remove the bed from sale, but the rose rug — which has also been the subject of successful DMCA takedowns — contains similarly illegal animations;
- they are selling items from shop-in-a-box deals, which they may have paid 20,000 lindens for, but which they are selling as individual items for $5 lindens, thus undercutting ordinary residents who have bought the same shops;
- they are giving away items originally from shop-in-a-box schemes, and don’t seem to have much idea about whose IP they are, or on what condition they were originally released. One set of jeans, which were all boxed by the same person, shows an outrageous number of lindens on the box, but is actually free. The jeans inside have a variety of creators including “unknown”. The creators I tracked down told me that they had been chasing down these boxes all over the grid, because the jeans inside were meant to be free, but had been packaged up as part of a shop-in-a-box scheme. I’d hazard a guess that some of the boxes being sold originate here and get sold elsewhere;
(There are boxes and boxes of stuff all over the island. There are shop-in-a-box scams all over SL, involving freebies or a collection of full perms material that people have picked up from yard sales, some of it exploited, some copied outside it’s licence, some just free. Some of these are being sold, full perms here, sometimes boxed up with a price on the box. )
- they are giving away a huge range of items, having received them from diverse sources, and not necessarily the original creator. There are literally *hundreds* of items over the island now, and the IP status of many of them is necessarily unclear. I was told that they do not sell things full mods, but this is demonstrably not true. Many of the items which my alt bought or copied for free, were full perms inside restricted perms boxes. I could pull full perms animations out of the pole dancer poles, for example, too.
I have started the process of tracking down the originators for some of the full perms items, to see if they are aware that their creations are being given away for free, or in some cases, sold when they are meant to be free, and I assume that process will continue for some days over the items I chose to look at. I am also hoping to make contact with the RL company GamersBrand to see what they have to say for themselves.
At first glance, you may think that this is no different from a hundred freebie and yard sale places where things that ought not to be given away free are given away and things that ought to be given free are charge for…. But I would remind you that this is a commercial company who wishes to promote online gaming and provide what the player wants. Is this what *you* want? It looks as though they have decided that making a splash in SL and maybe a fast buck too, given the number of avatars on their island, is worth the chance that the odd creator or three will notice them and start to ask questions. Well guess what? I am a very odd creator and I ask a lot of questions when I see something that is this wrong going on.
Now you know, I feel I ought to be investigating everything there, but honestly! I could work at it from now until Christmas and still only cover a small part of what is there, because they didn’t do what they ought to have done. In the end I decided that I couldn’t investigate all … but looking more closely at the big box of textures demonstrates nearly all of the types of situations which arise with the many items on the island.
It’s a BIG box of textures… 10,000 and more it says. It has a price of $499 on it. Bargain! But wait, it is actually “selling” for $0. So… I look at the box and it tells me that lex Fitzcarraldo is the creator. I buy a box. A folder with many boxes opens in my inventory. 302 ultimate interior textures, 100 beverage textures, 100 churches and temples and so on down the folder..
Looking into the boxes, 302 ultimate interior textures all show lex Fitzcarraldo as the creator of the textures in that box – many of them 1024×1024 textures. So … if lex Fitcarraldo intended his textures to be sold for $499 dollars, how come they are set for $0 on GamersBrand?
But wait a minute… here are Linden textures, textures from Gnubie by Jai Nomad, bundled up together in one of the boxes, and without the Gnubie store terms and conditions. The box says $200, although it was inside the box with $499 painted on the side which I bought for $0.
Another box from inside this box… Drift Monde textures – never to be resold, I know, I’ve read the agreement – a whole series of Drift Monde’s textures. So… in one package we have Drift’s textures which she sells full perms on condition they should never be resold or given away… Gnubie textures which need the licence with them… textures that are the IP of the originator of the boxes, which he appeared to intend to sell bundled with the others for $499, but which are huge…. I only opened three of the boxes out of about 30 in the folder. Many have such a lot of textures in, it is quite painful to look at items in the box, and I didn’t want 10,000 extra textures in my inventory.
GamersBrand appear to me to have demonstrated no concern for the right ordering of their business in SL… the impression I get, is that if it looks as if they can attract traffic and do it on the backs of the SL creators, they will. They have not spent the necessary time in ensuring that they are not selling things or giving away things they ought not to. I have emailed the RL company for their opinion on it. When I receive a reply you can be sure I will let you know. Meanwhile, if you are as appalled as I am by what you find on GamersBrand, abuse report any IP infringements but why not email them to tell them how you feel?
Remember what they said about themselves? “Our overall goal is to create a variety of entertainment sites to offer a variety of services in order to satisfy the need of an ever growing global marketplace.” In SL that seems to involve infringing the IP and rights of creators, and promoting poor business practices. Frankly, if Gnubie store is an A+ model of what a freebie store should be, GamersBrand is the Z- what-not-to-do example to us all.
I can’t finish without a word about the lack of protection from Linden Lab of our IP as creators. Some of these items were created by people who have been issued with more than one DMCA takedown notice. Shouldn’t deliberately exploiting someone’s IP in this way be a once a warning, two times you’re suspended and three times you are out sort of deal? And shouldn’t a Linden be taking a very close look at GamersBrand Island for themselves? Is it REALLY necessary to make the individual creators issue DMCA after DMCA to take this company out of business in SL until they can tell a freebie from a full perms object and know how to work out whether something retains full permissions? Can you hear me in Chicago?
August 25th, 2007 • 
Caliandris Pendragon • 
Commerce, Copyrights, DMCA, Drama, Reviews, Second Life, TOS • 
12 Comments »
comment | August 25, 2007 at 12:12 | individual comment-link
Dear Editor,
I would like to comment on some of the points of your article in relation to gamers brand, I would like to first note that none of my comments, opinions or points of views directly reflect my company iota Studios. But I would like to send a reply in regards to this article.
Without disclosing private information and client agreements, I am able to give you my experience as dealing with Doug Pau. I done contract work for the Gamers Brand Company on several occasions wether it is building items, buildings, or other items misc. On all encounters with Doug Pau, owner of the company Gamers Brand, I had found him to be a very professional customer, and business man. On several occasions I have had the pleasure of speaking with him on the topic of his long term goals for Gamers Brand in SL.
I think readers should first understand the true intentions of GamersBrand, and its owner. The first and foremost purpose of Gamers Brand and the Owner, from my understanding has always been to provide free or nearly free items to new users and veterans of SL alike… in doing they are also generally higher quality than that of most freebies. This is being done in hopes that it will force other businesses not to drop out or be harmed but instead to increase the quality of their builds, items, and objects they have for sale. Also will stop new users from buying poorly built objects for outrageous prices. Yes, Gamers Brand’s Logo is highly present.. as in any company providing a service would be, they are providing a nearly free services for basically no profit. You look at their items, and all the locations they own and the land tier and island tier they are paying do you realistically believe they are making a enormous if any profit off giving out items for 1L$ or less? I think things should really be though about before really going out and attacking a company for doing something for the benefit of other users. I don’t see IBM with a freebie ISLAND, and I don’t see other multimillion dollar companies doing what this small company from brazil is doint. Another aspect we should be looking at is that all items and vendors were fairly purchased, or aquired through legal practices, and even though there are ways around the system.. I have a very hard time believing they could do it on such a massive level without allready being a big red dot on the Linden Lab radar. I am sure if anything was being done illegially.. Gamers Brand company would have allready been shut down by Linden Labs. I also believe that people should also go and experience for themselves to make their own decisions, rather than relying on a single source for their first impression of a SL service. I hope that in the future people will gather solid evidence of any alledged illegial activities before slandering, accusing or maliciously attacking a company for its services. On a last note from my dealings with Doug Pau, if there was any items in question that they would be immediatley be removed, to ensure that all practices, and services provided by Gamers Brand would be legal and fair beyond reasonable doubt.
I hope this has helped bring another side of the story to this article from a non biased perspective, and people will see this as an act to inform the public, not a verbal attack on the editor.
Thank you very much for your time, and I wish you the best.
Perefim Cao
comment | August 25, 2007 at 12:51 | individual comment-link
you know how sad this is? its great that people are giving stuff away free. if you dont want your stuff to spread over the grid, dont make your crap full perm. that simple. gamersbrand is not doing anything wrong. you need to spend more time getting your facts straight and talk to everyone to get all sides of the story. you probably spent more time looking for flaws than you did talking to doug pau. this blog is very bias also. you spoke to doug pau with the intent to dig up more dirt and undermind his reasons for doing what he does.
He helps to keep new players online. gamersbrand is the counter attack against stores that sell resale stuff for ridiculous ammots of cash.
Theres also Cory Toll that helps out with the island. Did you bother talking to him? I spoke to both them ingame and they are very nice people. putting down what they do is just silly, especially if its not fair and bias. you clearly werent unbias from the begining. and i hope people will one day realise that stuff made for resale looks like slightly above adverage freebies anyway. you’ll also probably delete any comments that dont agree with you. i wouldnt be supprised. this post is bias and unfair. people need to here the man himself before they judge.
comment | August 26, 2007 at 18:17 | individual comment-link
“you’ll also probably delete any comments that dont agree with you”
No, Bob, our group doesn’t do that. In fact, we tend to encourage conversation and correction, where applicable.
“this blog is very bias also.”
Really? And you know that after reading one post? Two? Five?
“you probably spent more time looking for flaws than you did talking to doug pau.”
Actually, there is a follow-up post here where Caliandris not only indicates speaking to doug, but encouraging any others with problems with DMCA concerns that they speak to him directly about object takedowns.
comment | August 27, 2007 at 00:23 | individual comment-link
Perefim:
I leave other people to make their own minds up. If you think it is a jolly good thing to take other people’s work and make it free to copy, then I respect your right to have your own opinion.
comment | August 27, 2007 at 00:24 | individual comment-link
Bob:
Not only do I not delete comments, I actually left my luctrative blogging post at SecondLifeInsider because they banned Prokofy from making comments that I disagreed with on the blog. I leave other people to make up their own minds, and respect your right to disagree with me.
comment | August 27, 2007 at 00:29 | individual comment-link
Thanks TD. Actually I was up all night talking in a long notecard back-and-forth with Doug Pau. I didn’t quote him because I thought the facts spoke for themselves.
comment | August 27, 2007 at 08:09 | individual comment-link
Caliandris:
” I leave other people to make their own minds up. If you think it is a jolly good thing to take other people’s work and make it free to copy, then I respect your right to have your own opinion.”
Now, I don’t believe that is what I was posting. First when you say “take” in the context makes it sound like your saying that not only are you accusing Gamersbrand of stealing the items and making them free to copy, but you also sound like your calling me a theif as well, and that I approve of stealing others work. I have in no manner said anything against your personal character, only the possibility that you may have made an error in your judgement on a SL service. As I have stated many times before, to the best of my knowledge gamers brand purchased those items legally, if he is giving them away instead of buying them to resell for profit then more power to him. If you believe that I would support or stand up for someone committing criminal or illegal activites then I have several highly respected developers, company CEO’s and island administrators that would be willing to say otherwise.
Thank you for your reply,
Perefim Cao
comment | August 27, 2007 at 09:12 | individual comment-link
Perefim:
GamersBrand have many items for sale or for free on their island which have been sold to them by people who did not have the right to do that. I don’t know what your definition of “take” is, but I would say that someone who does the SL equivalent of buying a car stereo in a pub is “taking” even if they paid the thief for the goods.
The fact remains that even if GamersBrand are willing to take down things like that, they should never have been put up in the first place. The onus lies with them to be sure they have the right to copy, sell or give away things before they do it, not with the creators to chase around the grid trying to prevent this from happening.
comment | August 27, 2007 at 10:25 | individual comment-link
Caliandris,
Why don’t you look at it this way, look how many items they have, and how much time it would take for them to email, or phone on every item they buy to verify that they actually sold it with those rights. How do you know items that you buy every day aren’t stolen, or how do you know when you go to a bank that you might not be getting handed a counterfit twenty dollar bill. There is such a vast majority of ways that so called “Stolen” items bleed into the market, and if the seller or creator truly wants to protect themselves they should consider using the in world permission settings so that way other users are not given permission to hand off items, or resell them. I feel it is the creators mistake if they didn’t set the permissions correctly on their item. I own a very successful shop in SL, selling items I have created, I make sure to give them copy, and mod, but no transfer, and have never in my entire time as a professional content developer had anything of mine stolen. Another point is when I do contract work I do give the client full permissions, and by doing that I know I am freely signing over my rights to that item for the price on the invoice. So whenever I release an item into the SL market with full permissions mod,copy,trans I know very well that my items could and have a very high chance of being distributed any number of manners to anyone. If the creator wants to protect themself, put the appropriate permissions. If your looking for someone to blame then blame the “theif” and if your looking for the theif it isn’t Gamers brand.
Also in regards to your comment ” The fact remains that even if GamersBrand are willing to take down things like that, they should never have been put up in the first place”
Why cutdown gamersbrand for being willing to correct an honest error. it would be like you dropping something and it breaking, and then telling the owner of the object I am sorry I will replace it. Then the owner of the broken object would tell you… well if your willing to replace it why did you drop it in the first place!
Mistakes happen and atleast they are willing to do what they can to the best of their knowledge to follow all rules and regulations.. and since your post has even taken further measures in making sure that all items in question are either removed or have verified permission to be redistributed.
I also believe any further discussion this topic is only going to result in arguement, or senseless finger pointing without further evidence. I hope my views and opinions have brought a different perspective to the readers, I do not believe it would bring any progress for me to comment on the topic any further.
Thanks for your reply,
Perefim Cao
comment | August 27, 2007 at 11:19 | individual comment-link
Perefim, you said: “Why cutdown gamersbrand for being willing to correct an honest error. ”
*Is* that what they are doing? I don’t think it was an honest error, and I don’t think they are correcting it. Look at the Gnubie store – *that’s* how to run an honest freebie store. This is a ripoff palace. Have GamersBrand commissioned articles for giving away? Have they checked the items with the creators to ensure that the freebies ought to be free and the other items ought to be sold. No. This isn’t an honest mistake, it is exploitation of the creators’ work to fulfil the greed of people to gain something for nothing.
They are not now removing all items and checking with the creators, they are waiting for them to complain and ask for them to be taken down.
I leave the readers to make their own mind up.
comment | August 27, 2007 at 17:03 | individual comment-link
Caliandris,
“Have GamersBrand commissioned articles for giving away?”
I love how you answer this no, even though Gamersbrand commissioned over 1800US$ worth of items to be made for its use. Maybe you should check your facts before stating what Gamersbrand has and hasn’t done. If you still dissagree I am sure Doug Pau can show you the reciepts on the transactions for the ordered items. This further more proves your going on assumptions rather than solid evidence.
Also you say that you leave the readeers to make up their own minds, yet when a commenter merely suggests alertinatives or possibilities you promptly shoot down any thing that doesn’t directly agree with your perception of the situation. You leave no room for any possibilities and insist that your views are the only correct ones on the topic and everyone else is wrong but you.
comment | November 6, 2008 at 18:48 | individual comment-link
Wow, its really been a year since this? Time passes quick in RL and SL.
Anyways, this is Doug Pau. I was working on some things in SL earlier when someone reminded me and a staff member about this blog post that arose a year ago. I got some free time right now so I figured I’d update this so its not left unsaid
Not a single person ever contacted us about removing any of our Freebies.
As always we only offer freebies we created, our developers created, or that were given to us by the original owners or someone with proper permissions.
A year has passed and we no longer just offer free items and help for new players. We now offer free advertising for new businesses on our grid-wide network RezAds.com, and we offer custom designed rent-free standalone stores on mainland roadside to help new sellers/creators a chance to sell their products with $0L overhead.