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Virtual Intellectual Property Organization www.vipo-online.org.

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Presentation on theme: "Virtual Intellectual Property Organization www.vipo-online.org."— Presentation transcript:

1 Virtual Intellectual Property Organization

2 VIPO The Virtual Intellectual Property Organization (VIPO) was registered as a not for profit corporation in 2008, after being founded as a group in the Second Life virtual world in VIPO obtained 501c3 status in VIPO encourages and supports the development, use, protection and registration of intellectual property that is created, by users, within or for use within virtual environments, such as Internet based websites, clouds, worlds, and games by providing access to specialized legal services to content creators in the area of intellectual property. VIPO exerts a progressive influence on the issues and policies concerning content creation, protection, enforcement, transfer and labeling in web based or virtual environments, offers online mediation and dispute resolution services and maintains records of user generated content and registered intellectual property rights that relate to VIPO purposes. The purposes for which VIPO was formed are exclusively charitable, educational, literary, artistic, scientific, and cultural, including the support of user generated intellectual property rights owners, particularly in the context of virtual environments, concerning the use and development of intellectual property including related rights and trade or transfer of these assets including providing access to information as well as legal services related to international intellectual property administration, enforcement and dispute resolution.

3 Mission In order to further its purposes and mission, VIPO develops programs in three areas: IP Management and Training, User Generated IP and Online Enforcement, and Dispute Resolution. The Virtual Intellectual Property Organization (VIPO) was registered as a not for profit corporation in 2008, after being founded as a group in the Second Life virtual world in VIPO obtained 501c3 status in VIPO encourages and supports the development, use, protection and registration of intellectual property that is created, by users, within or for use within virtual environments, such as Internet based websites, clouds, worlds, and games by providing access to specialized legal services to content creators in the area of intellectual property. VIPO exerts a progressive influence on the issues and policies concerning content creation, protection, enforcement, transfer and labeling in web based or virtual environments, offers online mediation and dispute resolution services and maintains records of user generated content and registered intellectual property rights that relate to VIPO purposes. The purposes for which VIPO was formed are exclusively charitable, educational, literary, artistic, scientific, and cultural, including the support of user generated intellectual property rights owners, particularly in the context of virtual environments, concerning the use and development of intellectual property including related rights and trade or transfer of these assets including providing access to information as well as legal services related to international intellectual property administration, enforcement and dispute resolution.

4 Virtual Environments Virtual environments are online spaces supporting user interaction and within which users are granted access to tools by the host which allow them to perform any number of actions including cloud computing, gaming, communicating via text or video chat, regardless of whether the account used to access the environment is provided free of charge or for rates. In a nutshell there are three main features of virtual environments: 1)require establishing a user account; 2)require assent to a terms of service or end user license agreement (EULA), and 3) active not passive sites, meaning they allow user interaction and or the ability to post and or upload content. Virtual environments accordingly, are not virtual worlds exclusively but include social media and networking, sites and extend as far as virtual lockers, clouds and other online communication and data exchange based services.

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6 Second Life TOS 12. DISPUTE RESOLUTION AND ARBITRATION 12.1 If a dispute arises between you and Linden Lab regarding a claim for less than $10,000, either party may resolve it through Arbitration instead of Litigation. Our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Thus, for any claim related to this Agreement or our Service, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10, USD), either we or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

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8 YouTube TOS 14. General You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over YouTube, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and YouTube that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service, together with the Privacy Notice at and any other legal notices published by YouTube on the Service, shall constitute the entire agreement between you and YouTube concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and YouTube's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YouTube reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND YOUTUBE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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10 Facebook TOS 16.Disputes 1.You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Facebook exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims. 2.If anyone brings a claim against us related to your actions, content or information on Facebook, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Facebook and are not responsible for the content or information users transmit or share on Facebook. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Facebook. We are not responsible for the conduct, whether online or offline, or any user of Facebook. 3.WE TRY TO KEEP FACEBOOK UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FACEBOOK AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FACEBOOK WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT FACEBOOK WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. FACEBOOK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FACEBOOK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FACEBOOK WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FACEBOOK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

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12 Second Life TOS 12. DISPUTE RESOLUTION AND ARBITRATION 12.1 If a dispute arises between you and Linden Lab regarding a claim for less than $10,000, either party may resolve it through Arbitration instead of Litigation. Our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Thus, for any claim related to this Agreement or our Service, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10, USD), either we or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

13 American Arbitration Association Procedure: courtroom rules of evidence are not strictly applicable; there usually is no motion practice or formal discovery; and there is no requirement for transcripts of the proceedings or for written opinions of the arbitrators. ***There may be no formal discovery, BUT the AAA’s various commercial rules allow the arbitrator to require production of relevant information and documents.

14 American Arbitration Association An Initial Filing Fee is payable in full by a filing party when a claim, counterclaim, or additional claim is filed. A Final Fee will be incurred for all cases that proceed to their first hearing. This fee will be payable in advance at the time that the first hearing is scheduled. This fee will be refunded at the conclusion of the case if no hearings have occurred. However, if the Association is not notified at least 24 hours before the time of the scheduled hearing, the Final Fee will remain due and will not be refunded. These fees will be billed in accordance with the following schedule: Amount of Claim Initial Filing Fee Final Fee Above $0 to $10,000 $775$200 Above $10,000 to $75,000 $975$300

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16 eBay User Agreement Legal Disputes You and eBay agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the eBay User Agreement (hereafter "User Agreement" in this section entitled "Legal Disputes"), your use of or access to eBay's sites, services, applications, and tools, or any products or services sold or purchased through eBay’s sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

17 eBay User Agreement B. Agreement to Arbitrate You and eBay each agree that any and all disputes or claims that have arisen or may arise between you and eBay relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to eBay's sites, services, applications, and tools, or any products or services sold or purchased through eBay’s sites, services, applications, or tools shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

18 Online Dispute Resolution Online dispute resolution is s a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). [1]dispute resolutionnegotiationmediationarbitrationalternative dispute resolution [1] However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.

19 Online Dispute Resolution eBay’s preferred dispute resolution provider, offers two services: a free web-based forum which allows users to attempt to resolve their differences on their own or if necessary, the use of a professional mediator.

20 Online Dispute Resolution “All eBay buyers and sellers can use this online dispute resolution service. It’s free to file a complaint. SquareTrade will contact and encourage the other party to respond to your case. Because we believe this service helps make eBay a better place to trade, you can request the assistance of a professional mediator for $15 (eBay will subsidize the rest of the cost).”

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22 4.3 You will comply with the processes of the Digital Millennium Copyright Act regarding copyright infringement claims covered under such Act. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found within the world of Second Life can be identified and removed via Linden Lab's DMCA compliance process listed at and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. Second Life TOS

23 Report Abuse: Help Menu option Allows a resident to click on an object and obtain information such as its name and owner. Automatically takes a screenshot and provides the slurl location of the abuse. Requires the submission of details such as the date, the nature of the abuse and provides a space for including this information as well as relevant chat or IM. Send cease and desist letter -requires cost benefit analysis Trademarks

24 For additional information please visit our website and send inquiries to or an IM to Juris Amat


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