I’m really disappointed at Sims3planet. They reuploaded people’s CC without linking to original creator’s website and put monetize link (short.est) to make money from creators.
Guys, If you aren’t aware, Sims3planet upload CC content in their website as their own content without linking to original creator’s website.
Long time ago, I used Sims3planet to download content that had been deleted by original creator or broken link. I’m a creator, and I’ve already aware that my content has been reuploaded by other people/website without my permission, although I put TOU: Do not reupload my custom content to other sites. Do not monetize my custom content.
But when I tried to click my own CC on their download button, it brought me to shorte.st (monetizing like adf.ly) link!
This is really unacceptable.
The site is difficult to navigate also, and I don’t know where to complain.
Please all, beware of this site. Reblog to inform others. Do not support or ever download any CC from that website. Because it reuploaded CC made by various creators then put them behind monetizing link (shorte.st) to make money!
If anyone knows how to complain in Sims3planet, please tell me. Thank you.
Seems to me sims3planet hinges their entire argument on the fact of CC being derivative work. Their way of thinking is that ANYTHING made for the game is a derivative work, which they state nullifies personal rights to it. I don't think it's as simple as that; my work is still my own, EA does not own it or claim it. But nor do I understand the concept completely. What do we know about it and has EA said anything about it?
Your work is still yours. Your pictures are still yours. Even if EA “owns” it, in the sense that we are not entitled to make money off our content, sims3planet cannot claim it. EA removes copied content on their own website. I’m not sure why 3rd party sites would be subject to other rules. Again, looking at the EULA, EA does protect third party intellectual property rights. You can also see that in the online terms set forth by them as well, specifically related to User Generated Content.
However, sims3planet is just digging their own grave further. They only “cite” the EULA (or their interpreted version of it) when convenient for them. They also host, and use Yandex to host, store content as well. I’d love to see anarchy-cat explain the legality of THAT, especially to EA.
(copy of what I sent Mel&Ami)Something is happening, but I don't know what. Yesterday I had counted 21 items of mine on there, now I can only find 16, and unfortunately I hadn't completed my list of what was there so I don't know what I'm now overlooking. I was making the list as I draft these letters. Of the items that I have sent letters for, one is no longer there, it goes to a 404 not found. But that was a DMCA I only sent out a few hours ago, so I'm doubtful the ISP has done anything yet.
Pretty sure they are just moving things. Because they are bastards. I checked all of my links and, sure enough, one of them was not showing up. The Halliwell Manor. However, when I searched the site for “halliwell”, I found it at a different address. If I have to keep sending DMCA violation notices with the updated addresses, I will.
It also appears that all of my content that was uploaded to Yandex has now been moved to whatever server they’re hosting files at directly. Now instead of redirecting to Yandex, the files will automatically download. Not sure where they’re stored but this is new too.
It's a strange morning when you wake up and excitedly send DMCA violation notices. Should I need to, I still have 2 more drafted to yandex and j-p-g.net. For now, I've just sent the letters to EVO and OVH, as well as a copy with personal details removed to sims3planet.
As mspoodle did, I am including a copy of my takedown notice to be sent to the various companies involved.
Also, as it has not been discussed and someone talked to me privately about this, they DO make money off of our content. Perhaps it's not by directly charging for membership or per download but by driving traffic to their site for downloads that are not theirs, they earn money from ad revenue. Bottom line, there is profit involved in this for them.
Letter below: (drafted to be sent to Evoplus LTD, OVH, Yandex, and J-P-G.net)
This letter is official notification under the provisions of Section 512(c) of the Digital Millennium Copyright Act (”DMCA”) to demand removal of the infringing materials. Please be advised that law requires you, as a service provider, to “expeditiously remove or disable access to” the infringing photographs upon receipt of this notice and that the effect of noncompliance may result in your being liable for secondary copyright infringement. The copyrighted work at issue appears on sims3planet.net on the following pages:
Belle's Bakery by HeavenSims
Library of Lore Remodel by HeavenSims
Bachelor Mansion by HeavenSims
Dream Wedding - Flowers by Heaven
Dream Wedding Cakes by heaven
Kalahari Sundress Edit by HeavenSims
Lace Tank by HeavenSims
MTS Official 2014 Calendar by heaven
Spa Price List by heaven
Victorian Window Add-On - EA Match by heaven
Corny but Gourdgeous by Heavensims
Moonlight Falls Default Replacement by HeavenSims
Halliwell Manor by heaven_sent_8_18
The original content, including files and screenshots, appears on either my user account on MTS or my tumblr:
Belle's Bakery
Library of Lore
Bachelor Mansion
Dream Wedding - Flowers
Dream Wedding - Cakes
Kalahari Sundress
Lace Tank
MTS Official 2014 Calendar
Spa Price List
Victorian Window Add-On
Corny but Gourdgeous
Moonlight Falls Default Replacement
Halliwell Manor
I have contacted the admins at sims3planet, pointing them to my terms of use which have explicit "do not reupload" instructions. They asked for proof beyond the original upload links despite all of my content containing my creator name in the file name. I provided them with old work-in-progress pictures, transcripts of chat logs with details and discussions of my work-in-progress, screenshots of project folders containing the original files, etc and they have still refused to remove my content.
The admin email for the website owner, who has reprinted my content illegally and refused to take it down, is [email protected]
I have a good faith belief that use of the materials set forth above and in the manner complained of here is not authorized by me, the copyright holder, or by the law. The information provided here is accurate to the best of my knowledge. I swear under penalty of perjury that I am the copyright holder.
My current contact information is included below my signature and you may reach me for further information or clarification. Please send me a prompt response indicating the actions you have taken to resolve this matter. Sims3planet has threatened to publish personal information, therefore I request that you withhold my personal details, including my real name, from sims3planet.
xxxxxxx (also known as heaven/heavensims/heaven_sent_8_18)
Received an email back from sims3planet regarding my proof that they asked for. This response was just a link to a post on their site. In other words they do not now, or ever, intend to take down my content despite showing them it's mine because they've decided to interpret copyright law and EA's EULA in the way they think it benefits them.
When this happened with sims4forum, research into the process showed that you should ask a person to remove your material and, should they not, then you file the DMCA. There are some things you should include (for new people wanting to email sims3planet). Leefish has a post about it on MTS. Though it was in reference to sims4forum, the process is still the same. The below is now my 3rd email to sims3planet and, I believe, is more than adequate time and correspondence should they not remove my content. Should you want to file a DMCA, there's also information in the link above.
On December 5, 2014 I received an email from your site as a response to my initial request to have my items removed. The email from your site asked for proof that the items in question were indeed mine. I responded by supplying links to every original upload. Should your site have actually made an investigation into the claim, it would have been discovered that all of my files your site have reuploaded have my CREATOR NAME in the file name. Every. Single. One. Each file name starts with "heaven_". That would be me. The only exception to this is the Halliwell Manor. However, if one opens it with Custard, the description includes "Built by heaven_sent_8_18" which is my old username on MTS. Some of the screenshots your site has taken and reuploaded have my name directly on them. All of your upload dates are AFTER my upload dates. All of that should be proof enough.
Now, on December 6, 2014 I have received an email back, untranslated, almost direct word for word of the previous email. The only addition to this one is that URLs are not evidence and that I need to provide documents or source codes. When your site has admins actively participating in the theft, I'm not surprised at the excuses and inadvertent attempts to discourage me from pursuing this further. It's becoming increasingly clear to me that your site has no intentions to respect my terms of use or remove my stolen items from your website and file hosts. As such, I have compiled a huge list full of WIP shots posted before upload date, screenshots of project folders with original material not released, etc.
Tumblr Uploads
Belle's Bakery: WIP Post # 1 and # 2 WIP Post : Both are WIP posts. Both posts date a week before the lot was ever released.
Library of Lore: WIP post #1, WIP post #2, WIP post #3. I've also attached a screen capture of the chat log from MTS #create chat channel showing my communication with other members as I worked on this lot. The date is highlighted along with the corresponding text to the pictures linked here.
Bachelor Mansion: this is probably the most ridiculous one. I hosted an entire challenge in this house before it was ever released: Bachelor Challenge. The first pictures of my bachelor in the house were posted 7 MONTHS before the download date. But here are more WIP pictures: post #1, post #2, and post #3 since I'm sure you'll need more proof.
Kalahari Sundress: again, I'm including some WIP posts: post #1, post #2, and post #3 as well as attaching a chat log. Again, the relevant items and date are highlighted in the chat log.
Lace Tank: More WIP pictures. In WorkingShirt01, not only can you see my name at the top of the file, you can also see the date in the bottom corner: 2/16/2014. WorkingShirt02.jpg is another WIP as well. Additionally, I've once again provided a screenshot of a chat log, relevant items and date highlighted.
Corny But Gourdgeous: WIP shots posted on tumblr days before the lot was released: WIP post #1 and WIP post #2. It was also my simblreen gift and a private post on my tumblr before it was released publicly.
Moonlight Falls Default Replacement: Attached is a screenshot of my CAW folder with all the different WIP files I had before releasing them. You will see the dates match the date on the file (if you actually look at it). Additionally the date of the latest files match the date of the upload post as well.
MTS Uploads
Recolorable Flowers: I have attached a screenshot of my projects folder.
Recolorable Cakes: As with the above, I have attached a screenshot of my projects folder.
MTS Official 2014 Calendar: part of a contest on MTS. Also have included a screenshot of my projects folder for these. Which, if you'll note, include the original dds files. Additionally, the date modified on the files are all over a week before the upload was released.
Victorian Window Add-On: WIP pictures: windows post #1 and windows post #2 as well as MTS chat open as leefish helped me create them. You will see the time stamp on the bottom as 12/6/2013. Also included a screenshot of my projects folder.
Spa Price List: Another projects folder screenshot showing original dds files.
Halliwell Manor: as mentioned above, the description in game, as shown by Custard has my name. Screenshot attached showing my old name in Custard as well as the property details showing the date of the item originally uploaded.
Additonally, because I am sure I will be asked for this next, if one looks at my MTS profile and compares some of my older upload screenshots with the newer ones, you will see that I used to be heaven_sent_8_18 and received a name change to heaven.
I believe that I have more than met the demands that I go above and beyond to show proof that these uploads are indeed mine. As I mentioned in both my previous emails to your site, I demand that all of my materials: uploads, screenshots, files, text etc be completely removed from your site and your hosting site. You do not have permission to host my items now or in the future. Do not post ANY of my content on your site at any time.
As I have complied with your extravagant demands to show proof, failure to promptly remove my items will result in a DMCA violation report to your server host. I will not go around in circles about this any more.
