Lawsuit Against IMVU for Modifying Audio Items

tkennedy
by tkennedy · 51 posts
13 years ago in IMVU News
Posted 12 years ago
CreatorPuppet wrote:
Notice how quickly this topic disappeared, this is more than likely a fake law suit.

Sounds like someone is an IMVU staff hugger. First off how is a lawsuit fake? Second off you need a substantial amount of people before you can take on a company. Third off why did you come too post on a topic if you think its fake?

-- Wed Nov 16, 2011 11:05 pm --

DogtagsDC wrote:
Get the word out... we're now live. Uncensored. All under one roof. http://www.imvusucks.com


Thats so chill! xD Imvusucks.com! Genius idea!
Posted 12 years ago
I don't think it's fake at all, but anyone have any update on the status of this?
Posted 11 years ago
My opinion is that it is absolutely right to file this lawsuit. I am looking forward to hear what the final judgement of this at the court is. I'll tell the user tkennedy who wrote here about how I have had trouble due to especially the fact that the twenty second time limit has affected also products submitted before introducing it and how that has made plenty of my products practically unusable. And also to amend the complaint with the fact that the United States Of America is not the only country where this causes trouble: I live myself in the Republic of Finland and I have only twice so far visited the United States, in 1990, 1991 and 2000, and these visits have both been on different parts of the East coast - I've never been to the US West coast yet.

This has for example affected the fact that I can no longer use such a song which I have myself translated from English into Finnish. Its musical composition and English words originate from movie actor D. Wahlberg Jr who grew up in Massachusetts. The title is called "Summertime" and it has been available to public since 2008. That is one of the tracks for which these IMVU audio products have very recently stopped working correctly after twenty seconds. I as the translator between aforementioned languages of this song and as being able to sing it myself in both these two languages, am very worried also about the fact that the original version has become unplayable on IMVU. Nor is it available in full length at the IMVU music store.

-- Fri May 11, 2012 8:51 pm --

This week IMVU announced again some policy change that may affect not directly me but a lot of other IMVU users. This seems also somehow a thing where a class action against IMVU could be filed as well as there is an action ongoing for modifying the audio items.

Non-VIPs can no longer start creating stuff to the IMVU catalog, unless they have created before May 8th 2012. This is a change to the policy. Earlier it was enough to buy the name but now they require for new developers that they have to be VIP when they develop products. If they let their VIP expire without renewing it, they lose their rights to develop products.

However, as I have a VIP account, and I have no intention to boycott IMVU to that far that I would lose the VIP status, this new change doesn't affect me directly, but I know a lot of such IMVU users who will be affected badly by this change. And also we are affected the way that there will be less products in the catalog for us to buy.

Anyway, I'd still like to get informed on how it is going with the lawsuit about modifying audio items, as that has had direct consequences to products in my inventory.
Posted 11 years ago
The case can be seen here as "IMVU Music Products": http://www.gutridesafier.com/cases/

Once the case moves from the active section to the resolved section, then we shall know.
Cases like this can sometimes take a decade to resolve though.
Posted 8 years ago
they rip me off 4 time I till you if I have the money I put a lot of trouble on there door step and thin by them out and delete all the kids and open it back up 18 and older I have stuff they sell and told me back in 06 it was ok after being on so long they change ever thing there holing one of my imvu acc and will not disable it and there making money off it the acc I am trying to get back is from 08 and it haves will over 1 mil of cr on it there giving me a run around and its lies on top of lies there is a web sit they will show you if its on or not and its been there for yes there being payed off it I have ever thing saved I did on the acc there holding and file that are made for imvu and only imvu there is no othere program online for them kind of files its a scam and a rip off I do not see imvu being around much longer do to this unsafe chat for kids there asking to join and selling ap for nudeness the file for this program are not for kids but being sold I like imvu its the owner thay don't run it right delete the kids open shop let all make money
Posted 8 years ago
just got this in mail


Why am I receiving this notice?

You are receiving this notice because a class action settlement may affect you. According to our records, during the period September 21, 2008 to December 1, 2010, you used IMVU credits to purchase, from the IMVU virtual catalog, one or more audio files whose playback length was greater than twenty seconds; you used the IMVU application at least once after January 31, 2011, when IMVU limited the playback length of all audio files to twenty seconds; you have not held an IMVU Account that had been terminated by IMVU for violations of IMVU terms of service; and you have your country of residence setting in the IMVU application set as the United States.

What’s this about?

A lawsuit was brought against IMVU. It claims that IMVU promised not to shorten the audio files that you purchased and should give refunds because it broke that promise. IMVU contends that the file size reduction was necessary, that it complied with the terms of service, and that IMVU has always truthfully marketed its service. The Court has not determined who is correct. To avoid the costs and risks of continued litigation, the parties have agreed to a settlement. Under the settlement, IMVU has agreed to remove the restrictions that prevented full playback length of the affected audio files. It also has agreed to give partial refunds to purchasers of the affected audio files, pay Court-approved incentives to the customer who brought the lawsuit, pay Court-approved fees and costs to their counsel, and pay all settlement administration costs. The settlement releases all class members’ claims against IMVU regarding the truncation of the affected audio files.

What can I receive?

If the Court approves the settlement, and you fall within the group described in the first paragraph of this email, you will automatically receive a refund of IMVU promotional credits (“Predits”). The Predits will be computed as 60% of the IMVU Credits that you used to pay for the affected audio products. They will be deposited in your IMVU Account. If you do not wish to receive IMVU Predits, you can choose to receive a refund of IMVU Credits, computed as 30% of the IMVU Credits that you used to pay for the affected audio products. Alternatively, you can choose to receive a cash refund, computed as 30% of the IMVU Credits that you used to pay for the Affected Audio Products, times $0.00040 per IMVU Credit.

How do I make a claim?

It is not necessary to make a claim. You will automatically receive the refund of IMVU Predits. If you wish to receive the IMVU Credits or cash instead of the IMVU Predits, you must file a benefit elections form, available here. Benefit elections forms are due by March 20, 2016.

What are my other options?

You can exclude yourself from the class if you want to be able to sue IMVU separately for the claims released by the settlement. If you exclude yourself, you cannot file a claim or object to the settlement.

Alternatively, you can object to the settlement by filing papers in the California Superior Court in San Jose, California (MacKinnon v. IMVU , Santa Clara Super. Ct. Case No. 1-11-cv-193767). If you object to the settlement, you also can appear at the settlement approval hearing or can hire your own attorney to appear, although your objection will be considered even if you do not appear or hire an attorney.
You must file or mail your exclusion or objection by January 22, 2016 by following the specific instructions at http://www.audiofilesettlement.com.
The Court will hold a hearing on February 19, 2016 at 9:00 a.m. to consider whether to approve the settlement. If the settlement is approved, the attorneys for the class will ask the Court to award them up to $1,150,000.00 in fees, reasonable costs and expenses, and to award up to $10,000 as an incentive to the customer who started the lawsuit. This hearing date may change without further notice to you.
For updated information on the hearing date and time, or to view the precise terms and conditions of the settlement, please see the settlement agreement available at the settlement website: http://www.audiofilesettlement.com; contact class counsel at Gutride Safier LLP, 100 Pine Street, Suite 1250, San Francisco, CA 94111; or access the Court’s docket in this case at http://www.sccaseinfo.org or http://www.scefiling.org (enter case number 111CV193767) or in person at Records, Superior Court for the State of California, County of Santa Clara, 191 North First Street, San Jose, CA 95113, from 8:30 a.m. and 3:00 p.m., Monday through Friday, excluding Court holidays.
Posted 8 years ago
Wow, I would love to get a seat at that hearing lol. Shame I'm all the away across the state. I bet some interesting information can be found by looking through the involved parties list, like who represents IMVU, for starters, I was hoping that there might be some documents of IMVU's submitted code, but it doesn't look like that's going to happen lol. Also, does anyone find it crazy that the plaintiff was an actual user of IMVU? Oh snap wait a second, there's copies of personal emails from IMVU staff members within some of these documents as exhibits! They have their full names and email addresses. Anybody know if that can be useful for something? Like mass complaints possibly?

And I've already found some interesting facts that we might be able to use. I'll keep posting them here as I find them:

    According to the case file, the 20 second music limitation is: "Just a config variable for the client so the 20 sec music threshold will be applied all the way back to v404(the initial version with music)"

Does this mean while we're waiting for the outcome of this settlement might be able to circumvent it with IMVUlite, and have access to the full length of music again?
Posted 8 years ago
Xacto wrote:
Wow, I would love to get a seat at that hearing lol. Shame I'm all the away across the state. I bet some interesting information can be found by looking through the involved parties list, like who represents IMVU, for starters, I was hoping that there might be some documents of IMVU's submitted code, but it doesn't look like that's going to happen lol. Also, does anyone find it crazy that the plaintiff was an actual user of IMVU? Oh snap wait a second, there's copies of personal emails from IMVU staff members within some of these documents as exhibits! They have their full names and email addresses. Anybody know if that can be useful for something? Like mass complaints possibly?And I've already found some interesting facts that we might be able to use. I'll keep posting them here as I find them:According to the case file, the 20 second music limitation is: "Just a config variable for the client so the 20 sec music threshold will be applied all the way back to v404(the initial version with music)"
Does this mean while we're waiting for the outcome of this settlement might be able to circumvent it with IMVUlite, and have access to the full length of music again?


there already are mass complaints as far as imvu goes and have been for years now but nothing is done about that
Posted 8 years ago
adryan87 wrote:
Xacto wrote:Wow, I would love to get a seat at that hearing lol. Shame I'm all the away across the state. I bet some interesting information can be found by looking through the involved parties list, like who represents IMVU, for starters, I was hoping that there might be some documents of IMVU's submitted code, but it doesn't look like that's going to happen lol. Also, does anyone find it crazy that the plaintiff was an actual user of IMVU? Oh snap wait a second, there's copies of personal emails from IMVU staff members within some of these documents as exhibits! They have their full names and email addresses. Anybody know if that can be useful for something? Like mass complaints possibly?And I've already found some interesting facts that we might be able to use. I'll keep posting them here as I find them:According to the case file, the 20 second music limitation is: "Just a config variable for the client so the 20 sec music threshold will be applied all the way back to v404(the initial version with music)"
Does this mean while we're waiting for the outcome of this settlement might be able to circumvent it with IMVUlite, and have access to the full length of music again?


there already are mass complaints as far as imvu goes and have been for years now but nothing is done about that



I have read many threads/complains regarding this music products cut in to 20sec clips.. many has lost their sales and people are also complaining and asking refunds from creators as well....this has been an on going problem/complain that for many years has not been solved...we hope this class action suit would...

-- Tue Nov 17, 2015 5:07 pm --

adryan87 wrote:
just got this in mailWhy am I receiving this notice?You are receiving this notice because a class action settlement may affect you. According to our records, during the period September 21, 2008 to December 1, 2010, you used IMVU credits to purchase, from the IMVU virtual catalog, one or more audio files whose playback length was greater than twenty seconds; you used the IMVU application at least once after January 31, 2011, when IMVU limited the playback length of all audio files to twenty seconds; you have not held an IMVU Account that had been terminated by IMVU for violations of IMVU terms of service; and you have your country of residence setting in the IMVU application set as the United States.What’s this about?A lawsuit was brought against IMVU. It claims that IMVU promised not to shorten the audio files that you purchased and should give refunds because it broke that promise. IMVU contends that the file size reduction was necessary, that it complied with the terms of service, and that IMVU has always truthfully marketed its service. The Court has not determined who is correct. To avoid the costs and risks of continued litigation, the parties have agreed to a settlement. Under the settlement, IMVU has agreed to remove the restrictions that prevented full playback length of the affected audio files. It also has agreed to give partial refunds to purchasers of the affected audio files, pay Court-approved incentives to the customer who brought the lawsuit, pay Court-approved fees and costs to their counsel, and pay all settlement administration costs. The settlement releases all class members’ claims against IMVU regarding the truncation of the affected audio files.What can I receive?If the Court approves the settlement, and you fall within the group described in the first paragraph of this email, you will automatically receive a refund of IMVU promotional credits (“Predits”). The Predits will be computed as 60% of the IMVU Credits that you used to pay for the affected audio products. They will be deposited in your IMVU Account. If you do not wish to receive IMVU Predits, you can choose to receive a refund of IMVU Credits, computed as 30% of the IMVU Credits that you used to pay for the affected audio products. Alternatively, you can choose to receive a cash refund, computed as 30% of the IMVU Credits that you used to pay for the Affected Audio Products, times $0.00040 per IMVU Credit.How do I make a claim?It is not necessary to make a claim. You will automatically receive the refund of IMVU Predits. If you wish to receive the IMVU Credits or cash instead of the IMVU Predits, you must file a benefit elections form, available here. Benefit elections forms are due by March 20, 2016.What are my other options?You can exclude yourself from the class if you want to be able to sue IMVU separately for the claims released by the settlement. If you exclude yourself, you cannot file a claim or object to the settlement.Alternatively, you can object to the settlement by filing papers in the California Superior Court in San Jose, California (MacKinnon v. IMVU , Santa Clara Super. Ct. Case No. 1-11-cv-193767). If you object to the settlement, you also can appear at the settlement approval hearing or can hire your own attorney to appear, although your objection will be considered even if you do not appear or hire an attorney.
You must file or mail your exclusion or objection by January 22, 2016 by following the specific instructions at http://www.audiofilesettlement.com.
The Court will hold a hearing on February 19, 2016 at 9:00 a.m. to consider whether to approve the settlement. If the settlement is approved, the attorneys for the class will ask the Court to award them up to $1,150,000.00 in fees, reasonable costs and expenses, and to award up to $10,000 as an incentive to the customer who started the lawsuit. This hearing date may change without further notice to you.
For updated information on the hearing date and time, or to view the precise terms and conditions of the settlement, please see the settlement agreement available at the settlement website: http://www.audiofilesettlement.com; contact class counsel at Gutride Safier LLP, 100 Pine Street, Suite 1250, San Francisco, CA 94111; or access the Court’s docket in this case at http://www.sccaseinfo.org or http://www.scefiling.org (enter case number 111CV193767) or in person at Records, Superior Court for the State of California, County of Santa Clara, 191 North First Street, San Jose, CA 95113, from 8:30 a.m. and 3:00 p.m., Monday through Friday, excluding Court holidays.



Wow! you must have bought a lot of imvu music products....I hope you all win this case...

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