
This week, two of the more successful creators in Second Life filed a class action suit against Linden Labs due to lost business resulting from other players copying their items and selling them as their own. This is a very touchy issue for a lot of people, the thread at sluniverse.com was 15 pages long in the first 24 hours of the post.
I thought I’d share some thoughts on this. I am not a lawyer, and I have no clue how this will play out. My best guess is an out of court settlement that will not change the situation at all. Personally, I believe that there is plenty of blame and misunderstanding to go around.
Lets start with the basics:
1.) Second Life was not designed with security, copyright, or IP protection in mind. Otherwise, 60% of all textures and 90% of all sound files would have never made it into the game.
2.) It is technically impossible to stop the copying of textures and objects on to people’s hard drives, and damn near impossible to stop these copied textures and objects from being imported back into the game under a different “creator” name.
Linden Labs has failed in two ways:
1.) They failed to publicize facts 1 and 2 above, thus giving most players the false impression that they can make what they want and no one could copy it. Even worse, they instituted a policy early on that the rights to all textures, animations, scripts, etc imported into the game would remain with the player that imported them, thus implying that they can be safely used in game.
2.) They have failed to enforce copyright claims, even at the bare minimum level an internet “service” is expected to do. Claiming to be a “service” and claiming only the users of the service are responsible if they violate copyright or trademarks has not stopped other internet services from getting take down notices, and should not stop Linden Labs either.
The filers of the class action are stating some things in the class action that are clearly not true as well. Take a look at point 6 on page 3:
6. Linden Labs has the means to simply and easily halt the alleged conduct, but refuses to do so because it makes too much money from all the infringement. Plaintiffs bring this lawsuit in order to prevent Linden Labs from continuing to commit trademark and copyright infringement and to recover damages for Linden Labs unlawful behavior.
This paragraph is for the most part false, and its inclusion undermines paragraph 4 and other parts of the complaint. Especially false are the words “simply and easily” as if a simple command into some SQL database would solve a complex copyright issue.
There are a lot of ideas floating around to prevent copyright issues from coming up in the first place, and I have yet to see one that would not seriously harm legitimate businesses or the SL economy as a whole. The most popular is to not allow people who do not have financial data on file to cash out lindens for dollars, in hopes that the lack of anonymity will scare away copy scammers. The flaw is that it is not necessary to use Lindex to buy and sell lindens. If LL starts restricting the Lindex, it will open up third party exchanges.
The only way around these loopholes is to not allow any unverified free accounts to have any lindens at all. This will further deteriorate new player experience, and ultimately hurt the economy as a whole as it limits the customer base.
The least harmful way to enforce copyright is the “You Tube” way. Take it down if a copyright holder wants it taken down. The burden of proof of a copyright claim would be on the copyright claimer, requiring evidence that you uploaded said texture or created said item before the copy, to prevent false reporting for griefing purposes.
Complaints regarding copyright or trademark should be investigated. If the investigation determines the claim is valid, the offending object gets removed and replaced in people’s inventories with a notecard explaining what happened, and who made the complaint. It should also possibly result in the suspension of the copiers account, rescinding of land holdings and lindens.
I know this would result in a lot of innocent victims losing stuff they paid for, resulting in lots of complaints, but it could lead to other reforms for the better, like a rep system or insurance system. Who says these have to be run by SL?
Even this is not a fool proof system, but it is a way of doing something, which is more than they are doing now.
Some other 3DVWs that allow user created content that can be bought and sold by players, namely There and IMVU, have restrictive approval requirements, that also cost money to submit new items, and it takes days to get it approved. This makes sure people aren’t copying other peoples work, but it also slows way down the growth of content in the virtual world. Second Life has definitely benefitted from the exponential growth afforded from an open submission policy. Restricting the policy would completely change every aspect of Second Life.
In conclusion, I believe this lawsuit will never get to court and will end in some settlement. I’m not worried that SL will close, I am worried that LL will have to make some draconian change in policy that will ruin SL. Getting rid of the offending material, and maybe the offending avatars is fine.
Making changes to the submission process, or making economic changes, would no doubt do more harm than good.
Metaverse News
copyrights, legal, linden labs, secondlife