Alphaville Herald

Pixeleen Mistral Files Legal Response to Venkman's DMCA Abuses

Herald news Idoru pseudonym sacrificed in free speech fight

by Peter Ludlow (aka Urizenus Sklar), Herald Founder

Sometimes we all have to take a stand.  In this case Herald Editrix Pixeleen Mistral, facing an outrageous abuse of the DMCA by Kalel Venkman, has, pursuant to Section 512(c)(1)(C) of the DMCA, filed documents disputing Venkman's claims of copyright infringement on screen shots and snippets of chat from the Justice League Unlimited wiki.  As reported earlier in the Herald, the JLU wiki amassed vast amounts of (often false) information on Second Life denizens, including massive chat logs that were in cases recorded without the consent of the parties involved.  In effect, the JLU was running an enormous surveillance program against Second Life users, and were using the DMCA to try and cover up those abuses to keep the public from understanding the full scope and frightening nature of the abuses.  More troubling still is that much of the material Venkman requested be taken down appeared to implicate the involvement of Linden Lab staff member Plexus Linden in the activities of the JLU.

This can only mean trouble for Venkman.  It is illegal under Title 17, United States Code Section 512(f) to knowingly send faulty DMCA notices, and doing so can result in serious legal liability.  For example, there is already established precedent in the Northern District of California (where YouTube is located) holding that when a company knew or should have known that use of copyrighted material is fair use (and therefore, non-infringing), it is a violation of Section 512(f) and the DMCA.  As a result of that violation, the company responsible paid over $100,000 to the parties affected.

Title 17, Section 107 explicitly says that "the fair use of a copyrighted work, including such use by reproduction in copies... for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright." As I said, Venkman is in trouble.

Techdirt Slams Typepad Takedown Of "Clear Cut Fair Use" JLU Coverage

Second Life vigilante gang's coverup tactics questioned

by Idoru Wellman, staff writer

Responding to a questionable copyright infringement claim, last night Typepad gutted the Herald's coverage of the Justice League Unlimited with takedowns of disputed content from six stories. Was this justified? 

Techdirt.com legal issues writer Mike Masnick questions Typepad's handling of the situation in  "Second Life Gang Using Copyright To Stop Discussion Of Its Tactics?"  saying, "Seeing as the publication of the contents was part of a journalistic effort, it seems like a pretty clear case of fair use, and it's a bit upsetting that Typepad automatically sided with those making the copyright claim". Masnick goes on to point out the the irony of the JLU throwing DMCA complaints "seeing as they appear to be infringing on the trademarks of various comic book publishers".

Taking time from blogging for Massively.com about possible slow L$ spacebux payments to Second Life players, writer Tatreu Nino asked "if the JLU weren't using names and images that are the trademarks of highly litigious corporations, there wouldn't even really be a story here, now would there?"

Alphaville Herald founder Urizenus Sklar, responded with a comment of his own:

The point of the Herald articles in question is to illustrate that this virtual vigilante group (calling itself the JLU) was amassing enormous amounts of real life and virtual life information on Second Life players, and apparently they were doing it with the blessing and participation of some employees of Linden Lab (the makers of Second Life). Among the examples that the Herald posted were screenshots of snippets of chat between SL users that had been recorded by the JLU and posted on their Wiki. The JLU did not author the chat logs, they apparently took them in violation of the Linden Lab terms of service and in violation of the privacy of the recorded parties and then posted the information on their wiki. An author of the wiki provided the information to the Herald. The Herald then provided a couple screenshots of bits of this material in order to document the practice and bring it to the attention of SL users.

There is no serious argument that this was not an example of fair use. The JLU is using the DMCA not to protect their intellectual property, but to attempt to cover up their activities.

Six Apart Seeks Safe Harbor From Justice League Unlimited DMCA Storm

Embarrassed Second Life role-play superhero police force swings mighty DMCA hammer again

by Pixeleen Mistral, National Affairs desk

Herald coverage of the Justice League Unlimited has been edited by Six Apart staff to remove text and images which Six Apart has informed the Herald are subject to copyright infringement claims. This action came after the Herald declined to remove the disputed material, pointing out that the Copyright fair use doctrine clearly applies to reporting the abuses of the Justice League Unlimited - a group that has run an ongoing campaign of secret surveillance on members of the Second Life community and compiled a 1700 page wiki containing files about community members that were often false and potentially libelous.

In addition to portions of the Herald's coverage of the JLU activities, a reproduction of the e-mail sent by Six Apart to the Herald informing us of the copyright infringement claims was removed because, according to Six Apart staff, "it contained all the content which was required to be removed".

Six Apart's actions come under the DMCA "safe harbor" provisions for web hosting services. The Herald suggests chillingeffects.org to readers interested in more information about the use and abuse of the DMCA with respect to First Amendment and intellectual property rights.

Typepad Threatens Takedown of Herald Justice League Unlimited Exposé

Will role-play superheros' copyright claims trump free speech?

by Pixeleen Mistral, National Affair desk

[UPDATE: portions of this story have been removed by SixApart staff in response to a DMCA copyright infringement claim - the editrix]

Typepad administrator Jen has given Herald a deadline of January 29th to gut our coverage of the Second Life Justice League Unlimited's wiki, citing a Typepad Terms of Service violation for "displaying copyrighted text and images without permission". The Herald has declined to remove the disputed materials, setting the stage for a new media showdown between the press and an embarrassed group of Second Life avatars brandishing copyright claims.

At issue is the Herald's exposé of the JLU, a group which has run a multi-year surveillance program on members of the Second Life community and compiled 1700 pages of files on other players - files containing often false and potentially libelous information.

To bring the excesses of the JLU to the public's attention, the Herald has quoted from the leaked JLU wiki under the doctrine of fair use. Meanwhile, the JLU has been running a vigorous program of copyright complaints, in hopes that site administrators will not notice the JLU is a group of avatars who wear super hero costumes that infringe on others' intellectual property.

Is Typepad aware of how ridiculous they will appear if they follow through on the threatened take downs [text after the jump] based on a frivolous copyright complaint from virtual spandex clad Second Life avatars? We may find out in the next few days, unless there is an outbreak of common sense at SixApart.

Plexus Linden Gives Second Life Superman Copyright Dance Lessons?

Cozy, classified relationship and implausible deniability

by Pixeleen Mistral, National Affairs desk

[UPDATE: portions of this story have been removed by SixApart staff in response to a DMCA copyright infringement claim - the editrix]

Did Plexus Linden encourage Second Life's copyright-challenged Justice League Unlimited to tap dance around potential IP infringement issues with a wink and a nod, while promising the JLU in-game super powers? JLU leader Kalel Venkman's vigorous pursuit of whack-a-mole takedown actions against sites hosting the leaked JLU wiki are beginning to make sense, as a picture emerges of wannabe game cops desperate to gain favor with the Linden staff, and at least one Linden playing copyright favorites over the objections of his co-workers.

Readers are cautioned that it is possible the leaked chatlogs have been subject to tampering - or revisionist history and wishful thinking on the part of the JLU. There is certainly no lack of misinformation in the JLU’s formerly secret wiki. But Herald researchers point to troubling chatlog passages in several files (BrainiacWiki_Mal-W/default_260.html, BrainiacWiki_Mal-W/default_261.html, and BrainiacWiki_Mal-W/default_286.html) that suggest a cozy secret relationship between the volunteer virtual crime-fighters and the Lab staff charged with enforcing rules in-game.

The first clue that Plexus was deeply invested in the JLU’s existence, despite potential trademark and copyright problems, is found on the page where Kalel Venkman discusses the JLU’s copyright problems and possible solutions (Periwink-whatmall/default_475.html):

“We have been asked by Socrates Linden to take steps to comply with rules about trademark and/or copyright infringement. We have also been told by Plexus Linden to please continue just as we have been, explicitly with respect to our use of well-known characters, as it may be used as a way to get DC Comics and other publishers to take a positive business interest in Second Life. These are directly conflicting instructions.”

Why would Plexus advise the JLU to continue despite the Socrates' copyright concerns? Kalel Venkman mentions that “other GTeam members are taking notice of his 'use' of us and considering the same” suggesting that during the fall of 2007 Plexus Linden had hopes of forming an unpaid player-based junior GTeam to assist the Lab employees. But Plexus was aware that the Lindens should not be seen directly endorsing the JLU, based on both charges of player favoritism and copyright problems - so with a wink and a nod a thin gauze of plausible deniablility was to be constructed.

Justice League Unlimited's BrainiacWiki Papers Coverup?

Kalel Venkman now playing whack-a-mole with file sharing sites

by Pixeleen Mistral, National Affairs desk

The leaked Justice League Unlimited "BrainiacWiki" papers have been yanked from 5 file sharing sites - an apparent coverup attempt by embattled JLU loyalists wielding copyright infringement claims - but it may be too late for this sort of damage control given how widely the wiki has spread. 

Kalel Venkman - an unhealthy interest in tights and surveillance?

The JLU is a spandex tights fetish and role play paramilitary organization which - if the leaked wiki is to be believed - compiles detailed dossiers on Second Life residents the JLU considers enemies. This is all part of the JLU's gameplay - a charming combination of ongoing surveillance of other players, a centralized database and enemies list, and a concerted effort at influencing Linden Lab staff and the in-game abuse report system into permanently banning other players.

Justice League Unlimited Secret Wiki Unmasked by The Wrong Hands

Roleplay police recruit copies, distributes 1700-page wiki  - JLU superhero threatens DMCA, legal action

by Pixeleen Mistral, National Affairs desk

[UPDATE: portions of this story have been removed by SixApart staff in response to a DMCA copyright infringement claim - the editrix]

The Justice League Unlimited's secret Brainiac wiki used to track suspected griefers, record JLU meeting chatlogs, and plot strategies to entice the Linden game gods into banning players was published to at least 5 public file sharing sites Friday. Based on what the Herald has seen of the 1700-page wiki's contents, this leak is a potentially crippling blow the the JLU, as the inner workings of the controversial anti-griefer group are on public display, along with significant amounts of misinformation and hints of what might be improper Linden Governance Team collusion with the JLU.

all ur JLU sekrets r belong to teh interwebs - thanks to Haruhi Thesbian and The Wrong Hands group

Word of the JLU papers' release has been circulating all weekend, but Justice League leader Kalel Venkman was unaware of this until Sunday when a new JLU recruit thanked the group for providing unfettered access to the gameplay superhero police manual. The recruit - Haruhi Thespian - tells the Herald that she was surprised to be allowed to join the JLU after a 4 day waiting period and then be given access to the Brainiac wiki - without a non-disclosure agreement.

Thespian says that this was part of what was apparently a planned operation by a group called "The Wrong Hands". Group infiltration followed by betrayal will be familiar to Herald readers as a standard part of virtual world gameplay.

Lab Responds to Eros and Nomine

Lab's Naked Trademarking and Copyright Preemption defenses explained

by Jessica Holyoke

On Friday, Linden Lab filed its response to the suit filed by Eros, LLC and Shannon Grei.  Most of the responses are unsurprising as most answers admit or deny what the other side is saying.  The affirmative defenses are also not that unusual except for naked trademarking and copyright preemption.  

Naked trademarking is when a trademark owner loses certain rights to the trademark when they don't exercise control over the product when it is sub-licensed out.  In Linden Lab's case, it would appear that they are saying that either Eros, Grei or a class member lost the right to enforce their trademark due to their not ensuring that sub-licensees made the same quality of product as they themselves produced.  It would be interesting to see if they are exerting a defense if the products are sub-licensed through XStreetSL and that if they don't work as well, the sellers lost the right to enforce the contract. 

Copyright preemption is a bit trickier.  Preemption is a constitutional concept where the U.S. government wants their law to override a state's law.  What the Lab would be arguing is that certain goals of the Copyright Act override the state law claims that the plaintiffs are bringing.

Next up are discovery motions to see what each side has for evidence.  Protective orders have already been filed in order to protect the confidential information each side might have. 

Linden Research Denies Eros/Nominee Trademark/Copyright Complaint

Lindens admits Copybot is bad - denies 155 other claims

by Pixeleen Mistral, National Affairs desk

Linden Research has filed a denial-filled response to Eros, LLC and Shannon Grie's intellectual property rights complaint against the maker of the Second Life. The complaint alleges the Lindens have violated the content creators' trademarks and copyrights, materially contributing to and supervising the infringing conduct of others within Second Life - but the Lab's lawyers disagree, and throw down 16 affirmative defenses of their own.

For readers unwilling to wade through the complete response [included after the jump], some highlights:

Linden admits that Second Life includes a Digital Rights Management (“DRM”) system, and upon information and belief, that persons have used third-party programs to circumvent that DRM in the past. On information and belief, Linden admits that CopyBot is a third-party program that allows users to circumvent the Second Life DRM system and copy digital content that is used with Second Life without regard to the copyright or trademark status of that content. Linden admits that such use is prohibited by the Second Life Terms of Service, and denies the remaining allegations of this Paragraph.

Linden admits that on or about June 17, 2008 LR inadvertently disabled some content within Second Life, and that promptly thereafter LR stopped that disabling. Linden lacks sufficient information to admit or deny the remaining allegations of this Paragraph, and on that basis denies them.

Linden admits that LR controls some of the technology and systems that comprise the Second Life platform, that some information related to Residents’ activities is stored on LR servers, that Residents may acquire virtual land within Second Life subject to the Second Life Terms of Service, and that LR charges service fees. Linden lacks sufficient information to admit or deny the remaining allegations of this Paragraph, and on that basis denies them.

Is ToToM the Metaverse Soundtrack?

Balancing creator, mixer, and consumer rights

by Pixeleen Mistral, National Affairs desk

While I was visiting Soviet Woodbury Saturday, the resident communists took time away from building their new workers’ paradise to rez a brightly colored dance floor and an impromptu worker’s dance party took place to an audio stream from http://www.maxxhitsbootlegs.com - a French mashup site that seems to be  on the way to becoming the metaverse soundtrack of choice for both Second Life and Metaplace. At the Metaplace Fashion Show event on Friday we were also dancing to a stream from the site, and I can confirm maxxhitsbootlegs is an in-theme choice for user-generated content worlds in either 2.5D or 3D.

I've begun to wonder if audio mashups are the aural equivalent of the W-Hat goons' and Woodbury /b/tard's builds - unexpected juxtapositions of diverse elements to create a new and typically ironic work - sometimes for fun and sometimes as social commentary. A mashup like Black Butterfly Busters combining Smashing Pumpkins – Bullet with Butterfly Wings + Ram Jam – Black Betty + Ray Parker Jr. – Ghostbusters seems to be saying something, but can the copyright laws and the sampled content creators keep up?

Brown Suede Boots With EULA

A license to wear boots

by Pixeleen Mistral, National Affairs desk

 

you can't read the license terms until after the purchase

I probably should not have been surprised to see that the L$650 pair of ZHAO brown suede boots I bought yesterday came with an End User License Agreement - but no word on refunds should the buyer disagree with the license terms - and no way to read the license until after the purchase. Sion Chickens started us down this path, so why not continue with virtual clothes?

Soon, residents will need to bring a lawyer along when shopping for pixel clothes as a thousand flowers bloom, a thousand schools of thought contend, and a thousand unique EULAs grace Second Life content creators' wares.

I'm looking forward to seeing Second Life Bar Association president Stephen Wu accompanying Gorean slave girls on shopping sprees for silks, bazi tea sets, and scripted collars. Or perhaps the Second Life Bar Association could help the content creators adopt some standard terms and agreements? While they are at it, would a vendor that displays the text of the EULA before purchase too much to ask? That might help establish the idea that both parties willingly entered into an agreement.

Lindens Turn To Cheaper Lawyers in Class Action Complaint?

Lab’s insurance won’t cover Michael Rhodes $800/hour fees

by Pixeleen Mistral, National Affairs desk

According to a story in LAW.COM, the Lindens can’t afford their first choice in legal representation - Michael Rhodes of San Diego law firm Cooley Godward Kronish. At issue is the Eros LLC/Nomine vs. Linden Research class-action trademark and copyright complaint which alleges the Second Life game gods have been less than diligent in protecting players’ copyrighted and trademarked creations - a potential nightmare for the Lab should the legal action end badly. Presumably the Lab would want the best help they can find - but can they afford it?

Michael Rhodes - out of Linden Lab's price range

LAW.COM says that last month he Linden’s staff lawyer Marty Roberts “had initially retained Rhodes to fend off a copyright suit by a maker of virtual sex toys. But Rhodes' rate, which is above $800 an hour, was too high for the insurers. Instead, Linden Lab will be using San Francisco's Durie Tangri”.

The more affordable  Durie Tangri posse

The change in lawyers may explain the delay in the Linden’s response to Stroker and Munchflower’s complaint - presumably there will be some sort of action soon.

Automated Single-Player Zyngo - a Game of Skill or Gambling?

Is Linden Lab making millions from online gam(bl)ing again???

Second Life High Roller Gam(bl)ing - part 3

by Father Jones, investigative reporter

In the previous two parts of this series we looked at the amazing number of high stakes gaming parlors in Second Life and the history of online gambling in Second Life. Although gambling was supposedly banned, games that appear surprisingly similar to gambling have become common again, and this series concludes with a look at the current state of gam(bl)ing in Second Life.

The creative bypass: games of skill !

Not long after Linden Lab wiped out almost all existing casinos, something strange happened to the joy of many: Linden Lab claimed that games of skill were not considered gambling, so those games could continue.

Soon after this revelation, a bingo style game called ‘Zyngo’ made by the Second Life resident Aargle Zymurgy was allowed again by Linden Lab - even though Zyngo was first banned as were other game of chance. Linden Lab ruled the Zyngo game was no longer a game of chance, but was considered a game of skill, despite the fact that the game is a simple bingo game with some extra bonuses. The numbers for every round in this game are randomly generated, as well as the playboard itself. 

Second Life High Roller Gam(bl)ing - part 2

Linden Lab earning millions on virtual gambling - all over again?

by Father Jones, investigative reporter

Has Linden Lab really moved beyond the gambling businesses - a major part Second Life economy before the 2007 gambling ban? With Zyngo parlors publishing odds for auto-play games it is hard to believe online gambling has been replaced by games of skill. A look at the history of gambling in Second Life shows how the Lab has benefited - perhaps accidentally - from lax enforcement of real life gambling laws. In part two of the Herald's gam(bl)ing series, we look at how the metaverse arrived at this wonderfully ambiguous situation

 

Blueline Gaming's weekly "contest": L$500000 ($1747 USD) paid to top 5 scorers

Linden Lab CEO Mark Kingdon’s shining vision for the future of virtual worlds - and Second Life in particular - is that of a virtual home for people all over the world, spanning entertainment, to business, to real life company conferences and marketing - all tied together with exciting new immersive media. But the recent past and present are at odds with this wholesome vision, as some believe a lax approach to intellectual property rights, cybersex, and gambling fuel demand for the Linden’s virtual land and in-world L$ currency. Is the Lab turning a blind eye to high stakes gambling to help grow their bottom line?

The history of online gambling in  Second Life

Linden Lab itself introduced gambling into its world by creating the first open source scripts for simple slot machines. It did not take long for Second Life residents to make their own slot machines and the first low roller casinos popped up. In the beginning it all looked pretty innocent. Playing on a slot for  L$ 1 a game to win up to L$ 30 (about $0.10 USD) was more a matter of having fun and role playing than it was a matter of making money and cashing out to a real life bank account. But things changed between 2005 and 2007.  

Stroker's Lawyer: Case Is About Protecting Creators Against Piracy

Similar case resulted in a $32M USD award to Louis Vuitton

by Pixeleen Mistral, National Affairs desk

The class action lawsuit against Linden Research is about "protecting the rights of content creators against piracy" according to Michael Aschenbrener of the KamberEdelson law firm. Mr. Aschenbrener is the lead attorney representing Mr. Serpentine and Ms. Zaius.

Michael Aschenbrener

When Herald staff contacted Mr. Aschenbrener for comment earlier this week, he summarized the case by saying, "Its not just about a local class, it is about setting a precedent for goods in virtual worlds and the internet at large. Content creators rights have been trampled on with no recourse and this is not acceptable".

Asked for similar cases Aschenbrener said there are not many precedents in this area, but pointed to three similar cases.

A case between Louis Vuitton and a web hosting company was filed in the same venue as the Eros LLC case and resulted in a jury award of $32M USD to the luxury goods maker. In the Louis Vuitton case, the web hosting company was hosting 3rd party web sites selling counterfeit goods. Mr. Aschenbrener said he believes that the case against Linden Research is stronger than the Loius Vuitton case, and significant damages may be awarded.

Eros, LLC v. Linden Research: Initial observations

by Jessica Holyoke

The metaverse is still buzzing with the news of SL Resident Stroker Serpentine filing a class action lawsuit against Linden Lab.  After reading the complaint, a number of things pop up.  As Benjamin Duranske used to warn on Virtually Blind, please remember that this is an active case and situations and facts can change at any time.  Also, do not take this as legal advice.  If you have a specific legal question, seek out your own attorney.

The first thing to bring up would be paragraph 40 in the complaint.  It starts with "Plaintiff did not grant Linden Lab any license, authorization, permission or consent to use the pirated goods, services or works."  It references this part of the ToS: "Linden Lab acknowledges and agrees that, subject to the terms and conditions of this Agreement, you will retain any and all applicable copyright and other intellectual property rights with respect to any Content you create using the Service, to the extent you have such rights under applicable law." 

What it ignores is the following part of the ToS; " Notwithstanding the foregoing, you understand and agree that by submitting your Content to any area of the service, you automatically grant (and you represent and warrant that you have the right to grant) to Linden Lab: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce and distribute your Content within the Service as permitted by you through your interactions on the Service". What this means is that yes, content creators retain intellectual property rights, but you granted Linden Lab the right to make copies of your work that you uploaded. 

Will Stroker and Munchflower Win?

Can players p0wn game gods in court?

by Pixeleen Mistral, National Affairs desk

The gloves have come off with Stroker Serpentine and Muchflower Zaius’ class action lawsuit alleging intellectual property violations for both copyright and trademarked works on the part of Linden Lab.  Both Mr. Serpentine and Ms. Zaius run well-known and successful businesses in the Second Life - Ms. Zaius sells the popular Nomine line of avatar skins and clothes, and Mr. Serpentine’s sexbed business has been covered in depth by the Herald. Their complaint paints a picture of rampant intellectual property theft in Second Life with little in the way of effective enforcement on the part of Linden Lab - a state of affairs that many Second Life residents find all too familiar.

Can Serpentine and Zaius win?

Mr. Serpentine told the Herald that KamberEdelson - his legal council - is nearly certain they can get class action status for the lawsuit, which would allow other Second Life trademark and copyright holders to join the action.

Eros LLC/Nomine vs. Linden Research - The Complete Class Action Complaint

by Pixeleen Mistral, National Affairs desk

Click on the images for a full-sized version of Eros LLC/Nomine vs. Linden Research class action complaint.

Strokerz Toyz/Eros LLC Takes Linden Lab to Court in Class Action Lawsuit!!!

Lawsuit seeks injunction against Linden Research to prevent intellectual property rights infringement in Second Life

by Pixeleen Mistral, National Affairs desk

Shannon Grei and Kevin Aldermann's Eros LLC have filed a complaint in US District Court in Northern California against Linden Reseach alleging "Linden Lab, with knowing and conscious intent to do so, profits in multiple ways and at multiple stages from the illegal conduct" and asks for an injunction to halt the activity. Eros LLC markets a line of sex animations for the virtual world of Second Life, and has built a successful business - but the accumulated frustrations with the weak enforcement of intellectual property rights on the part of Linden Lab seem to have reached the breaking point.

When the Herald contacted Stroker Serpentine for comment, Mr. Serpentine (Kevin Aldermann in real life) said, "This is not about financial gain. Seldom do class actions result in substantial class settlements. This is about a pattern of ambivelence over six years. We want fundamental change in the regard to the very content and creators that made SL what it is today."

The complaint begins:

"Plaintiffs Eros, LLC (“Eros”) and Shannon Grei, d/b/a Nomine (“Grei”) (collectively, “Plaintiffs”), bring this class action complaint against Defendants Linden Research, Inc. and Linden Research International, Inc. (collectively, “Linden Lab” or “Defendant”), headquartered in San Francisco, California, for its practice of violating the real-world intellectual property rights of proprietors of virtual content within the Second Life virtual world (“Second Life”), which Linden Lab owns and operates."

The illegal conduct alleged includes

"directly and secondarily violated the intellectual property rights of Plaintiffs and other Second Life proprietors.  Linden Lab directly and secondarily infringes the trademark of Plaintiff Eros by using Eros’s mark to sell infringing virtual goods within Second Life and by providing the tools to other infringing Second Life users.  Linden Lab directly and secondarily violates the copyrights of Plaintiff
Grei by reproducing and displaying her copyrighted works within Second Life, and by materially contributing to and supervising the infringing conduct of others within Second Life."

What Should I Do With My Hair?

by Jessica Holyoke

One of the things I love about Second Life is the ability to substantially change my appearance by going hair shopping.  In fact, an article by Jimbo Quality addressed how different people look when all they use is the standard issue avatar hair. 

But with the emergence of the new grids, I haven't seen all of the hair designers that I've come to know and love.  Which means I have to discover new hair designers, but have to settle for whatever is out there, not my own particular style. 

After all, if you look at my editorial head shot, it has a pretty specific hair style.  Aimee Weber trademarked her avatar appearance but she might not have made her hair herself.  Any other hairstyle would change her look and possibly change the mark she registered. 

The problem though is what do I buy when I buy a hair style. 

Linden Lab a few weeks back published their wish list for industry standards for copying tools.  One of those standards is that no one may copy an item if they aren't themselves the creator.  But I purchased a hair style.  I didn't steal it, I didn't make it myself, but I paid for something. 

Sion’s Surprise Chicken License Fouls The Nest

Sion Labs may revoke your right to continue paying for virtual chicken food

by Pixeleen Mistral, National Affairs desk

A Second Life chicken food monopoly is apparently not enough for Sion Zaius - the latest Sion Labs chickens include a surprise End User License Agreement that remains hidden until *after* your purchase. The stealth EULA grants Sion Labs rights that would make most greedheads blush -- but not Mr. Zauis.

While the lucrative chicken food market is claimed to feed over 100,000 chickens,  Mr. Zauis may be motivated by threats of legal action from farmers who suffered serious losses after Sion Labs released a botched update that destroyed farmers’ eggs.

According to The Chicken Blog, at least one farmer threatened legal action against Zaius for alleged fraud, and Mr. Zaius threatened to cut of food supplies to all farmers’ birds unless the critic apologized. Eventually cooler heads prevailed, and mass chicken starvation was avoided.

But now critical farmers are no longer an issue - the EULA states Sion Labs can terminate farmers’ chicken-use rights “for any reason or no reason” and restrict access to any and all Sion Products “by blacklisting you and any known alts and/or partners without notice or liability”.

In the event Sion Labs feels the need to reclaim birds, they grant themselves the right to do so “without compensation of any kind for any object or product removed, destroyed, killed or in any way removed from your possession”. Fowl fanciers must also agree to upgrade their chickens within 7 days when new versions are released or face “immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability”.

After spending L$440 on a sionChicken starter set and reading the EULA, I contacted Sion Labs for a refund. I’m still waiting.

Pixeleen Mistral: I bought a chicken start kit - but it didn't say there was a license agreement until AFTER I paid for it
Pixeleen Mistral: I do not agree with the license terms - and I want my money back

Op/Ed: Who is Being Edged Out?

by Jessica Holyoke

As Zindra edged closer to completion, one of my Feminist groups popped up saying that now was the time to remove rape from Second Life, or at least its advertisement or feature in Groups.  They said now was the time to focus on how rape is a violent crime against women.  The description always bothered me because it ignores same sex rape for either gender or if a man were raped by a woman.  I tried at the time to visit gay sims that presented rape as a possibility but apparently no girls were allowed. 

Another one of my groups, Stop Violence Against Women, pointed out another group that stated as its goal the promotion of rape and violent torture of young girls.  That group was abuse reported and closed due to its content but the Anti Violence group was surprised to see another group mentioning rape, torture and dolcett was allowed to stay. 

In response to the other torture group being allowed to stay, a member responded how, as a practitioner of BDSM, most members of that community were opposed to rape, death porn and scat, even though no one brought up excrement as a possible violent act against women. 

“Secret” NDA for Huxley: The Dystopia Leaked!!!

Shhhhhh... don't tell anyone

by Pixeleen Mistral, National Affairs desk

now being translated for your convenience

Huxley is a long anticipated Korean bloodfog-oriented MMO now accepting signups for a closed beta in north america. The trailers for the game include just barely enough cybergrrrls with guns to make the first person shooter look interesting, and the graphics certainly put Second Life to shame, but what doesn't these days? Still, we have to wonder what IJJI’s legal team was thinking.

Is it standard practice to have a non-disclosure agreement says the existence and terms of the agreement are confidential -- then publish the NDA on the front page of your web site where search engines can get at it?

Are IJJI’s lawyers going frag Google for ganking their secret NDA?

LL Playing Gotcha With Land Baron?

IntLibber Brautigan's frozen accounts can’t sell L$ to pay bills

by Pixeleen Mistral, National Affairs desk

  A surprising note appeared on the Ancapistan Capital Exchange website tuesday evening - accord to the press release, IntLibber Brautigan’s virtual land business is having some difficulty covering land tier payments to Linden Lab due to the Lab’s L$ spacebux currency conversion limits.

Linden Lab has an officially sanctioned real money exchange - the Lindex - which players use to both purchase game currency and sell L$ for hard currency. While Linden Lab’s primary business is renting virtual land, a number of entrepreneurs act as middlemen between the Lab and ordinary game players, and accept payment for land rental fees (land tier) in L$. Although the Lab has promoted the in-world economy as a way to make real world money, it only accepts hard currency for land tier payments - and controls the amount of virtual currency that an individual can sell for hard currency.

Apparently, this has left IntLibber Brautigan in a bind, as he claims to have $8000 USD worth of virtual money trapped in accounts that are locked due to delinquent land tier payments.

Legend City Online Fashionista Drama-fest

Should non-payment of land tier result in removal of all creator's content? 

by Jessica Holyoke

Over on Metaversally Speaking, there is a post about a dispute on one of the new OpenSim-based virtual worlds, Legend City Online.   According to the account, Simone Stern volunteered content to Legend City, as well as her name and goodwill.  In return, she was comped the use of land.  Part of the dispute lies in how long she was to be comped for precisely, whether for one month or longer, and if the free sim use was part of a more elaborate deal.   Eventually, Simone was locked out of Legend City online for non-payment of tier.  But her store and content are still active.  A resident there can buy her products and still use them, with legend dollars going into Simone's now inactive account.

Now Metaversally Speaking is stating that Legend City Online stole her content, by retaining her uploads and her fashions and continuing to sell them.  This is despite this Legend City Online Terms of Service provision: 3. Your Retention of Intellectual Property . . . (b) You agree that any content downloaded into or created items in world give Legend City Online automatic rights to use, produce, and or distribute within our services and this content is royalty free, worldwide and carries no balance for fee. Furthermore, you agree that you have the right and are authorized to grant us such content under these conditions.  

The question is, if in a billing dispute, should the content that Simone uploaded to the server now be removed and how much of it should be removed?  For instance, some commentators are saying that if Simone can't log into Legend City Online, then none of her content should be present. [odd that these  commentators are not making similar demands of Linden Lab - another game company known for bans that orphan user-created content and revenues -- the Editrix].

Virtual Sex Industry Mud Wrestling Continues

Corsi Mousehold suspended for “disclosure” after posting SexGen contract chatlog in-world?
SL Sexbed Industry's Dirty Laundry -- Part 3

by Pixeleen Mistral, Irrational Affairs desk

Just how messy the SexGen trademark disagreement between Stroker Serpentine and Corsi Mousehold has grown became clear when my iMojowire 3g went off this afternoon. Corsi Mousehold had located a screenshot of an IM chat with Andrea Faulkner and sent a copy of the screenshot to the Herald. In the chatlog, it appears that Stroker’s deputy Faulkner relays words of Stroker’s agreement to allow independent sale of the SexGen platinum bed.

the chatlog - closeup and transcript after the jump

While the undated chat does not explicitly grant Mousehold the right to use the SexGen trademark, it contains a suggestion that Mousehold had filed a DMCA takedown notice against Mr. Serpentine’s business - presumably for unauthorized use of content -- most likely animations or scripts used in the SexGen sexbeds.

SL Sexbed Industry's Dirty Laundry -- Part 2

by Pixeleen Mistral, National Affairs desk

Corsi Mousehold's content inside SexGen bed sold at Stroker Serpentine's store

In part 1 of this report, we heard from Stroker Serpentine - virtual sex entrepreneur and owner of the SexGen trademark - and learned he is now taking an active role in protecting the good name of SexGen.

To hear the other side of the story I contacted Corsi Mousehold - a community leader in FurNation and also a virtual sex entrepreneur. In interviews friday and saturday, I learned how sexbed scripter Briggi Bard had a falling out with Mr. Serpentine, how Corsi became involved in the creation of a 150 animation sexbed, and how Corsi plans to fight if a negotiated settlement cannot be reached. It seems clear that some sort of shakeup is likely in the Second Life virtual sex industry as money concerns and partnerships gone sour roil the waters.

SexGen Trademark Turmoil - SL Sexbed Industry's Dirty Laundry

Trademark owner Stroker Serpentine goes after Corsi Mousehold

by Pixeleen Mistral, National Affairs desk

---

"I will be thrilled to talk at length about how he is selling my animations without permission and using Briggi's scripts without permission... I have been using the name SexGen with his blessing for TWO YEARS." - Corsi Mousehold

"Briggi doesnt deserve to be dragged into this. Corsi is the very reason we aren't partners to this day. I care a lot for Briggi. We were best friends for years - until the mouse came into the picture. Corsi is a manipulative leech." - Stroker Serpentine

---

Cosri Mousehold - SexGen animator and a pet owed by the wonderful Mistress Briggi Bard - SexGen scripter

What has apparently been an ongoing struggle within the virtual world sex bed business went public friday, with Stroker Serpentine and his lawyer contacting the Herald to claim trademark infringement for unauthorized use of the term “SexGen” in a paid advertisement for Corsi’s Creations new line of sex beds - beds that animate avatars in a variety of sexually explicit poses.

Before responding to Mr. Serpentine and his lawyer’s request for removal of the disputed ad, the Herald consulted with Ms. Mousehold and suggesting that the advertisement had probably served it purpose. Hearing no strong objections from Ms. Mousehold, the ad was removed, but not before a bitter dispute between former collaborators was uncovered. Over the next day, I interviewing both Stroker Serpentine and Corsi Mousehold. The third member of what seems to be a love business triangle - Briggi Bard - was unavailable for comment.

Linden Lab Governance Team Blinks - Reverses Itself

Tizzers BnT brought back from the dead

by Pixeleen Mistral, National Affairs desk

Tizzers at Fort Longcat

A tense stare down developed between residents of Second Life and the Linden game gods earlier this week - part of a struggle over avatar naming rights and a series of preemptive account bans in the absence of any evidence of wrongdoing on the part of the players. Suggestions of corruption and manipulation of the ban hammer wielding governance team surfaced, and at least a dozen innocent accounts with the first name Tizzers were removed from the people list in Second Life.

But after an unscheduled secret meeting of the Linden Lab governance team thursday, Tizzers BnT was brought back to life, and has now re-joined the world - perhaps acknowledging that Linden governance had overstepped its bounds -- and the power of the virtual press to expose government wrongdoing.

Thursday night the reincarnated TIzzers BnT told me, “g-team had a huge meeting today that was not schedule, after the article came out, before tizzers bnt reappeared”.

When I asked how one might detect a Linden givernance team meeting, Tizzers said, “they were all showing as online at the same time, even harry was on ‘til much later than normal”.

Casino Gambling Returns To Second Life

Does Linden Lab approve of gambling for Z$s purchased with L$s ?

by Pixeleen Mistral, National Affairs desk

Z$s cannot be converted to L$s -- so you can cash out here

Just over a year ago, Linden Lab banned gambling in Second Life, a change that sent the in-world economy into a tailspin as virtual casinos across the grid shut down and gamblers took flight from the Lab’s virtual world entertainment product. But now, the casinos are back -- operating under an interesting interpretation of both US law, and apparently within the Linden’s Terms of Service, according to the virtual casino owners.

How is this possible? The creators of the Z$ Zorkmid fictitious currency claim there is a loophole in both the TOS and US law. By using a fictitious currency which cannot be converted directly into L$s, playing games of chance is not really gambling - instead it is a harmless and legal entertainment.

After not gambling on roulette, slot machines, black jack, and similar amusements, pretend punters can pay L$1 to play a game of skill and convert their Z$ winnings into L$s. The object of this game is to match pairs of identical images - with a two minute time limit. The level of skill required is such that most metaverse residents are very unlikely to lose unless they are subject to one of the seemingly random crashes of the SL client software - or massive lag.

One-Hour Abortion Clinic Opens In Second Life Mall

Mall cop says Minerva Linden deleted prim fetus after pro-life group abuse reports --
W-Hat Goons’ Whatview Valley Mall also features Apple Store, Rei’s Rocks, Invisible Prim store

by Pixeleen Mistral, National Affairs desk

teens welcome

Shoppers in WHAT sim will be pleased to learn that the conveniently located Whatview Valley Mall claims to have Second Life’s first and only prim baby abortion clinic. Teens are welcome, and prices start at L$1999, with souvenir photographs available for L$500. A number of virtual world business analysts are now touting this development as a business opportunity with strong growth prospects, given the prevalence of unprotected cybersex in SL, and recession-proof demand for convenient prim baby termination services.

However, there are still challenges for the virtual abortion industry. According to Whatview Valley mall cop Zac Wilcke, there has been some trouble at the abortion clinic recently due to pro-life Second Life residents - leading to abuse reports and and a visit from game god Minerva Linden who apparently deleted the fetus from an in-progress partial birth abortion.

Investors in the clinic were relieved to note that Minerva Linden left in place the shopvac and blood spraying from one of the customers being serviced, sending a clear message about Linden Lab's “Community Standards” enforcement - and also establishing a precedent that allows for at least some sorts of avatar abortions, although not those held to be illegal in the United States. The US Supreme court recently upheld a law banning the Partial-Birth Abortion Ban Act of 2003, so Linden Lab may be seen as simply complying with the law of the land - and helping bring Second Life even closer to real life.

ESC to IRS: We Want Beef!!!

Giff Constable and Michael Morton refuse to repay workers for taxes the IRS says the Sheep should pay

by Pixeleen Mistral, National Affairs desk

After acknowledging an IRS ruling stating Second Life in-world greeters the Electric Sheep Company employed to help visitors to the CSI:NY metaverse/television cross promotional event are ESC employees rather than contractors, the ESC is now changing it’s tune.

Rather than compensating employees for the employer tax/social security contributions the ESC should have made assuming that the workers are actual employees, the company is now taking a defiant line - and says that the IRS ruling is wrong.

While this approach will certainly result in more publicity for the Electric Sheep Company, some observers wonder at the potential costs - wouldn’t it be simpler to just pay the back taxes and move on to developing the metaverse? Or are the ESC accountants and lawyers simply enjoying a bit of roleplay after already having written off the tax costs for misclassified employees? Perhaps it is cheaper to pay the lawyers and accountants than the employees?

Intellectual Property: A Tiny Affair

Who owns the rights to pictures of Tiny avatars?

by Kris Dibou

an example of the disputed illustrations

As I was working on a story for the Herald (regarding a fellow who was writing a children's book on heart health) including illustrations make from screenshots of Tiny avatars in Second Life, I received this note from Ms. Wynx Whiplash, one of the creators of the Tiny avatars:

  In response to accusations by certain parties; I, Wynx Whiplash, am releasing this statement.  All parties except myself will remain nameless as I do not wish to cause others the harm they seem to wish to cause me.

    Thursday May 8th, 2008, I was contacted by a Second Life resident who claimed to be authoring a pamphlet to educate children on the risks of heart disease and I was informed that images of my work were going to be used.  I was taken aback that I had not been consulted first for the use of the images of my avatars.  The resident told me that he did not require my permission.  I politely begged to differ and was concerned for the reactions of other residents whose work he was also photographing.
    Feeling rather upset that someone felt they could use images of my characters whether I wanted them to or not, I unwisely continued the conversation, trying to be helpful, which is my usual demeanor when speaking to someone via instant message. 

IRS Says Virtual Greeters Are Real Employees

Electric Sheep Company VP Giff Constable confirms IRS ruling

by Pixeleen Mistral, National Affairs desk

Misty and Maia are employees - not contractors

This weekend, the Second Life Herald learned that the Internal Revenue Serivce has ruled the greeters employed by the Electric Sheep Company for the CSI:NY metaverse/television cross promotional event are ESC employees rather than contractors. The ruling is significant - it suggests a number of Second Life players-turned workers had their employment status misclassified over the last 6 months. By treating workers as contractors, ESC minimized its paperwork and avoided responsibility for federal tax withholding - as well as sidestepping the employer’s social security withholding contribution.

The CSI:NY hypervent was met with mixed success, but continues on a reduced scale providing work for a number of metaverse residents. I spoke with two greeters in-world sunday evening who confirmed that they were still treated as contractors between assisting confused new players:

Pixeleen Mistral: so... are you an employee of the Electric Sheep Company? or a contractor?
Misty Durant: Pixeleen, we are all contractors
Misty Durant: and that's about all we are free to share with you
Pixeleen Mistral: the ESC says so, right? but what if the IRS says otherwise?

Op/Ed: The Biggest Threat No One Is Talking About

by Jessica Holyoke

I went to the Virtual Law Conference a few weeks back, courtesy of Virtually Blind.  While there, I talked to two lawyers who would bring about the end of Second Life (r) as we know it and no one seems to care.

Dave Echloness is an Employment lawyer out of Colorado.  In his presentation on one of the tracks, it was his contention that if you had employees in Second Life, then you would need to follow the employment laws of where the employee lived.  There's two fantastic things about that.  The first is that if I lived in New Jersey and I worked for someone in New York, that doesn't mean the New York employer has to follow New Jersey employment laws.  What he is suggesting is an impossible maze of regulatory requirements based on employee location when that location is unknown.

Copyright, Content & Behavior: The Vagina Monologues

by Jessica Holyoke

As reported here, http://sexsecond.blogspot.com/2008/01/is-hbo-stopping-vagina-monlogues-in-sl.html, HBO has stated that the in-world production of the Vagina Monologues be halted due to HBO holding the broadcast rights to the production.  Vday.org, the holder of the live performance rights, told the organizers of the SL Vagina Monologues that they had to rescind their authorization of a live performance due to the nature of HBO's broadcast rights.

Copyright treats various types of performances differently.  Going to a real life club and seeing a cover band would entails the band or the bar paying for a performance right.  If that band wants to create an album with those songs, they have to pay a statutory license to the song writer.  If they want to sample a song in a song,  they would have to pay the song writer and the performer a license.  But if they make a video of the song, then they have to pay a film synchronization license, which is more expensive.  (The story of the movie Clerks is that it cost $5000 to produce, until they started looking for music to play in the film.)

If SL is considered an audio-visual work under the copyright statute, then all of the club owners are violating the license held by the internet radio stations.  While there is no other movement on a licensing front, SL could be the next Napster or Grokster.

In the meantime, look for more information on In The Pink at http://sexsecond.blogspot.com/2008/01/our-day-in-sl.html .

Scripter d3adlyc0d3c Retires From PN Griefing Group

PN griefers issue security alert for d3adlyc0d3c’s version of SL client
Does LL’s open source GPL license require publishing exploits?

by Pixeleen Mistral, National Affairs desk

Even the most jaded metaverse resident may raise an eyebrow at the idea that Linden Lab’s open source software license could compel sharing exploits among griefers. But this is the legal theory being advanced by members of the notorious PN griefing group - who would benefit from a peek under the covers of d3adlyc0d3c’s modified version of the ShoopedLife client. The PN has also issued a security alert warning against using the modified SL client until they inspect it's inner workings. It is unlikely that the irony of the PN issuing security warnings and invoking GPL legal arguments is lost on anyone - except PN members.

Why is there such a high level of interest in a 3rd party SL client? Until retiring recently, Mr. Cod3c was one of the main scripters for the PN, and his latest work holds out the possibility of taking advantage of a number of exploits to evade various parcel bans - shifting the balance of power from the landowner to the griefer. Thus far Mr. Cod3c has resisted calls to publish his exploits - explaining in a series of exclusive interviews with the Herald that he wants to go straight and rejoin mainstream SL society. This may place him on shaky legal ground with respect to the GPL-licensed SL client from which the griefer-friendly ShoopedLife client is derived. Most Internet lawyers agree that under the GPL derivative works must publish source code - but what happens when the modified source may illustrate serious exploits in SL itself?

the retirement announcement

Our story begins before Christmas as Mr. Cod3c explained to the Herald that much of the charm of griefing was gone, saying "I have decided to call it quits due to many many personal reasons, including but not limited to, our legal grey area and the fact that we may be vulnerable to civil or even criminal prosecution. Another reason for my retirement is that during my 'career' as a griefer I actually became a very skilled scripter. I intend to use those skills to profit in second life".

Op/Ed: I'm Too Old for This...

Why are Residents believing in Linden Lab's proclamations?

by Jessica Holyoke

The more people discuss Age Verification, the more questions are raised.   The biggest one is why are Residents believing in Linden Lab's proclamations.

The Lab states that "[w]hile not foolproof, age verification can provide an additional layer of trust for inworld businesses and Residents. It also helps ensure that minors can't gain access to inappropriate adult, mature content in Second Life."  In the first sentence, taken from the Knowledge Base FAQ given on the blog, it suggests that age verification will build up trust.  But if you page down on the FAQ, it states  "[o]ther Residents will not be able to view your age verification status -- for example, within your profile.  However, if you are on a parcel that requires age verification, other Residents on that parcel (or having access to your location information) may be able to deduce that fact."  So how does this build trust for inworld businesses and Residents?  It would seem only to do so if you restrict access to your parcel or estate to age-verified avatars.  Otherwise, a resident would never know if someone is age verified unless they ask for proof. 

The second sentence lowers the standard of what should be age-verified.  Inappropriate and mature content goes beyond sexual content and could mean other content such as excessive violence or even political speech depending on the country.  Worse is that the Lab requests that "the community . . . continue to be effective and responsible in ensuring that Residents are sufficiently protected from potentially inappropriate and/or offensive content that is adult in nature. "  Apparently, all people who use SL need to be protected from content, not just minors. 

Age Verify or AgeLock?

by Jessica Holyoke

Agelock - another path to implausible deniability

As Age Verification continues to throw residents for a loop; some cannot verify, some can verify using false information, parcels marked as mature content are not allowing age verified people in, more and more questions are raised as a competing service, AgeLock, is being offered.

AgeLock is a database linked to a scanner placed on mature land.  It provides a drop down window that asks if you are over 18 and asks for your birth date to enter in a database.  Your birthdate and avatar name are linked and would allow you to access adult content anywhere AgeLock is used.  Conceptually, its just like the adult internet sites that ask if you are 18 or over before allowing you to view the content inside.

Stronger Protection for Virtual Sex Toys in SL

Stimulating prospects for fapping-based economy?

by Pixeleen Mistral, National Affairs desk

Benjamin Duranske reports at the Virtually Blind site that a judgement by consent has been filed, settling the copyright and trademark lawsuit brought by several SL content creators against SL resident Rase Kenzo’s real life typist Thomas Simon.

The content creators - including part time nude model Stroker Serpentine - will take away $525 USD in damages from Rase Kenzo - and priceless publicity for their products - having established a what Virtually Blind refers to as “the first formal, if tentative, recognition of virtual property by a U.S. court”. Stroker Serpentine’s SexGen bed is generally acknowledged to be a valued addition to many resident’s virtual McMansions and starter castles/dungeons - and unauthorized copies of the SexGen bed helped spark the lawsuit.

Midas Bank Insolvent - Trouble On The WSE

L$ Spacebuck banking risks get real - liquidity crisis spills over to stock exchange

by Jessica Holyoke

The Midas Bank touches insolvency - creates WSE stock ripples

As suggested in the comments on the SL Crime Wave! - L$3 Million Bank Heist!!! story, Midas Bank is another bank facing insolvency. 

Mr. Midas Commons owns Midas Bank.  He also ran Empire Funds, one of the last known holdings of Ginko Financial.  Midas Bank reported 0.10% daily interest on deposits, which places it in the bottom of the Outlander Bank Survey of daily bank rates.  Back in February of 2007, Midas Bank was described as being primarily invested in gambling and casinos, but weathered the gambling ban for a time. The deposits were listed as being re-invested in loans, capital ventures and WSE and AVIX investments.  As of November 2nd, Midas Bank claimed L$8 million in deposits.

While there have been some concern about Midas Bank's financials, no public signs of trouble occurred until November 2nd.  Midas Commons released a notecard stating that an interest payment that was due on Hope Capital Bonds (HCB) was not paid.  Midas reported having L$3.5 million invested in HCB. The Second Life Exchange Commission reports that L$650,000 was owed to Midas Bank as the interest payment on their HCB holdings.   The WSE reported on October 16th that there would be no interest payment on HCB as scheduled in early November.  Midas Bank contacted the WSE stating that there would be liquidity problems if the interest payment was not paid as promised.

Stop Acting Childish

LL reminds residents they really don't like ageplay

by Jessica Holyoke

What about babyfur avatars?

In another 5pm post from the Labs, Ken D Linden reminds the Community that Sexual Ageplay is not allowed on Second Life.  This is not the first warning - but this time the Lab goes a bit further detail and scope.

The unsurprising prohibition is the depiction prohibition.  You can't "appear to represent minors" in any Sexual or Lewd Act .  Keep in mind that any form also includes text.  So if you and your partner look like adults, you may not be able to call him "Daddy".  (...whether, based on the circumstances, an avatar is speaking or acting like a child (e.g. "My Mommy says...")). 

The second non-surprising no-no is showing children in a lewd or sexual manner.  So at least one of the Lisae Boucher pictures of this summer might be prohibited using this definition - depending on who you are and how you define lewd.

Will the Discrimination Never End? Bush Calls for Ban on Furries.

by Urizenus Sklar, POTUS and Furries Desk

I don't know how we missed this, but we only just picked up the story via Raw Story, which in turn gets the story via Bloggers for Brownback in an article entitled Furries: A Twisted Freak Show of Utter Depravity. The Lefties at Raw Story think its a parody, but we know parody and we know better. Bloggers for Brownback are every bit as serious as we are!

Quoting B4B:

"Fortunately President Bush has recognized the danger of furries and has spoken out against them:

[Quoting the State of the Union Address]: "America Must Recognize The Value Of Every Life. The President called on Congress to pass legislation to prohibit ... creating human-animal hybrids...."

“And furries are completely sick and wrong,” President Bush later added, off the record. “The less said about them the better.” We couldn’t agree more. Well said, Mr. President. We salute you.

But, not surprisingly, “Great” Britain is forging ahead, blissfully unaware of the Pandora’s Box they are opening. The consequences could be dire for the entire planet. Furries around the world rejoiced at this news. Satan himself let out a hearty cheer."

And yes, Nacon, this is important newz, so stuff it.

LL Ducks Responsibility

Our world, your liability

by Pixeleen Mistral, National Affairs desk

Will university faculty be held responsible for bringing students to the libertine free for all educational opportunity that is Second Life? How long until controversy spills over to real life for in-world harassment? Michael Bugeja, director of the school of journalism and communications at Iowa State University, asks these questions in his Second Thoughts about Second Life piece in the Chronicle of Higher Education.

The article suggests that lawsuits can be brought against faculty and their institutions when participation in Second Life is required or recommended and harassing behaviors occurs in-world. Of course, it is hard to imagine harassment in-world. Not evah! There are almost no hard ass pipe hitting PNs in SL who indulge in greifing "for the lulz". So - this is not a problem. What on earth was Bugeja worrying about? Perhaps he was listening to legal council? Sadly, it appears so.

Melissa Blevins - a lawyer who practices civil law - is quoted as saying “If you're requiring participation, holding classes in Second Life, you and/or your institution also may be accepting liability for virtual events that happen there”.

Dutch Politicians Furious With Prosecutor for Dropping SL Ageplay Investigation

by Luuc Writer

Luuc Writer (Lucien Baard irl) is a reporter for the Tentsche Courant Tubantia newspaper in The Netherlands

As reported in the Herald back in February, a Dutch prosecutor opened an investigation into ageplay in Second Life on the grounds that representations of child sex are illegal in the Netherlands, even if children were not involved in the making of the porn. Politicians in the Netherlands are now upset that the prosecutor has dropped the investigation of ageplay in Second Life. The prosecutor’s office in The Hague says the avatars are not realistic enough. Politicians now want an intense discussion with the Department of Justice concerning virtual child porn in general, and specifically in SL.

Spokesman E. Boersman of the prosecutor’s office says that they have been investigating a number of cases, but that prosecutor T. Nooij is sure that a judge will never convict their suspects. "[There is only a prosecutable case] if the virtual children are so realistic that you can't tell whether they are real or not. You have to be thinking there is really a child involved. SL is too much a computer animation."

He also said that prosecutions of child porn cases typically involve large quantities of pornographic material – something that is not the case in Second Life. "Most of the time we find thousands of pictures and movies in the suspect’s possession. [In Second Life] in some cases we find a few virtual pictures. You can imagine that a prosecutor prefers to use the real pictures, so that he is sure that he will get an conviction. You don't want to lose a case, because of the virtual porn is not strong enough evidence."

M. de Pater spokesperson of the Christian Democratic Party (CDA) believes that the Dutch law gives enough opportunities to start a legal case concerning SL-ageplay. "I am not convinced. I want to hear a good explanation why the investigation stopped. Every display of child abuse must be stopped." She gets support from other parties.

Dutch forensic psychiatrist J. Bushman earlier said that “ageplay in SL is a perfect 'school' for a pedophile." He didn’t want to comment now on the prosecutor’s decision, but is convinced that virtual child porn is extremely dangerous for real kids.

Stay tuned.

Dutch Prosecutor Drops Second Life Ageplay Investigation

“child avi’s not realistic enough”

Urizenus Sklar, Dutch Morality Desk

As reported in the Herald back in February, a Dutch prosecutor opened an investigation into ageplay in Second Life on the grounds that representations of child sex are illegal in the Netherlands, even if children were not involved in the making of the porn. Ageplay, which involves adults adopting child avatars and (sometimes) engaging in simulated sexual activities online was at the time a widespread phenomenon on the grid. Since then, Linden Lab has cracked down on ageplay and other forms of “broadly offensive” behavior, but its new policy has been criticized as vague and excessively broad by residents and legal experts alike.

While visiting the University of Twente in the Netherlands this past June, I discussed the issue of the Duch prosecutor with reporter Lucien Baard (Luuc Writer in Second Life)of the Tentsche Courant Tubantia newspaper. Lucien contacted the prosecutor’s office immediately, but was told that the matter was still under investigation. Today, Lucien reports the following:

I know what will happen: nothing. There will be no case. They think the children in SL are not realistic enough.

All of which makes us wonder: Did Linden Lab jump the gun on their new ban on the “broadly offensive?” Did they freak over nothing? Did they do the right thing anyway?

Duranske Blasts New Linden Policy on the “Broadly Offensive”

Just wondering: Who on gopod’s green pixilated earth is in charge of Linden Lab’s legal policy and why do they seem to be on a mission to destroy the company? First, there was the Bragg vs. Linden Lab fiasco, which anyone who has been paying attention would have seen as an obvious legal trap for the Lindens. Now there is the new kneejerk reaction to the problem of ageplay in Second Life, and the Linden’s new policy that they are going to remove “broadly offensive content”, ban people for such content, and enlist the population of Second Life as abuse reporting comrades to police and edit the content of this world.

Setting aside issues of morality for the moment, what is the problem with the policy? Well, according to our friend Benjamin Duranske in Legally Blind, not only is the policy “a poorly considered, dangerously over-broad, and annoyingly opaque policy statement” that “on its face prohibits every military simulation in Second Life” but worse, the Lindens have actually opened themselves up to criminal prosecution by this move. How so? Well very simple:

“it potentially takes Linden Lab out from under the protection of Section 230 of the Communications Decency Act, and thereby exposes it to liability for Second Life users’ creations.” More below the fold. --Uri

Mario Gerosa: "Stop the Criminalization of Second Life!"

It seems like every day there is more bad press about the moral and legal problems with Second Life. Ageplay, for example, has caught the attention of courts and media outlets ranging from the US, to the Netherlands, to Germany, to France to Italy. Mario Gerosa has said "enough is enough" and is fighting back.

Readers will recall Mr. Gerosa as the real life editor of Architectural Digest Italia and author of Mondi Virtuali. He has also made headlines here and elsewhere with his projects that include a virtual tourism agency and and a convention for the preservation of virtual architecture. What will the protest amount too? At this point it appears largely symbolic -- fellow travellers are encouraged to have virtual mug shots taken. Will this protest have traction in the metaverse? Time will tell.

--Uri

"Unconscionable!" Court Blasts Linden Terms of Service, Holds that Philip can be target in Bragg Lawsuit.

Yesterday the US District Court for the District of Pennsylvania ruled on two motions by Linden Lab in the case of Bragg vs. Linden Research. One motion had to do with removing Philip Linden as a target of Bragg's lawsuit. The second issue had to do with Linden Lab's terms of service, which says that any disputes with Linden Lab must go to arbitration. Here is the skinny: Philip *can* be personally targeted, and the ToS is "unconscionable" for a gazillion reasons (We told you so!) -- indeed it is unfair in so many ways it is not even fixable by "bluelining". In other words, this baby is going to court. But beyond this decision, there was the language of the Court, which suggests that not only does the Court understand the issues, but also that Philip is in a great big shitpile of trouble. Following are some choice passages:

p. 14, regarding specific person jurisdiction

Rosedale's personal role was to "bait the hook" for potential customers to make more interactive contact with Linden by visiting Second Life's website. Rosedale's activity was designed to generate additional traffic inside Second Life. He was the hawker sitting outside Second Life's circus tent, singing the marvels of what was contained inside to entice customers to enter. Once inside Second Life, participants could view virtual property, read additional materials about purchasing virtual property, interact with other avatars who owned virtual property, and, ultimately, purchase virtual property themselves. Significantly, participants could even interact with Rosedale's avatar on Second Life during town hall meetings that he held on the topic of virtual property.

That may sound harsh, but think about it. Linden Lab is in the position of (i) telling people that the stuff they buy in Second Life is theirs, but (ii) then turning around and seizing the property. The marketing quotes from Philip are damning:

Updated: Is Business Week Stealing Herald Intellectual Property?

Update: April 18, 10:30PM Linden Time

As of 10:30 this morning the SL Herald attribution has been added to the BallerMoMo pic. Thanks to author Douglas Macmilllan for getting Business Week to fix this in a timely manner.

As Prokofy Neva noted on April 16, Business Week is running an online article in which they lead with a Herald Screenshot of ubergriefer BallerMoMo King. Business Week has been contacted by at least three Herald representatives regarding this matter, and one was told that the matter would be rectified. I personally have emailed the author of the article three times, and he has not responded to any of my inquiries.

Business Week was originally given permission to use Herald screenshots provided that they included attribution to the Second Life Herald. After initial complaints they have included attributions to three of the screenshots, but have not provided an attribution to my screenshot of BallerMoMo King. Accordingly I am revoking their permission to use any Herald screenshots in their article, and I am asking them to immediately remove all such screenshots from their website.

From Business Week, April 16.

From the Herald, December 28, 2004.