Linden Lab Gets Legal With Helpful Resource On Using Second Life For Education

from the trademark-abuse dept

Chalk up another victory for trademark bullying. Linden Lab, the creator of Second Life, apparently just got around to registering certain Second Life trademarks, but wasted no time using them to shove around at least one site that was only helping to get more people to use Second Life. Game Politics points us to the news that the operator of the Second Life in Education Wiki was on the receiving end of a legal nastygram. This is, frankly, dumb.

The site has been around for over two years without an issue, and helps educators better understand ways to use Second Life as a tool for education. It's clearly put together outside of the auspices of Linden Lab, but is a useful tool for educators who want to use the virtual world. It's the sort of thing Linden Lab should be encouraging. No "moron in a hurry" would go to the wiki and think that it was run by Linden Lab. Linden Lab's lawyers will, of course, claim that they have to monitor uses of their marks to avoid it going generic, but that's a cop out. They do not need to go after anyone who uses the mark in any way. In a case like this, where it's clearly an educational tool, not being used to describe a different or competing platform, there's no issue. Still, the operator of the site has decided it's not worth fighting, and will be changing the name of the site and moving it to a different domain. Too bad. Another win for needless trademark bullying.

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Linden Lab Sued Over Copied Virtual Goods

from the dmca,-anyone? dept

Way back in 2003, when Linden Lab announced that individuals owned the real world copyright on virtual trinkets they made in the game, we noted that this was a bad idea that would lead to problems. It was, in effect, taking bad real world laws and bringing them into a virtual world. It was even worse, because it was taking real world laws that were designed for a world of scarcity, and bringing them into a world of abundance -- and effectively allowing the laws to reach from the real world into the virtual world. That's a recipe for trouble.

And, indeed, a few years back there were lawsuits over "copied" products, though the main one we know of ended with both sides dropping the case. However, a new lawsuit has been filed, but this time, Linden Lab itself is a target, and the guy suing is claiming both copyright and trademark infringement. It's the same basic story. A guy creates virtual things (in this case, "sex toys") in Second Life, others copy them, and he's pissed off, so he sues. But he's suing Linden Lab, perhaps because it's better to sue a company that actually has money.

But legally, it seems like a huge longshot. The copyright claim should get tossed out pretty quickly due to DMCA safe harbors. The guy filing the lawsuit claims they don't apply "because it is aware of the rampant infringement of Alderman's copyrights and trademarks, and hasn't take proactive steps to prevent that piracy." Unless there's specific evidence of Linden Lab being informed of a particular infringement that Second Life ignored, it's hard to see how this isn't protected by the safe harbor. The trademark claim isn't covered by safe harbors (which is a problem...), but it's difficult to see how anyone could claim that Linden Lab is the one violating anyone's trademark here. Yet again... someone who can't handle the fact that digital goods are copyable feels he needs to lash out and sue everyone, rather than adapt.

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Taser Sues Second Life For Having Virtual Tasers

from the no,-seriously dept

Stun gun maker Taser is notoriously overprotective of its brand, even pushing judges and medical examiners never to list a Taser as a cause of death. However, this latest, as pointed out by Dave Title has the company going "virtual." Taser is suing Second Life because of virtual Tasers found in the game. Specifically, Taser seems upset that these virtual stun guns are being sold next to pornographic material, which (the company claims) will harm its brand. I'd argue that going around suing everyone probably does a lot more harm.

Of course, Second Life parent corp. Linden Lab doesn't actually make or sell these things, but just provides the platform -- so you might think that the company is protected by safe harbors. Except... one of the little loopholes in safe harbor rules is on trademark claims, which mostly aren't covered by either the DMCA's safe harbors or the CDA's. However, it should be covered by common sense (which is not so common, unfortunately).

If the virtual Tasers actually do infringe on Taser's trademark, then it seems that the liable party should be the user who made/sold them in the first place -- not Linden Lab, the platform creator. On top of that, there's the big question of whether or not this is actually trademark infringement at all. You could make an argument that users might believe that virtual Tasers were somehow endorsed by the company itself, but do such products really "harm" the Taser brand? Again, it seems a lot more harm is being done to the brand by silly lawsuits. And, yes, people will point out (they always do!), that the company has an obligation to protect its marks, but there are better ways to do so than suing.

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No, Second Life's Bank Crash Did Not Predict Real World Bank Crash

from the get-real,-people dept

MSNBC is running an article claiming that last year's virtual bank collapse in Second Life somehow foretold the current financial crisis. It makes for a good headline, but it's simply not true. The factors that resulted in the real world financial crash, as compared to the one in Second Life were entirely different. While there may have been some similarities (people not taking the time to understand the risk of certain investments) to compare the two is a pretty big stretch. From there, the article gets even worse, pretending that both financial crashes show that free markets don't work.

That's simply not true.

The eventual crash actually does show that free markets can work properly, punishing those who took risks without fully understanding the risks. The response in Second Life, to ban banks like the one that crashed, seems like the wrong way to go about things as well. Yes, many people were fooled, and ended up losing money, but that should help educate people not to blindly rush into putting money in a totally unregulated "bank" that made promises that were clearly beyond reasonable (40% interest?). Having regulations that prevent outright fraud (lying) seem reasonable, but banning all banks in response to such a poorly run one seems like going to far. The problem isn't just with the fact that it was an "unregulated free market." It was with the fact that people blindly believed that something too good to be true was legit.

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Reuters Bails On Second Life After Figuring Out It's Really Not That Interesting

from the if-a-tree-falls-in-a-forest... dept

One of the sillier attempts by businesses to look cool by setting up shop in Second Life was that of Reuters, which assigned a reporter to hang out in the virtual world full-time and report on it as if it were any other economy. While we noted at the time there might be some interesting stories in Second Life, that seemed to be taking a back seat to the publicity value of the stunt. It was surprising to learn that the Reuters reporter was still there until recently, when he finally gave up the beat, calling it "about as fun as watching paint dry." With 9 out of 10 efforts by businesses going into Second Life ending in failure, perhaps there wasn't much for a business reporter to cover any longer. For what it's worth, the reporter says Linden Labs should give up on the idea that Second Life is a business application -- not because of its shaky in-game economics, or because there's no value for there for most businesses, but because of technical problems. While those may be easier to solve for the company, they pale in comparison to the sheer pointlessness of real-world businesses establishing themselves in Second Life.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

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Well, At Least Second Life Won't Need A Gov't Bailout

from the too-small-to-care dept

Remember a couple years ago, when you could hardly go a day without hearing some press story hyping up how the virtual world Second Life was the biggest thing since the internet itself? Those days went away pretty quickly once people noticed that the numbers Second Life was claiming weren't really representative of how many people were there, and all the brands that bought into the hype and jumped on the Second Life bandwagon started realizing that it didn't do much for them, as most of the folks in Second Life were there for the virtual sex and gambling, which the company has cracked down on.

However, apparently, there are still some folks using Second Life, and the company wants to let you know that as the financial crisis spreads around the world, the fundamentals of the economy in Second Life remain strong. Over the past few weeks, I've seen press announcements from plenty of tech companies trying to spin the financial crisis as a reason to write about their company, but this one might be the most ridiculous. It's not as if people are going to start moving money into Lindens any time soon as an investment vehicle.

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Shockingly, Businesses Who Set Up Shop In Second Life Because It's 'Cool' Don't Fare So Well

from the who-woulda-thunk-it? dept

Over the last year or so, it seems like the halo around Second Life has worn off, especially for all the big companies who rushed in, believing it was the next big thing. A new report now notes that approximately 90% of companies who rushed into virtual worlds saw their projects fail. Not surprisingly, most of the failed projects involved companies who got involved because they thought it was "cool" or because a competitor was there. Apparently, not having a real business purpose or strategy pretty much guarantees that you're not going to achieve very much of either.

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