#berrycopyright

Will Burns (SL username: Aeonix Aeon)

Will Burns (SL username: Aeonix Aeon)

Both in SL and in RL, I’m quite lucky in being honoured with the friendship of knowledgeable people who rise above the typical level of discourse and speak in a down-to-earth, matter-of-fact, manner, with arguments based on facts, logic, and knowledge, rather than fear and “common wisdom” – which, more often than not, is actually common myth. One of these people who have bestowed on me the honour of their friendship is William G. Burns III (SL username: Aeonix Aeon, SL display name: Will Burns), a published academic, and former Vice Chair of the IEEE’s Virtual World Standards Group. A published and respected researcher and professional in the field of virtual reality and virtual worlds in his own right, Will understands the potential – creative, cultural, and commercial – of virtual worlds that very few commentators in Second Life can rival, and he is not one to mince his words. His criticism of Linden Lab CEOs past has always been very severe and, although back then it might have seemed too harsh, with the benefit of 20/20 hindsight I can now see he was just calling things the way they were.

Now, Second Life is, as we all know, in slow decline. Many of its old users are gone, either because they no longer care, or because the ongoing global financial woes have priced them out of what is essentially a costly pastime for people with disposable income and time (two things few members of what was once known as the middle class still have), or because they died away. New user retention is, as has always been the case, disappointing, and more and more private regions sink into oblivion like the lost continents of myth and legend. However, SL still has a vibrant economy, which is based on the creation and sale of various virtual goods – from hairdos to cars and from clothing to furniture. And this economy supports a rather expansive ecosystem of merchants, regardless of whether their products are entirely their creation, or based on resources purchased from other markets like CGtrader.

SL’s merchants apply all sorts of different business models, but there is a common denominator: They are extraordinarily precious about their creations, even if they are nothing but very crude retextures of full-perm templates – sometimes even less than that. One look at most content creators’ dire, straight outta Bible, “fire and brimstone”, DMCA warnings is more than enough. In the past, many in-world shops had employed CS- and ToS-violating devices that promised (without delivering, but that’s another story) to “detect” potential copybotters. In other cases, store owners ejected and / or banned store visitors for idling, because they genuinely believed that, if you’re AFK in a store, then you are by definition a copybotter. Almost four years ago, a rather botched amendment to LL’s ToS got numerous content creators up in arms, claiming – of all things – that LL itself was “trying to steal their content”; much hilarity ensued, with several creators even ragequitting SL. It is, thus, an unfortunate fact of Second Life that it is very hard to have a calm, reasonable, and rational discussion on merchants’ intellectual property, on the implied and express licences they need to provide to LL so that the virtual goods can be displayed and sold to the customers, and – eventually – consumer rights. Unfortunately, much of the blame must be put on Philip Rosedale, who, regardless of whatever innovative ideas he may have had, has always been a bit of a demagogue. The promises given in 2003 have essentially been haunting SL ever since, often putting customers and merchants on a collision course, with very little – if any – room being given to the rights of the consumer. Naturally, things were further exacerbated, with the stance of many merchants going to full-on prokanoia with the Great Copybot Scare of 2006, which has never quite gone away.

In more recent times, the suspicion with which SL merchants have traditionally viewed customers has taken new forms: Mesh body creators demand that apparel, jewellery, shoes, etc. created for their bodies be non-modifiable, “to prevent copybotting”, even though permissions have exactly zero impact on a Copybot viewer’s ability to intercept and extract an object. We have the infamous “anti-rez” scripts, which are another form of “anti-copybot” snake oil. And so on, and so on. So, to have an honest, open, no-nonsense discussion on this risky topic, I needed to talk to someone who actually knows what he’s talking about and doesn’t mouth off based on false assumptions and blatant misunderstandings of web-based platforms like Second Life. Inspired by the licensing suggestions he made in this post on his blog, I invited him over to my always work-in-progress café, and we had a lengthy, but most enjoyable and productive, discussion.

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linden-lab-logoThe talk of the day was #berryCopyright, a (erroneously named, as the dispute was about trademarks and not copyrights) hashtag encompassing a trademark complaint Linden Research Inc. filed with YouTube against a tutorial video by blogger/vlogger Strawberry Singh, who shared on her blog what had happened to her. Thankfully, sanity prevailed and Linden Research Inc., after considerable outcry by community members, bloggers, and commentators, reversed the ill-advised takedown notice and publicly apologised to Ms Singh. The trademark complaint which was filed with YouTube by the company’s IP specialist, who goes by the “Tia Linden” name in-world, was revoked, and an encouragingly-worded post was made on the company’s official blog. This trademark complaint honestly made no sense whatsoever, as the appearance of LL’s trademarks (most notably, the “eye-in-hand” logo) in the “offending” video had every hallmark of fair, informational use, as one can easily understand by reading the International Trademark Association’s material on the subject, and the material provided by Nolo (the latter was contributed to Strawberry Singh’s original post as a comment by Alana Onyett).

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UPDATE: The situation described herein has been resolved; please read the follow-up post here.

facepalm-005-blog.jpg

You had one job. How could you fuck it up so badly?

Perhaps thinking we had missed its worst, Linden Research Inc. decided to file a trademark complaint with YouTube against one of the biggest promoters, supporters, and advocates of Second Life, blogger/vlogger Strawberry Singh. The “offending” video is a tutorial, included in her “Introduction to Second Life” blog post, in which she explains to new users how to create an account, download the official viewer, and move around in their 3D surroundings. Since she unavoidably screen-captured her web browser to show people around the official website, the video obviously displayed SL’s eye-in-hand logo. The logo was also featured prominently in the 3D walkaround, as the in-world welcome area itself includes it.

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