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Second Life Lawsuit Heads to Federal Court

Conlaw writes "A former plumbing contractor who has made a new career selling virtual cyber sex toys in the virtual world of Second Life, has now brought suit against another player who is allegedly copying and selling a device called the Sex Gen. The plaintiff, whose avatar is known as 'Stroker Serpentine,' is seeking the real name of the copycat entrepreneur. The reporter describing the lawsuit included commentary from a cyber law professor whose university maintains a virtual Supreme Court in the Second Life world."

17 of 201 comments (clear)

  1. They need a virtual court by Zarhan · · Score: 5, Funny

    Someone better start operating one...Then virtual cops can come and enforce the decision and virtual collectors agencies can come and take your virtual goods to pay any restitutions and then your virtual character can be locked up in virtual jail where you can escape with the virtual file to saw off the virtual bars. Then they can have a virtual chase of the prison escapee..

  2. Re:Virtual by Provocateur · · Score: 3, Funny

    Naaa, he should just go on Cyber Jerry Springer or Cyber Maury and present his case to the people.

    --
    WARNING: Smartphones have side effects--most of them undocumented.
  3. Re:USA laws don't apply there by sohare · · Score: 5, Insightful

    Why should a virtual not be beholden to the laws of a specific nation? Frankly, the game is a service put out by a company and they should be, like every business, subject to the laws of the particular nation they operate out of.

    What really irks me is people who try and make the case that the internet is its own reality.

  4. copyright gone awry by nanosquid · · Score: 5, Insightful

    a Sex Gen is kind of a machine that manipulates avatars into various positions. [...] Alderman said Volkov Catteneo is not the only avatar who has done him wrong. "A lot of people copy me, copy my work, copy my ideas," he said. "Because it's an anonymous platform where you're an avatar cartoon character, as opposed to a real-life person, people think they can operate with impunity."

    He's basically talking about animation files. Now, if people literally copy the bits in his animation files, that would be a copyright violation; he'd have a case. But SL makes it pretty hard to do that, and that doesn't sound like what he is complaining about.

    Sounds like he is complaining about that people create animations that are "like" his, not merely his. But that basically means that he claims a copyright on the missionary position and that's not right. Copyright doesn't protect ideas, it only protects specific expressions of those ideas. And generic, common expressions aren't copyrightable either, and it seems like the missionary position is pretty generic and common.

  5. Virtual IP, Real Money by ancientt · · Score: 4, Interesting

    One would have to assume from TFA that the plaintif has copyright and trademarks that he feels are being infringed on. He certainly has been making real income from a real business, and feels that someone is unfairly making money off of his ideas and stealing his customers. He feels he has a right to the protection of his intellectual property, whether sold through a virtual world or not.

    This might be the best case I've seen for drawing firmer lines around what is reasonably protected IP.

    Can this case be extended to software patents? Certainly there are some parallels, but is there any chance that a courts ruling in this can be applied to the other issues that the industry faces?

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  6. Pinocchio by Joebert · · Score: 5, Funny

    "I'm a toy maker," Alderman explained. "I'm an erotic Geppetto."

    I bet anyone who read that will never look at Pinocchio the same.
    --
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  7. Re:Virtual by MightyMartian · · Score: 5, Funny

    Wouldn't it be nice if all virtual Second Lifers would take a virtual flying leap off a virtual cliff and land on top of a virtual field full of virtual knives and were chopped into virtual pieces which were then virtually eaten by virtual aliens from the virtual planet X-Omicron-Y who had virtually arrived after being invited by a virtual President Bush who had just been virtually turned into a virtual reality clone of himself?

    --
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  8. Just What We Need More Of..... by IHC+Navistar · · Score: 5, Insightful

    The Old World had:

    1. Lawsuits.
    2. Taxes.
    3. Life

    So what does the New World have?

    1. Virtual Lawsuits.
    2. Virtual Taxes.
    3. Virtual Life.

    Kinda makes you wonder if people are really as stupid and detached from reality as they act.....

    --
    Knowing Google's lust for data collection, the Soviet Union is still alive and well inside the psyche of Sergey Brin....
  9. I don't know what scares me worse.... by pionzypher · · Score: 5, Funny

    The fact that this is happening in the first place, or that I actually knew Stroker from a few years back, or that he's a former plumber trying to make a living selling digimawhatsits to stuff in your digimalwhoosals.

    Either way, I'm going to go cry myself to sleep now.g

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    I'll believe in corporations having personhood when Texas executes one... - advocate_one
  10. The important thing here... by Guppy06 · · Score: 3, Insightful

    is that selling sex toys in Second Life apparently pays more than a unionized contracting gig like plumbing.

  11. Re:USA laws don't apply there by UbuntuDupe · · Score: 3, Informative

    Actually, SL is pretty good about IP. You can imbue items with "no copy" proprties and stuff like that.

    Posting from a Wii btw.

  12. Don't See Anything Wrong by phalse+phace · · Score: 3, Insightful
    So this guy is complaining about competition? As long as the sex toys are not exactly the same, then I see nothing wrong.

    Alderman said Volkov Catteneo is not the only avatar who has done him wrong. "A lot of people copy me, copy my work, copy my ideas," he said


    This is like HP complaining that Lexmark copied their work/idea about selling printers and expensive inkjet cartridges.

    Someone needs to go out a get a third life.
  13. Re:USA laws don't apply there by The+Ultimate+Fartkno · · Score: 3, Funny

    Well, *shit*.

    I was playing Half-Life 2 last night, so that's gonna be trouble. I could plead self-defense on all the dead Combine, and since they're not *really* people then I could probably dodge a manslaughter charge, but I shot a medic right in the head when he wouldn't get out of my way in the hall and like ten people saw it. Better get Robert Blake's lawyer on speed dial...

  14. Re:Its also in the TOS by GigsVT · · Score: 3, Informative

    http://secondlife.reuters.com/media/SDOC1202.pdf

    You could read the court filing, instead of guessing.

    He's claiming both trademark and copyright infringement. It looks like the emphasis is on the trademark, since that's a more clear cut case.

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  15. Re:Every now and then... by yoyoofthemilk · · Score: 3, Informative
  16. Secondlife Copyright Lawsuit by Stroker+Serpentine · · Score: 4, Informative

    The articles that were being sold were digital duplicates. The plaintiff was selling them based on the popularity of our "SexGen" line. This is not a matter of competition, it is a matter of exploit and theft. All the scripts, animations and sounds were identical. We would not have brought this suit to court otherwise.

    1. Re:Secondlife Copyright Lawsuit by Rob+T+Firefly · · Score: 3, Funny

      The articles that were being sold were digital duplicates. "Digital duplicates" indeed... what, you were expecting analog duplicates in a digital environment? This quote alone is enough to lose you a ton of sincerity points, and brings your entire understainding of the world in which you're doing business into question.. but it's just the sort of meaningless phrase you can wave around in front of an average technophobic judge to influence the verdict.

      However this comes out, though, you win several billion Silly Points for the inevitable demonstrations of stilted, awkward 3D puppet-sex to a federal judge.