A class action suit was filed against Linden Lab on April 15, 2010 by ”Carl Evans, Donald Spencer, Valerie Spencer, Cindy Carter, individuals, on Behalf of themselves and for the Benefit of all with the Common or General Interests, Any Persons Injured, and All Others Similarly Situated v. Linden Research, Inc., and Philip Rosedale” according to the official website for the plaintiffs.
The allegations involve the ever evolving Terms of Service (TOS) regarding ownership of virtual real estate, content and intellectual property.
According to the plaintiff’s website “The Complaint alleges that Linden Labs and Philip Rosedale, it’s founder, lured consumers across the United States to invest real money into Defendants’ game world by promising those users that they would own the virtual land and property they purchased as well as he content they created, and then unilaterally, without the consumer owner’s consent, knowledge, or permission, changed the terms of the service agreement to state that these land and property owners did not own what they had created…”
To view the details of the current class action suit click here.
This is not the first time the Linden Lab has landed in the hotseat over alleging that user created content in Second Life™ remains the “property” of the content creator. Philip Linden was sited for making public statements on the internet encouraging commercial investment in Second Life by and assuring rights of ownership. Linden Lab was forced to settle in 2007. Read the details of the settlement of “Bragg v. Linden Lab and Philip Rosedale” here.
The present case is being brought before Pennsylvania judge, Eduardo C. Robreno and the plaintiffs are seeking damages of $5 million USD.
The key point of contention remains that since its introduction, Second Life had differentiated itself from other virtual world environments by supporting “user created content” with assurances from Linden Lab that the ownership rights to content would remain with the creator. In most MMORPG’s the intellectual property is retained by the “service provider”.
In the latest revision to it’s Terms of Service (TOS) Linden Lab specifies under section 4.2 that “Second Life exists only as long as and in the form that we may provide the Service, and all aspects of the Service are subject to change or elimination”.
“Linden Lab has the right to change and/or eliminate any aspect(s), features or functionality of the Service as it sees fit at any time without notice, and Linden Lab makes no commitment, express or implied, to maintain or continue any aspect of the Service.”
“You acknowledge that your use of the Service is subject to this risk and that you knowingly assume it and make your decisions to participate in the Service, contribute Content and spend your money accordingly.”
Seems fairly clear that the new TOS will diffuse any future ambiguity regarding user content. You can create it, but you don’t own it. It can be deleted at any time, for any reason and without liability to Linden Lab.
And if you don’t like it? Too bad.
Lawmakers are keeping an eye on the progress of present case as it is likely to be precedent setting for the State of California which has yet to register clear legislation on virtual world content and intellectual property.
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Source: Web – April 22, 2010
http://www.virtuallanddispute.com
Taylor, TL. “‘Whose game is this anyway?’: Negotiating corporate ownership in a virtual world”
Arewa, Olufunmilayo. “The Culture Industries, Work, and Play: Intellectual Property and “Corporate” Creativity”
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Dousa Dragonash
it is not the company;s fault some people invest their life savings into this game, we are all adults, have some responsibilities already and realise a virtual world,is virtual,not real
these guys will ruin it for the rest of us and force lindenlab to just say,screw it and close or the government will come and do it for them or force all of us to start paying property taxes if we want it to be so real,which none of us can afford because one sim is technically 16 acres….
yup,we will all sink and im sure,still will be some bitching
May 11, 2010 | 12:48 am