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  • THURSDAY AUGUST 16 2007 8:00 AM

Sex, Laws, and Internet: When Second Life and Real Life Collide



The Internet is an fascinating thing: you can, to some degree, live out a whole separate life in here, fully removed from the confines and limitations of the world into which you were born. This is the basic concept behind Second Life. In case you've been living off the grid lately, Second Life is a "virtual world" unleashed on the intertubes back in 2003 by would-be Greek god Philip Rosedale. (UCSD alumni, holla!) It's sort of like The Sims meets an MMORPG -- populated by thousands "playing" in real time, the only quests are to work, go to school, see shows, acquire real estate, make awkward sexual advances at clubs, and spend lots of money. What's more, there are no epic weapon drops at the end of the tunnel. A welcome respite from real life, I suppose, because in Second Life at least you can approach this virtual mirror world as your true mental self (bondage-laden woman with a tiger face) rather than the false body you were born into (49-year-old hardware store clerk with a paunch). Therein lies the draw that has made Second Life one of the most massive and hyped internet applications to date.

The same dynamics endowing Second Life with its rich tapestry of social weirdness have also made the game, as it were, a financial dream. Big business aim to thrive, as your virtual self buys virtual Coke with real money, but far more interesting are the small-time upstart entrepreneurs. Enter: Kevin Alderman. This mild-mannered, middle-aged coding carpenter from Tampa, FL, works day and night building up a small business called Eros LLC, bringing with it an indispensable service to the Second Life community -- the craft of pixelated furniture that animates, with a simple click, your avatar in the act of hot, full-on, graphic (hey-o!) lovin'. But in a world where no one has to know your story, where an internet handle practically becomes an extension of one's own real name, how do you know who to hold accountable when business goes awry? This is the problem facing Alderman now, as he is presented with the odd situation of trying to sue someone he has no concept of in real life.

On paper, it's undeniably straightforward: someone stole Alderman's code for SexGen Platinum, one of his hot love creations, and is now selling the bootlegs illegally. It's a fairly clear-cut case of copyright infringement and intellectual property theft. The catch: Alderman doesn't even know the thief's name. What to do in such a situation? The only logical thing in a Second Life mentality: sue the avatar.

Alderman filed a civil lawsuit in U.S. District Court in Tampa, Fla., last month alleging an avatar named "Volkov Catteneo" broke the program's copy protection and sold unauthorized copies.

"We confronted him about it and his basic response was, 'What are you going to do? Sue me?'" Alderman said. "I guess the mentality is that because you're an avatar ... that you are untouchable. The purpose of this suit is not only to protect our income and our product, but also to show, yes, you can be prosecuted and brought to justice."


As my crackerjack legal counsel explained it to me (just before advising me to rent a very fast car with no top), "it would be like you suing me as 'Subrosa,' and not 'Dr. Gonzo*.'" A bizarre concept, to be sure, and certainly one that could only be yet another new and wonderful product of the internet. Catherine Smith, marketing director of Linden Labs (the lab responsible for the online world), states that she's never heard of any real legal dispute between two avatars before; Alderman's lawyer, then, is faced with the apparently unprecedented task of tracking down this "Volkov Catteneo" character in the outside world and serving him (her?) some justice. Luckily there's a bit of a lead, what with the internet leaving a somewhat-traceable digital trail and all.

Taney [Alderman's lawyer] believes he knows who Catteneo is in real life, but is confirming it through subpoenas of records of eBay Inc.'s PayPal payment service as well as chat logs and trade history in "Second Life." He said Linden Lab and PayPal turned over their records, and he is preparing another round of subpoenas.

"We're proceeding carefully," Taney said. "This guy has claimed the information he gave to Linden was bogus. We are looking for ways to cross check and corroborate the information."


Debates over intellectual property theft have been around practically since the Mesozoic era, and the internet, with its relative ease and everyman-an-entrepreneur attitude, just provides one more way to go about it. Some, such as the forward-thinking Portuguese Ministry of Justice, are even planning ahead by building in-game "e-justice" arbitration centers to settle disputes without taking the fight outside, but whether or not such mediation can really be enforced remains to be seen. Still, while justice departments are gearing up for a potential long haul of brand-new avatar criminals, it's definitely a unique situation at the present. If anything, any upcoming trial ought to be interesting.


_DictionaryGirl_, who prefers pretending she's Eddie Van Halen for her virtual kicks, tips her hat toward the incomparable Subrosa for a truly excellent story.

*Real name omitted to protect the innocent!

 

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Comments
CaptainVerinon

CaptainVerinon

Arcata, CA
April 2006

AUG 16, 2007 11:58 AM

Come on, people! No love for the Second Life? The sheer amount of things to do is reason enough to at least give it a chance!

Once and a while, Radiohead performs IN THE GAME WORLD for your viewing pleasure! You can't get much cooler than that (aside from seeing Radiohead perform in real life, of course).

malkav11

malkav11

Saint Paul, MN
July 2003

AUG 16, 2007 01:20 PM

Second Life is conceptually really interesting and full of potential. All of which is utterly crushed by a) HORRIBLY unoptimized code (I turned all of the options I could down to the absolute minimum, and I still couldn't get much above 10 FPS, this on a computer that can run next-gen games like Oblivion and Lost Planet smoothly at high settings.), and b) rampant stupidity.

Lufy

Lufy

Ithaca, NY
May 2004

AUG 16, 2007 01:23 PM

riley st. clair said:
i don't understand the appeal of this second life game at all. are so many people's lives so terrible that they resort to a fantasy online life...that is pretty much an imitation of everyday real life?


I think it's kind of insulting that the ONLY way to "define" yourself and thrive in Second Life is get a job and make money. How banal. From what I've read and heard, it's next to impossible to interact in the Second Life community for more than a few days without some form of contribution to the socio-economic machine that ties everyone together.

I'm not a Marxist, but holy Christ, Second Life sounds like American uber-hyper-Capitalist-Consumerism run amok. You're a cog and nothing more (but at least you can be a sexy cog).

Buy! Sell! Contribute to the GDP!

I have enough of that in my FIRST life, thank you.

Keri

Keri

SUICIDEGIRL

Virginia, USA

AUG 16, 2007 02:07 PM

i've never played this but i've been tempted to. i do however play the sims alot.it's not because i want to escape from my real life. i think it's a control issue. i get off on being able to fully control people. at least i admit it though. miao!!

meatpieboy

meatpieboy

Korea, D.P.R.
June 2004

AUG 16, 2007 02:22 PM

I only sue Subrosa as Subrosa.

phoenixorcism

phoenixorcism

Australia
June 2006

AUG 16, 2007 07:27 PM

I just joined Second Life out of curiosity and I guess it takes some getting used to, but the concept was interesting. You basically need money for everything or else you're just left wandering around. My friend also joined and was only in there for 10 minutes when he was hit on by a Second Life prostitute who wanted him to pay her for sex! Haha!
How would you even know the 'her' is a 'her'?
Pretty sad really.
whatever

thrash242

thrash242

Pearland, TX
September 2004

AUG 16, 2007 10:03 PM

Second Life is pretty cool. I got into it for the building things and scripting them aspect rather than the pretending to be a sexually deviant club-goer (ie: the social or role-playing aspect).

Everything in SL is made by residents. So you can buy land, build something on it, script it to do things, sell it, whatever you want. And you can make real money in it. Some people make over $100,000 a year in real dollars, but they are pretty few. It has a currency exchange and everything. Hell, you could even make hundreds of dollars just buying and selling currency, but I think the prices have stabilized to where that's not feasible anymore.

In other words, it's not a MMORPG, or even a game.

Subrosa

Subrosa

San Francisco, CA
July 2004

AUG 16, 2007 11:36 PM

meatpieboy said:
I only sue Subrosa as Subrosa.



Ha! Sucker! I'm only a lawyer on the interne...

...


...


...

Helly

Helly

Australia
December 2004

AUG 17, 2007 08:12 AM

Second life feels weird to me.

Subrosa

Subrosa

San Francisco, CA
July 2004

AUG 18, 2007 01:35 PM

DhD_PillowPants said:


I know, I know, it is country. Shoot me. But it amuses me, and could amuse you.



Someone needs to get Jason Alexander a job already.

sick

sick

Minneapolis, MN
June 2003

AUG 19, 2007 08:32 AM

Carbonfreeze said:
Everybody interested in this might check out 'The Thirteenth Floor' to see where all this may end. -so to speak.



Or read Neal Stephenson's Snow Crash.

Actually, everyone should read Snow Crash whether they're intrested in this or not. Popularized the term "avatar," the Metaverse relates directly to such things as Second Life, and Google Earth bears a striking similarity to the Earth program.

Plus it has a katana weilding Cosa Nostra Pizza delivery guy/freelance hacker. How can you go wrong?

apesamongus

apesamongus

Atlanta, GA
July 2002

AUG 19, 2007 09:58 PM

I read an article online a long time ago talking about property rights in online communities. Basically, it was looking at the way a lot of online games claim ownership of any content you insert into the game (say, for instance, the EULA of your favorite MMO probably says it owns all your characters). The conclusion it drew was that it was not some company being greedy, but was instead a way of protecting players of the game from suing one another. If the company owns all the content, then users have no claim against one another.

One of the big selling points of Second Life was that users retained ownership of their own created content, and it looks like that might finally be causing some problems.

MartyDistortion

MartyDistortion

Australia
July 2004

AUG 20, 2007 06:18 PM

I tried it.. just to see what the hoo-haa was about.

Absolutely HATED it. The 'game'play is fucking terrible.. Its choppy as hell, and everything takes ages to load..

And pretty much the whole thing is UGLY. mad puke

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