Second Life user hit with virtual copyright action

Tech News

By Stevie Smith Jul 6, 2007, 15:24 GMT

The line between real life and virtual life became even more blurred today following news that a Second Life user is being sued in the real world on the grounds of virtual copyright infringement.More pointedly, Second Life user and trader Kevin Alderman is bringing an action against another trader utilising the Linden Labs virtual phenomenon for what he claims to be the copying of an adult-oriented product sold through his in-world store.Alderman, a Florida-based businessman who runs an adult entertainment goods company called Eros LLC, says that Second Life avatar competitor ‘Volkov Cattaneo’ has been selling an extremely similar version of the popular ‘Eros SexGen’ bed.Eros LLC’s piece of virtual furniture allows Second Life avatars to engage in more than 150 different sex animations and sells for around $45 USD; conversely, the contentious rival version allows for similar virtual interactions but is selling on Second Life for some $30 USD less than Alderman’s creation. Kevin Alderman, whose online avatar name is ‘Stroker Serpentine’, has duly hit his competitor with a copyright infringement suit while also seeking to have Linden Labs release the real identity of Volkov Cattaneo. Further to that, Alderman’s lawyer has revealed that his client is also requesting financial details relevant to Catteneo from both Linden Labs and PayPal."Eros products have built a reputation for performance, quality and value," outlines the action, which was filed at a district court in Tampa, Florda. "The company has been damaged, and continues to be irreparably damaged by diversion of sales."Alderman, who claims to have sold thousands of units of the SexGen bed through Second Life, is apparently looking to secure damages in the amount of three times the profit Catteneo has made via sales of his copied version, reports a related Times Online article.However, Catteneo has boldly revealed he’s not perturbed by the prospect of possible legal action. "I’m not some kind of noob," he told the Reuters news agency concerning the matter. "I don’t even have a permanent address [in real life] either."In terms of the virtual bed having the same property and copyright standing as that of a real-world bed, commenting lawyers are somewhat divided as to the chances of Alderman’s action. Mark Owen of Harbottle & Lewis maintains that if the bed was "created" then "someone has rights to it." David Naylor of Field Fisher Waterhouse agrees with that view but suggests that given the virtual nature of the bed it "may be more difficult to show there's been infringement," in terms of the aethetics being similar, but without direct copying of either graphical detailing or the creation’s structural code.

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Second Life user hit with virtual copyright action

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