Jonathan Richards
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A bed which allows residents of the virtual world Second Life to have sex is at the centre of the first known case to be brought in virtual copyright.
A Florida-based businessman who sells the bed inside Second Life claims another man has copied his creation, and is now bringing an action against his competitor in the real world, even though the bed is not real.
Kevin Alderman runs a company called Eros LLC, which makes adult entertainment goods.
One of Eros's most popular products is a piece of virtual furniture called the SexGen bed, which allows users of Second Life to have their online characters - known as avatars - interact intimately with one another.
Mr Alderman says his company has sold thousands of 'copies' of the bed - which enables more than 150 sex animations - in Second Life for just over $45 each.
Since April, however, another Second Life resident, going by the name Volkov Cattaneo, has been selling a bed which, Mr Alderman says, closely resembles his own creation, at a sharply reduced price ($15).
Mr Alderman, whose avatar is named Stroker Serpentine, has therefore brought a copyright action against his competitor, and requested that Linden Labs, the company which runs Second Life, release details of Catteneo's real identity.
Francis Taney, Mr Alderman's lawyer, said that his client is requesting financial information as well as internet address details of Catteneo from both Linden Labs and Pay Pal, which Catteneo has used to conduct transactions online.
"Eros products have built a reputation for performance, quality and value," the action, filed with a district court in Tampa, Florida, says.
"The company has been damaged, and continues to be irreparably damaged by diversion of sales."
Mr Alderman, who says he has sold 'thousands' of SexGen beds in the game since 2005, is seeking damages equivalent to three times the estimated profit Catteneo has made through sales of his rival sex bed.
"We're not going to sue him for a million dollars - I don't want to crucify the guy. I'm trying to protect my income and my family."
In an interview, Catteneo, who would not provide his real name, said he was not afraid of the subpoena. "I'm not some kind of noob," he told Reuters. "I don't even have a permanent address (in real life) either."
Second Life, which has just under 8 million residents, is home to many entrepreneurs who make a living selling virtual goods, for which residents pay in the world's own currency, the Linden Dollar. The Linden Dollar has a variable exchange rate with the US dollar.
Lawyers said there was no reason a virtual good - effectively a piece of code - could not attract the same property rights as items in the real world.
"If it's been created then someone has rights to it," Mark Owen, a partner at the law firm Harbottle & Lewis, said, adding that there were "lots of precedents" for copyright cases being brought in relation to software, such as computer games.
David Naylor, a partner at Field Fisher Waterhouse, a London-based firm which has set up an office in Second Life, said: "It's pretty indisputable that if you create an artistic work and it looks like a bed, then you have copyright in it.
"It may be more difficult to show there's been infringement, though, where the 'look and feel' of the two works are very similar, but there has not been direct copying of the graphics or underlying code" he said.
A spokesman for Second Life was not immediately available for comment.
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I know about this, allow me to enlighten some of you. This is not Monopoly money, many thousands of these beds have been and are still being sold at US$45 each. The actual item that is at the heart of this case is not the bed itself, but the "base" that contains all the proprietary software and animations. This is NOT "lame", the "competitor" has NOT been selling a similar item, he has been selling digitally identical byte for byte copies including the original trademarked name on the packaging. The copy was obtained using an exploit in the system. The product has been legally trademarked and copyrighted in the real world for over 2 years. This is a "Real World" case involving a real person's livelihood and intellectual property.
Chris, Sussex, UK
In Active worlds you can have more then one kind of model (like a bed) made by different modelers, and they are all just a little bit different from the others, what they don't want you to do is steal their model, you do need to pay for it. its a business! oh btw, the other guy should have change the name of his bed. :)P
Snowcone, Friedly, MN
Have sex? Who has it, you or your avatar? How does it feel? Who do I sue in case the condom ruptures? How do I know it's safe? Who pays allimony?
Or is it all "virtual"?
Lots of questions here.
Kevin Albright, Mexico City, Mexico
This is just plain sad! Get a real life and communicate with real people!
real person, Sherwood Park,
There's a Jamiroquai song that sums this up quite nicely ...
"futures , made of , ... "
Benzo, Nr Chelmsford,
I can't believe this..can't you sue virtually with virtual lawyers and virtual court and win Monopoly money? Come on, someone make a court and a lawyer set up and challenge the combatants to settle on line for a dime!
Michael MacKenzie, Bolton, Lancs UK
This is a new area of law. Virtual suits, so to speak, will become more common as IP rights become more prevalent. Unfortunately, this involves a design consideration rather than an actual new design. Is this "product" substantially different than the designs on the virtual and physical markets available today, enough to warrant a patent on the methodology to create it? I doubt it. I've seen beds similar to this in the "real world," possibly never in the "virtual world," however, it does seem to have four posts, a blanket covering, and a similar sheen to other beds that I've seen. The question at heart is whether it remains substantially different to warrant some type of infringement, which I do not believe it does. It is a frivolous but interesting lawsuit nonetheless. Do not pass go, do not collect $400 dollars.
Ralph, Yonkers, NY, NY, NY
The thing is we get ideas from each other. I bet the original guy who designed the sex bed got his idea from someone else, but just modified the idea and made it better. It is just that he was not as obvious as someone else.
Ginseng, SF,
I don't think its childish to use the law in a perceived copywrite infringement. Whether the item in question is a piece of code or a painting both are protected by copywrite law. If David Naylor is right and there is no direct copying of code or graphics it would undoubtedly fall under the definitions of fair use and the developer of the original "bed" will lose the trail. If however there has been any direct plagiarism to file a lawsuit under copywrite law seems to be a logical solution to the problem.
Just because something is virtual doesn't mean it shouldn't be protected. Micky Mouse is just a character in a series of animations but Disney has made very clear through lawsuits and otherwise that though Micky Mouse only exists as a character in a carton, the character is still copywrite by Disney.
John, milwaukee, USA
That is real lame.. It is real childish to sue your competator.
The whole great thing of having competators is to bring the price down. One thing that is not mentioned in this article is if the creator of this sex bed, if they have created all these 150 sex animations, my guess is he has not. Probably most of them are store bought of free ones. It is not suprising these two beds end up a like, they are using the same lsl script to create them, the menu system will be the same.
If the guy is successful to sue this guy, this will mean the inovation that will occure within SL will swelter. You can't get ideas from anyone anymore? Look at windows OS, they got the look of the interface from Mac, both of them still survive. The guy just needs to provide an improved version of his bed to beat his competator, not be so childish and complain to lawyers.
Ginseng, SF,
The saddest part of it is that there are those poor souls for whom time spent "in" that "bed" may be the only intimate interactions in their lives.
Siddhartha Vicious, DuBois, USA
In that case, can some body be sent for trial in the real world for committing a sexual offence in the cyber world such as sexually assaulting a virtual female character in a computer game?
Wing, Poole, UK
Cool!
Kong Kek Kuat, Kuala Lumpur, Malaysia.