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Virtual Reality: Beyond the Reach of the Law?
By Roshan Tolani


A new world is in the making: a 3D virtual world. You may know it as “Second Life.” With 3.5 million existing members, it is enjoying quite a robust economy. It’s believed that every day, a $1 million transaction takes place in this virtual world. There is no contest going on, yet “Second Life” is thriving. It is a platform on which you and I can create imaginary lives…and own property, too.

In 2003, when Linden Lab launched “Second Life,” it flopped. The reason for its failure was that it denied ownership rights to its players. What is the fun in creating a house or a car if you don’t have the right to own it? Recognizing the flaw, Linden Lab announced that it would instate ownership rights.

Soon, the virtual world was flourishing. However, the ownership rights were limited, as Linden Lab retained contractual rights to terminate players’ accounts at any time.

Today, you’ll find everything in “Second Life”: weddings, casino games, pets, clothes. Everything is, obviously, virtual in this virtual world. However, although transactions in “Second Life” are made using Linden dollars, this virtual currency is purchased with real-world money via credit card. You buy; you sell. There are profits and losses, too. One resident recently announced that she had made a profit exceeding $1 million as a land dealer. Where there are transactions, legal issues cannot be far behind.

One member of “Second Life,” lawyer Marc S. Bragg, filed a suit against Linden Lab alleging unfair confiscation of his virtual land andproperty worth thousands of dollars. Bragg is demanding reimbursement of $8,000. Linden Lab has filed a motion to resolve the case via mediation in San Francisco.

The stakes in the Bragg case may not be very high, yet lawyers believe the case is an important indication of inherent conflicts between the creators of “Second Life” and its players.

Joshua Fairfield, an Indiana University School of Law professor, highlighted the fact that IP rights to virtual objects are limited. Someone who creates an item using “Second Life” tools and uploads it on “Second Life” actually sublicenses it to Linden Lab for use and display. While the creators have IP rights, he said, Linden Lab owns the underlying code and can do whatever it wants with its virtual world.

Meanwhile, the future of legal affairs in virtual reality hangs in the balance.



URL: http://www.mddailyrecord.com/article.cfm?id=670&type=UTTM


Posted on: 03/12/2007 10:12 AM | Number of feedback 3


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