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Evans et al vs Linden Lab: The new lawsuit on the block
Just to strain our collective brain here at Massively, there's a new lawsuit that has been leveled against Second Life operator, Linden Lab. Plaintiffs Carl Evans, Donald Spencer, Valerie Spencer and Cindy Carter have applied for a class action lawsuit against Linden Lab on property ownership, misrepresentation and fraud. The plaintiffs are represented by Jason Archinaco, of Pribanic, Pribanic, and Archinaco LLC of Pittsburgh. You may remember Archinaco's name as the man who represented Marc Bragg in Bragg vs Linden Lab on similar issues. That particular case was settled, and the terms of the settlement remain unknown – but appeared to be favorable to Bragg. Another name you might remember is our second-favorite USA Federal Judge, Eduardo Robreno, who heard the Bragg vs Linden Lab case, and is now hearing Evans et al vs Linden Lab. It's almost like old home week! Glee! Robreno found issues with the Second Life Terms of Service, and with the Terms of Service likely to go on trial in this case, it could have far-reaching effects for similar boilerplate EULAs for other virtual environments and MMOGs, as well as for Linden Lab's own new Terms of Service.
The Lawbringer: WoW and the magic circle
Welcome to Lawbringer! Each week we'll dive into the intricacies of law and the World of Warcraft. In the column's introductory edition we look at the magic circle, which isn't just something you summon demons and teleport around in... Law and Warcraft -- sounds like a crazy mashup. Does this mean I can sue that bear and tree combo that chain pulled HoS to Krystallus then dropped group mid fight to wipe the DPS that had the temerity to suggest maybe the tank shouldn't kite the Maiden through the hallway? (You know who you are.) Get a court order to silence those Anal [Skills to Pay the Bills] spamming pricks in trade chat? Help Marshall Dougan string up those goblin ganking Bloodsail Buccaneer rep grinders for piracy? Get rogues thrown in the Stormwind Stockades for picking Hogger's pocket? Sadly, the answer is no. Law and Warcraft intersect in far less entertaining and yet much more important ways. Contract law is obviously important with the End User License Agreement and Terms of Use defining our relationship with Blizzard. Copyright concerns come up quite a bit, as after all, the story, code, sights, and sounds of the World of Warcraft are protected by copyright. Computer fraud, regular fraud, and taxation are issues that arise with gold farming/trading (and occasionally gold digging, but that's not so much a problem in WoW.) We've seen recently with several WoW.com articles that Blizzard has been cooperating with local law enforcement to bring criminals to justice or help resolve the mystery of a runaway teen; privacy law is a huge concern for both players and Blizzard. Conflict resolution is how some of these legal questions are resolved, but that may involve arbitration, lawsuits, a crash course of the American civil justice system, and people like me. That's right, I'm one of those horrible nasty lawyer types. Well, not quite – I'm in my third and last year of law school, specializing in intellectual property law. Patents, copyrights, and trademarks are what I've studied, and I have a job drafting and prosecuting patents since after all, student loans don't get paid off by playing WoW. If you really want proof of my bona fide law cred, you can read my thirty two page dissertation on gold farming. But how does one distinguish between a problem that is resolvable with law, such as a privacy concern, and one that is just something we have to live with, like moronic tanks and DPS in the Random Dungeon Finder? Academics, needing to justify their cushy tenure positions, have come up with a concept known as "The Magic Circle."
Copyright infringement bans upheld, or repealed?
Last week, as you might recall, we covered a tale that really caught people's interests, and warmed the hearts of many a Second Life content-creator; That Linden Lab had run a bit of a sting, which neatly suckered a bunch of copyright infringers, resulting in their banning. In the wake of that, a number of readers (indeed quite a lot of you) wrote in to tell us that you had heard that the bans of most or all of the those involved had been reversed within a day or so. While people do indeed circulate all manner of rumors, that would certainly be quite an interesting turn of events, so we got some legwork done to see if we could get to the bottom of it.
Peering inside - looking back at 2007 [UPDATED]
It's been no less a tumultuous year for Second Life in 2007 this year than any previous year, frankly. There are a few standout items though. This isn't the list that anyone else might make - We might completely skip over one of the things you see as standing out as a huge impact, based solely on that we don't actually think it was that big a deal in the scheme of things.
Imagined, but not owned
Linden Lab has been overhauling its website and promotional material lately for the poorly understood virtual world Second Life. One of the key changes to be spotted is the alteration of the long-standing descriptor, "Second Life is a 3D online digital world imagined, created and owned by its residents", which now only reads, "Second Life is a 3D online digital world imagined, and created by its residents", and there's signs that the wording is still evolving a little. The unannounced change has caused a fair bit of speculation, especially among those who were never all that certain as to what the ownership consisted of in the first place. In fact, that seems to be at the heart of the reason for the change.
