Second Life®, one of the most popular three-dimensional virtual worlds accessible via the Internet, is working to provide owners of intellectual property (IP) with better tools for managing and controlling their content. In Second Life, users, called "residents," can explore, meet and socialize with other residents, participate in individual and group activities, and create and trade virtual property and services. Several of these activities involve the creation of content, which according to the Second Life creators is "the heart and soul of Second Life."
According to the Second Life Terms of Service, users retain copyright for any content they create. But just as in real life, this virtual world is finding that it must deal with complex IP infringement issues. Linden Lab, the creator and operator of the Second Life virtual world, recently posted through its community blog a "content management roadmap." This roadmap outlines a number of approaches to improve content management and IP protection. Although Linden Lab does not commit to a specific timeframe, it has stated that it expects to provide updates or launch certain of these initiatives by the end of the year.
IP Complaint Process. Second Life currently provides a complaint process in accordance with the Digital Millennium Copyright Act provisions, which limit liability for online copyright infringement. A copyright owner can lodge a complaint with Linden Lab in writing (via letter or fax) identifying the allegedly infringing "in-world" item and providing information reasonably sufficient to locate the item "in-world." To reduce the time and effort required from residents in submitting notifications, Linden Lab is developing an online form that residents can submit electronically. In addition, this online form will allow IP owners to request that Linden Lab search for and remove all copies of an identified item created by a particular resident. Linden Lab admits that developing this capability is one of the most complicated tasks they have ever undertaken.
"Sticky Licenses." When residents create content on Second Life, they can apply a "permission on use" (e.g., move, modify, copy and transfer) to this content. In addition, some residents currently post license terms in their "in-world" stores or in notecards distributed with their content. However, the permissions system does not grant any legal permission to use content outside of Second Life.
Second Life is developing a stand-alone "behind-the-firewall" solution, a server solution completely disconnected from the main environment (and currently in its alpha phase). As part of this solution, Linden Lab intends to add the ability to attach "sticky licenses" to content sold to enterprise customers running the stand-alone version. Content with these "sticky licenses" will have additional metadata such that the license information can "stick" to the content as it is distributed to the enterprise customer's server.
Best Practices. In addition to the initiatives described above, the roadmap also addresses the need for standard industry practices for copying tools, clear guidance on listing practices for the Xstreet SL marketplace and a content-seller certification program.
McCarthy Tétrault Notes:
Policing your IP assets has always been a vital component of any IP strategy. Whether you have a presence "in-world" or not, you may wish to revisit your own policies to take into account virtual world realities and factor in the additional enforcement tools that become available.
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