Second Life Lawsuit Lands in Real-World Court

Here's a legal riddle for you: how does one party manage to sue another for the theft of items that, in reality, don't exist?

A federal district court in Brooklyn, New York is facing such a dilemma. Six Second Life merchants that sell their wears in the virtual world of Second Life are suing a Queens' man for the theft of their – go figure -- "adult-themed virtual objects." Most objects are not adult-themed and include shoes and clothes. But others are more exotic.

The defendant, Thomas Simon, is accused of peddling unauthorized copies of the plaintiffs' items to Second Life users, according to the complaint Eros v. Simon. You can read a copy of the complaint here (PDF).

Indeed, Eros has a case. The items in question are said to be comprised of original material that is copyrighted, according to the suit. Simon's actions also violate the Second Life terms of service that state intellectual property rights for Second Life entitle the community's residents to retail "full intellectual property protection for the digital content they create in Second Life, including avatar characters, clothing, scripts, textures, objects and designs."

The plaintiffs are suing for an undisclosed amount, but in claiming jurisdiction, the New York court says "the amount in controversy exceeds the sum or value of $75,000."

As trivial as a lawsuit over virtual matters may seem, we are talking real money here. Second Life's owner Linden Labs says the virtual world has over 9 million users and that nearly $1 million of transactions take place on Second Life each day. Put that in your virtual pipe.

Still, with trademark and copyright infringement as the primarily wrongdoings here the plaintiffs shouldn't have all too much trouble getting a ruling in their favor.

Unless of course you believe Simon's claim: it's only a game!

Comments

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johnbostap

November 22, 2007

10:01 PM PT