I appeared on Robert Bloomfield’s popular metaverse news and policy show Metanomics today doing the end-of-show op-ed piece “Connecting the Dots.”  Today’s show was entitled “Open Sim and the Future,” and featured IBM’s Zha Ewry and Linden Lab’s Zero Linden talking about the future of the grid, and their efforts so far.  I know there are some bumps ahead on the road to “the grid” but at bottom, I really like the way Linden Lab is handling it, and Zha’s and Zero’s comments today only solidified that.

The full show is available at SLCN.tv (video), and my Connecting the Dots segment is destined for YouTube (will update when it’s there).  For text fans, here are the first few paragraphs of my video editorial, followed by a link to the full transcript at Metanomics:

The biggest legal impact of “the grid” is that local laws will govern.  Want to run a casino?  Drop a server in Antigua.  But that’s the easy part.  As [IBM’s] Zha [Ewry and Linden Lab’s] Zero [Linden] noted, content export is hard, technically.  It’s also hard legally.  And make no mistake, content export is coming, even though it’s not in the beta.  The marketplace will demand it.

So what happens to my suit, hair, and skin, all of which were designed by talented residents, when I take my avatar to the Antigua world to play some blackjack? And what if the guy who runs the casino there programs his server to let me make unauthorized copies of that stuff?

That’s not a new question.  I dug up an old audio recording from Second Life’s first birthday where then-CEO Philip Rosedale discusses interoperability and export content from Second Life to other locations on the 3D internet.  Philip says: “I don’t think that we fundamentally object to people being able to take their content with them.  I believe that the content people create, even if there are many digital worlds out there for you to be in, the content you create should be your own property.  In the end, the more open systems will win.”

Philip was actually responding to a resident’s concern that Linden Lab might not allow content exporting to other worlds for business reasons.  Today, residents are far more concerned that Linden Lab will allow exporting — perhaps to grids without the same technological solutions in place to protect content…

You can read the rest of the transcript of Benjamin Duranske’s “Connecting the Dots” re: legal issues and “the grid” over at Metanomics.

Quick note to let readers know that I’ll be on Robert Bloomfield’s popular metaverse business and policy show Metanomics on Monday, August 4 at 12:00 Noon, Pacific time.  I’ll be appearing at the end of Monday’s show, Open Sim and the Future, to do the op-ed “Connecting the Dots” segment.  I will be focusing on the legal issues raised by Linden Lab’s movement toward a “grid” of interconnected virtual worlds.  The main part of the show will feature IBM’s ‘Zha Ewry’ and Linden Lab’s ‘Zero Linden’ talking to Robert about the progress they have made so far, and the long-term implications of interoperability on “the grid.”

If you miss it live, you’ll be able to catch it later at SLCN.tv.

I recently came across a press release issued by the law firm of Brackman and Brackman (via Galelio Law, a companion blog to the Virtual Worlds Law Library), announcing the confidential settlement of a business conflict amongst avatars.  According to the parties, the dispute, over a Second Life property called “Sailor’s Cove,” ended amicably.  I thought VB’s readers would be interested in the process, and Bob Brackman, one of the attorneys involved, was kind enough to answer some questions by email.

Banner & Witcoff, a well-known IP firm on the other side of this dispute, also issued a press release (.pdf) regarding the settlement, but I’d briefly met Bob Brackman at the Virtual Law Conference in New York last Spring and I wanted an excuse to talk to him again, so he’s featured.  No slight intended; I hope to catch the Banner & Witcoff guys for the next one.

Virtually Blind: Thanks for taking the time to talk to VB’s readers, Bob.  First, I understand you’ve got a background in criminal law?

Bob Brackman: I began my legal career almost 30 years ago as an organized crime prosecutor in New York State. I also served as an Inspector General, and as New York City’s Deputy Commissioner for Investigations.

VB: But you’re in private practice now, and I understand your firm represented a Second Life land owner who needed to rely on the real life legal system in order to resolve a business dispute with other avatars in Second Life?

Bob Brackman: That’s right. My client, who goes by ‘Patrick Leavitt’ in SL has owned and operated Sailor’s Cove for a few years now.  Two of his former estate managers alleged that they were not employees or volunteers, but full partners in the organization. When all of them “fell out of favor” with each other, Patrick’s estate managers told him they were entitled to two-thirds of the value of the entire estate — now over twenty-one Sims and several voids.

VB: Was your client actually sued in our real world courts?

BB: No, no papers were ever filed. I was fortunate that opposing counsel (representing the other two people behind their avatars) was a reasonable and skilled attorney, and between us we were able to craft a confidential agreement that put the matter to rest and satisfied all of the parties. Had the case gone to litigation, we both agreed the most likely jurisdiction would have been the State of California.

Read the rest of the post »

Fresh off its summary judgment victory against the creator of MMO Glider (a “bot” program that lets people play World of Warcraft unattended), WoW creator Blizzard has now asked the U.S. District Court for the District of Arizona for a permanent injunction (.pdf) which would functionally shut down Glider’s WoW presence.  In addition, Blizzard has asked the court for a relatively unconventional order prohibiting MDY from making the source code for its MMO Glider software available to the public, and prohibiting MDY from helping people develop other World of Warcraft automation software.

Blizzard had previously asked the court to shut down MDY’s WoW operations in its motion for summary judgment, but the court’s summary judgment order did not address Blizzard’s request.  Blizzard’s requests to prohibit open-source release of MDY’s software and prohibit MDY’s assistance in development of independent WoW bots are new to this motion — and seem likely to raise eyebrows in the open source and digital rights advocacy camps.

MDY originally brought this action seeking an order that it did not violate Blizzard’s copyright by selling MMO Glider, but instead, the court ruled in Blizzard’s favor before the case could get to a jury.  For the full background of this suit, see Virtually Blind’s complete coverage of MDY v. Blizzard.

From the current motion for an injunction:

Blizzard respectfully requests that the injunction preclude MDY, Michael Donnelly, all employees and agents of MDY, and any person acting in concert with them from marketing, selling, supporting, or developing Glider or similar software for use with WoW. To ensure that MDY cannot circumvent the injunction and to provide redress for Blizzard’s injuries, Blizzard requests that the following specific prohibitions also be included.

First, the injunction should specifically enjoin MDY from continuing to operate its authentication server. [...]  Enjoining MDY from continued operation of the authentication servers would have the effect of rendering all existing copies of Glider useless, and would effectively protect Blizzard’s rights under this Court’s summary judgment order.

Second, in order to prevent MDY from circumventing this prohibition and to prevent further infringement of copyright and interference with Blizzard’s contractual relations, Blizzard respectfully requests that MDY be enjoined from developing or maintaining Glider. MDY constantly updates Glider to ensure its continued success in cracking Warden’s evolving detection and access control technologies. [...] If the injunction prevents those updates, it will reduce the harm to Blizzard by allowing it to forego constant security updates caused by Glider use.

Third, the injunction should preclude MDY from releasing the Glider source code to third parties, especially those located abroad and over whom it may be difficult or impossible to gain jurisdiction in the United States. [...] Some Glider users have suggested on internet forums that MDY provide the Glider source code as “open source” software—free for use. Ex. C, Shumway Decl. at Ex 4. If MDY is allowed to distribute the source code, Blizzard will be faced with numerous parties around the world infringing its copyright—and possibly doing so without a revenue stream with which to compensate it for damage to WoW.

Finally, the injunction should specifically enjoin MDY from providing assistance to third parties in developing their own botting software for use with WoW. While Glider is far and away the most popular botting software used in WoW, other bots do exist. Blizzard SoF ¶ 218. Numerous other individuals around the world, many of whom may be difficult to sue in United States courts, would undoubtedly be interested in picking up Glider’s mantel and continuing to provide an equally successful bot for use in WoW, something that has thus far proved beyond the ability of anyone other than MDY. Preventing MDY from not only releasing the source code, but providing advice to those individuals creating their own bots would prevent the irreparable injury that could result from the creating of botting software by disparate individuals and companies from whom a judgment might be difficult or impossible to collect.

The exhibits mentioned in these excerpts are available here (.zip).  MDY has said it plans to appeal the original ruling (via Information Week) and would, presumably, seek to stay any injunction pending appeal.