build your own world

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Presentation given at the Lighthouse, Glasgow, 21/11/07.

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  • Build your own worldBuild your own worldUser Generated Content, Second Life and User Generated Content, Second Life and Creative CommonsCreative CommonsAndrAndrs Guadamuzs GuadamuzAHRC Research Centre for Studies in Intellectual Property and AHRC Research Centre for Studies in Intellectual Property and Technology LawTechnology Law

  • A warning about hype...A warning about hype...

  • Web 2.0Web 2.0

  • Web 1.0Web 1.0 Web 2.0Web 2.0

    read onlyread only read / writeread / write

    top downtop down bottom upbottom up

  • Web 2.0Web 2.0

    User Generated User Generated ContentContent

    PeerPeer--productionproduction

    Virtual worlds, MMOGsVirtual worlds, MMOGs

    Cyberspace / Cyberspace / MetaverseMetaverse

    Some definitionsSome definitions

  • The user is the producerThe user is the producer

    BloggingBlogging

    FlickrFlickr

    YouTubeYouTube

    Social networkingSocial networking

    WikipediaWikipedia

  • Obligatory Long Tail slideObligatory Long Tail slide

  • However...However...

  • Creative CommonsCreative Commons

  • Some conceptsSome concepts

    CopyrightCopyright

    LicenceLicence

    CopyleftCopyleft

    Open Source SoftwareOpen Source Software

    Open Content licencesOpen Content licences

    EndEnd--User Licence AgreementUser Licence Agreement

  • Spectrum of rightsSpectrum of rights

  • CC is copyright for Web 2.0CC is copyright for Web 2.0

  • Core Licensing Suite: Core Licensing Suite: Creator/Licensor chooses licence optionsCreator/Licensor chooses licence options

    Attribution:Attribution: Every CC licences allows the world to Every CC licences allows the world to copy and distribute a work provided that the copy and distribute a work provided that the licensee credits the creator/licensor. licensee credits the creator/licensor. The author may include these other elements:The author may include these other elements:NonCommercial: NonCommercial: licensees can use the work for licensees can use the work for nonnon--commercial purposes.commercial purposes.

    No Derivatives: No Derivatives: the work cannot be modified.the work cannot be modified.

    ShareAlike: ShareAlike: the work can be copied, modified and the work can be copied, modified and distributed if the author releases the derivative distributed if the author releases the derivative under the same licence. under the same licence.

  • BY Attribution

    BY-NC Attribution - Non Commercial

    BY-SA Attribution - Share Alike

    BY-ND Attribution - No Derivatives

    BY-NC-SA Attribution - Non Commercial - Share Alike

    BY-NC-ND Attribution - Non Commercial - No Derivatives

    Types of licenceTypes of licence

  • Simple License GeneratorSimple License Generator

  • Human-ReadableCommons Deed

    Lawyer-ReadableLegal Code

    Machine-ReadableDigital Code

    This work is licensed under a Creative Commons Attribution 2.5 UK: Scotland License.

  • However...However...

  • ChangChangs family complaints family complaint

    "Creative Commons owed a duty to Justin Wong, as a "Creative Commons owed a duty to Justin Wong, as a user and beneficiary of its license. Creative Commons user and beneficiary of its license. Creative Commons breached this duty by failing, among other things, to breached this duty by failing, among other things, to adequately educate and warn him, as a user of the adequately educate and warn him, as a user of the Creative Commons Attribution license, to warn him of the Creative Commons Attribution license, to warn him of the meaning of commercial use and the ramifications and meaning of commercial use and the ramifications and effects of entering into a license allowing such use." effects of entering into a license allowing such use."

  • Virtual WorldsVirtual Worlds

  • Types of virtual worldTypes of virtual worldMMOGMMOG

    MetaverseMetaverse

    PlaygroundPlayground

    ConsoleConsole

  • An important distinctionAn important distinction

    ClientClient ContentContent

    Connects the user to the worldConnects the user to the world The actual virtual worldThe actual virtual world

    Can be independentCan be independent Swords, people, buildings, NPCsSwords, people, buildings, NPCs

  • MachinimaMachinima

  • The new virtual world...The new virtual world...

  • Augmented realityAugmented reality

  • Legal issuesLegal issues

  • Legal classificationLegal classification

    Closed contentClosed content Open ContentOpen Content Open sourceOpen sourcecontentcontent

    Proprietary Proprietary clientclient

    Open source Open source clientclient

  • JurisdictionJurisdiction

    Global gamesGlobal games Regional gamesRegional games National gamesNational games

  • Second Life EULASecond Life EULA

    3.2 You retain copyright and other intellectual property 3.2 You retain copyright and other intellectual property rights with respect to Content you create in Second Life, rights with respect to Content you create in Second Life, to the extent that you have such rights under applicable to the extent that you have such rights under applicable law. However, you must make certain representations law. However, you must make certain representations and warranties, and provide certain license rights, and warranties, and provide certain license rights, forbearances and indemnification, to Linden Lab and to forbearances and indemnification, to Linden Lab and to other users of Second Life.other users of Second Life.

  • Second Life EULASecond Life EULAYou acknowledge that: (i) by using the Service you may You acknowledge that: (i) by using the Service you may have access to graphics, sound effects, music, video, have access to graphics, sound effects, music, video, audio, computer programs, animation, text and other audio, computer programs, animation, text and other creative output (collectively, "Content"), and (ii) Content creative output (collectively, "Content"), and (ii) Content may be provided under license by independent content may be provided under license by independent content providers, including contributions from other users of the providers, including contributions from other users of the Service [...] Service [...] You acknowledge that Linden Lab and other Content You acknowledge that Linden Lab and other Content Providers have rights in their respective Content under Providers have rights in their respective Content under copyright and other applicable laws and treaty copyright and other applicable laws and treaty provisions, and that except as described in this provisions, and that except as described in this Agreement, such rights are not licensed or otherwise Agreement, such rights are not licensed or otherwise transferred by mere use of the Service.transferred by mere use of the Service.

  • Game Content Usage RulesGame Content Usage Rules

    "Here"Heres the magic words from our lawyers: so long as s the magic words from our lawyers: so long as you respect these rules, Microsoft grants you a personal, you respect these rules, Microsoft grants you a personal, nonnon--exclusive, nonexclusive, non--transferable license to use and transferable license to use and display Game Content and to create derivative works display Game Content and to create derivative works based upon Game Content, strictly for noncommercial based upon Game Content, strictly for noncommercial and personal use. We can revoke this limited use license and personal use. We can revoke this limited use license at any time and for any reason."at any time and for any reason."

  • Bragg v Linden LabsBragg v Linden LabsMr Bragg is an attorney who exploited a vulnerability in Mr Bragg is an attorney who exploited a vulnerability in Second Life's land auction system, Second Life's land auction system,

    He used it to purchase $8,000 USD (approximately $2 He used it to purchase $8,000 USD (approximately $2 million Linden dollars) worth of land for only $300 USD million Linden dollars) worth of land for only $300 USD investment. investment.

    Linden Labs froze his inLinden Labs froze his in--game assets, confiscated the game assets, confiscated the land and terminated his account.land and terminated his account.

    Bragg sued Linden Labs for breach of contract, unfair Bragg sued Linden Labs for breach of contract, unfair trade practices, and later expanded his claims in order to trade practices, and later expanded his claims in order to obtain an injunction disallowing Linden Labs to terminate obtain an injunction disallowing Linden Labs to terminate users' accounts.users' accounts.

  • Bragg v Linden LabsBragg v Linden Labs

  • SexGen trade mark casesSexGen trade mark cases

  • Electronic MoneyElectronic Money

    Electronic moneyElectronic money shall mean monetary value as shall mean monetary value as represented by a claim on the issuer which is:represented by a claim on the issuer which is:

    (i) stored on an electronic device;(i) stored on an electronic device;(ii) issued on receipt of funds of an amount not less in (ii) issued on receipt of funds of an amount not less in value than the monetary value issued;value than the monetary value issued;

    (iii) accepted as means of payment by undertakings (iii) accepted as means of payment by undertakings other than the issuer.other than the issuer.

  • Concluding...Concluding...

  • Questions?Questions?