Build your own worldBuild your own worldUser Generated Content, Second Life and User Generated Content, Second Life and

Creative CommonsCreative Commons

AndrAndréés 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 AttributionBY-NC Attribution - Non CommercialBY-SA Attribution - Share AlikeBY-ND Attribution - No DerivativesBY-NC-SA Attribution - Non Commercial - Share AlikeBY-NC-ND Attribution - Non Commercial - No Derivatives

Types of licenceTypes of licence

Simple License GeneratorSimple License Generator

Human-Readable

Commons Deed

Lawyer-Readable

Legal Code

Machine-Readable

Digital Code

<a rel="license" href="http://creativecommons.org/licenses/by/2.5/scotland/"><img alt="Creative Commons License" style="border-width:0" src="http://i.creativecommons.org/l/by/2.5/scotland/88x31.png" /></a><br />This work is licensed under a <a rel="license" href="http://creativecommons.org/licenses/by/2.5/scotland/">Creative Commons Attribution 2.5 UK: Scotland License</a>.

However...However...

ChangChang’’s 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 world

MMOGMMOG

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 source””

contentcontent

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 EULA

““You 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"Here’’s 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 Labs

Mr 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?