Wednesday, June 10, 2009

Content Theft, Misrepresentation, Fraud & Libel On The Internet

Content theft is a serious matter and is subject to a range of international and domestic legal remedies. Quite rightly. The monetarism of 'virtual' worlds and 'virtual' property has been addressed in recent court cases in the USA, China and Europe where such 'virtual' property and civil and criminal crimes associated with such property have been subject to legal proceedings and remedies.

Bearing this in mind, a recent event in SL has caught my particular attention. In this instance, despite all clear evidence to the contrary, one business owner has used their group and blog to accuse another of 'copying'.

The business person so accused has ample clear evidence to show that to the contrary that their accuser developed their product AFTER the accused. This evidence indicates strongly that the accusations are not only baseless but have no standing in fact.

Of course there are people who believe that making unfounded accusations, 'getting in first' will draw attention from the actual reality of their own actions. All it does is draw more attention to the facts of the case. The question asked is - prove the accusation. It will be interesting to see how LL deals with this particular case.

However, in the course of making unfounded accusations, another series of elements have been engaged by the accuser. In terms of business these may be considered to be more serious than the actual copying, which it seems on the basis of evidence provided by the accused, that the accuser may have quite possibly committed themselves.

To many, originality and reputation is significant. To have reputation and integrity compromised has the potential to cause damage, personally and in business. When this is undertaken with intent and without foundation the defense of 'fact' or 'truth' does not apply.

To reiterate:

LIBEL:

    1. A false publication, as in writing, print, signs, or pictures, that damages a person's reputation.
    2. The act of presenting such material to the public

  1. DEFAMATION - An act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment, status or earnings or otherwise suffer a damaged reputation. Such defamation is couched in 'defamatory language'. Libel and slander are defamation.
As time goes on, recent cases are addressing many of the legal issues that have caused some furrowed brows in the legal community in the past. Perhaps it is time for people participating in virtual worlds to fully understood that their actions may in fact, be subject to real life legal remedies and not merely TOS of a grid or site owner.

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