Monday, November 2, 2009

Content Creators in SL Commence Action Against Content Theft

Just about every content creator in Second Life is concerned about the epidemic level of copying and straight out rip off of their designs and goods in Second Life. Short of being under a virtual rock it would be impossible not to be aware.

It's not clear whether it's the introduction of the copybot program or the increased use of third party viewers with their additional 'features' that has enabled such widespread theft, but one thing IS for sure, when Linden Labs uses as one of their main 'selling' points to prospective residents the ability to create content in SL (on the Linden Labs servers) they neglected to add the little 'detail' that once created and 'planted' in the SL 'fields', the creation will quite probably be harvested and resold in SL and other grid and Internet based markets by opportunistic thieves. Linden Labs also don't say that in fact their response to content theft is inadequate and slow to the point of enabling the content thieves. Yet it is all occurring on LL servers on a grid administered by LL salaried professional staff.

I have heard many (probably kids and those with the IQ of a carrot) that SL is a 'game', that it isn't 'real' money, that this doesn't matter, that it's not 'real' theft, that the content creators are 'only in it for the money' and somehow 'deserve' to be ripped off; that it's no big deal. Let's dig a hole, scrape the abovementioned idiot group into it and look at this issue logically....

Second Life is enhanced by the content created by residents. Without it there are no shopping, clubs, builds, great sims and environments to explore and enjoy, no virtual weapons, spaceships, vehicles etc. There are no schools, universities, community discussion and self help groups. In short.. what would it look like without content creators' creations? Cos funnily enough, it isn't Linden Lab providing all that you enjoy and that enhances your SL experience.

Without content creators you may as well be on email. Oh wait.. someone created email too..

Now here is the odd thing.. you may need to really engage brains and think about this.... ready.... this is a biggie....sitting comfortably for this Big Revealing Fact?

Content creation takes time.

'OMG!' I hear you say!....'It does?'

See, content does not create itself. (Told you this was a Big Fact..)

Content creation time at the hourly rate of say a web page developer = $
NOT lindens which can be converted to USD, but real money in real time. See here's the odd thing.. braced for another Big Fact?...

People.. real people.. with real computers, and real flesh and blood bodies at real keyboards with real (expensive) 3D and graphics programs... use their tools and skills to CREATE something that others can use. Yet for some reason, when it comes to bringing their creations into SL and even charging for it, they make themselves the target of those who feel they are entitled to a freebie life (the Gimmee-gimmee toddler mentality) or those who want to make a quick buck by stealing and reselling ( the 'psst wanna buy a watch...it fell off the back of a truck' brigade).

So what are content creators doing about this situation?

Well one group has lodged a submission for Class action against Linden Labs in the NY Supreme Court. For those unaware, a class action is a group of content creators in this instance - not just one content creator.

The 'Step Up' Campaign has been established and the number of content creators joining this campaign and taking strategic action is growing daily. Among these actions are 'designated no upload days'. As Linden Labs charges 10L for every texture and file upload this may help demonstrate a level of economic impact - of course the problem with this is that there will probably be double uploads the following day, but at least LL may be able to have a measure of the level of dissatisfaction and concern. The first designated 'no upload day' is November 5th slt. (see: http://stepupsl.wordpress.com/)

One would think that LL would already be able to identify these figures given they form a large part of the ongoing LL income.. but it seems either they 1) have not the technology to count these uploads and report on them in their monthly financial reports or 2) they don't think them significant enough to be concerned about. I doubt the former and feel the latter would be foolish and short-sighted.

Another form of action is now increasing. Many content creators are now selling their creations on the web and delivering in virtual worlds directly. They are charging $USD via for example, paypal or credit card at a price they feel makes creation and selling creations worth their while. This of course seems sensible, particularly given most harvesting the lush fields of LL are selling the stolen goods to other grids - the Open Sim users being the largest market of opportunity.

So what does this mean for LL and content creator residents? Watch this space.

In the meantime, previous court actions taken against LL have offered obiter dictum that has been followed. That the SL economy is 'real' that it translates to $USD through legitimate conversion and exchange. That SL is NOT a game, it carries none of the pre-requisites of a 'game'. That SL is a social networking and economic/commercial/business venture. That the LL Terms of Service does not override contract and criminal law either domestic or international. I predict another out of court settlement to avoid hard precedent being set.

If this proposed class action succeeds, and there is no reason to believe it won't, this will herald in a new era for LL and content creators on the LL/SL grid.

And remember, every time someone rips off someones work, every time someone accepts the stolen goods either on SL or other grids, the eventual cost increases to all but the thief. Make no mistake, this is theft.

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