UNDERSTANDING PLAYER’S OWNERSHIP IN ONLINE GAME THROUGH ITS TERMS OF SERVICE

[email_address] WWW.LINKEDIN.COM/GENERALCOUNSEL WWW.LEGALLYSMART.WORDPRESS.COM WWW.SLIDESHARE.NET/LEGALLYSMART TWITTER @LEGALLYSMART SARAH M. ABDULLAH

SARAH M. ABDULLAH

DEFINITION VIRTUAL PROPERTY Virtual item in virtual world of online game; An asset within an online game; Has value in its virtual world;

VIRTUAL PROPERTY

Virtual item in virtual world of online game;

An asset within an online game;

Has value in its virtual world;

TYPE OF VIRTUAL PROPERTY ITEM OBJECT Weapons, clothes, accessories; potion, cart, land CHARACTER CURRENCY PLAYER ‘S ACCOUNT

ITEM OBJECT

Weapons, clothes, accessories; potion, cart, land

CHARACTER

CURRENCY

PLAYER ‘S ACCOUNT

OWNERSHIP OWNERSHIP OF THE INTELLECTUAL PROPERTY RIGHTS (IPRs) “ SECOND LIFE” By LINDEN LAB Player retains IPRs for any content created by player

OWNERSHIP OF THE INTELLECTUAL PROPERTY RIGHTS (IPRs)

“ SECOND LIFE” By LINDEN LAB

Player retains IPRs for any content created by player

FACTS Player has an IPRs over a content that player creates in Second Life BUT Linden Labs also retains the rights to delete player’s content.

Player has an IPRs over a content that player creates in Second Life

BUT

Linden Labs also retains the rights to delete player’s content.

TOS the perpetual and irrevocable right to delete any or all of your Content from Linden Lab's servers and from the Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party. ( TOS - License Terms and Other Intellectual Property Terms -clause 3.2.b) Linden Lab retains ownership of the account and related data, regardless of intellectual property rights you may have in content you create or otherwise own. (TOS - License Terms and Other Intellectual Property Terms-Clause 3.3)

the perpetual and irrevocable right to delete any or all of your Content from Linden Lab's servers and from the Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party.

( TOS - License Terms and Other Intellectual Property Terms -clause 3.2.b)

Linden Lab retains ownership of the account and related data, regardless of intellectual property rights you may have in content you create or otherwise own.

(TOS - License Terms and Other Intellectual Property Terms-Clause 3.3)

TOS All data on Linden Lab's servers are subject to deletion, alteration or transfer. Linden Lab reserves the right to delete or remove player’s data along with all player’s copyrights or any other rights in it at any time for any reason in Linden Lab’s sole discretion. (TOS - Releases, Disclaimer of Warranty, Limitation of Liability and Indemnification - Clause 5.3)

All data on Linden Lab's servers are subject to deletion, alteration or transfer.

Linden Lab reserves the right to delete or remove player’s data along with all player’s copyrights or any other rights in it at any time for any reason in Linden Lab’s sole discretion.

(TOS - Releases, Disclaimer of Warranty, Limitation of Liability and Indemnification - Clause 5.3)

TOS Linden Lab's liability to you is expressly limited, to the extent allowable under applicable law. IN ADDITION, IN NO EVENT WILL LINDEN LAB'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). (TOS - Releases, Disclaimer of Warranty, Limitation of Liability and Indemnification - Clause 5.3)

Linden Lab's liability to you is expressly limited, to the extent allowable under applicable law.

IN ADDITION, IN NO EVENT WILL LINDEN LAB'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00).

(TOS - Releases, Disclaimer of Warranty, Limitation of Liability and Indemnification - Clause 5.3)

QUESTION How is it legally permissible, player’s IPRs content being deleted by Linden Lab?

How is it legally permissible, player’s IPRs content being deleted by Linden Lab?

TOS Although a player can retain IPRs in Second Life, nonetheless: “ You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data Linden Lab stores on Linden Lab servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of Linden Lab. “ ( TOS - License Terms and Other Intellectual Property Terms-Clause 3.3)

Although a player can retain IPRs in Second Life, nonetheless:

“ You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data Linden Lab stores on Linden Lab servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of Linden Lab. “

( TOS - License Terms and Other Intellectual Property Terms-Clause 3.3)

SUMMARY A player of Second Life has the right to retain IPRs of any content that the player creates in the game. Linden Lab retains all the right of player’s user account and all data being stored in its server. Player can only access his/her Iprs-ed content through user account All player’s IPRs-ed contents are stored in Linden Lab’s server . The final saying would be on Linden Lab’s side, as Linden Lab retains all the right of player’s user account and all data being stored in its server, which will include player’s IPRs-ed contents that can only accessed through player’s user account which are both regulated in Second Life’s TOS as being owned fully by Linden Lab and reserves the rights to do whatever they deem necessary with them.

A player of Second Life has the right to retain IPRs of any content that the player creates in the game.

Linden Lab retains all the right of player’s user account and all data being stored in its server.

Player can only access his/her Iprs-ed content through user account

All player’s IPRs-ed contents are stored in Linden Lab’s server .

The final saying would be on Linden Lab’s side, as Linden Lab retains all the right of player’s user account and all data being stored in its server, which will include player’s IPRs-ed contents that can only accessed through player’s user account which are both regulated in Second Life’s TOS as being owned fully by Linden Lab and reserves the rights to do whatever they deem necessary with them.

DISCLAIMER This writing was written only based on author’s research on the above subject and does not posed as a legal advice by any means at all. Please do consult your lawyer for further formal representation on your behalf, in case you are faced with a legal situation. Any inputs, suggestions, critics or questions are very much welcomed! This writing was first posted by the author, as a mean of publication, at www.slideshare.net/legallysmart ALL THE BEST!!

This writing was written only based on author’s research on the above subject and does not posed as a legal advice by any means at all. Please do consult your lawyer for further formal representation on your behalf, in case you are faced with a legal situation.

Any inputs, suggestions, critics or questions are very much welcomed!

This writing was first posted by the author, as a mean of publication, at

www.slideshare.net/legallysmart

ALL THE BEST!!