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Build Your Own World

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

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

Published in: Technology

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  • 1. Build your own world User Generated Content, Second Life and Creative Commons Andrés Guadamuz AHRC Research Centre for Studies in Intellectual Property and Technology Law
  • 2. A warning about hype...
  • 3. Web 2.0
  • 4. Web 1.0 Web 2.0 read only read / write top down bottom up
  • 5. Some definitions Web 2.0 User Generated Content Peer-production Virtual worlds, MMOGs Cyberspace / Metaverse
  • 6. The user is the producer Blogging Flickr YouTube Social networking Wikipedia
  • 7. Obligatory Long Tail slide
  • 8. However...
  • 9. Creative Commons
  • 10. Some concepts Copyright Licence Copyleft Open Source Software Open Content licences End-User Licence Agreement
  • 11. Spectrum of rights
  • 12. CC is copyright for Web 2.0
  • 13. Core Licensing Suite: Creator/Licensor chooses licence options Attribution: Every CC licences allows the world to • copy and distribute a work provided that the licensee credits the creator/licensor. •The author may include these other elements: NonCommercial: licensees can use the work for • non-commercial purposes. No Derivatives: the work cannot be modified. • • ShareAlike: the work can be copied, modified and distributed if the author releases the derivative under the same licence.
  • 14. s e vit a vi r e D o N - l ai c r e m m o C n o N - n o it u bi rtt A D N- C N- Y B e kil A e r a h S - l ai c r e m m o C n o N - n o it u bi rtt A A S- C N- Y B s e v i t a vi r e D o N - n o i t u b i r t t A D N- Y B e ki l A e r a h S - n o i t u b i r t t A A S- Y B l ai c r e m m o C n o N - n o i t u b i r t t A C N- Y B n o i t u bi r t t A YB Types of licence
  • 15. Simple License Generator
  • 16. Human-Readable Lawyer-Readable Machine-Readable Commons Deed Legal Code Digital Code <a rel=quot;licensequot; href=quot;http://creativecommons.org/licens es/by/2.5/scotland/quot;> <img alt=quot;Creative Commons Licensequot; style=quot;border-width:0quot; src=quot;http://i.creativecommons.org/l/by/2 .5/scotland/88x31.pngquot; /> </a> <br />This work is licensed under a <a rel=quot;licensequot; href=quot;http://creativecommons.org/licens es/by/2.5/scotland/quot;>Creative Commons Attribution 2.5 UK: Scotland License</a>.
  • 17. However...
  • 18. Chang’s family complaint quot;Creative Commons owed a duty to Justin Wong, as a • user and beneficiary of its license. Creative Commons breached this duty by failing, among other things, to adequately educate and warn him, as a user of the Creative Commons Attribution license, to warn him of the meaning of commercial use and the ramifications and effects of entering into a license allowing such use.quot;
  • 19. Virtual Worlds
  • 20. Types of virtual world MMOG Metaverse Playground Console
  • 21. An important distinction Client Content Connects the user to the world The actual virtual world Can be independent Swords, people, buildings, NPCs
  • 22. Machinima
  • 23. The new virtual world...
  • 24. Augmented reality
  • 25. Legal issues
  • 26. Legal classification “Open source” Closed content Open Content content Proprietary client Open source client
  • 27. Jurisdiction Global games Regional games National games
  • 28. Second Life EULA “3.2 You retain copyright and other intellectual property rights with respect to Content you create in Second Life, to the extent that you have such rights under applicable law. However, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification, to Linden Lab and to other users of Second Life.”
  • 29. Second Life EULA “You acknowledge that: (i) by using the Service you may have access to graphics, sound effects, music, video, audio, computer programs, animation, text and other creative output (collectively, quot;Contentquot;), and (ii) Content may be provided under license by independent content providers, including contributions from other users of the Service [...] You acknowledge that Linden Lab and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Service.”
  • 30. Game Content Usage Rules quot;Here’s the magic words from our lawyers: so long as you respect these rules, Microsoft grants you a personal, non-exclusive, non-transferable license to use and display Game Content and to create derivative works based upon Game Content, strictly for noncommercial and personal use. We can revoke this limited use license at any time and for any reason.quot;
  • 31. Bragg v Linden Labs Mr Bragg is an attorney who exploited a vulnerability in Second Life's land auction system, He used it to purchase $8,000 USD (approximately $2 million Linden dollars) worth of land for only $300 USD investment. Linden Labs froze his in-game assets, confiscated the land and terminated his account. Bragg sued Linden Labs for breach of contract, unfair trade practices, and later expanded his claims in order to obtain an injunction disallowing Linden Labs to terminate users' accounts.
  • 32. Bragg v Linden Labs
  • 33. SexGen trade mark cases
  • 34. Electronic Money ‘Electronic money’ shall mean monetary value as represented by a claim on the issuer which is: (i) stored on an electronic device; (ii) issued on receipt of funds of an amount not less in value than the monetary value issued; (iii) accepted as means of payment by undertakings other than the issuer.
  • 35. Concluding...
  • 36. Questions?