Software Developer Sues Avatar for Copyright Infringement

TAMPA, Fla. —Eros LLC founder/CEO and software developer Kevin Alderman has filed a civil lawsuit in U.S. District Court in Tampa, Fla., against the owner of a virtual reality Second Life avatar named “Volkov Catteneo.” Alderman has accused the “John Doe “ plantiff of selling unauthorized copies of Alderman’s company’s software called the SexGen Platinum Base Unit.

Using Second Life scripting language, SexGen Platinum puts code into objects in the digital world; frisky Second Lifers can then use the objects to access menus of various sexual positions and actions their avatars can perform. The software retails for $45.

Alderman, who allows the software to be transferred by users but not copied, alleges that Catteneo continues to replicate and sell the program, which Alderman’s lawyer Frank Taney describes as “the most popular adult-themed product in the Second Life World.”

According to an article on Yahoo News, Alderman filed suit on July 3 and also has tried to communicate with Catteneo.

“We confronted him about it and his basic response was, ‘What are you going to do? Sue me?’” Alderman said. “I guess the mentality is that because you're an avatar ... that you are untouchable. The purpose of this suit is not only to protect our income and our product, but also to show, yes, you can be prosecuted and brought to justice.”

However, the case will be one of the first Second Life disputes litigated in a real world court.

Second Life, created by San Francisco-based Linden Labs, is an online digital world where inhabitants are granted basic avatars as representations of themselves. Once “in-world,” residents can purchase upgrades to their avatars, property, merchandise and services using real money. Second Life dollars, called “Lindens,” equal 270 to $1 U.S. The Second Life site’s front page list a daily average of dollars spent, currently at $1.1 million.

Retailers like Alderman are able to generate actual revenue. In Eros’ in-world shop, there is a staff of avatars to provide customer service and users can try out software applications before purchase.

Despite the digital nature of the accused content pirate and the virtual environment where he is allegedly peddling his wares, Taney said that the lawsuit clearly has a basis in reality.

“It’s a piece of software and software is copyrightable,” Taney said. “It's also expressed in graphics, which also are copyrightable. There is some sizzle. People like to say it's really far out there, but at the end of the day I equate it to basic intellectual property principles.”

Taney also has said he believes that he knows the actual identity of Catteneo, and is compiling records from eBay Inc.’s PayPal payment service, chat logs and the avatar’s trade history in Second Life through subpoenas.

“There is a whole lot less anonymity on line than people think. There are over 20,000 people who have been sued for downloading music. They may have felt anonymous, but they weren’t,” senior staff attorney at the Electronic Frontier Foundation Fred von Lohmann said.

“In a virtual world, you have the ability to gather evidence that you don’t have in the real world,” Lohmann said. “Everything that happens in Second Life is reflected on computer servers. Depending on how long they keep your records, you could actually replay the event as it happens.”

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp signed into law on Tuesday a bill that includes Georgia’s version of the age verification of adult content provisions being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Show More