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

My.Club Appoints Nicole Aniston Newest Brand Ambassador

My.Club has named Nicole Aniston its newest brand ambassador.

Elevated X Implements Age Verification Solution, Integration API

Elevated X is now offering age verification services (AVS) through an API.

MojoHost Unveils 'Star Wars Day' Promo

MojoHost will celebrate “Star Wars Day” on Saturday by offering a special discount on new purchases of dedicated servers, VPS and CDN prepay plans throughout the month of May.

2024 XBIZ Miami Show Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, the adult industry's biggest summer conference, set to take place May 13-16.

California Labor Division Rules in Nicole Doshi's Favor in Motley Contract Dispute

The Division of Labor Standards Enforcement of the California Department of Industrial Relations ruled on Monday in favor of Nicole Doshi in her contract dispute with defunct talent agency Motley Models and its former owner Dave Rock.

Video: FSC's Alison Boden Testifies Before California Assembly Committee Regarding Age Verification

Free Speech Coalition Executive Director Alison Boden testified before the California Assembly Judiciary Committee on Tuesday, in opposition to the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Princess Mindy Is LoyalFans' 'Featured Creator' for May

LoyalFans has named Princess Mindy as its Featured Creator for May.

Republicans Behind Oklahoma's New Age Verification Law Gleeful About Potential Pornhub 'Exit'

Republican Gov. Kevin Stitt has signed into law Oklahoma’s version of the age verification legislation being sponsored around the country by anti-porn religious conservative activists.

Woodhull Freedom Foundation Debuts 'Fact Checked by Woodhull' Program

The Woodhull Freedom Foundation has launched its new "Fact Checked by Woodhull" program, which uses peer-reviewed research, compiled and analyzed by professional researchers, to debunk myths weaponized to justify the repression of sex, sexuality and gender expression.

Supreme Court Denies Stay of Texas' Age Verification Law

The U.S. Supreme Court has denied a request by Free Speech Coalition (FSC) and other plaintiffs to stay Texas’ controversial age verification law while the court decides on a petition that would effectively overturn it on constitutional grounds.

Show More