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 © 2026 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

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

UPDATED: Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3.

JustFor.fans Launches 'JFF Create' iPhone App

JustFor.fans (JFF) has launched its new iPhone creator management app, JFF Create.

ShootXEvents Joins ASACP as Media Sponsor

ShootXEvents has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

North Carolina Weighing Tax on Brick-and-Mortar Sales of Adult DVDs, Mags

The North Carolina state legislature is considering a bill that would impose a new 10% tax on adult DVDs, magazines and other visual material sold by physical retailers in the state.

FSC Launches 'Know Your Rights' 1st Amendment Resource Page

The Free Speech Coalition (FSC) has launched "Know Your Rights," a resource page detailing First Amendment protest guidelines.

Utah VPN Rule for Adult Sites Takes Effect This Week

A new law in Utah comes into force Wednesday, making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification.

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Show More