Commentary: Second Life Is Dead, Long Live Second Life

By Cyfir (Cyfiremmerich)

Over the past two years, I’ve struggled to honestly see the point of Second Life, but for some reason I keep logging in and stay logged in. I believe that mostly has to do with me now owning a store (as well as being in a long distance relationship). I’ve always looked at Second Life as a social platform, and as I’ve witnessed the social aspects of Second Life dwindle, I’ve equated that to Second Life dying out. I mean, it would make sense. Social networks come and go. Since the Internet’s inception, the popularity of platforms seem to dwindle over time in favor of new platforms.

This begs the question then of why people still log in. Sims sit empty while Linden Labs collects on the rent. Clubs seem to pop up overnight just to go away a few months later. There doesn’t seem to be a point in trying to build a social space anymore unless you’re already established and have the equity to ride things out. But I believe that everything has shifted to creation rather than it being a social platform. Even though the bulk of my sales are on Marketplace and I just view my in-world stores as advertising, people still line up in droves outside of big shopping events like the Gacha Guild.

You see, Second Life has something that many social platforms don’t have and that’s a near boundless ability for talented creators to create and have others enjoy their creations. This is why it has survived this long. The Marketplace is still popular and the viewer itself has become just a way for many people to enjoy those creations and to create things for themselves and others.

Cyfir

Ripoffing Artists

By Theonlyjohnny Resident

Thieves are always out there. No matter what you do, there will always be thieves. Though the marketplace wasn't void of thieves, before, they used to actually somewhat respect people's wishes. If someone said not to sell something for more than a certain amount, and they sold it, they wouldn't go over that amount.

However, today, it seems as if all people care about is money. From selling freebies in a vendor, for 900 linden (you know who you are), to using bots to promote your own items. One person went beyond that, and decided to not only sell a freebie for 30 linden, but not even give the creators, Arcadia Asylum, credit.

The item in question is a hover scooter, and I know most of you are wondering why it's such a big deal. Well, firstly, Arcadia Asylum's admins work really hard to give people their free items, and they deserve credit for it. Secondly, upon receiving any item from Arcadia Asylum, you will also be given a notecard, that says, and I quote,

"*YOU CAN NOT RESELL ANYTHING IN THIS BOX FOR EVEN ONE LINDEN DOLLAR*."

Now some people wouldn't see the problem, thinking the person might not have read the notecard. However, it's a bit hard not to read a notecard that is named: "*****STOP***YOU MUST READ ME FIRST ***STOP*****". It's nearly impossible to not read it. However, even if they didn't read it, they had the means to, right there, so ignorance is not an excuse.

To make matters worse, the seller also decided to promote the stolen item, in the lowest way possible. He created bots, whose sole purpose was to simply buy from his store, and give the items 5 star reviews.

If you're wondering how I know they're bots, well it's simple. No actual person would buy an item, leave a 5 star review, but will only put "ty" or "nice." They would say why it's so good. Plus, in the seller's store, which is comprised of a bunch of stolen items, most of the people that review his items were made the exact same day. All of the people share one thing in common though, their profiles are all blank. Not even a profile pic or a description, yet most of them have been around for at least 8 months.

It's people like this, that make me weary of going to the marketplace. I don't know if the item was stolen or not. However, there is a way to tell if it was stolen, first off, think back, if you have seen it at another store then there is your answer. Another way, is to ask around. What ever you choose to do, always be cautious.

Theonlyjohnny Resident.

Editors Note: Shortly after Johnny sent me this article, he came across another ripoff. There was a package of furry avatars up for sale for 50L. But upon closer inspection, it contained works from Curious and Aventity which weren't yet retired. Be careful that your "bargain" isn't really from a burglar.

More on CBS and "Star Trek" Content in Second Life

By Bixyl Shuftan

Last month, CBS was contacting Linden Lab and several content creators about the latter's merchandizing of "Star-Trek" related items. As the owner of most of Star Trek's copyrights, CBS demanded they remove their items from SL Marketplace and stop selling them. Recently, a number of Trek fans met up to discuss CBS's moves, and what to do about it.


About a dozen residents, including Vic Morrington (Victor1st Morrington) of the Dr. Who community, and "Examiner" writer Doc Grun, were present at the meeting. Doc Grun stated he had written to CBS about the matter. "CBS has declined to comment, and has also declined to be interviewed," he stated, though several CBS employees had checked his Linkedin profile since.

The incident was compared to when Universal contacted Linden Lab about Second Life's "Battlestar Galactica" content. With "Battlestar," sims and groups had been closed until Universal until an agreement was made. This time CBS contacted both Linden Lab *and* several content creators. Doc called it, "That is using an atomic bomb to swat a fly." But unlike then, no sims or groups had been taken down. Vic suggested CBS was looking for a quicker resolution, "direct contact with the seller makes for much quicker conversations between CBS and the person they contacted without going through the middle man: Linden Lab." That is, those departments of CBS involved, "It wasn't a full shut down 'cause the top tier of CBS legal department never got involved in this, it was the clerks."

So what were CBS's goals? The language in the letters CBS sent left much room for interpretation, "Immediately cease all creation, distribution, promotion, and sales of the infringing products. … Refrain from advertising, selling, and positing the infringing products in any format on the Second Life Marketplace, and at any other websites or locations where you may be offering and/or selling the infringing products." Was CBS trying to stomp out not just the selling of Trek content, but Trek roleplaying as well? Vic disagreed, "They only came into SL to get rid of the folks selling IP violation items, there was no sign of them trying to close down the RP groups within SL." Doc Grun seemed uncertain, saying, "you all have contraband you see, every one of you is wearing stolen goods. Lawyers are there to take on trivial sh*t like the end of the world mattered on it." But was CBS trying to wipe them out, "They have not made that clear, at all. You are literally in limbo."

The residents had various different reactions. One had deleted all Trek items off his Marketplace account and no longer made it. Another had kept going, "I will never listen to any one that tells me to stop my RP and building of trek whatsoever." It was the impression of those meeting the Trek community as a whole would keep on roleplaying, CBS be damned. If nothing else, there were other virtual worlds besides Second Life, one saying, "You'd be surprised at the number of Trek groups that have left Second Life for other grids, sometimes private grids."

Despite the lack of clarity from CBS, Vic suggested keeping the emails to them at a minimum, "as someone who used to work for Paramount, if you folks keep prodding CBS looking for an explanation, they will take that stick you are prodding them with and are liable to just say 'screw it' and beat you all over the head with it. As I explained COUNTLESS times to the IFT folks, you do not 'deal' with CBS."

Following the meeting, Doc Grun made his own column for the "Examiner." But the title of it, "CBS Moves to Stop Star Trek Content in Second Life" sparked some controversy among some Trek fans as needless scaremongering as more than one thought it was suggesting CBS was after all Trek content, not just that which was sold. Edconnect Gufler of the Trek Museum remarked in one chat,"He has no credtibility." Others suggested giving him a break, saying he did try to get the facts and talk to CBS. Then came an announcement from the IFT group that suggested negotiations with were suspended:

I have been playing e-mail tag with the office of the Vice President of Licensing & Intellectual Property Rights, Liz K. (technically her exec. asst. Brian L.), at CBS. They really do not like it when someone else tries to intervene after establishing that I was the point of contact in SL back in 2009. As a result, I believe they have ceased all talks. So, a sarcastic thanks goes out to whomever interfered. At any rate, until told otherwise, keep things status quo, short of selling copyrighted stuff.

For now, the question of the fate of Star Trek content in Second Life remains not yet resolved. Chatting with some in IMs and group chats, some see CBS has no real legal claim to shut down Trek RP groups and sims with freebie goods. After all, are there no shortage of Star Trek costumes in real life science-fiction conventions? Has not Gene Rodenberry's son appeared in Second Life and seen his father's work recreated here, and not having a problem with it? But others are not taking chances, heading on to other pastures, such as OpenSim.

Bixyl Shuftan

CBS Cracks Down on Sales of "Star Trek" Goods in Second Life

 Second Life has a large science-fiction community, consisting of roleplaying groups, sci-fi themed combat areas, and general fans. While some areas and items are completely original, other places and groups are inspired by stories and shows. Probably the science fiction show with the biggest following is "Star Trek," with a number of roleplaying groups and locations. Ships, uniforms, building styles, alien race avatars, and other items are faithfully depicted as much as the builders' time and skills can allow. Even people not in role-play groups have sought Trek items, for Halloween, costume parties, or just for fun. And numerous Star Trek items have been made for sale in both inworld stores and the Marketplace.

There's just one not so small problem. The "Star Trek" franchise falls under copyright protection, which is owned by CBS. And begining last month, they began making an effort to enforce it in Second Life.

Following a tip from a reader, Second Life Newser got in touch with Cheshyr Pontchartrain, the owner of Novatech which made a number of Star Trek items. Cheshyr told me someone had "turned-in a number of Star Trek groups and merchants to CBS. … My problem is the way Linden Lab handled the issue. CBS objected to all content, yet Linden Lab singled me out with a one-week suspension. The shops that exclusively sell Star Trek merchandise weren't enough touched. Their items are still online." He stated he had heard the one who notified CBS was involved in a personal feud "with various Trekkies here."

Cheshyr also provided copies of the emails to Linden Lab and himself, in addition to his response to CBS. His letter stated he had removed the bulk of his items from sale and would soon have the last of them gone, and asked "exactly what CBS Studios is objecting to, and what we are permitted to do, so that we can avoid this in the future."

I was also told that set designs, such as the classic Enterprise bridge, are only protected for 25 years from publication. And since classic Star Trek has been off the air for 43 years, something seems off.  I may have been misinformed, but 40+ years of people selling Star Trek art, mock-up real-world bridges, etc., implies that little was done to discourage them.

Losing a few products means little to me, as Star Trek is an insignificant part of my product line, and $80 income in 7 years is hardly life-changing.  But there are thousands of Star Trek fans in the Second Life community who are afraid they’ll have to move on to a new TV series because of this.  Any light you can shed will be appreciated, especially by your fan base.

Second Life Newser also contacted Ntanel Swordthain of the IFT Sci-Fi Alliance. His response was the following:

I am working on it with CBS.  I have to hold off on saying much more than that we know that they are going down the SL Marketplace list and starting from the largest offenders to the smallest.  The largest, as we now know, was Cheshyr Pontchartrain.  We do not know with any certainty that CBS is coming into Second Life or if the statement from CBS' legal representative about allowing no replication of Trek properties is the actual intent of CBS.  If it is, it will effectively end Trek fandom on Second Life.  As of now, we are still operating under the rules of fair use.  Until I get clarification on the statement made by CBS' legal representative, we will proceed as normal.  This by no means gives anyone permission to continue breaching CBS' rights by selling replicated items. I will update everyone via a notice on the IFTSFA group once I know more. 

A look at Second Life Marketplace searching for items tagged "Star Trek," most items had little to do with Trek, though a few obviously were, and others bared some resemblance to ships and things from the show. When a small science fiction convention took place inworld, people were cautioned about selling Trek items, otherwise the groups were to proceed as normal.

Twice in the history of Second Life, the lawyers of the copyright owners of two science-fiction stories have gone after roleplay groups. In 2009, The Frank Herbert Estate went after a 130 member group and their "Dune" sim, which responded by removing copyrighted terms and renaming themselves. In 2010, Universal Studios went after "Battlestar Galactica" items and sims, and Linden Lab closed down some places. A few months later, Universal reached an agreement with the BSG groups, saying they could use the name, but no items made with copyrighted terms could be sold: uniforms, ships, weapons, etc. would have to be "freebies."

Both times, some inworld Trekkers wondered if they might be next and what would happen. Now, the copyright owners are focusing attention on the content that makes their areas what they are. What happens next remains to be seen. Will Star Trek in Second Life will vanish, or continue to "live long and prosper?"

Bixyl Shuftan


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CBS
51 West 52nd Street
New York, NY 10019

On behalf of Lisa Cattan

October 23, 2012

Via Email
Laura Pirri
Linden Research, Inc.
945 Battery Street
San Francisco, CA 94111
removals@lindenlab.com

Dear Ms. Pirri:
 
I write on behalf of CBS Studios Inc. (the “Rights Owner"), owner of certain intellectual property rights to the television series “Star Trek.” We have a good faith belief that the information in this notice is accurate. Under penalty of perjury, I am authorized to act on behalf of the Rights Owner.

We are notifying you of infringement of the Rights Owner’s rights under the Copyright Act and counterpart laws around the world at the following location(s):

https://marketplace.secondlife.com/p/RankPins-2353-2366/3429749
https://marketplace.secondlife.com/p/Uniform-Catsuit-Science/3370711
https://marketplace.secondlife.com/p/RankPins-2367-Nemesis/3429738
https://marketplace.secondlife.com/p/Uniform-2369-Command/3365364
https://marketplace.secondlife.com/p/Uniform-Catsuit-Command/3370709
https://marketplace.secondlife.com/p/Uniform-2353-Deluxe/3360135
https://marketplace.secondlife.com/p/Uniform-2373-Science/3367950
https://marketplace.secondlife.com/p/Uniform-2373-Command/3367944
https://marketplace.secondlife.com/p/Uniform-2369-Operations/3365370
https://marketplace.secondlife.com/p/Uniform-2353-Command/3360086
https://marketplace.secondlife.com/p/Uniform-2373-Flag/3367952
https://marketplace.secondlife.com/p/Uniform-2373-Deluxe/3367938
https://marketplace.secondlife.com/p/Uniform-2353-Science/3360108
https://marketplace.secondlife.com/p/Uniform-Catsuit-Flag/3370703
https://marketplace.secondlife.com/p/Uniform-2390-Command/3369487
https://marketplace.secondlife.com/p/Uniform-2369-Deluxe/3365386
https://marketplace.secondlife.com/p/Uniform-Catsuit-Operations/3370706
https://marketplace.secondlife.com/p/Uniform-2390-Science/3369532
https://marketplace.secondlife.com/p/Uniform-2390-Flag/3369556
https://marketplace.secondlife.com/p/Uniform-2353-Flag-B/3360132
https://marketplace.secondlife.com/p/Uniform-2390-Operations/3369511
https://marketplace.secondlife.com/p/Uniform-2373-Operations/3367947
https://marketplace.secondlife.com/p/Uniform-2369-Science/3365376
https://marketplace.secondlife.com/p/Uniform-2353-Operations/3360119
https://marketplace.secondlife.com/p/Uniform-2353-Flag-A/3360126
https://marketplace.secondlife.com/p/Uniform-2373-Demo/3367939
https://marketplace.secondlife.com/p/Uniform-2369-Demo/3365357
https://marketplace.secondlife.com/p/Uniform-Catsuit-Demo/3370696
https://marketplace.secondlife.com/p/Uniform-2353-Demo/3360041
https://marketplace.secondlife.com/p/Uniform-2390-Demo/3369477
https://marketplace.secondlife.com/p/Combadge/3429829
https://marketplace.secondlife.com/p/Constitution-Class-Starship-Bridge/206531
https://marketplace.secondlife.com/p/Type-6-Shuttlecraft/3457381

We have a good faith belief that this material is not authorized by the Rights Owner, its agents or the law.

To the extent that the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (the "DMCA") applies to your service, if at all, we hereby request that you act expeditiously to remove or disable access to the identified material. 

Should you need additional information, please contact me at the telephone number or email listed below.

Nothing in this letter shall be construed as a waiver or relinquishment of any right or remedy possessed by the Rights Owner, or any affiliated party, all of which are expressly reserved.

Sincerely Yours,

Lisa M. Cattan
CBS | Counsel, Intellectual Property
51 West 52nd Street | New York, NY 10019
(212) 975-4264 | lisa.cattan@cbs.com

Chris Ellis Jr.
CBS | Intellectual Property Enforcement Clerk
51 West 52nd Street | New York, NY 10019
(212) 975-8920 | chris.ellis@cbs.com

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51 West 52nd Street
New York, NY 10019

On behalf of Lisa Cattan

October 25, 2012

Dear Mr. Pontchartrain:

Thank you for your response and inquiry. Enclosed for your information is the DMCA notice CBS submitted to Linden Research, Inc. 

CBS Studios Inc. (“CBS”) is successor in interest to various rights of Paramount Pictures Corporation and owner of all rights to the television series STAR TREK and related series (collectively, the “Series”). CBS’ rights in the Series include trademarks, logos, designs and numerous copyrights in videos, images, sounds, sets, props, ships’ names and designs, costumes, the characters, ranks and other original elements appearing therein (collectively, the “Properties”).  In addition, CBS owns all merchandising rights associated with the Series, and as rights owner, CBS is obligated to police and protect its properties against unauthorized users.

Based on our review of your numerous listings on the Second Life Marketplace at https://marketplace.secondlife.com/stores/6116, it appears that you are making a business of creating content for the Second Life virtual game, which incorporates CBS’ valuable intellectual property rights in the content itself and promotion thereof (the “Infringing Products”). A sample list of the Infringing Products is provided below:

https://marketplace.secondlife.com/p/Galileo-Shuttlecraft/3316217
https://marketplace.secondlife.com/p/Elevator-Voyager-Turbolift/206440
https://marketplace.secondlife.com/p/Networked-Replicator-System/206572
https://marketplace.secondlife.com/p/Grid-Wide-Transporter-Voyager/206451
https://marketplace.secondlife.com/p/Elevator-Galaxy-Class-Turbolift/206445
https://marketplace.secondlife.com/p/Galaxy-Class-Bridge-Set/206492
https://marketplace.secondlife.com/p/Galaxy-Class-Holodeck-Shell/206547
https://marketplace.secondlife.com/p/Galaxy-Class-Sickbay-Set/206511
https://marketplace.secondlife.com/p/Galaxy-Class-Engineering-Set/206530
https://marketplace.secondlife.com/p/Destroyed-Starship-Bridge/206528
https://marketplace.secondlife.com/p/Akira-Class-Bridge-Set/2227371
https://marketplace.secondlife.com/p/Voyager-Sickbay/2233889
https://marketplace.secondlife.com/p/Type-70-Form-Type-6-Shuttlecraft/3483066
https://marketplace.secondlife.com/p/Elevator-Classic-Turbolift/2632312
https://marketplace.secondlife.com/p/USS-Pasteur-Bridge-Set/2227392
https://marketplace.secondlife.com/p/Grid-Wide-Transporter-Klingon/2227482
https://marketplace.secondlife.com/p/Voyager-Transporter-Room/3068692
https://marketplace.secondlife.com/p/Comm-Station-Combadge-Free-Addon/1236249
https://marketplace.secondlife.com/p/USS-Sutherland-Bridge-Set/2348363
https://marketplace.secondlife.com/p/Constitution-Class-Holodeck-Shell/3389598
https://marketplace.secondlife.com/p/Elevator-Pegasus-Lift/4097412
https://marketplace.secondlife.com/p/USS-Valkyrie-Bridge-Set/206555
https://marketplace.secondlife.com/p/Galaxy-Class-Astrometrics/2226662
https://marketplace.secondlife.com/p/Romulan-Warbird/206522
https://marketplace.secondlife.com/p/Galaxy-Class-Junior-Officers-Quarters/2229135
https://marketplace.secondlife.com/p/Galaxy-Class-Hallways/206527
https://marketplace.secondlife.com/p/Galaxy-Class-Senior-Officers-Quarters/2229121

Your unauthorized use of these Properties constitutes copyright infringement under the Copyright Act, and counterpart laws around the world, and trademark infringement, false designation of original, misappropriation and unfair competition under the Lanham Act and applicable international laws.
CBS appreciates your interest in and enthusiasm for the Series.  However, we must object to the Infringing Products.  While CBS is entitled to seek damages from you for your prior infringing conduct, should you agree to the following terms, CBS will agree to refrain from seeking damages for Infringing Products sold prior to your notice of our claims:
1.    Immediately cease all creation, distribution, promotion and sales of the Infringing Products and destroy all materials used to create unauthorized copies thereof,
2.    Refrain from advertising, selling and/or posting the Infringing Products in any format on the Second Life Marketplace, and at any other websites or locations where you may be offering and/or selling the Infringing Products; and
3.    Provide a written undertaking that you will refrain from these actions in the future.

We trust that you understand CBS’ concerns regarding the infringement of its rights and that you will cooperate fully with us without the need for further action.

Nothing in this letter shall be construed as a waiver or relinquishment of any right or remedy possessed by CBS Studios Inc., or any affiliated party, all of which are expressly reserved.

Sincerely Yours,

Lisa M. Cattan
CBS | Counsel, Intellectual Property
51 West 52nd Street | New York, NY 10019
(212) 975-4264 | lisa.cattan@cbs.com 

Chris Ellis Jr.
CBS | Intellectual Property Enforcement Clerk
51 West 52nd Street | New York, NY 10019
(212) 975-8920 | chris.ellis@cbs.com