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Showing posts with label virtual environments. Show all posts
Showing posts with label virtual environments. Show all posts

Thursday, May 07, 2009

Protecting your work

Let's start by talking copyright for a few minutes. From your blog to your virtual-environment creations you, the creator, have rights. You have the right to profit from your work (or the right to choose not to profit from it, if you like). Those rights are nothing without protection.

In almost every part of the world, while copyright laws disagree on some of the details, copyright is automatic when you create your work. The USA will require you to register your copyright before filing any infringement lawsuit, but short of a lawsuit you get some protections up-front.

Something to note, however, copyright does not apply to names, titles, ideas, slogans or short phrases. You should look into trademarks and patents for that. It also doesn't apply to Internet domain names, and you should refer to ICANN for those. From 1990, you're able to also copyright architecture, however, which is nice.

To defend your copyright, you should ensure there's a verifiable record of the date. Blogs mostly do that automatically, Second Life's content upload systems track the date as well, and publishers always include print and copyright dates.

Publication of a work isn't necessary to gain protection. Copyright vests in you the moment you create it, even if you never show it to anyone.

If there doesn't seem to be any other clear means, you can always try the "Poor Man's Proof" system, and send a copy to yourself by registered mail, then leave it unopened in your files in case you should ever need to prove the creation date. Registering your work through your national copyright organization is generally preferable to that, but isn't available in every country.

Most of us will never actually need to present that sort of proof in our lifetimes, thankfully.

Copyright basically grants the creator the sole rights to copy the work, or create derived works, or to grant others permission to do so, but for a limited amount of time only. Copyright can be bought and sold, licensed, given freely or inherited. As a creator you can choose to profit from your work, or to allow others to do so, to give out your work freely, or allow others to distribute or use your work under any lawful conditions you wish. When your copyright eventually expires, the work becomes 'public domain', and may be used by anyone, at any time, for any lawful purpose.

'Fair use' (or 'fair dealing') constitute a set of exemptions where people can have limited rights to your work without requiring your permission or license. Exactly what those exemptions are varies from country to country, and they're a bit involved to go into here, but you should be aware of them.

In Second Life, you should always pay particular attention to Next Owner Permissions, and you should take especial care to set them appropriately.

The three provided permissions are Modify, Copy and Transfer.

When an item is given or sold to any other person, those permissions will be in effect.

Modify allows the new owner to alter the item.

Copy allows the user to make as many copies of the item as they please.

Transfer allows the item to be given away or resold, at their option.

The system isn't perfect, and you should consider carefully what permissions you should set on an item.

Some combinations are useless for some kinds of items. A notecard, for example, cannot be read if it has neither Modify nor Copy permissions. A texture with Modify+Copy+Transfer permissions can be downloaded to your hard-drive.

Having Modify, Copy and Transfer permissions all set (known as 'full perms') is essentially the technical equivalent of making your Second Life creation public domain. Functionally you're surrendering all control over it once you've given a copy to someone else -- unless you have arranged some licensing or other contractual arrangement with them. This sort of thing needs to be watched very carefully, because the genie is damn hard to put back into the bottle.

Likewise you should watch out with Copy+Transfer -- people may not be able to modify the object, but a popular item can be in half of the user inventories in Second Life before the week is out.

Unfortunately, certain businesses (texture wholesalers, for example) need to use both these permissions at times as a part of the content that they sell. That's why they always sell them with conditions, and a license describing the usage they are allowing. As a responsible user, you should always pay attention to those usage licenses -- almost everyone will freely disclose the terms before they sell so you know what you're getting, and what your limitations will be. If someone breaks a license though, a seller can lose all their business. Genies and bottles.

Mixing assets with different permissions into a single item can generate confusing circumstances. Creators need to watch out that everything is set as it should be. Boy Lane's Cool Viewer has a bulk permissions editor (which is being folded into the official Second Life viewer as of 1.23), which helps simplify things a lot. However, due to the nature of communications between Second Life viewers and Second Life servers, it is possible that it may not work perfectly at times (just like when you texture an object and sometimes not every face gets updated with the new texture).

A proposed feature, VWR-8049, is intended to allow advanced content creators to set permissions-masks (as is done with files on computers) to set the permissions the creator wants to have at the time the asset is created, reducing some of the fiddly workload involved. Assuming it is properly and thoughtfully implemented and tested.

Know your rights, exercise them with care and judgement, and respect the rights of others. Those are the keys to protecting your works, online and offline. The system works best when the majority participate willingly, whether they are creators or consumers.

Tuesday, May 05, 2009

Poll: Adult content - Both sides of the question

Alright, as you're probably aware, there's a JIRA issue (MISC-2727) asking Linden Lab to halt all of the plans, policies and changes coming for Adult Content in the coming months. That's gotten a whole lot of votes.



What I'm more interested in though is the spread of reactions from as many Second Life users as possible. Not just against the policy, but also for it and those who are simply uncaring. Doesn't it make a whole lot more sense that we try to have as much data as possible, rather than just clustering together with those that agree with our position?



To that end, I've put together a poll.





Tell your friends (heck, tell your enemies, even - assuming you have any) and spread it around (but please don't spam, because that's plain inconsiderate). It would be nice to get some representative figures from both sides of the argument -- and so far, only Linden Lab has anything like those numbers. Do you like the scheme? Do you hate it? Are you somewhere in between and see problems with it?



The poll (courtesy of Vizu) is anonymous, and frankly I don't care which individuals think what about the policy (so if you really don't want to leave a comment, that's okay). This is more about aggregate numbers and percentages anyway. But it won't be representative without your support. The poll closes May 12, 2009 12:00 am PT. Then we can look at the results and decide what it all might mean.

Monday, May 04, 2009

Can an avatar sign a contract?

Short version: no. Slightly longer version: Don't be silly, of course not.

Let's start with what signing a contract actually means. Signing a contract means that you, in your capacity as a legal entity, are capable of understanding the contract, are making an intentional choice and have agreed to abide by the terms of the contract and any obligations or protections that it specifies.

In Second Life an avatar is actually only a placeholder representation of two rather more subtle concepts. All in all, there's an account, an agent, and an avatar. The avatar is the bit that you actually see. The agent is the bit that moves, talks and takes actions. The account mediates permissions.

You log into your account, your agent is placed at a location in-world, and your avatar is drawn in the vicinity of your agent. Usually the agent is an invisible point near your avatar's crotch, but the avatar can be drawn up to ten metres away from the agent.

When you choose to take an action the account is tested to see if the action is permissible, the action is then performed through the agent, and lastly there may be some side-effects on the avatar to represent visually what action is taking place.

None of these three items is a legal entity. None of them are capable of understanding the contract. None of them are able to make an intentional choice.

Anne Loucks made a device so that her cat could make the necessary key-press to click through EULAs (End User License Agreements). Did the cat agree? No. Did Ms Loucks agree? Yes.

Let's compare this with a more practical example away from the keyboard. I am handed a contract. I pull out my pen and sign it. Did my pen agree to the contract, leaving me free of obligation? No. The pen is an instrument (a proxy, if you will) with which I am causing agreement to be signified. The pen can't agree to a contract, so I must have to have done so.

I can't reasonably claim the pen is a party to the contract. Ms Loucks cannot reasonably claim that the cat is either, as she engineered the means by which agreement was given. Likewise, an avatar can't be a party to a contract any more than a pen, a cat, a sock-puppet or a houseplant.

Any reasonable court would immediately identify me, Ms Loucks or the user of an avatar as the responsible party -- because there is no other party that could be.

Now I'm going to say something just a little shocking. You aren't your avatar. Let's pause a moment for the obligatory, involuntary gasp of horror and perplexity.

Your avatar is a digital creation that shadows your actions within a virtual environment and visually represents them. Those visual representations aren't even entirely under your control. Assorted bits of software cause the avatar to do some things that are independent of your actions too.

Your avatar can't agree with anything. Walk away from the keyboard and come back when your avatar agrees with something. Better yet, read the rest of this blog, or maybe the comics. Because you'll have a whole lot of time to kill. Your avatar can't think or act or understand or agree. You are the one who does all of that.

Now, does that mean that Tateru Nino can't agree to a contract? No. Because that's me, and I'm a legal entity and all that. Tateru Nino is a nom de plume which is also attached to my account, agent and avatar. I can (and do) sign contracts with that name. It goes on my tax forms. Did Reginald Dwight sign his contracts as Elton John or as Reginald Dwight? (Answer: as Elton John).

It is legal to do in most jurisdictions, so long as you demonstrably have "no intent to deceive". If you're using an alternative name to avoid your obligations, then that's pretty much going to add fraud to any penalties for breach-of-contract.

How is it that Tateru Nino can agree to a contract (in Second Life or not), but the Tateru Nino avatar cannot? Because I'm not my avatar either. It's my faithful, and tastefully-dressed servant. My sock-puppet of digital pixels.

And sock-puppets can't agree to contracts either.

Thursday, April 30, 2009

New comic: Age-verification

A new comic is live for your enjoyment. This time, the topic is age-verification.

Wednesday, April 29, 2009

Mixed interests - balancing acts in Second Life coverage

One of the tricky things about reporting on Second Life is the issue of what stuff to cover. Hey, how tricky can it be? You just write about what people are interested in, right?

Yeah, you'd think so.

What people are interested in, though, isn't necessarily what you might think people are interested in.

If a user or organization is doing something super-awesome in-world, the odds are that the Second Life readers will mostly pass it over. Human interest stories and similar all get minimal attention. Okay, except for the occasional 'Why the hell are you even covering this stuff anyway?'

Hirings/departures at Linden Lab? Now that generates some interest. Other Linden Lab doings and policy changes even more so, and speculations about which way the Lab is going to jump next are right up there.

Top of the heap - the really grabby stuff? New release candidates.

...

I know, right?

My essential hypothesis sort of works like this... Viewers and stuff about Linden Lab and their staff-lineup and policies affects everyone in Second Life, directly or indirectly. Stuff that people are doing in-world though will axiomatically only have appeal to a subset of people.

Live music, and audio/voice events for example - that only appeals to a portion of the people I know. Likewise not everyone I know is a gamer, or necessarily interested in recreational activities. Not everyone is keen on shopping or networking.

Different interests, different foci, and that subdivides the community right there.

But if you stand anywhere in Second Life long enough, a discussion will start up about the Lab, or some particular Linden, or about some new policy or some enforcement action in-world (gone right or wrong). Talking about Linden Lab seems to be the favourite pastime of the majority of Second Life users, and there's an astonishing amount of misinformation going around.

Just yesterday I walked into an argument where a bunch of people believed that all non-G-rated content was being banished from the grid next week. Earlier that morning, someone was telling me how Linden Lab was merging Teen Second Life with adult Second Life today. Simple misunderstandings and misinterpretations run through communities like wildfire and feed on themselves. Sometimes people just spread tales to laugh at how far they will go.

Still, the Lab and its doings remain among the most popular talking points with users in-world, and that's something that's hard to ignore.

Bordering on an obsession

I'm wondering what it says about a lot of writers that they can't seem to venture near a social or non-game virtual environment without spending paragraphs talking about genitalia and sex, and trying to figure out how avatars have sex, even in virtual environments that are, essentially, G-rated and technically have none.

Oh, sure. A lot of folks are interested in that sort of thing, but the propensity with which I've seen it crop up in newspaper columns and in particular in some games-writers columns, it seems to be bordering on the obsessive.

A whole host of games-writers, particularly, don't seem to be able to look at a non-human (alien, robot or anthropomorphic) avatar without immediately focusing on sex. A few writers seem to suffer some severe cognitive disconnect, where non-human avatars and a non-sexual environment are somehow completely inconceivable and nonsensical -- a combination that they can neither grasp nor comprehend.

Some newspaper columns outline the writer's visit to strip clubs in Second Life, within minutes of registration, and give no sign that the writer went anywhere other than locations focusing on sex.

Sadly, at the end, they generally conclude about the virtual environment, "I don't get it."

Maybe what they really meant was "I didn't get any",  because based on their descriptions and reported conversations, that outcome seems a whole lot more likely.

Saturday, April 18, 2009

Breaking a habit: No more RL for me

I've been thinking about it for years. The whole RL (Real Life) thing is blitheringly daft. Your life is your life whether your computer is switched on or not. You don't suddenly tell someone that you're on the phone with ("Telephone Life"? No way!) that you've got to go do something in Real Life. Well, except by force of habit.

Well, this is a habit I'm going to try to break. Being online is my job, and a large part of my play. It's where I earn my living. I pay my bills online. I prepare and pay my taxes online.

No more RL for me. Just AFK. AFK is the part of my life when I'm not at the keyboard (and coincidentally, not actually earning money or working at my jobs), but AFK makes more sense overall.

Beta-ing

Another week another beta. This time for [can't say because of the NDA]. On the plus side it looks interesting. Whether it holds my attention once I start fiddling with [the other beta I'm supposed to be accessing over the weekend, but can't mention because of the NDA].

On the plus side, there's a lot of exciting stuff in beta at the moment, and I'm more or less looking forward to the release of all of them. On the downside, the restrictions about even mentioning them on my own blog are a bit of a pest.

Sure, the restrictions make sense. Some of this stuff is still pretty shaky in some ways, and they deserve a chance to get that hammered out and polished smooth before release. But still. It'd be nice to say that I'm interested and a bit excited about them, right?

Not being able to mention them puts tedious holes in the social media stream.

Thursday, April 16, 2009

New comic - Dissonance

You'll find a new comic in the archive, though perhaps it is more of an observation. Dissonance. I find it amusing anyway, insofar as dichotomies tickle my fancy.

Wednesday, April 15, 2009

Bettina's Blue Mars

There's been all sorts of scraps of information floating around about Blue Mars, lately - a virtual environment that (for a change) does hold some interest for Second Life users. Bettina Tizzy over at NPIRL has a more concentrated chunk of information in one place than you're likely to find in a day.


Blue Mars has some interesting things going for it, but its very model may prove to present some unexpected barriers.

Monday, April 13, 2009

Land of the weak, home of the broken

Ari Blackthorne carries a post by a commentator called Charles, titled Second Life: Land of the WEAK home of the BROKEN. Now, Ari doesn't necessarily agree with all of it, and I must admit that there's very little in it that resembles anything that I experience in Second Life myself.

For those of you who also spend substantial lengths of time in SL, does any of it ring true for you?