Tuesday, October 21, 2008

Court Ruling in Runescape Case


Last week I blogged a little newsbite from the Netherlands, where the case of theft of virtual goods was laid before the court in Leeuwarden, the Netherlands. As expected, the court has reached a virdict and has sentenced two boys to conditional detention and civil services because of the virtual theft from the game Runescape.

On September 6 last year the boys from Leeuwarden, at the time both 14 years old, forced a thirteen-year-old victim to hand over virtual goods, a mask and an amulet, and to transfer the items to their account. The thirteen year old had collected a large amount of credits with which artifacts could be purchased. The boys forced him to a house and there he was kicked and threatened with a knife, until he transferred the goods and credits..

Community Service

The lawyers argued during the meeting that virtual goods do not really exist, and transferring it does not conflict with the rules of the game, but the court thought otherwise. The court charged one boy with 160 hours community service and 1 month of conditional youth detention, where the second received a sentence of 200 hours of community service and two months probation. a month conditional jeugddetentie, the other 200 hours of labor and two months conditional detention. The prosecution had demanded 180 hours of service and 1 month detention with a 2 year probation.

Important precedent

Christiaan Alberdingk Thijm of SOLV Lawyers considers it an important ruling. He had been convinced that virtual theft should be punishable prior to the lawsuit. "It is a confirmation of standards which we find perfectly normal in the physical world, but still had no legal framework in the virtual world . Of course the use of physical violence played an important part in the ruling, as well as the fact that both boys showed no repentance. " Alberdingk Thijm expects the verdict will have a broad impact. In the past it has already been determined that electricity is a good, but not software. Virtual furniture are now in any case under the definition of a good, hence can be prosecuted under normal civil law and also concepts like fencing, computer misuse and destruction may be applied to virtual worlds or games.


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Wednesday, October 15, 2008

Will Dutch Court prosecute virtual theft?

Dutch prosecutors have demanded 180 hours of community service and conditional youth detention with a 2 year probation in case of theft of virtual goods in Runescape. This is the first time a Dutch Judge will have to say something on the value of virtual goods.

The suspects, two boys aged 14 and 15 alledgedly forced a 13 year old to transfer virtual items to their account in september 2007. Aside from physical abuse, the main issue in this case will be to judge wether or not virtual items can be considered goods which can be stolen and this can be considered a crime. If these goods have value to the owner, and he can no longer use them, then by traditional law this is judged theft. We'll have to see if this classifies in the same way.

It's not the first time a Virtual World makes it to Dutch court, last year a Dutchmen was apprehended for stealing furniture from Habbo hotel worth 4.000 Euro. By hacking accounts the Dutchmen could transfer these objects. Because Habbo Credits were bought with real money, the man was charged with hacking and theft. Uptill now, no conviction followed though.

The judge is expected to make a ruling in the Runescape case next week.

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Saturday, March 29, 2008

exitSL Avastar Recap

The new Linden Lab Trademark policies have caused a row amongst bloggers and citizens of Second Life. Allthough the actual legal impact may not be as big as feared at first sight, it still is a fuzz and the manner in which in was announced has certainly caused havoc. The exitSL logo I created to express my 'frustration' made it to this weeks' Avastar (Issue # 67).

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Wednesday, March 26, 2008

inSL Program - exitSL Fun

Logging into Second Life yesterday, a new ToS (Terms of Service) was pushed. As usual, you hardly read these things and click 'accept', but this one is tricky. Especially for bloggers.

The thing is... they've started being picky about the use of the Second Life(TM) logo. On monday the 24th, Linden Lab opened the all new Brand Center;


"With the Brand Center, we’re also launching the inSL Logo Program, which provides a new community logo for Second Life Residents. Display the inSL logo to show you and your brands are a part of the Second Life community. This logo may be used on your website, business card, promotional materials, product packaging, and in many other places where you may wish to promote your contributions to the Second Life world. When using the logo, be sure to follow the Guidelines for Using the inSL Logo."

Be sure to comply, and change your blog. You've got 90 days;


"If, after reading the Trademark Guidelines, you realize you’re using a Linden Lab trademark incorrectly, please use the next 90 days to change your use to comply with the Guidelines. For more information, see our FAQ. Signing up for the inSL Logo program is fast and simple."

Signing up for the inSL Logo program might be fast and simple, changing years of blogging is not, and, what does it actually mean to you and me? As James Wagner Au describes it at New World Notes:

The Lindens have announced a 90 day amnesty for third party sites and individual users which incorporate the company's eye-in-hand logo or the Second Life/Linden Lab name into its material. Extensive FAQ here. An SL bloggers group has an extended conversation here, and offhand, I tend to agree with Kanomi Pikajuna, who says, "A company as dependent as Linden is on the goodwill and contributions of their community cannot possibly be stupid enough as to harass their fans for failing to put a TM after their company name. My guess is these guidelines are there to give them protection and cause to go after bogus currency exchange web sites and other profiteers."


Unsurprisingly, the new policy has caused some ripples of anxiety, particularly among longtime Residents who've enjoyed five years without this being much of an issue. (Especially as it'll apparently impact sites that have long included variations of "second life" in its URL.) Jennyfur Peregrine, for example, who co-launched the annual Second Life Community Convention with the Lindens' blessing in 2005, says, "I know that we are not alone in our contempt for this new decision."


One resident, Rheta Shan, has gone to extremes though in cynically replacing every mentioning of Second Life in her blog to You-Know-Where.




Another way is to replace the old Second Life(TM) logo with the logo of a Dutch shoe manufacturer, called Teva, which basically is the hand...

What happens if I don't agree with this new stuff? I'm going to get kicked out of Second Life (TM). The thing is. I'm a paying resident. I agreed to the terms of service at the time I registered, and when I renewed my subscription. I'm actively considering to not renew my subscription and follow the EXITSL strategy as Linden Lab isn't doing much to keep the fun alive, nor to improve on business usage of the Grid.

PS - there's absolutely no Trademark or Copyright on the EXITSL logo. Use freely.

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Tuesday, February 19, 2008

BannerBingo: Breakthrough in Internet Marketing

Don't you get annoyed with all the banners poppin up all over the web when you're trying to find some information? Marketing departments really have explored every corner of the web to put up their ads and you'll hardly find a site that isn't bannerized...

Usually I don't pay too much attention to banners. Usually they're not inline with the things I need when I see them, so there's hardly a banner I actually click to see what's behind it. Today I got triggered though and started thinking about internet marketing.

Today I registered the domains http://www.bannerbingo.eu/ and http://www.bannerbingo.nl/ for a new experiment. What usually happens when you've got a great idea is that you go through great lengths in detailed description of your idea / invention and try to trademark it or register the formula to protect your intellectual property, spending tons of hard earned money only to find out the idea has been submitted long before you saw the light. This usually dawns when you've already put in months of effort to find a producer or buyer for the concept.

It happened to me a number of times, so I won't go through the hassle again. I just decided to blog it. Let the date of my domain registration and blog be proof of the date of conception and formula. Truth be told, I just thought of the idea and name today, but the domain www.bannerbingo.com has been registered in august 07, but as of now, there's no site there yet and a quick scan has revealed no idea similar to this one.

What BannerBingo is about is that a company advertises all across the web, trying to get in touch with as much customers as possible -pretty much based upon IP adresses and ISP selection. As a customer I occasionally come across one of the many banners of corporation X and don't pay attention. In BannerBingo you register as a customer and collect BannerPoints. Let's say each banner you come across will get you 5% discount. If you surf across the web and find 5 of these banners by the same company, you'll earn yourself a 25% discount. (amount of banners and percentages subject to change off course)

The basic idea is that when you encounter more than one of the company's banners they know are succesfull in targeting their intended audience / a certain profile and the audience is challenged to click the banner to earn discount. Let's make advertising a game ;)

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