New York (NY) - The first lawsuit between two Second Life users has been filed in New York, over the issue of someone stealing virtual items.

It's the case of Eros v. Simon.  Linda Eros claims that Thomas Simon stole specific computer code to copy products she created and sells in the virtual Second Life world.

It is not as absurd as it may seem at first.  In Second Life, some people literally earn a living by creating items like avatar clothing and accessories and selling them in their own shops.  These items are paid for with real money, as in US dollars.

Eros apparently specializes in creating adult-themed items.  According to her lawsuit, her virtual products "built a reputation within Second Life for performance, quality and value, and ... are among the best selling adult-themed virtual objects within Second Life."

The suit alleges that Simon stole Eros's designs and made knockoff products, causing her sales to fall.  It is a tricky gray area because the wording in US fair trade laws say nothing about cases in which no physical product or service is provided.

The facts of the case are also in question.  According to Simon, Eros gained unauthorized access to his virtual house to gain "evidence", the equivalent of breaking and entering to take evidence from someone's property.  That evidence would not be admissible in court, but there is a question about the degree of illegality in trespassing on someone's virtual estate.

Eros is seeking unspecified damages in the case.

What?

Oct 29, 2007 13:18     

This is ridiculous.
Mayiko report abuse vote down vote up Votes: +0

seriously....

Oct 29, 2007 13:35     

real life has knockoffs of other products. is pepsi going to sue RC cola? such is life, suck it up. they really need to implement a 'common sense' law, honestly...
common sense report abuse vote down vote up Votes: +1

Werid, is it?

Oct 29, 2007 13:44     

I wonder if in some near future, Our lives will be living a "Matrix like" life. Just invent a "Mental interface" so you can be in a kind of coma and you will be living your live mentally. Imagine, since you do not need to do any physical effort, your body will last longer, and every "virtual sickness" you can get, will be fix via patch or anti virus software. It is crazy, but looks like it is heading that way.

Viktor report abuse vote down vote up Votes: +0

A Matter Of Time.

Oct 29, 2007 13:48     

It was only a matter of time before this type of suit was brought upon the courts. What will be interesting is what experts are called upon in court, Software Programmers, Network Techs. Bring on the new generation of Court 3/7
ThreeSevenths report abuse vote down vote up Votes: +0

LOL

Oct 29, 2007 13:49     

LOL LOLLOLLOLLOLLOLLOLLOL OMG N00BS LOLLOLLOLLOLLOLLOL
lol report abuse vote down vote up Votes: +0

Case must be heard in Second Life

Oct 29, 2007 14:04     

Get a real life. 8*)
wpns report abuse vote down vote up Votes: +0

Wow

Oct 29, 2007 14:13     

Breaking new ground here..... Virtual theft, virtual fines....maybe time for a virtual court
Bob Kavanagh report abuse vote down vote up Votes: +0

Better Start Now...

Oct 29, 2007 14:36     

With everything going towards a virtual world more and more, the best way to jumpstart any laws is to bring something new to a court. Lawnmower Man II aint too far off ladies and Gentlemen.
Stephen Lee report abuse vote down vote up Votes: +0

Just get a real life.

Oct 29, 2007 15:10     

Problem solved.
T report abuse vote down vote up Votes: +0

HAHAHAHA. OH, WOW....

Oct 29, 2007 16:01     

HAHAHAHA. OH, WOW.
Anonymous report abuse vote down vote up Votes: +0

This is going to be VERY interesting

Oct 29, 2007 17:14     

I long to see if this even makes it to a court of law, and if so, whether it is a jury trial or just a judges decision being final. I actually hope that this makes it to trial, as if a person makes a living from doing something that is not illegal in nature, it should be an illegal act to create a "knock-off" of it, when that ill created product causes income loss for the original creator. I mean "knock-offs" of real products like clothing and shoes and things is a suable offense, so this too should be.

Onoitsu2 report abuse vote down vote up Votes: +0

lmfao

Oct 29, 2007 17:47     

ok.. granted its Second Life and you use real currency. but its also a game. If the person did nothing against the game rules, she should just accept it.. MOST likely the person did nothing against game rules, and she got pissed because she got competition in a game, she cant handle that and shouldnt be playing online games.. and who cares if she loose real profits? its her own fault..
gamer report abuse vote down vote up Votes: +0

This is just too funny!

Oct 29, 2007 18:02     

Regardless of the legal standings of any of the claims, this news reads like a great piece of comedy.
[TR] report abuse vote down vote up Votes: +0

what losers...

Oct 29, 2007 18:55     

what losers
fag report abuse vote down vote up Votes: +0

WHAT?

Oct 29, 2007 18:58     

Honestly, this is probably the funniest thing I have read in a long time. Maybe I am just out of the loop, but I had no idea people actually made a living selling virtual products. http://theclarkzone.justfree.com
Mike report abuse vote down vote up Votes: +0

This ammuses me to no end....

Oct 29, 2007 19:42     

This ammuses me to no end.
Mayor Adam West report abuse vote down vote up Votes: +0

Go to bed, kid

Oct 29, 2007 20:29     

To gamer A) It is NOT a game. A game has a goal such as a score or level to reach. It is a virtual world where you spend real money and you can make real money. If someone steals from you and causes you monetary damages it does not matter where it takes place. A credit card is not real cash. If I steal one does that make it less of a crime than stealing real cash? I don't know if she has a real case or not but grow up a little and don't be so ignorant. B)It is POSITIVELY against the End User Agreement to steal from another person inworld. But, hey, you're all of what... 16 years old? You still know everything, right? ;)

Grampa Munster report abuse vote down vote up Votes: +0

LOL

Oct 29, 2007 20:44     

When I read the title of the article I died laughing because it's just virtual reality not real life so they need a virtual court to settle this. Granted they get money in real dollars but still why drag this into real courts when they not equipped to handle this? Darkk
Darkk report abuse vote down vote up Votes: +0

IMHO

Oct 29, 2007 20:45     

The creators of second life should have their own laws and their own courts as this is an internal matter. They have created a virtual life, why not have virtual laws. This shouldn't burdon our already over burdoned courts.
blessman report abuse vote down vote up Votes: +0

Take it to second life court!

Oct 29, 2007 21:15     

Hey, if they can create, buy & sell merchandise, meet & interact with people, & do most things people in "real" life can do, then it would appear they need their own online judicial system. Perhaps Judge Judy would like a new gig. Be good or be banned.
rebturtle report abuse vote down vote up Votes: +0

Nothing stupid here...

Oct 29, 2007 21:40     

This is the kind of stuff thats going to become common place in a matter of years. it may seem silly now - but as MMOs and Second Life style games become more involved, and less 'click, shoot, cast spell, win, yay' people will be spending real invested time, and not just leisure time (ok, more of the public, i know a few people who are already like this) games, or virtual worlds are going to become just another place we go during our busy lives.

Andrew report abuse vote down vote up Votes: +0

Theft is theft AND Pepsi is SO different from RC.

Oct 29, 2007 22:41     

I think everyone should hide their belongings from the other posters here that can't see that stealing is wrong. This is why patent laws exist, to protect creators from others stealing their work. Pepsi does have a patented formula, as does RC, that cannot be copied legally. If you don't believe me, then break in to steal one and see what happens. What is interesting, however, is that patent laws do not currently cover virtual code such as that. At the same time, other creative individuals should be allowed to independently create similar code, otherwise she will have a monopoly. I think this is a worthwhile discussion, not one to be derided and ridiculed. US jurisdiction has already set the precedent by extending anti-gambling laws into Second Life. So why not this, as money is also involved.

Diego report abuse vote down vote up Votes: +0

Developer should police

Oct 29, 2007 22:53     

I agree that the game makers should be more proactive about keeping users in line with their policies. Even Blizzard regularly responds to user complaints and bans those that are overly offensive. However, it would be interesting to see as our definition of "livelihood" changes whether laws will also change to reflect that.
Diego report abuse vote down vote up Votes: +0

It's a game. If you're earning a living in games, ...

Oct 30, 2007 00:33     

It's a game. If you're earning a living in games, go find another one or get a real job.
Tom report abuse vote down vote up Votes: +0

Mandatory Binding Arbitration.

Oct 30, 2007 01:55     

The Second Life TOS should require binding arbitration. This would solve many problems.
RalfTheDog report abuse vote down vote up Votes: +0

Second life?

Oct 30, 2007 02:42     

Games, for many people, were a sort of "second life". In games, rules of "firts life" may be ignored, modified, suspended... like in dreams, but in a collaborative way with other players. But it seem there are people just ignoring this, and fighting to apply "first life" rules in the "second life"... like soccer or rugby or basket or F1 wich are now money machines more than games. If this appens to second life too, who will still need a "second life" to find relief from the first one?

dog report abuse vote down vote up Votes: +0

Yeahh... There is nothing supid here..

Oct 30, 2007 03:33     

its just like an architect grand design. you cant just stole it. and make it your own. he/she spent a lot of resources and time for it.
Raziel report abuse vote down vote up Votes: +0

Last Night I kiled Someone!!!!

Oct 30, 2007 04:10     

OMG. I Played Crysis demo last night and had to kill a group of Koreans. Should i go to the police and report it??? Will i go to Jail ??? O My God I WAS JUST FOLLOWING ORDERS !!! please spare me .. Get Real People!!!!
BillyTsik report abuse vote down vote up Votes: +0

It is software !!

Oct 30, 2007 05:35     

So if you create software (which is the same in RL and SL) for a living then you would like to get some money out of your work. If someone is coming by and copying your code you go to Court. So easy. So where is the difference between RL and SL ?? (isn't any software somehow virtual ?) TJ Ay on the Islands KREISS and EBERSBERG in Second Life.
TJ Ay report abuse vote down vote up Votes: +0

Virtual Crime

Oct 30, 2007 05:39     

will be virtually punished in Virtual Jail
anon report abuse vote down vote up Votes: +0

Business is business, real and virtual

Oct 30, 2007 06:10     

@It's a game. If you're earning a living in games, go find another one or get a real job. I made 7k USD last month playing the 'game' and that was for maybe 20 hours worth of 'work' - find me a real job that pays that. The internet is changing the face of businesses everywher and soon the laws are going to change to keep up with it.
Making a living report abuse vote down vote up Votes: +0

Pretty straight forward

Oct 30, 2007 06:39     

It's an intellectual property case plain and simple. Nothing second life about it. Don't know what this author was talking about. Nothing new here except the author of this article sensationalizing a simple copyright infringment lawsuit.
Eric report abuse vote down vote up Votes: +0

Doesnt this sound like the MPAA and the RIAA

Oct 30, 2007 06:52     

its all computer code. but yet the laws apply there also? when someone downloads and mp3 or a video there is no physical property changing hands there either. just computer code. but its still illegal. It will be interesting to see the outcome of this.
John report abuse vote down vote up Votes: +0

If one law applies...

Oct 30, 2007 06:58     

Then other laws must too. So next time someone shoots me in Team Fortress 2, I'll sue them.
Buu report abuse vote down vote up Votes: +0

Virtual Lawyer?

Oct 30, 2007 07:27     

I wonder if there are any virtual lawyers that would handle her case in a virtual court? It would be a odd case - to say the least - in a real world court. It would set a precedent.
TomLeeM/BigWarpGuy report abuse vote down vote up Votes: +0

Job

Oct 30, 2007 07:30     

Sweet, I can't find a job in real life...Im going to start looking in the Second Life classifieds for some openings.
Hazan from Iran report abuse vote down vote up Votes: +0

Yes, it is a game...

Oct 30, 2007 08:33     

Just because people make money off of it does not make it any less of a game. Is football not a game because of the NFL? How about poker? And just because it doesn't have the 'kill-all-enemies-and-the-round-ends' aspect doesn't mean it's not a game either. A lack of defined goals is just what makes it appealing to a broader audience. You decide what you want to accomplish. I suppose if they can prove monetary damages then this might go somewhere. I agree with some here, though, that the game administrators should handle this. If they find that there indeed was a virtual crime, they should probably ban the offender.

Schrag4 report abuse vote down vote up Votes: +0

This is stupid

Oct 30, 2007 08:58     

A waste of my tax dollars.
Richard report abuse vote down vote up Votes: +0

virtual justice?

Oct 30, 2007 18:35     

Will this be tried in a virtual court?
Bob report abuse vote down vote up Votes: +0

pathetic

Oct 30, 2007 22:54     

Wow this is incredibly pathetic. Those two people should get do something constructive for a living rather than bitching about shit. Then again this is probably going to be very amusing to see what happens.
and1 report abuse vote down vote up Votes: +0

good luck to the *real* judge

Nov 01, 2007 04:51     

my respects go out to the *real* judge who will be forced to sit in a *real* courtroom and keep a straight face while listening to the *virtual* crimes. just put a game-moderater in charge, have them ban/unban or whatever these guys do, and let the *real* judge go back to *real* cases in the *real* world
Mr C report abuse vote down vote up Votes: +0

Maybe this will help you nearsighted people...

Nov 01, 2007 09:00     

Let's break this down to simple terms for those of you that cannot yet wrap your brains around this. If I open MS Paint and create a picture is it my intellectual material? Yes. If I plug my guitar and mic into my sound card and record a song digitally does that mean it is not my intellectual material? Yes. If I create a 3D object in a virtual world via my computer does that mean it is not my intellectual material? YES! Did the light bulb go off yet? If someone makes something, I don't give a crap if it is a paper airplane design, and someone else steals it it is theft.

Grampa Munster report abuse vote down vote up Votes: +0

Rules just like any other online game..

Nov 01, 2007 13:21     

Most game companies usually claim ownership of all items created/traded in their world. When there is a dispute over ownership of items the game company handles that. This lawsuit is ridiculous and I hope the judge laughs them out of court. The Second Life makers need to step up for this one and handle it themselves.
HAZ report abuse vote down vote up Votes: +0

Re: Rules just like any other game...

Nov 01, 2007 17:59     

Second Life isn't just any other game. The rules are not the same. The game was specifically designed so that people could create original works and make money in the game. I think Grampa Munster put it best with his examples. The person suing created an original work, just like a painting, drawing, or sculpture. It's in a computer you say? So is the music that woman downloaded and shared and she got fined ridiculous amounts of money. Who wins the suit will depend on the evidence and the judge or jury. There is enough information however to at least call it a valid case.

Task report abuse vote down vote up Votes: +0

A little advice...

Nov 02, 2007 07:22     

Why don't most of you try to be a little more open minded huh? I don't play these games, but by no means do I sit here and bash those who play them. And so what if she was making a living off of it? I say good for her, it's called entrepreneurship.
Avian D. report abuse vote down vote up Votes: +0

We need a Judge GlaDOS for these situations

Nov 02, 2007 15:34     

This was a triumph, I'm making a note here: huge success! It's hard to overstate my satisfaction. Blah blah blah, blame it on global warming.
Taylor S. report abuse vote down vote up Votes: +0

Re: Last Night I kiled Someone!!!!

Nov 02, 2007 17:52     

LMAO Dude you are too funny, but watch out for some Korean retaliation...huk huk
Too Funny report abuse vote down vote up Votes: +0

This is actually very interesting.

Nov 04, 2007 10:57     

I am highly curious to see what legal direction this takes. If there is no copyright then she is probably going to be SOL, however it would not terribly surprise me if she did get a copyright. I tried out Second life for a couple of days after seeing it pop up in the news every once in a while. Not my cup of tea, but if the REAL USA is a consumer culture, we don't have anything on Second Life. The percentage of that real estate dedicated to commerce and marketing is truly absurd. It is also very crowded and full of stuff. A katamari would get very large in that world... Tangent aside, this case, believe it or not, could very well have an effect on a lot of how things progress in the near future. There have already been rumors of the government taxing virtual earnings in MMOs due to the fact that they do have a demonstrable exchange rate.

infornography report abuse vote down vote up Votes: +0

No one noticed the important fact

Nov 06, 2007 18:04     

Did no one notice that THIS was in the article?! Eros apparently specializes in creating adult-themed items. According to her lawsuit, her virtual products "built a reputation within Second Life for ((((performance, quality and value)))), and ... are among the best selling adult-themed virtual objects within Second Life." This bothers no one?! What does that even mean? they are virtual, fake, not real, as in none of those can technically apply.

Miguel report abuse vote down vote up Votes: +0

hehe

Nov 13, 2007 00:16     

Yes, they should make a second life courtroom and hire a judge and lawyers to do a virtual lawsuit. Retarded.
Shaun report abuse vote down vote up Votes: +0

It would be intellectual property imo

Nov 13, 2007 02:01     

If the actions of an individual cost another person money, then they are entitled their time in court. The game really has little to do with this article.
scott report abuse vote down vote up Votes: +0

Nah just no.

Nov 21, 2007 21:43     

You can't put laws on virtual 'items'. They are 0's and 1's.. End-users of a game don't have any rights to those bits and bytes. End of story.
Chris report abuse vote down vote up Votes: +0