The first step towards protecting your copyright against acts of infringement is to forward a notification of alleged copyright infringement to the service provider, in this case*, Linden Lab. Please note that the notice must be written and sent to their attention via fax or post*.
Abstract: Intellectual property holders have invested significant resources into Second Life in pursuit of customers and virtual market share. 15.8 million residents are available to hear your message. Within this virtual world, however, they have found age old intellectual property problems: counterfeiters with virtual Herman Miller furniture and Rolex watches. Similarly, participants have become residents of Second Life for the opportunity to develop virtual intellectual property. Virtual art galleries, magazines, and bar associations have sprung up. The United States Patent and Trademark Office has granted registration to virtual trademarks created within Second Life.
Bragg v. Linden: Virtual Property Rights Litigation pdf
The parties make a number of claims under theories of fraud, tort, breach of contract, consumer protection statutes and unfair competition law. The Court analyzed the Linden TOS and voided the arbitration provision using language that might be said to support judicial acknowledgement of virtual property rights.
Although the form and content of the notice is included on the Second Life website at the link ‘DMCA’ found in the legal section, I have included relevant portions below.
I. Notice of alleged infringement
Linden Lab will respond to allegations of copyright violations in accordance with the DMCA. Such notices must contain:
- a description of the work you own, that you believe to be infringed;
- information sufficient to identify the in-world item that you claim is infringing your copyright, and its location. For example “The allegedly infringing work I am referring to is located on the map area labeled ‘Freelon 104,30,56).”;
- a sufficient method of contact; a phone number and email address are preferred;
- If possible its optional to include information sufficient to notify the user who posted the content that contains allegedly infringing material, including screenshots or other materials helpful in to identify the works in question;
- the following statement: “I have good faith belief that the use of copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law.”;
- The following statement: “I swear under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner of an exclusive right that is allegedly infringed.” and
- your signature.
The signed, written document must be sent to the designated copyright agent at Linden Research:
Linden Research Inc.
Attn: Designated Copyright Agent
945 Battery Street
San Francisco, CA 94111
The signed written document may also be faxed to: +415 520 9660. Be sure to include a facsimile cover sheet stating: ATTN: DMCA NOTIFICATION. Please note also to retain verification of mailing and fax for your records.
The second step is to send a cease and desist letter to the infringer. Kindly note that in order to draft the letter we require additional information about you and your work.
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