Second Life Mesh Uploads to Require User Payment Information to Prevent IP Rights Infringements

When mesh models arrive to Second Life this August, they'll come with an interesting requirement, when being uploaded to the world: According to this Linden Lab document that Tateru Nino just blogged, "[i]n order to prevent usage of [unauthorized] intellectual property with the mesh upload tool", the Second Life servers will check that the user has verified payment info on file with the company, then require them to complete a tutorial. (One that presumably explains the IP rights of 3D files.) "If [Linden] Lab determines user is in violation of IP mesh upload terms, user can be indefinitely flagged" as unable to upload mesh.

That's a very interesting means of preventing IP rights infringement, though I foresee at least two possible problems:

• Most Second Life content creators don't legally register their digital content with the US government.
• 3D files often have a dubious or ambiguous IP rights provenance. For example, when Linden Lab announced that mesh was coming back in 2009, the company's own demo included a sculpture of the Incredible Hulk. When NWN readers pointed out that this could be an IP rights infringement on Linden Lab's part, a staffer said the Hulk model was legally purchased from a 3D mesh store online. However, it isn't clear (at least to me) if the original creator cleared that creation with Marvel Comics, Universal Pictures, etc. etc.

I'm probably missing some subtleties -- 3D mesh makers, please feel free to upload your own insights on mesh uploads here.

Comments

[Adeon Writer]

This should also do well to lessen content theft within SL - Most use throw-away accounts to duplicate content. I doubt as many will be willing to play that game with their creditcard on the line.

[Vecky Burdam]

I remember an incident where LL seized accounts for some hours and deleted everything from the inventory (for example) named "Marilyn Monroe" and even stuff just named "Marilyn" in order to fight 'copyright infringements' ...
They are basically just futzing around aimlessly when it comes to this issue, so its just to cover their ass. And one day they will delete everything named "Hulk" when Marvel threatens with a law suit.
So upload whatever you want, just don't name it "Marilyn".

[Danielle]

Registration with the government is not a requirement per se. Copyright is inherent at the moment you create something new. What registration does is provide proof of when something was made and who made it, and in the US, allows collection of statutory in addition to actual damages. Statutory damages can be much higher (as in three extra zeros).

Linden Lab, by the way, fails to qualify for the "Safe Harbor" exemption. 17 USC 512 states

http://www.copyright.gov/title17/92chap5.html#512

"(c)(1)(B) [A service provider shall not be liable...if the service provider] does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity;"

Since Linden Lab gets upload fees for mesh items, and Marketplace fees for any items sold there, it fails this test.

[QueenKellee Kuu]

Creative work does not need to be registered to be protected. http://en.wikipedia.org/wiki/Copyright_registration

[Ann Otoole InSL]

All it does is prevent whack-a-mole. It won't stop people with PIOF from uploading stuff off the internet. But if they get caught they might lose mesh privs and be stuck retopoing to sculpts. So they will simply modify the models enough so they don't match. Nothing changes except copybotters can't use throwaway accounts to do it. And that is most of the problem.

What it does is makes it so hobbyists can buy builder kits but the mesh parts won't have their name on it as creator unless they have PIOF and get the files outside SL to upload. But they can still make assemblies with a root prim that has their name like people do with a lot of shoes and boots today using sculpts.

Still plenty of opportunities to profit.

Won't stop anyone from taking the meshes out of SL to other grids where no such PIOF requirements exist. If you don't want to register copyrights then be happy with endless DMCAs across endless open sim grids. Otherwise register copyrights and enforce them with a lawyer.

Anyway once people get professionally good with mesh work then they will probably gravitate away from SL to turbosquid, renderosity, and the other mesh marketplaces and simply forget SL ever existed since they will make more money.

[bongo]

its nothing wrong with it.. the hulk WAS an infrgigeing IP,since the MODEL STORE had no rights nor the modeler to sell it....

where does it say you muct register the ip via copyright? it seesm theya re just tracking ID of uploaders.. so that they prevent a flood of video game avatars from being uploaded... since id guess NO large company ip rights have been given to 99.9% of the SLers who would want to upload and sell stuff...

[Adeon Writer]

I think Turbosquid may very well open up a section for SecondLife-compatible models.

[Arcadia Codesmith]

Sounds like we're expected to forego using any third-party meshes unless we've got the resources to verify that they're not infringing.

That would make it impractical to utilize anything that's not an original creation, unless the source is utterly beyond reproach.

[II Singh]

Yawn.....................
Second Life you are dead already and don't know it. Many of us used to care about this platform frankly too little too lame too late and toodle looo.

[Rob Knop]

Woah. This is one of the worst ideas I've ever heard. It says, get in the way of people trying to create things in the name of being extremely paranoid about copyright protections.

It gives me a few different thoughts. The first is that it's all BS. They're not really concerned about copyright violation at all, they're just using this in order to undermine a previous decision that they were OK with people being anonymous. As such, they want to be able to track builders, so they're using copyright as the excuse to limit the abilities of people who can't fully be tracked. This sounds pretty paranoid, but the policy is so whack that I can't help but think whack things about it.

The more likely idea is just to take it on its face. They really think this is a good idea for reducing copyright infringement. Of course, they should (and may well!) also change their policies so that people can't upload textures or sound files without having payment information on file. And, this is totally and completely at odds with the notion of Second Life as a user-generated world. Want to build, contribute to the world? We have to be able to track you! It's a brick in the copyright-motivated surveillance society dystopian future.

I predict this turns out to be more of a hassle and a pain for creators than any slight good that might come out of this. It's like DRM or any of the other sorts of intrusive and cumbersome attempts to put technical restrictions on the use of digital creations.

[Pathfinder]

Anne Otoole said:

"once people get professionally good with mesh work then they will probably gravitate away from SL to turbosquid, renderosity, and the other mesh marketplaces and simply forget SL ever existed since they will make more money."

I don't necessarily agree that it will be a grand exodus or an "either/or" situation. But otherwise, I think you nailed it. The global market for mesh models is huge, and I think content creators will be very pleasantly surprised at how much $ they will be able to make selling mesh models outside of SL.

Another great place for content creators to sell mesh stuff would be the Unity Asset Store (http://unity3d.com/unity/editor/asset-store.html). That's a marketplace *built-in* to the Unity editor, which makes it an ideal way to reach the 500K+ registered Unity developers out there looking for nice models.

Ka-ching!

[Ciaran Laval]

If they're going this route then they should be going down the one account, multiple alts route.

If Mesh launches in a world of paranoia about sources then the growth and adoption of Mesh is going to be seriously curtailed.

[Ferd Frederix]

They will have to do this to survive the onslaught of DMCA's that mesh uploads will bring.

Linden Lab must find a way of enforcing DMCA's, or they will be in big legal trouble from a lot of angry 3rd party developers.

There is a huge, vocal and legally powerful professional 3-D mesh marketplace that will defend their legal rights to their IP. There are tens of thousands of models available online, and from what I have seen, a huge number of them are licensed not for resale, but only for use in rigging up digital photography. Look at many of Daz3D's models, for example. You could upload such a model to SL, and take pictures of it without any legal troubles. But there is no legal way to sell a copy of such a mesh.

With this, if a DMCA is filed, then a ban on the real person would legally get Linden off the hook for massive damages.

I would love to see this happen for all content. Not a Premium user with a verified account? No uploads, sorry. Go play in OpenSim where there is no security.

[Carlett Resident]

The more I read these articles, the more I feel Linden Lab is spying on its customers.

[Brenek]

People will get banned for uploading models. People will get sued for uploading models (in extreme cases). People will be dissuaded from uploading models so that they do not get banned or sued. The payment ID requirement will ensure that mesh use is not widespread.

In sum, there will be a small percentage of quality sims and a small percentage of quality vendors (just as there are now).

[Danielle]

@Carlett - Yes, they already know everything you say in chat, and everything you have in your closet (inventory). They can do that because it all goes through their servers. But seriously, there are 2000 SL residents for every Linden employee, they simply don't have time to spy on us while doing all the other things it takes to keep Second Life working.

[simon]

This policy is just one of first steps to get rid of free accounts in second life,no payment options-no mesh-no future in second life,either quit or go premium,people if you are breaking copyright or other laws you can still be found over your ip adress,so think,there is no need for contact info colected with billing options in order to prevent copyright law brakes with uploading mesh,when all free accounts will be changed to premium or gone beacuse you dont have other option since mesh is sl future they will find new ways to charge you,i believe soon you will need to pay each sign in,even if crashed,and they will simply put out explanation that this is neccesary to keep you safe or something similiar...