Category: News-Opinion

IP infringement complaint directed at Linden Lab

Posted on by Inara Pey
© and ® Linden Lab

According to a piece published in Yahoo Finance on Monday, September 23rd, a complaint has been filed against Linden Research Inc., (Linden Lab) alleging patent infringement.

The report quotes a news wire release from Worlds Inc, claiming Linden Lab and its Second Life product have infringed on a Worlds Inc patient System and Method for Enabling Users to Interact in a Virtual Space – US 7,181,690.

The complaint is the latest in a series of actions relating a set of patents filed by Worlds Inc (also known as Worlds.com Inc and Worlds Online and which I’ll refer to simply as “Worlds” for the most part below), the others being US 8,082,501, US 7,493,558 and US 7,945,856, as cited on the company’s home page.

Together, the patents relate to  technologies and methods, Worlds state, to “provide a highly scalable architecture for three-dimensional graphical multi-user interactive virtual world systems”, as seen in Massive Multiplayer Online games (MMOs) and virtual spaces. These technologies and methods particularly relate to the use of avatars, means of communication between “rooms” (disparate spaces) etc. They were filed and granted in 2007 – well after the Second Life was established – but they relate to an initial filing made by Worlds, in 1995, which they argue stands as the priority date when considering the patents.

Thom Kidrin, CEO of Worlds Inc.

The history relating to Worlds Inc and these patents dates all the way back to 2008. It was then that the company challenged against South Korean games an MMO developer NCSoft. At the time, World’s CEO, Thom Kidrin, stated the case would be the first of many such cases, asserting that his company would “absolutely” seek financial recompense from any companies they perceived as infringing on their patents – including Activision Blizzard and Linden Lab.

Ultimately, the NCSoft case reached a confidential out of court settlement in April 2010. However, in 2012, Worlds Inc. set their sights on Activision Blizzard in what has become a convoluted case.

Responding to the complaint by Worlds, Activision Blizzard initially argued that the claim of infringement was invalid, as the technologies to which their patents referred had appeared in public prior to any patient filing. However, Worlds claimed the priority dates for their patents had been incorrectly recorded by the US Trademark and Patents Office (USTPO).

Activision’s position appeared to be upheld in a March 13th, 2014 summary ruling by U.S. District Judge Denise Casper, prompting some to repeat the view that Worlds Inc a patient troll, a view first raised at the start of the Activision case.

However, judge Casper also upheld a claim by Worlds that filing irregularities at the USTPO had resulted in their priority date being incorrect, and gave the company leave to seek a correction from the USTPO. This resulted in the priority dates for the patents being revised to an earlier time frame, and Activision opted not to challenge the revision by way of an inter partes review (IPR), allowing Worlds to re-file their claim of infringement in October 2014.

Around this time as well, Worlds also mounted a challenge against games developer Bungie. In response, Bungie filed three counter-IPRs with the patent office, claiming various parts of the Worlds patents were invalid.

Worlds sought to have the Bungie IPRs discounted on the technicality that they failed to state that Activision shares a publisher/developer relationship with Bungie. However, the USTPO didn’t agree with Worlds and in 2015, ruled in Bungie’s favour – and so Worlds took their complaint over Bungie’s IPR filing to the US Federal Circuit Appeals Court, seeking to overturn the USTPO’s ruling. In September 2018, the court heard the case and issued a ruling in favour of Worlds position, and ordered the USTPO to undertake a further IPR. Which, unless I’ve missed something in digging through assorted legal sites and papers, is where matters more-or-less stand today.

Quite where the complaint against Linden Lab will go is unclear. I’ve contacted them on the matter to ascertain if they are aware of the complaint, but have yet to receive a response – and frankly, I actually don’t expect them to do more than perhaps confirm their awareness; for obvious reasons, it can be unwise for a company to openly comment too much on legal matters. However, in the past, some observers have suggested it is Worlds Inc., who could face an uphill battle in their claims. Ben Duranske, author of Virtual Law: Navigating the Legal Landscape of Virtual Worlds, for example, has previously proposed that there is a wealth of “prior art” that could be brought to bear against them; others have also noted that there is also a wealth of documented history surrounding SL’s development that could be used to challenge claims of infringement.

But, as is often the way in these matters, it is likely things will only unfold slowly over time, so it may be a while before there is any sense of motion one way or with other. In the meantime, should I received a reply from Linden Lab, I will update this article, and I’ll also attempt to keep an eye on this issue in the future.

With thanks to Cube Republic for the pointer to the Yahoo piece.

Second Life mobile apps: a (belated) update

Posted on by Inara Pey
Logos © and ™ Linden Lab and Apple Inc

As I’ve previously noted, Linden Lab is working on an iOS client for Second Life, the first phase of which will be focused primarily on chat.

Keira Linden, who is now a Product Manager at the Lab, is heading up the project, and at a recent open-source developer meeting (held every Wednesday, but at a time I can rarely make), she offered some feedback on the upcoming app, with Oz Linden, the Technical Director for Second Life providing some additional comments on the Lab’s approach to mobile.

You can read an excerpt of the meeting’s transcript that encompasses the discussion in the forums – with thanks to Arielle Popstar for posting it – and the following is a summary of the comments made, grouped by topic.

Summary of iOS Specific Comments

  • The iOS app is to be deployed in stages, starting with – as previously noted – the chat capabilities. This will support IM and group conversations, and will likely include the capability to search for friends and non-friends alike.
  • It appears This initial release of the app will not support local chat, with Oz Linden noting:
Unlike other current apps, the plan is that your avatar will be in a separate space inaccessible to others, so it won’t just be standing somewhere not moving, so you won’t have a regular ‘location’ at all to chat in.

– Oz Linden, Open Source Dev meeting, August 14th

Presumably, this will change in later releases.

  • Further capabilities for the app are being discussed internally at the Lab, and these discussions include prioritising capabilities for release as the app is enhanced.
    • At some point in the development cycle, Keira will be reaching out to users to gain feedback on what are considered to be the important capabilities / options, in order to help the Lab prioritise future enhancement of the app.
    • Overall, the plan is to add as much functionality as possible as the app continues to be developed beyond the initial release.
  • There are no dates for when the app might be made available for testing – but the development work is considered a “high priority” by Keira and within the Product Team.
  • The precise framework for testing hasn’t been finalised, but will be announced via the forums when decided upon.
    • Side note: it had been previously indicated that when the app is made available for testing it will be through Apple’s beta testing environment for apps, and users wishing to test the app will need to have TestFlight installed on their iPhone (or iPad). It’s not clear if this is still the case – but given Apple’s requirements, I would assume so.
  • Currently, the Lab isn’t focusing on providing any graphics support (a-la the 3D world view in Lumiya), with Keira commenting:
We haven’t focused too much on the graphics side, as we’ve been working on chat and security, but I’ll be sure to include that consideration when we get there.

– Keira Linden, Open Source Dev meeting, August 14th

Summary of Overall Approach to Mobile

  • When starting the project, consideration was given to developing mobile apps in a multi-platform framework, but the decision was made to develop natively for different platforms was the better way to go.
  • The decision to go for iOS over Android for the first app was largely made on the basis that Android was better supported at the time (late 2018) by 3rd party apps (including Lumiya).
  • The Lab believe that by focusing on one platform at a time will, ultimately allow them to roll out individual apps and enhancements to those apps faster.
  • Once the Lab is happy with the status of the first app, they will consider porting it to “other platforms”.
  • Concerns have been raised over the potential of a mobile app to increase ad-hoc group chat griefing. Both Oz and Keira indicated there are various server-side means of cutting back on such griefing under consideration as a part of a broader project that’s not directly linked to mobile app development.
  • A browser-based streaming solution is currently excluded from consideration, purely on the basis of cost-effectiveness to users (e.g. considering the pricing model for Bright Canopy), with Oz Linden commenting:

We’ve done several experiments with streamed viewers, and are watching the evolution of the required server side costs and capabilities. So far, we don’t think there’s a viable business model (that is, we’d have to charge too much), but we expect competition and technology to eventually change that.

– Oz Linden, Open Source Dev meeting, August 14th

In addition to the above, and more recently – during the second segment of Lab Gab – Reed Linden indicated that the Lab has a number of initiatives related to mobile support, including optimising the SL Marketplace for use on mobile devices. Please refer to my summary (with video) of that session.

Related Links

Again, thanks to Arielle Popstar for posting the  transcript excerpt.

Previewing Lab Gab 2 with Reed Linden

Posted on by Inara Pey
Image courtesy of Linden Lab

The second segment on Lab Gab has been announced as streaming live on Wednesday, September 11th, 2019 at 15:00 SLT, when it will feature special guest Reed Linden.

Lab Gab is the title given to the new fortnightly (thus far) chat show hosted by Xiola and Strawberry Linden. The first segment was streamed on Wednesday, August 28th, and those interested can read my summary here. It formed a general intro to the show, with Xiola and Strawberry chatting about a number of topics and taking questions from people watching the live stream on YouTube.

The second segment promises to be more formal, featuring  – as noted – Reed Linden. AKA (at present) Penguin Fabuloso, Reed has been with the Lab for just over eight years, having joined in August 2011. Most recently, he’s been in the hot seat for the monthly Web User Group meetings (which I “skilfully” keep missing on account of – well, let’s be honest here – not remembering to check the schedule). As a Product Manager at the Lab, Reed has his fingers in a number of areas including the Marketplace, Profiles and SL web properties, and also with Bakes on Mesh.

All things being equal, I’ll be watching the show and will hopefully have a summary available in these pages some time thereafter. Those wishing to tune-in to the stream can do so via the Lab’s official YouTube channel.

Lab Gab launches on August 28th via YouTube

Posted on by Inara Pey
Image courtesy of Linden Lab

Lab Gab is the title of a new live stream event being hosted by Xiola and Strawberry Linden, that commences on Wednesday, August 28th at 15:00 SLT. Initially announced in a blog post on August 23rd, Lab Gab is intended to be:

A variety show of sorts – we want to explore Second Life, answer your questions, talk to Residents from all over the world, and stream it through the internet and into your homes, phones, and wherever you get your quality entertainment.

With Xiola going on to note:

In our first show, we’ll be introducing ourselves, talking a little bit about what Lab Gab is, and interacting with you through YouTube live. In the future, we will invite special guests to come visit us on the set and talk about events and issues that impact the communities in Second Life.

For those interested, Lab Gab will initially be streamed via the official Second Life You Tube channel – although other platforms will be added in the future – with shows planned to go out every couple of weeks or so.

I confess, I’m not a great fan of live streamed events (outside of things like meetings, where there tends to be a more formalised approach to things), simply because at times things can get dragged out or take a sudden right turn away from something that might have otherwise been interesting. However, there is no denying the seat-of-the-pants sense of adventure those actively leading / participating in such events can feel, and the very unpredictable nature of where things might lead can add to the appeal for a watching audience.

At the same time, I also admit to being curious as to whether the show might at some point down the road – depending on its longevity – also occasionally “hop over the fence” into Sansar or even perhaps take some “behind the scenes” (desires for things like privacy allowing among staff) looks at the Lab itself. “Lab Gab” seems to be too broad a title to remain purely about Second Life (although there is a lot to explore on that subject alone), even allowing for it being intentioned as a “catchy” name for the show.

Certainly, dipping the occasional toe in Sansar’s waters might help dispel some of the many misconceptions that circulate among SL users concerning that platform, while taking a peek inside the Lab could also help both dispel certain myths and offer greater insight into what goes into keeping Second Life chugging along. Just a couple of ideas I’m throwing out there, LL, if you’ve not already considered them 😉 ).

In the meantime, if you are curious to see how Lab Gab sets itself up as a magazine show look at Second Life, be sure to watch tonight’s instalment via the You Tube link above, and keep an eye on the Lab’s social media and blog for updates about future shows.

 

Tilia has officially launched operations with Second Life*

Posted on by Inara Pey
via Linden Lab

Tilia Inc, the a wholly-owned subsidiary of Linden Lab formed in 2014 and focused on payments and the compliance work associated with operating virtual economies, including Second Life and Sansar, officially commenced operations in respect of Second Life on Thursday August 1st, 2019.

Linden Lab reminded users of this via an official blog post, Tilia Officially Begins Operations Today in Second Life.

In my summary of the Tilia Town Hall meeting of Friday, July 12th, I attempted to précis the impact of the changes and how they affect people with a simple set of notes. I’m reproducing that table below, updated with information from the Lab’s August 1st blog post, in what I hope is an easy-to-follow guide.

How Do the Tilia Changes Affect YOU?

+++ If you have a US dollar balance associated with your Second Life account +++

You are required to accept the Tilia Terms of Service on or before October 31st, 2019.

If you do not accept the Tilia Terms of Service by October 31st, 2019 you  will not be able to utilise your USD balance or request a process credit until such time as you do accept the Tilia TOS.

+++ If you add a US Dollar balance to your Second Life account AFTER October 31st, 2019 +++

You will required to accept the Tilia Terms of Service in order to utilise that balance. 

+++ In Addition +++

If you wish to credit process all or any part of a US dollar balance (that is, transfer it out of Second Life to PayPal or Skrill or another supported method), and have not already provided personal information to Linden Lab you will be required to submit said information.

To check whether Tilia has the required information on file in order for you to be able to process credit, please refer to: Tilia: how to ensure your process credit information is on file.

+++ If you do not have a US dollar balance associated with your Second Life account +++

You do not have to consent to the Tilia Terms of Service
(unless you subsequently wish to make use of a US dollar balance).

Users should also read the Tilia Privacy Policy.

With reference to non-acceptance of the Tilia Terms of Service by those with US dollar balances associated with their Second Life account after October 31st 2019:

  • They will still be able to log-in to Second Life.
  • They will still be able to use any payment method they have on file to pay for services (e.g. purchase Linden Dollars, pay Premium membership or tier).
  • It is only their US dollar balance that they will be unable to utilise.

Related Information

Via Linden Lab

Tilia Related Articles, This Blog

* Note: I actually held off blogging on this on August 1st as there was some ambiguity in the original wording of the Lab’s blog post which might have been taken to mean that user not accepting the Tilia Terms of Service by October 31st, 2019 would lose all access to their US dollar balances in perpetuity. As a result of discussions with the Lab, the blog post was revised on August 2nd to clarify the point that users will be unable to utilise their US dollar balances at October 31st until they accept the Tilia Terms of Service.

Linden Lab in wrongful termination lawsuit over alleged cybersecurity law violations

Posted on by Inara Pey
©, ™ and ® Linden Lab

Linden Lab has been hit by a wrongful termination lawsuit by a former employee, Kavya Pearlman, in which allegations are made over potential violations of cybersecurity laws.

A security expert, Kavya joined Linden Lab in August 2017, and worked to develop information security strategies, advising on state and international information security regulations, managing IS systems, and more. Her employment with the Lab was terminated in March of 2019.

She publicly announced her lawsuit via a 12-point Twitter thread. In it she states that her employment came at a time when she was engaged in a risk assessment exercise involving the New York State Department of Financial Services, the Payment Card Industry Data Security Standard, and the European General Data Protection Regulation, which came after a period when “the company treated me with hostility when I raised concerns about potential violations of cybersecurity laws.”

The allegations would appear to encompass work related to the Lab’s subsidiary, Tilia Inc., and potentially both Sansar and Second Life – but Ms. Pearlman makes it clear that during her tenure at the Lab as Information Security Director, there were no security breaches.

Within the Twitter thread – and apparently within the lawsuit – she additionally alleges discrimination and retaliation on the basis of her gender and religion.

Given this is a lawsuit, and the fact I am neither a lawyer nor have I had any sight of the papers that have been filed, further comment on the lawsuit itself would be inappropriate, and I doubt that the Lab will reply to enquiries simply because this is a legal matter.

That said, and if and when possible, I’ll continue to watch this situation as it develops.

With thanks to John Brianna for the pointer.