Linden Lab: IP infringement?

IP rights, DMCA, copyright, trademarks, content theft – they are all the subject of heated debate within and around Second Life.

Linden Lab themselves have been known to react very heavy-handedly regarding what they view as their own intellectual rights including laying claim to the word “Life” in all matters relating to Second Life, thus forcing Marine Kelley to rename the “Restrained Life Viewer” to “Restrained Love Viewer” – something of a petty stance in the circumstances – while also roundly slapping those it purports to support in the education sector.

And now Linden Lab seem to be wading deeper into the water – by snagging Miso Susanowa’s work, and the credit thereto. As Miso explains, she was approached regarding the creation of a logo for SL8B – and the outcome appears to have been somewhat less than positive.

It’s going to be interesting to see how this works out; right now the story is not winning Linden Lab much in the way of support – or doing SL8B any favours. Indeed, in reading it, one is reminded of the old adage about politicians: if one isn’t kissing your baby, you can be sure he’s stealing its lollypop.

Addendum

18:00 BST:As suggested in my reply to Gwyn, Rod “Rodvik” Humble was straight on to the case via Twitter:

rodvik rodvik humble  
Thanks for the notes all. Will look into the mystery of the magic hat! 🙂

Further updates will (hopefully) follow, if warranted.

21:30 BST: Pete Linden, posting on behalf of Amanda Linden on Miso’s blog, had this to say (also linked to above):

Hi Miso, Amanda Linden tried posting the comment below on your original post, but it wasn’t published. Here it is again:

Despite how this unfortunate situation clearly feels, it’s really just a misunderstanding and a case of two designers independently choosing a similar image to represent the theme.

The Lindens and community organizers who saw your original submission liked the idea, but it needed to not make use of the eye-in-hand SL logo. They asked that you re-submit the design without the eye-in-hand logo, but when they’d not heard back after several follow-ups, they asked a Linden designer to create a few options so that we would be sure to have a logo in time for the event. 

The Linden designer presented a few concepts based on the theme of ‘the magic of SL,’ and, without having seen your concept or having been told about it, she also created a logo using a magician’s hat image to represent the ‘magic’ theme.

At this point, the Lindens picking the logo had an opportunity to notice the similarities and should have addressed this with you directly; we didn’t, and for that we apologize sincerely. While the Linden designer arrived at similar imagery independently, we will update the attribution of the logo design to reflect that your earlier submission first presented this concept. [posted by Pete Linden]

Welcome back, Esbee

Esbee Linden from the official wiki

Sarah Kuehnle, aka Esbee Linden, who departed Linden Lab back in January is apparently back. The news is spreading like wildfire across blogs and Twitter (curse you, ironing, for making me miss the “breaking news”!).

Although the news isn’t exactly that new – she’s been Tweeting about it for almost a month, so most of us seem to have missed it!

Exactly what she’ll be doing is unclear, but it looks like she’ll once again be involved in Viewer development going on her comments about being in the Viewer scrum once more with Yoz and Oz; this has given rise to speculation that “Viewer 3” might be on the horizon – although that’s nine parts wishful thinking more than anything else – Rodvik himself has been more than candid about the continued development of Viewer 2.

Anyway, here’s a little welcome back!

Credit Card privacy concerns

Some time ago, LL opted to shift their method of accepting foreign payments away from PayPal. A deal was struck with Dragonfish – which in a sort-of bizarre twist, given LL’s attitude towards gambling – is operated by 888 Holdings the, er, online gambling giants.

There have been numerous issues with the payments system (which also appears to be linked to Cassava Enterprises, another subsidiary of 888 Holdings, registered in the tax haven we call Gibraltar). Now it appears as those woes might be growing.

As reported on the official forum, members in Europe using the payment system towards the end of last year are finding themselves subjected to directed mail shots to the e-mail accounts that they have specifically set-up for use with Second Life. What is more worrying is that in at least one instance, the mail sent to the SL-related mail account has called the recipient by their real first name. Elsewhere, another use who has used a partner’s Credit Card to make payments to LL via Dragonfish has found themselves receiving directed e-mail to their SL-related e-mail account addressing the card holder by name.

Frank Ambrose (FJ Linden) has attempted to pour oil on troubled waters by suggesting that those affected have been victims of malware  / spyware on their own computers, and that no data has been leaked via Linden Lab or their “third-party” operative (Dragonfish). However, an increasing number of people are doubting this explanation, due to the number of coincidences concerned, perhaps the biggest of which is that the directed e-mails (mis-named “spam” in the forum posts) are from – wait for it – another on-line gambling organisation.

In other words, someone possibly in competition with 888 Holdings.

As Que Niangao points out in the thread, while it in not entirely above the realms of possibility, for FJ’s explanation to hold, the compromised computers used by those receiving the e-mail need to have been infected by some very elaborate spyware / trojan / key-logging system. However, a more reasonable explanation might be that the issue lies at the other end of the pipe and that while no-one is accusing 888 / Dragonfish / Cassava of deliberately passing on user information, it is possible that their own systems have or were compromised at some point.

Either way, it would seem that a more involved investigation is warranted – and neither Linden Lab nor 888 have anything to lose by ensuring the matter is fully and properly checked.

There is a danger in issuing what can be read as trite / suspicious and almost throw-away explanations (as some on both the forum and on Twitter are treating FJ’s response). That is that is deepens the belief that Linden Lab does little more than pay lip service to matters of privacy. This feeling has been rife among the user base for a good while now, and has been exacerbated by recent events around RedZone.

While no-one expects LL or 888 to hold a hand up and admit the specifics of any leak (should one have occurred), one does expect them to work fully and properly to ensure that all fears and concerns that their might be a leak are properly alleviated, and evidence given that customers’ data is in fact secure. If there has been a breach that is not connected to customers’ own computers, then it is also in LL’s best interests to ensure they understand what has occurred and when so they can inform users of the appropriate actions they need to take, if any.

A “Thanks but not our problem,” response – which is how FJ’s reply tends to read – doesn’t really help anyone.

Search Project Viewer released

Linden Lab have released a new Viewer Project to sit alongside their exiting Mesh-enabled Alternative Viewer. This is the Search Project Viewer, which is promising to deliver a new and better Search experience in Viewer 2.

Given that Search has long been a contention where Viewer 2 is concerned – where it initially started out as a massive step backwards in so many respects – the fact that LL have moved it to a dedicated Viewer should be welcome news, in that it gives people the opportunity to properly test the new features, provide feedback and for LL to finally ensure that Search is providing what the user community wants and expects.

I’m not going to go into a long review of the new engine – Ciaran Laval has already done that, and I see no reason to repeat the work he’s done. Certainly the new Search looks very promising, although some of the more irritating problems with the engine remain – such as the number of steps you have to go through simply to be able to see the information you want to get to, regardless of the fact that the Search engine can finally now locate it.

What is interesting to note is that Linden Lab state in the blog post that:

New search will soon be available to you in the official SL Viewer and we will not be implementing it for the 1.23 Viewer. To be clear, you can still use the 1.23 Viewer, but search functionality will be impaired once new search is released into general availability, after the test period. 

Specifically, searches using the ALL and GROUP tabs of the 1.23.x Search will be impaired. So, where does this leave existing 1.x-based Viewers? Again the blog post provides a part of the answer:

 (We cannot speak to which Third-Party Viewers will adopt the new search technology.) All of our development efforts are focused on making SL Viewer with Basic and Advanced modes exceptional for all Residents–new and seasoned. 

In other words, as far as the “official” version of Viewer 1, already frozen in development in many respects, this pretty much marks the end of the road, and it will by up to TPV developers themselves to overcome any functional impairments in search by adopting the new “search 2”. How easy / difficult this might be remains to be seen, but it would certainly seem to add to the burden 1.x TPV developers are having to carry in their attempts to keep things going.

Given that many are already producing Viewer 2 alternatives (Dolphin 2, Firestorm, Kokua, Kirstenlee’s S21, to name but four), this might push them towards making a full and final switch to Viewer 2-based development and allowing any 1.x Viewer offerings they have depreciate.  This many not be a popular move among the wider user community should it happen, but the fact is – and Oz Linden has pointed out – there is a lot coming down the tracks in terms of new functionality within the Viewer that trying to maintain two code bases, or simply trying to backport functionality into the older code, may simply reach a point where it is no longer viable.

If you wish to try out the Project Search alternative Viewer, you can fins the downloads on the Alternative Viewer wiki page.

Web Profiles – privacy leak?

Tateru Nino posts on a privacy issues surrounding SL web Profiles – or more particularly, the “old” profile API utilised by 1.x Viewers and the likes of Firestorm.

Although there is an issue here, I’m not entirely with her on her take on the situation, or in the options she provides as potential solutions.

Essentially, the problem lies in the fact that people seem to be under the impression that setting the privacy options on a web Profile via my.secondlife.com will “hide” the selected parts of the Profile from being viewed in-world. For example: if Groups to be viewed by Friends in my.secondlife.com, people take it to mean only Friends can view the Groups information when viewing the Profile in-world.

While this is the case for those people using the official Viewer 2, it is not true for anyone using 1.x-based Viewers or some TPVs based on Viewer 2. For these people, your entire Profile remains fully visible, regardless of the Privacy settings active on mt.secondlife.com.

This is because 1.x-based Viewers (and Viewers such as Firestorm) use the “old” 1.x Profile API, which has no privacy settings associated with it, and it simply doesn’t care what has been set via my.secondlife.com.

As such, and while acknowledging the situation, I’m hard-pressed to call it a “privacy” issue in its truest sense; the behaviour exhibited by the API is exactly what it has always been – no more, no less. In that regard, it’s certainly incorrect to describe the resultant situation as a bug with the 1.x Profile API.

Rather than being a matter of “privacy” with regards what is viewable on Profiles in-world, I’d actually suggest that this problem is actually an unfortunate outcome of another poorly worded communique from Linden Lab coupled with taking the “easiest” route to providing a solution.

Let’s put matters in perspective. The privacy settings on my.secondlife.com came about not to limit the viewability of Profiles in-world, but rather to address users’ concerns that my.secondlife.com initially made it far too easy for non-SL users casually browsing the web to see people’s avatar Profiles. Unfortunately, when LL moved to fix the matter (and very clumsily so, in the first pass), Q Linden issued a blog post that unintentionally linked the web aspects of privacy with the in-world viewing of Profiles; something that was possibly exacerbated by the clumsy manner in which “privacy” was first invoked.   As a result, some people have become confused.

Unless LL unequivocally state it is their intention to enable the blocking of certain parts of a person’s Profile from in-world viewing (and there are actually valid arguments for this), then I’d dispute Tateru’s view on how to resolve this matter.

Far from there only being two options open to LL (backport the privacy controls to the 1.x API or to shut down that API entirely), there is actually a third. It’s this: add the necessary clarification to the privacy settings page on my.secondlife.com. It’s around 10-15 minutes work at most. The wording itself is pretty simple:

“Please note: These privacy settings apply to how your profile is seen at my.secondlife.com or by residents using the official Viewer 2. Residents using older Viewers and third-party Viewers may be able to see your full profile in-world, regardless of the settings made here. Please ensure you only supply information you wish to be made “public” within Second Life, and ensure your profile remains within our Community Standards guidelines.”

Facebook wipes Second Life

I’m going to go out on something of a limb here. Just why are people getting so worked up about having their “SL Accounts” on Facebook deleted?

Over the last 24 hours, FB have been mass deleting accounts linked to SL avatars (and no doubt other accounts that are “not linked” to “real information”), and people have been shouting about it across blogs, Twitter and Plurk as if it is so kind of outrage.

Well, sorry, it isn’t. I’m not Facebook fan; I wouldn’t even use it – but the Facebook Terms and Conditions of use are clear: only “real life” account information should be used on Facebook accounts. Quote:

“Registration and Account Security

Facebook users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on Facebook, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal profile.

However fond we are of our Avatars, the fact remains that they don’t fall under the classification of “real names and information”; ergo, however much it hurts, creating a Facebook account using avatar information has always been a recipe for disaster. Given this, it’s hard to see how anyone can be outraged when Facebook seek to enforce their rules; it is their playground, after all.

I appreciate this may come across as a cold reaction, especially to those who have invested many hours in developing their Facebook presence, but it is honestly hard to be anything else. Had it been a case of FB suddenly changing their policy and wiping out accounts as a result, it would be a very different matter, one that would call for more sympathy for those affected by the move.

But it is not. As quoted above, the rules are clear. Foolish is the person who gambles against the house odds in matter like this.

However, there is another side to this situation. Leave us not forget that for well over a year now Linden Lab have been actively encouraging people to flip over to Facebook and join things over there. For example, we’ve had:

  • The 2010 Valentine scavenger hunt, the top prize for which could only be won by those registering with Facebook
  • The 2010 advertising campaign that (at the least) required SL users to connect their Avatars with their RL identity on Facebook
  • Wallace Linden’s heavy-handed FB push that marked his one (and only?) attempt to “start a conversation”
  • Amanda’s Linden’s own clumsy juxtaposition of announcing a forthcoming new “community platform” for “better communications” while at the same time telling people that “the” place to find out about SL is….Facebook…

While it might be argued that few / none of these initiatives have required people to sign-up to Facebook using their Avatar details, such arguments entirely miss the point. Facebook and Second Life are – for the vast majority of SL users – simply a bad fit, precisely because of FB’s “no ‘fake’ information policy.

Of course, there are those who don’t mind linking RL and SL identities: those operating a RL business with SL ties; those working in education in RL and SL, those operating non-profits, etc., may have few qualms in linking one to the other – and are excellently placed to use the likes of FB and services such as LindedIn to help promote themselves and their activities.

But for the vast majority of SL users, making FB a bedfellow has not been in our interests. Some at Linden Lab (/me waves to Amanda) have been using a form marketing kung-fu that can only be described as kicking oneself in the head, in that they seem to be of the opinion that pushing SL users to FB will be reciprocated in a flow of FB users to SL. This clearly is flawed in so many ways, it’s not worth rehashing all the reasons why, especially given they’ve been pointed out time and again by so many SL bloggers.

Hopefully, this latest move from Facebook will convince TPTB at the Lab that it really isn’t in their best interests to be so cosy with FB. In the meantime, for those who want an SL-related social network, why not give 2ndhub a try?