Posted on October 8, 2008 in IP, SL, video game law by Brian RoweComments Off

Sarah, Gwen and I attended the Born Digital Book release at EMP a few weeks ago.  Just a few days before the event we bought a flip hand held video recorder for the family.  This is Gwen’s first time using the recorder on her own.  Gwen choose the questions and choose who to interview, the video points out how comfortable those who grow up with technology at their fingertips are using the tech.  It was a great learning experience for all of us. The video also shows the difference in generational views on technology.

Here is the video enjoy.

On the video editing side this was my first time using Jahshaka an Open Source Media Playback and Visual Effects program.  The learning curve was a little steep, but it worked well after viewing several tutorials online.  There is a huge need for Open Source programs to work on usability.

Part two is coming soon the total video was almost 20 mins and YouTube only accepts 10 minute clips.

Posted on October 7, 2008 in SL, video games by Brian RoweComments Off

Video Games and Copyright

Will Rava

What rights are in a video game:
Title: Trademark
Font: Copyright (I strongly disagree it should be considered typeface and uncopyrightable)
User Interface: Trademark Tradedress
Characters: Copyright, maybe Trademark
Code: Trade Secret, Copyright
Music: Copyright, Right of Publicity,Trademark sometimes
Voice Over: Copyright, Trademark
Marketing: Copyright, Trademark
Hardware: Patents, Tradedress
Scenery: Copyright, maybe Trademark
Physics Engine: Copyrightable, Patent
Story: Copyright
Movies (cut scene): Copyright

Donkey Kong – Copyright fixation requirement is met I will check for the full site later.
Who owns virtual property
Second Life Mark Bragg This case settled but the mandatory arbitration clause was ruled unenforceable.

Good class over all more to come later.

Posted on September 8, 2008 in IP, Second Life, SL, SL Bar by Brian RoweComments Off

Date: 9/9/08
Time: 12 noon (PDT/SLT)
Place: SL Bar Association Office
Topic: “Trademark Infringement in Virtual Worlds,” by Stephen Wu (SL: ‘Legal Writer’).
Cost: FREE!
CLE Credit: 1 hour California MCLE
To register visit

Speaker Stephen Wu (SL: ‘Legal Writer’) will discuss the risks posed to trademark owners by widespread infringement in Second Life, and how a failure to police their marks may cause them to lose their valuable trademark rights. He will also discuss the issues raised by trademark use and infringement in virtual worlds generally, including issues applicable to clients faced with infringement of their own trademarks and to those accused of infringing the trademarks of others.

Wu has a background in software licensing, technology law, intellectual property, general commercial litigation, data protection and secure ecommerce, and has done presentations on electronic discovery, and digital evidence, Mr. Wu has recently been elected President-Elect of the 2008-09 SL Bar Association.

I will be attending my SL avatar is Sarterus Mensing

Past SL CLE posts:

IP Enforcement in Virtual Worlds by Tamiko Franklin (second CLE)

First In  world CLE “Virtual World Legal Issues” by David Naylor

Posted on July 27, 2008 in CC, Isummit, SL by Brian RoweComments Off

This years Isummit should be easy to follow and maybe even participate in from a far. With streaming media, Second Life simulcast, live blogging and interactive forums.  Here are the details abridged from the Isummit blog:

Live events:

This year, the opening session, keynote addresses and closing event will be streamed live through the iSummit website (look out for the video broadcast button coming soon). They will also be streamed into Second Life, with the highlight of Jimmy Wales’ keynote address, which will be streamed from the virtual world, to the audience in Sapporo. Here’s a list of streaming times:
30 July: GMT 00:00-01:30 GMT and GMT 07:00-08:00
31 July: GMT 01:00-02:00 and GMT 08:00-09:00
1 August: GMT 01:00-02:00 and GMT 05:40-06:20
This year we have an “official” live blogger covering certain sessions. He’ll be using Cover It Live, which allows you to not only track the details of what happens during each session, but also to leave comments and ask questions in the live blogging stream. If you’d like to participate, check out the sessions and times that our live blogger will be online, and how to participate here.

Asynchronous options:

  • iSummit blog will be updated at least twice a day with blog entries about various sessions.
  • iCommons wiki, where volunteers will be taking notes from the sessions and developing the Checklists on Openness.
  • Podcast that will feature interviews about the cultural and entertainment-related events.
  • Newsletter to the iCommons mailing list with samples of the most exciting coverage coming out of the event.
I am still looking for details on how to connect with the legal day online.
Posted on July 22, 2008 in CLE, copyright, SL by Brian RoweComments Off

Tamiko Franklin

Second Life name: Juris Amat
Email address: [email protected]

Basic topics:
Berne Convention, RAM copying theory, DMCA, domestic and international trademarks.

Advanced topics:
Object permissions: Object permissions allow users to control the use of virtual objects through Digital Rights Management (DRM).

Do object permissions grant other users a limited license to the work?
Most likely yes with regard to those allowed permissions, but note that object permissions could be supplanted with a license to restricts use beyond the permissions.

Take Away: Register your trademarks!

This was a good presentation in a typical CLE style with a lot of practical advice. The post mortem devolved a bit into a creator v. contractor rights debate. If you are interested in work for hire and copyright, check out U.S. Supreme Court. Commun. for Non-Violence v. Reid, 490 U.S. 730 (1989).

Posted on July 21, 2008 in CLE, SL by Brian RoweComments Off

SL Bar Association and Virtual Worlds Law Library are pleased to present the second in our Speaker Series, Juris Amat speaking on “IP Enforcement in Virtual Worlds,” at noon (PDT/SLT) on July 22. This free session is approved for 1 hour California MCLE credit. For more info and to register, visit

Speaker Bio:

Tamiko Franklin is the Director of International Legal Services for Matijevich Law Offices, where she develops the transactional intellectual property practice and coordinates IP related corporate and telecommunications services in addition to supervising client portfolios and a network of cooperating attorneys throughout eastern Europe. She earned her Juris Doctor and Master of Intellectual Property degrees from Franklin Pierce Law Center.

Posted on July 16, 2008 in IP, SL, SL Bar by Brian RoweComments Off

SL Bar

The first ever in-world CLE (Continuing Legal Education) was held yesterday at the SL Bar Association offices.  The turn out was strong with approximately 30 attendees.  SLBA President ‘Solomon Cortes’ (David Naylor) presented a 90 minute talk on “Virtual World Legal Issues”. CLE credit is very important to lawyers because they have to take a certain number of CLE credits each year to maintain bar memberships — and these seminars can be expensive.  I have been to CLE’s with registration fees in the several-hundred-dollar range.  This is a barrier to making the law accessible to the public, since non-lawyers almost never attend due to the cost.

Posted on July 14, 2008 in SL, SL Bar by Brian RoweComments Off

The SL Bar Association’s first CLE seminar will be held in in Second Life at the SLBA offices Tuesday, July 15, 2008 at 12:00 Noon Pacific. The seminar will feature SLBA President ‘Solomon Cortes’ (David Naylor) presenting “Virtual World Legal Issues.” This marks the very first time that CLE credit has been offered for an exclusively in-world event. There is no charge for the seminar, and you’ll earn 1 hour of California MCLE or England and Wales CPD credit for attending. Registration is currently still open, but space is limited.

I will be there with my SL avatar: Sarterus Mensing.