Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Virtual Worlds

By Jess M. Collen, Matthew C. Wagner and Oren Gelber

Call them what you will, Massively Multiplayer Online Role Playing Games (“MMORPGs”), virtual worlds, or video games. Regardless of their label, these online environments in which users socialize or play games are now in the mainstream. With popularity and subscribership on the rise, virtual worlds, like World of Warcraft (“WoW”), EverQuest, There, and Second Life, are big business. A growing audience and expanding revenue stream also mean that virtual worlds find themselves increasingly the subject of litigation. Indeed, some law firms have developed specialized practice groups to address this new and unique medium and the range of issues it presents. Alex Pham, These lawyers got (video) game, Los Angeles Times, Dec. 3, 2008.

It is not surprising that copyright and trademark issues arise frequently in virtual worlds, given the fact that they are products of copyrightable software code and thus by their very nature implicate intellectual property analysis. Additionally, MMORPGs, such as Second Life and WoW, have developed marketplaces for the sale and barter of virtual goods for real money or virtual money that may later be converted to real money. See http://secondlife.com/whatis/marketplace.php. As in any marketplace, there is also a need to identify the source of virtual goods, especially in virtual worlds such as Second Life, which allows its users to generate their own virtual content and retain intellectual property rights in the content they create. Second Life Residents To Own Digital Creations, Nov. 14, 2003, http://lindenlab.com/pressroom/releases/03_11_14; Second Life Terms of Service ' 3.2, http://secondlife.com/corporate/tos.php. Some entrepreneurs in Second Life have applied to the U.S. Patent and Trademark Office for registration of their avatars (the user-created character representation of the virtual world participant in the virtual environment) and other marks for their virtual businesses.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.