November 13, 2007 by David Mifsud
The issue in dispute deals with a user of the popular online game,
Second Life, who exploited a flaw in Linden Lab’s online auctions. Marc
Bragg used the flaw to purchase virtual land at well below market value
and as a response Linden Lab seized his virtual land and shut down his
account. This case is being touted as the first dispute over ownership of
virtual land that will set precedent for other online games, but this is
simply not the case. The real issue here is not so much IP, as it is
contract.
Bragg agreed to Second Life’s terms of service (TOS) when he first
created his account. Therefore, Bragg and Linden Lab are bound by this
agreement and it governs all issues in relation to Second Life. Looking at
the relevant sections of the TOS makes it apparent that Bragg does not
have a strong case at all.
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