Second Life is a virtual world where people can create avatars and live “second lives” online. Started in 2003, it claims to be the largest such virtual community. The appeal seems to be that it’s just like real life — people “have jobs, purchase land, commit crimes, build homes and careers, make friends, fall in love, have sex, visit museums, and make and spend money” — except in Second Life, your avatar can also do crazy things, like fly, change appearances, and have really nasty sex.
We’re intimately familiar with neither Second Life nor sex toys, but our understanding is that the two go hand in hand. Eros LLC, a virtual sex toy maker, has apparently made a pretty penny selling sex goods in Second Life. But now other Second Life vendors are ripping off its designs and selling knock-offs. Eros’s CEO Kevin Alderman — who goes by Stroker Serpentine in Second Life and built the first in-world sex bed, a digital bed with built-in sex position animations — is filing a class-action suit against Second Life’s creators for enabling this virtual counterfeiting.
Alderman, who has been called “the ‘Hugh Heffner’ of the digital millennium,” wants Second Life to shut down its virtual version of Canal Street (counterfeit central in New York). From MediaPost:
Entrepreneur Kevin Alderman, who sells virtual erotic goods in Second Life, said in court papers that [Second Life creator/owner] Linden Lab allows other virtual marketers to offer knock-offs of his “SexGen” beds and other products.
“Eros’s virtual erotic SexGen products sold for use in Second Life have been counterfeited, cloned, and ripped off countless times by a multitude of Second Life residents,” the lawsuit alleges. “The manner in which this has occurred is akin to the knockoff handbags and purses sold near Canal Street in New York City. Some of the bags are stolen, but actual brand-name handbags sold at deep discounts, while many others are knockoffs that merely use the brand-name makers’ designs and trademarks.”
Circuit judge Richard Posner has weighed in on patent infringement of sex toys before, ruling that a company couldn’t patent the glass dildo. But what about virtual sex toy counterfeiting? We’re entering virgin territory here.
Continue reading “Lawsuit of the Day: Getting Off on Knock-off Virtual Sex Toys”