Reading the topic in the Community forum related to the appeal to Linden Lab for saving Chouchou, I found the comment of a person who seems (since how she wrote) to be informed about the progress of the negotiations between LL and the owners of Chouchou.
In fact, rikutojam writes:
In short, at this moment we would be waiting to know the Chouchou owners’ decision, but the contact between the LL and the owners themselves would have already happened. Obviously, not being a piece of information that I have directly, the conditional is a must.
Updated: Rikutojam contacted me giving more information. Here are her words:
Hi I’m rikutojam resident
①The Linden lab charge of the economic issue.
② and they leave the name as an owner.
③Linden-lab and we talk with them for we form a reliable volunteer group.
④We will keep the view of the world of Chouchou…
We discussed various problems day after day.
but However, the answer from a SIM owner was not provided yet.
but the most important thing is to respect the decision of the owner.
We talked about it on the first day.
I wasn’t optimistic because I knew that an issue is not one,
But We really did our best.
The Chouchou affair has raised interesting points of reflection about the notion of “intellectual property” and how this aspect is dealt with by the same LL.
The legal aspects are varied, and the nuances in the various controversial situations are relevant and exciting at the same time. Before making my observations on the intellectual property concerning the creations made in SL, I specify that:
- English is not my mother tongue;
- I do not know American legislation since I am Italian.
Despite this, this morning, I had a headache to translate SL’s ToS and the links that LL shared to learn more about the subject.
About the question of Chouchou, given that it seems that the LL has already succeeded in getting in touch with the owners, the question that everyone cares about is:
“In the unfortunate hypothesis that the Chouchou’s owners want to dispose of their work, despite the offer by LL to preserve it without costs, can the same LL retain it without the owners’ authorization?”.
If it were that simple, Patch Linden would not talk about the “Second Life Region Preservation Society.” I believe this observation is indisputable. If LL had the exclusive power to keep Chouchou, Patch would have simply announced to the Community their determination to preserve the location.
The contents of Chouchou are all original, from objects to music. And I think everyone agrees that Chouchou wouldn’t be the same without the original music that is in that location. The success of Chouchou is by factors set, which of the music and the original contents are surely the predominant aspect. The music rights are obviously of its authors, but also the unique objects that were not designed and created for sale, but only for the exhibition, are an exclusive right of the owners. As if to say, in simple words, that the LL provides the tools to develop one’s own creativity, but the copyright on the created object lies with its author. So if its author decides to dispose of it, the LL acknowledges it, but cannot intervene. Or, at least, so I understand that.
In exceptional cases, like that of Chouchou, we know that when the object of creation is particularly interesting for the community, LL offers to preserve the work carried out at no cost to the creator. But the creator must agree. Without this consent, storage is not feasible.
I was interested in this topic thanks to Inara Pey, who wrote an excellent comment on my previous post that I invite you to read.
I wanted to write a post about this topic because I’m reading comments in the various socials that show great confusion about the intellectual property of their creations to LL.
I found a lot of information about LL’s rights to its intellectual property, but less to the intellectual property of SL users to the LL.
The real question, in simple words, is:
“What I create uniquely and originally, is it mine, or is it LL’s property?”
It depends. If I create a dress and sell it, I give the right to use it to other people in exchange for money. If I create a dress for my exclusive use (for example, because I want to have just that dress model), LL cannot allow others to use the object that I created. It can’t do it under any circumstances, even if I decide to get out of SL, just to give an example.
Is that so? What do you think? If you have useful links on the subject, don’t be stingy … share in a comment! ☺