Comments on: Bragg vs. Linden - Interview http://forge.ironrealms.com/2007/08/30/bragg-vs-linden-interview/ A blog on virtual worlds, games, and digital content, from Matt Mihaly Thu, 24 Jul 2008 15:05:43 +0000 http://wordpress.org/?v=2.0.3 by: Andrew Crystall http://forge.ironrealms.com/2007/08/30/bragg-vs-linden-interview/#comment-30126 Mon, 03 Sep 2007 11:27:39 +0000 http://forge.ironrealms.com/2007/08/30/bragg-vs-linden-interview/#comment-30126 Heh. It's a point about standards of proof. Web hosting, very easy to take someone's down. Remote goods storage, only the government is allowed to confiscate it. I'm not seeing why there should be a difference. The concept that an item is treated differently simply because you can only access it through an interface is... interesting. Because y'know, you access your bank account through an interface. Heh.

It’s a point about standards of proof.

Web hosting, very easy to take someone’s down.
Remote goods storage, only the government is allowed to confiscate it.

I’m not seeing why there should be a difference. The concept that an item is treated differently simply because you can only access it through an interface is… interesting. Because y’know, you access your bank account through an interface.

]]> by: Matt http://forge.ironrealms.com/2007/08/30/bragg-vs-linden-interview/#comment-29798 Fri, 31 Aug 2007 17:10:35 +0000 http://forge.ironrealms.com/2007/08/30/bragg-vs-linden-interview/#comment-29798 You don't own your web hosting account either. You might own what you put there, but the actual web hosting account you don't own. Web hosts don't induce you to use them by telling you that you own the web account either, unlike Linden. You don’t own your web hosting account either. You might own what you put there, but the actual web hosting account you don’t own. Web hosts don’t induce you to use them by telling you that you own the web account either, unlike Linden.

]]> by: Andrew Crystall http://forge.ironrealms.com/2007/08/30/bragg-vs-linden-interview/#comment-29772 Fri, 31 Aug 2007 12:54:10 +0000 http://forge.ironrealms.com/2007/08/30/bragg-vs-linden-interview/#comment-29772 "That the idea of “land” in Second Life as an object to be owned rather than a server to be accessed is fallacious" And that's where I shake my head. I have remote storage, in which I have several sealed containers. I can send them more sealed containers, and pay more, or have some sent back, and pay less. This is...remarkably like web hosting. In any case the next time this comes up, if Bragg wins you won't see a terminated account, you'll be seeing a fraud lawsuit.... “That the idea of “land” in Second Life as an object to be owned rather than a server to be accessed is fallacious”

And that’s where I shake my head. I have remote storage, in which I have several sealed containers. I can send them more sealed containers, and pay more, or have some sent back, and pay less. This is…remarkably like web hosting.

In any case the next time this comes up, if Bragg wins you won’t see a terminated account, you’ll be seeing a fraud lawsuit….

]]> by: Benjamin Duranske http://forge.ironrealms.com/2007/08/30/bragg-vs-linden-interview/#comment-29675 Thu, 30 Aug 2007 21:28:28 +0000 http://forge.ironrealms.com/2007/08/30/bragg-vs-linden-interview/#comment-29675 Thanks for the note. I've noted this in the comments there, but I should point out that I've offered a similar interview to lead counsel for Linden Lab, but haven't heard anything back yet. Not that surprising, as a lot of firms have policies against that kind of thing, but I want to make it clear I gave both sides a shot here. I think that the passage you picked out is key. If they try too hard to paint Bragg's actions as reasonable, they risk alienating a potential jury (assuming this gets that far). I got the impression (this was by voice, so he was responding off the cuff) that Archinaco was pretty comfortable just saying, "hey... so what if he was doing something shady, they did something much worse in taking the rest of what they'd previously sold him legitimately." It will be interesting to see how it plays out. Thanks for the note. I’ve noted this in the comments there, but I should point out that I’ve offered a similar interview to lead counsel for Linden Lab, but haven’t heard anything back yet. Not that surprising, as a lot of firms have policies against that kind of thing, but I want to make it clear I gave both sides a shot here.

I think that the passage you picked out is key. If they try too hard to paint Bragg’s actions as reasonable, they risk alienating a potential jury (assuming this gets that far). I got the impression (this was by voice, so he was responding off the cuff) that Archinaco was pretty comfortable just saying, “hey… so what if he was doing something shady, they did something much worse in taking the rest of what they’d previously sold him legitimately.” It will be interesting to see how it plays out.

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