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	<title>Comments on: Gotham: City of Heroes &#8211; And Villains, Too</title>
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	<description>Always Fairly Unbalanced</description>
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		<title>By: Ebak Naglo</title>
		<link>http://alphavilleherald.com/2008/09/gotham-city-of.html/comment-page-1#comment-10057</link>
		<dc:creator>Ebak Naglo</dc:creator>
		<pubDate>Sat, 29 Nov 2008 07:56:56 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=571#comment-10057</guid>
		<description>I am a current resident and role-player in Gotham city and if anyone of the Herald would like an inteview, I&#039;d be glad to oblige.
</description>
		<content:encoded><![CDATA[<p>I am a current resident and role-player in Gotham city and if anyone of the Herald would like an inteview, I&#8217;d be glad to oblige.</p>
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		<title>By: Neo Citizen</title>
		<link>http://alphavilleherald.com/2008/09/gotham-city-of.html/comment-page-1#comment-10056</link>
		<dc:creator>Neo Citizen</dc:creator>
		<pubDate>Fri, 12 Sep 2008 12:55:30 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=571#comment-10056</guid>
		<description>To Jessica: as I understand the case, Marvel was saying not only that the platform allowed their heroes to be recreated on the service, but that it was actually being done.  Then they provided &quot;proof&quot; that it was, by doing it themselves and then taking screenshots of their efforts in-game, claiming that it was the work of actual users.  Essentially they were faking evidence, and that&#039;s what got the whole thing thrown out.  Well, that and the fact that they couldn&#039;t prove they were actually being damaged by this in any material, measurable sense, that was the rest of it.
</description>
		<content:encoded><![CDATA[<p>To Jessica: as I understand the case, Marvel was saying not only that the platform allowed their heroes to be recreated on the service, but that it was actually being done.  Then they provided &#8220;proof&#8221; that it was, by doing it themselves and then taking screenshots of their efforts in-game, claiming that it was the work of actual users.  Essentially they were faking evidence, and that&#8217;s what got the whole thing thrown out.  Well, that and the fact that they couldn&#8217;t prove they were actually being damaged by this in any material, measurable sense, that was the rest of it.</p>
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		<title>By: Neo Citizen</title>
		<link>http://alphavilleherald.com/2008/09/gotham-city-of.html/comment-page-1#comment-10055</link>
		<dc:creator>Neo Citizen</dc:creator>
		<pubDate>Fri, 12 Sep 2008 12:49:30 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=571#comment-10055</guid>
		<description>I can&#039;t disagree with you there - they&#039;ll definitely go after somebody whom they think is cutting into their market share.  I&#039;m just saying that it&#039;ll have to be more than a few thousand dollars here or there to get them to even notice.  Remember again that Time Warner is a $77B company, so nobody in SL is going to be attracting their attention. Also, I don&#039;t seriously expect that SL will be suddenly getting a reputation for cutting into DC&#039;s market share for their MMO unless Linden Lab itself decides to start funding those activities directly and going out of their way to point that out.  I don&#039;t think anybody really expects them to do that.  Where would the profit be in it?

You&#039;ve pointed out the bigger threat, though, which is the issue of Fair Use under U.S. copyright law.  On the one hand, you have the intellectual property companies like Time Warner, Paramount, Sony and others, whose content is being used in SL, often without their permission.  On the other hand, the expense and confusion of policing something like Second Life for these kinds of violations could very likely far exceed any potential value to the owners of that intellectual content.  Speaking from the perspective of somebody who deals with the security of IP on a daily basis (I work for one of these IP holders, but I can&#039;t say for which one here), these companies tend to only choose battles they think not only that they can win, but that are worth winning.

Before Sony bought Paramount Pictures, Paramount was waging a legal campaign against Star Trek fan sites for nearly a decade.  The resulting fandom backlash created so much of a public image problem for Paramount that they had to drop it - and all they were really doing was playing &quot;whack a mole&quot; with the fan sites anyway.  I think the IP industry has matured in that respect to some degree - they&#039;re not quite so willing to bite the hand that feeds them as they once were.

To address your last comment, &quot;SL isn&#039;t that much of a threat now, but in the future it may be.&quot;  The thing that makes SL cool is its user-created content, but that&#039;s also what makes the run-time engine so crappy and slow compared to other services.  Anyone can make anything, or change anything in real time, so you can&#039;t pre-bake the rendered environment.  That makes most of the cheats and speedups used in modern games useless, so SL looks ten years old.  Apart from the social phenomenon SL represents, I don&#039;t see it climbing any further up the food chain than it already is, relatively speaking.  I certainly don&#039;t see it becoming a sharp enough focal point to draw business away from DC comics unless the whole platform underwent a paradigm shift so that it could focus just on that, and even then...
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		<content:encoded><![CDATA[<p>I can&#8217;t disagree with you there &#8211; they&#8217;ll definitely go after somebody whom they think is cutting into their market share.  I&#8217;m just saying that it&#8217;ll have to be more than a few thousand dollars here or there to get them to even notice.  Remember again that Time Warner is a $77B company, so nobody in SL is going to be attracting their attention. Also, I don&#8217;t seriously expect that SL will be suddenly getting a reputation for cutting into DC&#8217;s market share for their MMO unless Linden Lab itself decides to start funding those activities directly and going out of their way to point that out.  I don&#8217;t think anybody really expects them to do that.  Where would the profit be in it?</p>
<p>You&#8217;ve pointed out the bigger threat, though, which is the issue of Fair Use under U.S. copyright law.  On the one hand, you have the intellectual property companies like Time Warner, Paramount, Sony and others, whose content is being used in SL, often without their permission.  On the other hand, the expense and confusion of policing something like Second Life for these kinds of violations could very likely far exceed any potential value to the owners of that intellectual content.  Speaking from the perspective of somebody who deals with the security of IP on a daily basis (I work for one of these IP holders, but I can&#8217;t say for which one here), these companies tend to only choose battles they think not only that they can win, but that are worth winning.</p>
<p>Before Sony bought Paramount Pictures, Paramount was waging a legal campaign against Star Trek fan sites for nearly a decade.  The resulting fandom backlash created so much of a public image problem for Paramount that they had to drop it &#8211; and all they were really doing was playing &#8220;whack a mole&#8221; with the fan sites anyway.  I think the IP industry has matured in that respect to some degree &#8211; they&#8217;re not quite so willing to bite the hand that feeds them as they once were.</p>
<p>To address your last comment, &#8220;SL isn&#8217;t that much of a threat now, but in the future it may be.&#8221;  The thing that makes SL cool is its user-created content, but that&#8217;s also what makes the run-time engine so crappy and slow compared to other services.  Anyone can make anything, or change anything in real time, so you can&#8217;t pre-bake the rendered environment.  That makes most of the cheats and speedups used in modern games useless, so SL looks ten years old.  Apart from the social phenomenon SL represents, I don&#8217;t see it climbing any further up the food chain than it already is, relatively speaking.  I certainly don&#8217;t see it becoming a sharp enough focal point to draw business away from DC comics unless the whole platform underwent a paradigm shift so that it could focus just on that, and even then&#8230;</p>
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		<title>By: A is for Anonymous</title>
		<link>http://alphavilleherald.com/2008/09/gotham-city-of.html/comment-page-1#comment-10054</link>
		<dc:creator>A is for Anonymous</dc:creator>
		<pubDate>Thu, 11 Sep 2008 23:32:29 +0000</pubDate>
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		<description>So based on the fact they havent done it yet you claim that any comic fanboys are immune and safe.

OH OKAY.

Just because they havent done it yet or did it years ago doesnt mean they wont ever do it. It&#039;s just not on their plate atm.

once dc comics online picks up, they will probably go after anyone eho may be cutting into their market share. SL isnt that much of a threat now, but in the future it may be. Then there&#039;s the offchance that they may not realise it.
</description>
		<content:encoded><![CDATA[<p>So based on the fact they havent done it yet you claim that any comic fanboys are immune and safe.</p>
<p>OH OKAY.</p>
<p>Just because they havent done it yet or did it years ago doesnt mean they wont ever do it. It&#8217;s just not on their plate atm.</p>
<p>once dc comics online picks up, they will probably go after anyone eho may be cutting into their market share. SL isnt that much of a threat now, but in the future it may be. Then there&#8217;s the offchance that they may not realise it.</p>
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		<title>By: Neo Citizen</title>
		<link>http://alphavilleherald.com/2008/09/gotham-city-of.html/comment-page-1#comment-10053</link>
		<dc:creator>Neo Citizen</dc:creator>
		<pubDate>Thu, 11 Sep 2008 14:19:29 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=571#comment-10053</guid>
		<description>Not sure who &quot;A&quot; for whatever &quot;A&quot; really stands for is, (or who he thinks he&#039;s talking to?  Seems really confused.  ) but if Marvel or DC were going to file any DMCA&#039;s, they&#039;d have done it years ago.  It&#039;s not that a lawsuit or a DMCA isn&#039;t technically possible - it&#039;s that for that to happen it would have to register as some sort of financial risk if they didn&#039;t.  So, yes, correct, &quot;A&quot;, still possible from a legal mechanics standpoint, but no, not likely at all from a corporate motivation standpoint.  The motivation for them to take that kind of action just isn&#039;t there, and frankly their attention is focused intensely elsewhere on other media that actually makes them money.
</description>
		<content:encoded><![CDATA[<p>Not sure who &#8220;A&#8221; for whatever &#8220;A&#8221; really stands for is, (or who he thinks he&#8217;s talking to?  Seems really confused.  ) but if Marvel or DC were going to file any DMCA&#8217;s, they&#8217;d have done it years ago.  It&#8217;s not that a lawsuit or a DMCA isn&#8217;t technically possible &#8211; it&#8217;s that for that to happen it would have to register as some sort of financial risk if they didn&#8217;t.  So, yes, correct, &#8220;A&#8221;, still possible from a legal mechanics standpoint, but no, not likely at all from a corporate motivation standpoint.  The motivation for them to take that kind of action just isn&#8217;t there, and frankly their attention is focused intensely elsewhere on other media that actually makes them money.</p>
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		<title>By: A is for Anonymous</title>
		<link>http://alphavilleherald.com/2008/09/gotham-city-of.html/comment-page-1#comment-10052</link>
		<dc:creator>A is for Anonymous</dc:creator>
		<pubDate>Wed, 10 Sep 2008 23:01:16 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=571#comment-10052</guid>
		<description>Wow, neo citizen reeks of arrogance. I often find that arrogant people tend to be morons.

First, like a true tard, he assumes because one lawsuit failed, that the sl comic book &quot;fandom&quot; is safe. This is a common myth. Most fandoms think they&#039;re immune to lawsuits and will get as ballsy as selling copywritten content because &quot;they&#039;re fans&quot; or using someone else&#039;s creation.

Marvel, DC, and any other company dont even have to sue to get rid of a chunk of you asshats. They just have to send a DMCA complaint to Linden Labs, and I know you know that LL folds under pressure very quickly. You AR the shit out of people and pressure the lindens into responding to your abuse and doing what you want. or they fold when the media puts pressure on them.

Also, assuming everyone&#039;s a teenager that you dont like or acts in a way you dont like is arrogant as hell.
</description>
		<content:encoded><![CDATA[<p>Wow, neo citizen reeks of arrogance. I often find that arrogant people tend to be morons.</p>
<p>First, like a true tard, he assumes because one lawsuit failed, that the sl comic book &#8220;fandom&#8221; is safe. This is a common myth. Most fandoms think they&#8217;re immune to lawsuits and will get as ballsy as selling copywritten content because &#8220;they&#8217;re fans&#8221; or using someone else&#8217;s creation.</p>
<p>Marvel, DC, and any other company dont even have to sue to get rid of a chunk of you asshats. They just have to send a DMCA complaint to Linden Labs, and I know you know that LL folds under pressure very quickly. You AR the shit out of people and pressure the lindens into responding to your abuse and doing what you want. or they fold when the media puts pressure on them.</p>
<p>Also, assuming everyone&#8217;s a teenager that you dont like or acts in a way you dont like is arrogant as hell.</p>
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		<title>By: Stephie</title>
		<link>http://alphavilleherald.com/2008/09/gotham-city-of.html/comment-page-1#comment-10051</link>
		<dc:creator>Stephie</dc:creator>
		<pubDate>Wed, 10 Sep 2008 19:06:10 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=571#comment-10051</guid>
		<description>&quot;Honestly, for a bunch of &quot;megatrolls&quot;, you&#039;re pretty easily manipulated.&quot;

I lol&#039;d.
</description>
		<content:encoded><![CDATA[<p>&#8220;Honestly, for a bunch of &#8220;megatrolls&#8221;, you&#8217;re pretty easily manipulated.&#8221;</p>
<p>I lol&#8217;d.</p>
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		<title>By: Alyx Stoklitsky</title>
		<link>http://alphavilleherald.com/2008/09/gotham-city-of.html/comment-page-1#comment-10050</link>
		<dc:creator>Alyx Stoklitsky</dc:creator>
		<pubDate>Wed, 10 Sep 2008 17:57:01 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=571#comment-10050</guid>
		<description>On another note, have you Justicefags even found the present I left you in your sim yet?
</description>
		<content:encoded><![CDATA[<p>On another note, have you Justicefags even found the present I left you in your sim yet?</p>
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		<title>By: Jessica Holyoke</title>
		<link>http://alphavilleherald.com/2008/09/gotham-city-of.html/comment-page-1#comment-10049</link>
		<dc:creator>Jessica Holyoke</dc:creator>
		<pubDate>Wed, 10 Sep 2008 13:51:45 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=571#comment-10049</guid>
		<description>Sorry, not enough caffeine before I commented.

What I meant to say was that Marvel sued NCSoft because City of Heroes &quot;could&quot; have characters that resembled Marvel comic characters.  And Marvel tried to prove that by creating Marvel comic characters using the NCSoft program.

Which is different than saying here&#039;s a sim where you could act out your Gotham fantasies when you are trying to have a pay service for that.  I would say that would be slightly different because you are theoretically losing a sale if someone uses the Gotham City sim instead of your own online service.

On the other side, if I can&#039;t be Black Canary in Gotham because a sim founder already filled that role, then I might be willing to pay in order to play that character in a simulation of Gotham City somewhere else.



</description>
		<content:encoded><![CDATA[<p>Sorry, not enough caffeine before I commented.</p>
<p>What I meant to say was that Marvel sued NCSoft because City of Heroes &#8220;could&#8221; have characters that resembled Marvel comic characters.  And Marvel tried to prove that by creating Marvel comic characters using the NCSoft program.</p>
<p>Which is different than saying here&#8217;s a sim where you could act out your Gotham fantasies when you are trying to have a pay service for that.  I would say that would be slightly different because you are theoretically losing a sale if someone uses the Gotham City sim instead of your own online service.</p>
<p>On the other side, if I can&#8217;t be Black Canary in Gotham because a sim founder already filled that role, then I might be willing to pay in order to play that character in a simulation of Gotham City somewhere else.</p>
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		<title>By: Neo Citizen</title>
		<link>http://alphavilleherald.com/2008/09/gotham-city-of.html/comment-page-1#comment-10048</link>
		<dc:creator>Neo Citizen</dc:creator>
		<pubDate>Wed, 10 Sep 2008 13:20:39 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=571#comment-10048</guid>
		<description>(Apparently Alyx and friends are having their own separate butthurt conversation .. *sigh*.  Teenagers.  Oh, and thanks for reinforcing what I&#039;ve been saying all along, that IntLibber Brautigan hires hooligans to run his sims - that really helps IntLibber&#039;s bottom line, doncha know?  I&#039;m sure he&#039;ll be thrilled with your outing yourself in print - again.  Honestly, for a bunch of &quot;megatrolls&quot;, you&#039;re pretty easily manipulated.

Of course, there&#039;s always the possibility that that last post wasn&#039;t really Alyx but somebody trying to sockpuppet him.  The real Alyx isn&#039;t really quite that feckless.  I don&#039;t think.)

That&#039;s true, really, Jessica, you have a point.  Marvel did first look at going after individuals, but the financial realities of filing such a lawsuit pretty much demanded that they go after somebody from whom they stood a chance of actually getting some satisfaction from, i.e., NCSoft.  The simple mathematics of going after individual users of a service would have been like playing whack-a-mole.  They might go through the complex and expensive dance of legal action against each individual, only to have to repeat it again in a month with the next person.

So basically, Marvel went for the big target.  Time Warner will be disinclined to sue Linden Lab, because there&#039;s no legal precedent of anyone ever winning a case like this against an MMO - and that&#039;s really the only target big enough to warrant their attention.  Everybody else is too small to gamble the legal expenses on the chance of winning what would be little more than a symbolic victory. Before the lawyers get the green light to sue, the accounting department gets a vote.  If they don&#039;t see piles of money waiting for them on the other side, the whole idea gets tossed.

I share your sentiments regarding the RIAA - Jonathan Coulton wrote a &quot;Podsafe Christmas Song&quot; which sums up the sentiment nicely: http://www.youtube.com/watch?v=50UhOdBHsQg



</description>
		<content:encoded><![CDATA[<p>(Apparently Alyx and friends are having their own separate butthurt conversation .. *sigh*.  Teenagers.  Oh, and thanks for reinforcing what I&#8217;ve been saying all along, that IntLibber Brautigan hires hooligans to run his sims &#8211; that really helps IntLibber&#8217;s bottom line, doncha know?  I&#8217;m sure he&#8217;ll be thrilled with your outing yourself in print &#8211; again.  Honestly, for a bunch of &#8220;megatrolls&#8221;, you&#8217;re pretty easily manipulated.</p>
<p>Of course, there&#8217;s always the possibility that that last post wasn&#8217;t really Alyx but somebody trying to sockpuppet him.  The real Alyx isn&#8217;t really quite that feckless.  I don&#8217;t think.)</p>
<p>That&#8217;s true, really, Jessica, you have a point.  Marvel did first look at going after individuals, but the financial realities of filing such a lawsuit pretty much demanded that they go after somebody from whom they stood a chance of actually getting some satisfaction from, i.e., NCSoft.  The simple mathematics of going after individual users of a service would have been like playing whack-a-mole.  They might go through the complex and expensive dance of legal action against each individual, only to have to repeat it again in a month with the next person.</p>
<p>So basically, Marvel went for the big target.  Time Warner will be disinclined to sue Linden Lab, because there&#8217;s no legal precedent of anyone ever winning a case like this against an MMO &#8211; and that&#8217;s really the only target big enough to warrant their attention.  Everybody else is too small to gamble the legal expenses on the chance of winning what would be little more than a symbolic victory. Before the lawyers get the green light to sue, the accounting department gets a vote.  If they don&#8217;t see piles of money waiting for them on the other side, the whole idea gets tossed.</p>
<p>I share your sentiments regarding the RIAA &#8211; Jonathan Coulton wrote a &#8220;Podsafe Christmas Song&#8221; which sums up the sentiment nicely: <a href="http://www.youtube.com/watch?v=50UhOdBHsQg" rel="nofollow">http://www.youtube.com/watch?v=50UhOdBHsQg</a></p>
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