I wrote last week (1, 2) about the CopyBot tool in Second Life, which can make an exact lookalike copy of any object, and the efforts of users to contain CopyBot’s social and economic effects. Attempts to stop CopyBot by technology will ultimately fail – in a virtual world, anything visible is copyable – so attention will turn, inevitably, to legal tactics.
One such tactic is the DMCA takedown notice. Second Life lets users keep the copyright in virtual objects they create, so the creator of a virtual object has a legal right to stop others from copying it (with standard exceptions such as fair use). The Digital Millennium Copyright Act (DMCA), among its other provisions, exempts service providers such as Second Life from liability for copyrighted stuff posted by users, provided that Second Life implements the DMCA’s notice and takedown procedure. Under this procedure, if you see an infringing copy of your material on Second Life, you can send a notice containing certain information to Second Life, and they have to respond by taking down the accused material. (For further details consult your neighborhood copyright lawyer.)
Let’s apply this to a specific example. Alice designs a spiffy new hot air balloon that everyone covets. Bob uses CopyBot to make his own replica of the balloon, which he starts riding around the skies. Alice discovers this and sends a takedown notice to Second Life. Bob’s balloon is then “taken down” – it disappears from the world, as in the classic cartoon Duck Amuck, where the animator’s eraser plays havoc with Daffy Duck’s world.
But surely Bob isn’t the only one riding in a copied balloon. Others may have CopyBotted their own balloons or bought a balloon copy from Bob. It’s tedious for Alice to write and send a takedown notice every time she sees a copied balloon.
What Alice needs is a takedown gun. When she sees an infringing balloon, she just points the takedown gun at it and pulls the trigger. The takedown gun does the rest, gathering the necessary information and sending a takedown notice, dooming the targeted balloon to eventual destruction. It’s perfectly feasible to create a takedown gun, thanks to Second Life’s rich tools for object creation. It’s a gun that shoots law rather than bullets.
For extra style points, Alice can program the gun so that it refuses to shoot at balloons that she herself built. To do this, she programs the gun, before it fires, to issue a cryptographic challenge to the balloon. Authorized balloons will know a secret key that allows them to respond correctly to the challenge. But unauthorized copies of the balloon won’t know the key, because the key is built into the object’s scripted behavior, which CopyBot can’t duplicate. (Exercise for computer security students: how exactly would this protocol work?)
But of course there is a small problem with abuse of takedown guns. To send a takedown notice, the law says you must be (or represent) the copyright owner and you must have a good faith belief that the targeted object is infringing. Alice might be careful to shoot the gun only at objects that appear to infringe her copyright; but others might not be so careful. Indiscriminate use of a takedown gun will get you in legal trouble for sending bogus takedown notices.
As the music industry has learned, when copying is easy, laws against copying are very hard to enforce.