November 23, 2024

Second Life Welcomes Bank Regulators

Linden Lab, the company that runs the popular virtual world Second Life, announced Tuesday that all in-world “banks” must now be registered with real-world banking regulators:

As of January 22, 2008, it will be prohibited to offer interest or any direct return on an investment (whether in L$ or other currency) from any object, such as an ATM, located in Second Life, without proof of an applicable government registration statement or financial institution charter. We’re implementing this policy after reviewing Resident complaints, banking activities, and the law, and we’re doing it to protect our Residents and the integrity of our economy.

This is a significant step. Thus far Second Life, like other virtual worlds, has tried to avoid entanglement with heavyweight real-world regulatory agencies. Now they are welcoming banking regulation. The reason is simple: unregulated “banks” were out of control.

Since the collapse of Ginko Financial in August 2007, Linden Lab has received complaints about several in-world “banks” defaulting on their promises. These banks often promise unusually high rates of L$ return, reaching 20, 40, or even 60 percent annualized.

Usually, we don’t step in the middle of Resident-to-Resident conduct – letting Residents decide how to act, live, or play in Second Life.

But these “banks” have brought unique and substantial risks to Second Life, and we feel it’s our duty to step in. Offering unsustainably high interest rates, they are in most cases doomed to collapse – leaving upset “depositors” with nothing to show for their investments. As these activities grow, they become more likely to lead to destabilization of the virtual economy. At least as important, the legal and regulatory framework of these non-chartered, unregistered banks is unclear, i.e., what their duties are when they offer “interest” or “investments.”

This was inevitable, given the ever-growing connections between the virtual economy of Second Life and the real-world economy. In-world Linden Dollars are exchangeable for real-world dollars, so financial crime in Second Life can make you rich in the real world. Linden doesn’t have the processes in place to license “banks” or investigate problems. Nor does it have the enforcement muscle to put bad guys in jail.

Expect this trend to continue. As virtual world “games” are played for higher and higher stakes, the regulatory power of national governments will look more and more necessary.

Scoble/Facebook Incident: It's Not About Data Ownership

Last week Facebook canceled, and then reinstated, Robert Scoble’s account because he was using an automated script to export information about his Facebook friends to another service. The incident triggered a vigorous debate about who was in the right. Should Scoble be allowed to export this data from Facebook in the way he did? Should Facebook be allowed to control how the data is presented and used? What about the interests of Scoble’s friends?

An interesting meme kept popping up in this debate: the idea that somebody owns the data. Kara Swisher says the data belong to Scoble:

Thus, [Facebook] has zero interest in allowing people to escape easily if they want to, even though THE INFORMATION ON FACEBOOK IS THEIRS AND NOT FACEBOOK’S.

Sorry for the caps, but I wanted to be as clear as I could: All that information on Facebook is Robert Scoble’s. So, he should–even if he agreed to give away his rights to move it to use the service in the first place (he had no other choice if he wanted to join)–be allowed to move it wherever he wants.

Nick Carr disagrees, saying the data belong to Scoble’s friends:

Now, if you happen to be one of those “friends,” would you think of your name, email address, and birthday as being “Scoble’s data” or as being “my data.” If you’re smart, you’ll think of it as being “my data,” and you’ll be very nervous about the ability of someone to easily suck it out of Facebook’s database and move it into another database without your knowledge or permission. After all, if someone has your name, email address, and birthday, they pretty much have your identity – not just your online identity, but your real-world identity.

Scott Karp asks whether “Facebook actually own your data because you agreed to that ownership in the Terms of Service.” And Louis Gray titles his post “The Data Ownership Wars Are Heating Up”.

Where did we get this idea that facts about the world must be owned by somebody? Stop and consider that question for a minute, and you’ll see that ownership is a lousy way to think about this issue. In fact, much of the confusion we see stems from the unexamined assumption that the facts in question are owned.

It’s worth noting, too, that even today’s expansive intellectual property regimes don’t apply to the data at issue here. Facts aren’t copyrightable; there’s no trade secret here; and this information is outside the subject matter of patents and trademarks.

Once we give up the idea that the fact of Robert Scoble’s friendship with (say) Lee Aase, or the fact that that friendship has been memorialized on Facebook, has to be somebody’s exclusive property, we can see things more clearly. Scoble and Aase both have an interest in the facts of their Facebook-friendship and their real friendship (if any). Facebook has an interest in how its computer systems are used, but Scoble and Aase also have an interest in being able to access Facebook’s systems. Even you and I have an interest here, though probably not so strong as the others, in knowing whether Scoble and Aase are Facebook-friends.

How can all of these interests best be balanced in principle? What rights do Scoble, Aase, and Facebook have under existing law? What should public policy says about data access? All of these are difficult questions whose answers we should debate. Declaring these facts to be property doesn’t resolve the debate – all it does is rule out solutions that might turn out to be the best.

2008 Predictions

Here are the official Freedom to Tinker predictions for 2008, based on input by Alex Halderman, David Robinson, Dan Wallach, and me.

(1) DRM technology will still fail to prevent widespread infringement. In a related development, pigs will still fail to fly.

(2) Copyright issues will still be gridlocked in Congress.

(3) No patent reform bill will be passed. Baby steps toward a deal between the infotech and biotech industries won’t lead anywhere.

(4) DRM-free sales will become standard in the music business. The movie studios will flirt with the idea of DRM-free sales but won’t take the plunge, yet.

(5) The 2008 elections will not see an e-voting meltdown of Florida 2000 proportions, but a bevy of smaller problems will be reported, further fueling the trend toward reform.

(6) E-voting lawsuits will abound, with voters suing officials, officials suing other officials, and officials suing vendors (or vice versa).

(7) Second Life will jump the shark and the cool kids will start moving elsewhere; but virtual worlds generally will lumber on.

(8) MySpace will begin its long decline, losing customers for the first time.

(9) The trend toward open cellular data networks will continue, but not as quickly as optimists had hoped.

(10) If a Democrat wins the White House, we’ll hear talk about reinvigorated antitrust enforcement in the tech industries. (But of course it will all be talk, as the new administration won’t take office until 2009.)

(11) A Facebook application will cause a big privacy to-do.

(12) There will be calls for legislation to create a sort of Web 2.0 user’s bill of rights, giving users rights to access and extract information held by sites; but no action will be taken.

(13) An epidemic of news stories about teenage webcam exhibitionism will lead to calls for regulation.

(14) Somebody will get Skype or a similar VoIP client running on an Apple iPhone and it will, at least initially, operate over AT&T’s cellular phone network. AT&T and/or Apple will go out of their way to break this, either by filtering the network traffic or by locking down the iPhone.

Feel free to offer your own predictions in the comments.

2007 Predictions Scorecard

As usual, we’ll start the new year by reviewing the predictions we made for the previous year. Here now, our 2007 predictions, in italics, with hindsight in ordinary type.

(1) DRM technology will still fail to prevent widespread infringement. In a related development, pigs will still fail to fly.

We predict this every year, and it’s always right. This prediction is so obvious that it’s almost unfair to count it. Verdict: right.

(2) An easy tool for cloning MySpace pages will show up, and young users will educate each other loudly about the evils of plagiarism.

This didn’t happen. Anyway, MySpace seems less relevant now than it did a year ago. Verdict: wrong.

(3) Despite the ascent of Howard Berman (D-Hollywood) to the chair of the House IP subcommittee, copyright issues will remain stalemated in Congress.

As predicted, not much happened in Congress on the copyright front. As usual, some bad bills were proposed, but none came close to passage. Verdict: right.

(4) Like the Republicans before them, the Democrats’ tech policy will disappoint. <ionly a few incumbent companies will be happy.

Very little changed. For the most part, tech policy issues do not break down neatly along party lines. Verdict: right.

(5) Major record companies will sell a significant number of MP3s, promoting them as compatible with everything. Movie studios won’t be ready to follow suit, persisting in their unsuccessful DRM strategy.

Two of the four major record companies now sell MP3s, and a third announced it will soon start. I haven’t seen sales statistics, but given that Amazon’s store sells only MP3s, sales can’t be too low. As predicted, movie studies are still betting on DRM. Verdict: right.

(6) Somebody will figure out the right way to sell and place video ads online, and will get very rich in the process. (We don’t know how they’ll do it. If we did, we wouldn’t be spending our time writing this blog.)

This didn’t happen. Verdict: wrong.

(7) Some mainstream TV shows will be built to facilitate YouTubing, for example by structuring a show as a series of separable nine-minute segments.

I thought this was a clever prediction, but it didn’t happen. The biggest news in commercial TV this year was the writers’ strike. Verdict: wrong.

(8) AACS, the encryption system for next-gen DVDs, will melt down and become as ineffectual as the CSS system used on ordinary DVDs.

AACS was defeated and you can now buy commercial software that circumvents it. Verdict: right.

(9) Congress will pass a national law regarding data leaks. It will be a watered-down version of the California law, and will preempt state laws.

There was talk about doing this but no bill was passed. Verdict: wrong.

(10) A worm infection will spread on game consoles.

To my knowledge this didn’t happen. It’s a good thing, too, because the closed nature of many game consoles would make a successful worm infection particularly challenging to stamp out. Verdict: wrong.

(11) There will be less attention to e-voting as the 2008 election seems far away and the public assumes progress is being made. The Holt e-voting bill will pass, ratifying the now-solid public consensus in favor of paper trails.

Attention to e-voting was down a bit. Despite widespread public unhappiness with paperless voting, the Holt bill did not pass, mostly due to pushback from state and local officials. Rep. Holt is reportedly readying a more limited bill for introduction in January. Verdict: mostly wrong.

(12) Bogus airport security procedures will peak and start to decrease.

Bogus procedures may or may not have peaked, but I didn’t see any decrease. Verdict: unclear.

(13) On cellphones, software products will increasingly compete independent of hardware.

There was a modest growth of third-party software applications for cellphones, including some cross-platform applications. But there was less of this than we predicted. Verdict: mostly wrong.

Our overall score: five right, two mostly wrong, five wrong, one unclear. Next: our predictions for 2008.

Three Down, One to Go: Warner Music to Sell MP3s

Warner Music will sell music through Amazon’s online store without DRM (copy protection) technology, according to a New York Times story by Jeff Leeds. This is a big step for Warner, given that earlier this year Warner CEO Edgar Bronfman said that selling MP3s would be “completely without logic or merit.”

The next question is whether Warner will make a deal with Apple to sell MP3s on iTunes too. The NYT article says Warner plans to do so, but the LA Times implies the opposite. The two other majors that sell MP3s are split on this point, with EMI selling MP3s through multiple stores including iTunes, and Universal Music selling MP3s through other online stores but refusing to do so through iTunes. Is Warner willing to inconvenience its customers in order to undercut Apple?

By the way, the Times article makes a simple but common mistake, in saying that “the industry faces increasing pressure to bolster digital music sales as its traditional business — selling CDs — suffers a sharp decline.” CDs are digital too, and they lack DRM (attempts to add DRM to CDs failed disastrously), but news stories and commentary often ignore these facts. I guess “Warner to adopt another DRM-free digital format” wouldn’t seem quite so newsworthy.

Three of the four majors (all but SonyBMG) now sell MP3s. It’s only a matter of time before the last domino falls, and the industry can move on to the next stage in its evolution.