September 2010 Archives

September 14, 2010

Who Owns Software?

In a very significant decision, the 9th circuit Court of Appeals ruled that software developers can legally prevent customers from owning the copies of software that they pay for. Instead, if the software license agreement is properly drafted, the software developer retains ownership in the copies they distribute and the customers merely have a license to use the software.

This is significant for many reasons. The first is that this means the "first sale doctrine" does not apply. Under this doctrine a copyright owners rights are extinguished in a particular copy of the software after an authorized first sale. As a result, the customer can rightfully sell the software if they no longer need/want it. In contrast, with a license that restricts transfer this is not permissible.

This ruling by analogy may be applicable to virtual goods as well. Many terms of service specify that virtual goods are merely licensed and not owned by customers.

Vernor 

September 11, 2010

Targeting Facebook and Poptropica Fans

Target's recent launch of a program to sell gift cards redeemable for Facebook Credits or in the virtual world Poptropica towards either membership fees or the purchase of virtual currency further blurs the line (to the extent there still was one) between in-wfacebookx-large.jpgorld currency and real-world currency. Facebook and Zynga agreed earlier this year that players of Zynga games (such as Farmville) can use Facebook Credits to buy virtual goods, but there is no reason why real-world retailers looking to attract Facebook users and create online buzz couldn't set up exclusive deals for Facebook Credits. Steve Richards has an interesting post at ecoconsultancy.com on just that topic - he even questions how long it will be before sites that enable you to buy, sell and trade virtual currencies become regulated exchanges.

As the line between virtual and real-world currencies disappears, there are a host of legal issues that virtual world operators will need to deal with. As we noted in this post, because of laws like the CARD Act and various state, local and even international laws and regulations related to the use of stored value cards and accounts, it is important to ensure that if you are offering virtual currency as part of your business model, you verify that you are in compliance with federal, state and international laws.

For more information on legal issues with virtual currencies see our

Overview of Legal Issues with Virtual Currencies
.
September 4, 2010

The Future of Imaging

Thumbnail image for Canon_logo.png

Augmented reality (sometimes referred to as Mixed Reality) will likely get a boost from Canon's vision for the future of imaging. The following is an excerpt from an announcement about Canon's upcoming EXPO in NY.


Canon EXPO 2010 New York will feature the "Imaging for Tomorrow" exhibit showcasing new technologies that will enhance people's lives and offers a preview of Canon's vision for the future of imaging. Capitalizing on the significant developments in display technology and cameras, the exhibit will include Canon's mixed-reality initiative, which uses computers to combine the real and virtual worlds in real-time, creating a visual experience in which users can not only "see" images in a visual space, but also control and create them. Canon's Mixed Reality system utilizes a head-mounted display with built-in cameras and a computer that processes video to blend real and virtual realities.

http://www.marketwatch.com/story/canon-unveils-the-future-of-imaging-at-canon-expo-2010-new-york-2010-09-01?reflink=MW_news_stmp