Recently in Virtual Goods Category

March 1, 2012

Gametek Files Complaint Over a Virtual Goods Payment Patent

Gametek has filed a complaint for patent infringement against a large number of game and game-related companies over a virtual goods payment patent

The patent issued based on an application originally filed September 29, 2000, and claims priority to a provisional application filed June 20, 2000. The patent issued July 11, 2006. We are happy to provide you a copy of the extensive prosecution history, but it is too large to provide a link here.

One of the independent claims recites as follows:

15. A method of managing the operation of a game which includes a game environment, and is programmed to control a gaming action of at least one of a plurality of users, said managing method using a programmed computer to effect the following steps: a) tracking the activity of the at least one user in the course of the gaming action; b) creating an account for the at least one user for maintaining a balance of the at least one user; c) enabling the at least one user to select at least one of a plurality of game objects; d) setting the purchase price of the at least one game object; e) comparing the account balance with the set price of the at least one game object and, determining if the user's account balance is not less than the set price, then the at least one user is eligible to purchase the one selected game object; f) presenting to the at least one user an offer to purchase the game object dependent upon a group of game parameters comprising the tracked activity of the at least one user, and an indication of whether the at least one user has made a commitment of consideration to purchase the one selected game object; g) ordering the at least one selected game object without interrupting the gaming action of the at least one user; and h) supplying the selected one game object to the at least one user without interruption of the gaming action of the at least one user and incorporating the game object into the game.

The basis for the patent being granted is set forth in the Examiner's reasons for allowance [Click here for a copy]. In part, the examiner refers to console-based games but noted that none of these "disclose offering a game object to a user for a price and allowing the user to access and incorporate said object in a game without interrupting the game." The examiner also referred to other prior art and said "the instant invention is distinguished from the prior art...as the system tracks a user's gaming actions...determines where a user is eligible to purchase a game object based on the user's account balance...presents and offer to the user to purchase the game object based on ...[the] tracked gaming action, [where] the user purchases and is supplied with the game object without interrupting the gaming action, and the object is incorporated into the game."

Does anyone think that the use of player accounts to enable in-game purchases was new in 2000?

We have collected prior art that may impact the validity of this patent. We have been in touch with some companies and are reaching out to others regarding a potential joint defense group. Even companies who have not yet been sued may be interested in monitoring this case and/or helping to invalidate the patent.

We will provide additional postings here. Please check back.

If you have information to share or have additional questions, please contact us at: Virtual Goods Payment Team
December 23, 2011

Around the Virtual World

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

Scientists Find Safer Ways To Test Medical Procedures

Scientists are developing ever more sophisticated versions of "virtual patients" with the aim of testing medical devices and procedures that can't readily be assessed in real people.

FarmVille Creator Zynga Kicks Off $1B IPO

Zynga Inc., creator of the FarmVille and CityVille phenomena as well as other games that piggyback on Facebook Inc.'s tidal wave of popularity, became a publicly traded company Friday when it made a $1 billion initial public offering of its stock.

What's the right social cocktail for you?

From supply chain management to PR crisis management, the role of public social data in the enterprise is no longer framed around the question of "why does this data matter?"  That said, we are still in the very early stages of corporate adoption and there are plenty of unanswered questions for most companies.   Once enterprises get past asking why this data is important, the next obvious question to address is: which public social data is best for performing business analysis and decision-making?  Facebook?  Twitter?  Google+?, WordPress?

U.S. Senator Mad that Your Tax Dollars Saved Video Games

Video game preservation, educational robot dragons and Department of Homeland Security Sno Cones are just some of the "outlandish" federally funded projects called out in U.S. Senator Tom Coburn's annual big book of wasteful government spending this week.

New Research Shows 72% of Consumers Welcome The Opportunity To Watch Sponsored Videos In Online Games

A new study conducted by SponsorPay, the leading international cross-platform social advertising solution, found that consumers welcome the opportunity to watch sponsored videos in online games and not only recall these brands but also harbor positive sentiment towards them.

New Report Details Demographics of Mobile Gamers Buying Virtual Goods

As gamers age, so does their propensity to buy mobile virtual goods, according to a new study by MocoSpace, the largest mobile gaming community in North America. The results of the new study focusing on virtual goods consumption and engagement by age found younger gamers (25-35) spend the most time playing social games, but gamers over 45 buy exponentially more virtual goods than their younger counterparts.

December 2, 2011

Around the Virtual World

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

Virtual Justice

Rutgers University law professor Greg Lastowka looks at whether players can and should be granted legal ownership of virtual items, whether or not there's any existing legal precedent and how the virtual item landscape may change in the near future.

Italian court: Online editors not responsible for reader comments

Online commentators Wednesday welcomed a ruling by Italy's highest court that the editors of online publications cannot be held legally responsible for defamatory comments posted by their readers. In a ruling handed down at the end of October, the Court of Cassation acquitted a former online editor of L'Espresso news magazine of the crime of failing to prevent defamation committed by one of her readers.

OUII Seeks Clarity On 'Process Of Establishment' Claims

The U.S. International Trade Commission should review a recent finding in a video game patent infringement case and clarify how to determine if a domestic industry is in the process of being established in Section 337 cases, the ITC's Office of Unfair Import Investigations said in a petition publicized Tuesday.

Germany's Merck wants Facebook page back

Germany's Merck KGaA has threatened legal action after it said it lost its Facebook page apparently to rival Merck & Co. in the U.S., though it has yet to identify defendants in the case.

Virtual World Startups Seek Refuge From Patent Attacks

The developers behind the next evolution of the Internet -- linked, immersive, 3D environments -- are trying to think of ways to minimize the adverse impact of software patents on their industry.

Social media in for worse cyber attacks in 2012

Social media sites and cellphones will prove to be fertile grounds for cyber criminals to exploit globally important events in 2012 to steal personal information and data and make financial gains, cyber security firm Websense has said. The Websense document, " 2012 Cyber Security Threats," has said identity information posted by users of sites such as Facebook, Twitter or LinkedIn may prove more valuable to cybercriminals than even credit cards.


October 14, 2011

Around the Virtual World

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

PBS KIDS Sets New Bar in Educational Gaming Space

PBS KIDS today launched over 40 new cross-platform games designed to help children ages 2-8 build critical math skills. They include PBS KIDS' largest offering of interactive math content for preschoolers to date. The games comprise several suites, each of which is centered around a PBS KIDS media property - from CURIOUS GEORGE to THE CAT IN THE HAT KNOWS A LOT ABOUT THAT!. Available for free on the new PBS KIDS Lab website (PBSKIDS.org/lab), each suite links a set of games across platforms - accessible through computers, mobile devices and interactive whiteboards - so that kids engage with the same characters as they move from device to device. The content is also linked by a curricular framework, leveraging games on a variety of platforms to support key math skills.

Zynga announces 'CastleVille,' 9 other titles

From its sparkling new headquarters here, the company announced a major new gaming platform, code-named Project Z, that will let its millions of customers seamlessly play games on Facebook and Zynga.com; a lineup of 10 new titles, including Zynga Bingo, Hidden Chronicles and the mobile-only Dream Zoo; and, perhaps, its most ambitious game yet, CastleVille.

Hollywood Taps Videogames as Source of Inspiration

Despite the tarnished history of videogame adaptations, studios are moving forward with more than dozen big-screen gaming movies. What's amazing, though, is it's possible -- just possible -- that some of these films might not stink.

What drives Adidas' virtual wall

So popular was Inside Retail's story about the Adidas in-store 'virtual wall' which took an innovation honour at the recent World Retail Awards, we're revisiting the concept with an interview with designer David Judge from Stuart MacGill.

Oracle To Launch Enterprise Social Network

Oracle Social Network enables users to communicate and collaborate with other people inside or outside of their organization using a variety of tools, such as personal profiles, groups, activity feeds, status updates, discussion forums, document sharing, co-browsing and editing, instant messaging, e-mail, and Web conferencing. Oracle Social Network also provides native applications for iPhones, iPads, and Android devices, along with Web browser support, so mobile users can work and interact from anywhere.


October 5, 2011

Supreme Court Inaction a Win for Software Companies

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The Supreme Court has validated the ability of software developers to prevent customers from owning the copy of software they acquire. Because software developers can limit the customers rights to a mere license, they can impose restrictions that can prevent the customer from reselling the software. This is a huge win for software companies as it limits the resale market, which cuts into sales of new software. This ruling may also benefit the virtual goods industry which also commonly uses a licensing vs. sale model. However, it is important to note that in order to get the benefits of this decision, the software distributor must carefully craft their End User License Agreement.

On October 3, 2011, the U.S. Supreme Court declined the petition for certiorari regarding the Ninth Circuit Court of Appeals decision in Vernor v. Autodesk, Inc. As we outlined in a previous post, the Vernor decision held that software developers can grant mere licenses and that doing so does not violate the First Sale Doctrine," which states:

"[T]he owner of a particular copy...lawfully made under this title...is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy..."

This doctrine applies if the initial distribution is a sale. As the Ninth Circuit held in Vernor, software developers can legally prevent customers from owning (and distributing) the copies of software that they purchase. This is accomplished by drafting software purchase agreements (e.g., End User License Agreements) in a way to avoid the first-sale doctrine, such as by structuring the agreement as a license or placing valid restrictions on the customer's use of the software. Under such an agreement, software developers can retain ownership in the copies they distribute and customers merely have a license to use the software.

Extending the Vernor holding to virtual goods and currency, this ruling seems to provide additional ammunition for the validity of merely licensing virtual items to users instead of selling the items. This approach is commonly used with virtual item models.  In light of Vernor, it is clear that the "license" which is included in the terms of service must be carefully drafted.  But if done properly, this can help prevent unauthorized resale of virtual items via secondary markets or otherwise.

For more information on the legal issues with virtual goods, click here.

September 23, 2011

Around the Virtual World

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

U.S. virtual goods revenue on Facebook to grow 32 percent to $1.65B in 2012

That growth rate is lower than the 40 percent growth for 2011, as the market analyst firm predicts that revenue this year is growing from $800 million in to 2010 to $1.25 billion by the end of 2011. While that is rapid growth, it shows that the fast-growing virtual goods and social gaming industries that use it are maturing and slowing down.

SecretBuilders Passes 5 million Member Mark, Makes Parents Magazine's Top 10

SecretBuilders, a game world for children with an emphasis on creativity and historical adventure, was selected by Parents Magazine, the leading parenting magazine in the world, as one of the Top 10 kids' websites for 2011, alongside PBS Kids, National Geographic's Animal Jam, Nickleodeon's Monkeyquest, and Pearson's Poptropica.

Online gamers crack AIDS enzyme puzzle

Online gamers have achieved a feat beyond the realm of Second Life or Dungeons and Dragons: they have deciphered the structure of an enzyme of an AIDS-like virus that had thwarted scientists for a decade.

Facebook Changes The Social Networking Game... Again

Today at their annual F8 conference Facebook announced some dramatic changes to its platform. But this time it's different. Why? Because the big social networks (i.e. Facebook, Twitter, MySpace, and now Google) have traditionally battled over the social graph - your relationships in the digital world and how to help build and connect them, but now Facebook is laying claim to your life.

Dangerous Intersection Of Mobility And Credit

There's a 2011 version of the birthday cakes, mugs of beer, and other gifts Facebook used to let us "buy" for our friends. Since July 1, Facebook has required all game developers that receive payments through the site to use Facebook Credits for the transactions. When developers go to convert Credits into cash, Facebook gets a cool 20% cut.

Clarins Gets into Social Gaming on Facebook

In a seemingly unusual move for a cosmetics company -- not to mention a French one -- Clarins launched a casual game on Facebook earlier this week called Spa Life.


September 9, 2011

Around the Virtual World

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

Video Game Targets 'Tea Party Zombies,' Fox News Personalities

A New York-based video game developer has set his virtual crosshairs on Republican and conservative political figures in a game called "Tea Party Zombies Must Die," which allows players to indiscriminately slaughter politicians like Michele Bachmann, Mike Huckabee and Sarah Palin.

Red Robot Launches Life is Crime Game With Location-Based Play

There's got to be more to location-based mobile games than checking in. That was the thinking behind the game startup Red Robot Labs and its first game, Life of Crime. Life of Crime uses what Red Robot believes is going to be its critical asset: the R2 Gaming Network platform for making location games.

Can Gamification Help Solve the Online Anonymity Problem?

There's been a lot written recently about the issue of online anonymity, and in particular how Google believes that a "real names" policy is necessary so that the Google+ network maintains a certain tone and level of trust.

Amazon Gets Serious About Social Games, Calls Out for Developers

The Facebook gaming arena is about to welcome a new gladiator: Amazon. The household name of online retailers (and e-readers) is officially pulling out all the stops for its inevitable entrance into the space, openly and internally calling out for a team of designers and developers.

Most Bosses Monitor or Block Social-Network Use At Work

Viruses, loss of confidential data and fear of employees tooling around doing sweet FA on Twitter are the top reasons that employers give for putting the brakes on social media in the workplace. And it's stopping them benefiting from new collaborative technologies, says ClearSwift Research.

Social Gaming Startup Guerillapps Launches First Green-Theme Upcycling Game on Facebook

Guerillapps, a Manhattan-based social gaming startup, today announces the launch of Trash Tycoon, its first green-theme social game for Facebook. The game is now available for play and takes a unique approach to social gaming by incorporating awareness for environmental issues and sustainability. The first game to ever highlight the concept of upcycling, Trash Tycoon is an immersive, fun game that presents opportunities for real-world impact.

Your Virtual Cow Could Be Worth $0

Fans of SuperPoke! Pets were crushed recently when Google announced it was pulling the plug on the game. Google killed off all but one project from social app maker Slide, which it bought last year for around $200 million.


August 30, 2011

Gamification Summit NYC

On September 15 & 16, join industry titans such as Sony, SalesForce, Zappos, and Adobe at the GSummit in New York City. GSummit NYC will show attendees how to use the power of games to create breakthrough engagement with their customers and employees. Companies like Gilt Groupe, Google, NBC/Universal, MTV, Recyclebank and Aetna have leveraged gamification to transform their businesses, and will share startling insights, statistics and hands-on workshops at GSummit NYC. Check out some of the amazing content and speakers. Register now before GSummit sells out.

Jim Gatto, Leader of Pillsbury's Virtual Worlds & Video Game team and Social Media, Entertainment & Technology team will be speaking from 1:30 - 2:15 PM on September 15 about gamification law and a formula for success.

Earlier this year, Jim spoke at the Gamification Summit held in San Francisco. His presentation on managing legal risk in gamification can be viewed below:

August 12, 2011

Around the Virtual World

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

Enter at Your Own Rift: How gold farming really hurts the economy

Recently, Trion Worlds CCO and RIFT Executive Producer Scott Hartsman talked to Gamasutra about how gold farming is a much bigger threat than we assume, particularly because of the large amount of credit card fraud. Those who played RIFT at launch probably recall the large wave of hacked accounts early on. According to Hartsman, the hacking attempts were so quick and so intense that the game could have been "denial-of-serviced off the internet" when it launched.

Want To Be a Gamification Expert? Get Certified

Gamification, that buzz word panned as hype by some, has increasingly won over companies, investors and even research firms like Gartner, which now predicts half of all companies will use gamification by 2015. So what's next? How about gamification certification.

Facebook Ramps Up Lobbying Over Privacy

Facebook Inc. has beefed up its public policy efforts with an eye to shaping federal privacy legislation, sharply increasing its lobbying expenditures and expanding its roster of Washington insiders, disclosure records show.

NYPD Looks to Mine Social Networks for Infor on Criminal Activity

Privacy is something most people worry about and try to protect, but on social networking giants like Facebook, it's almost impossible to protect all of your information despite privacy settings. Now, the New York Police Department (NYPD) is data mining Facebook, Twitter and MySpace to track hooligans who have committed or are planning to commit crimes.

Registration Opens for Game::Business::Law 2012

Registration is now open for the 4th Annual Game::Business::Law Summit on January 25 - January 26, 2012. The event will be held at Southern Methodist University, Dedman School of Law and is hosted by The Guildhall at SMU, SMU's Dedman School of Law and The Center for American and International Law.

A Guide to Controlling Privacy, Info on Google+

Google+is the new social networking kid on the block, and one of the main reasons so many people are interested in the service over Facebook is Google+'s proclaimed focus on protecting users' privacy. Whether you're a new Google+ user or you're already a pro, understanding how to control your information on the site can make you feel much more at ease on the social network. Here's the lowdown on Google+'s privacy controls, including a few of the more buried settings you'll want to know about.


August 5, 2011

Around the Virtual World

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

LinkedIn's 2Q Earnings Soar as Growth Accelerates

The results announced Thursday provided the first update on LinkedIn's progress since the company's headline-grabbing initial public offering in May. LinkedIn's shares have more than doubled from their IPO price of $45, stirring a debate about whether investors are overvaluing Internet companies. LinkedIn earned $4.5 million, or 4 cents per share, in the April-June period. That contrasted with earnings of $938,000, or 2 cents per share, at the same time last year.

Controversy Erupts Over SpotON3D's Patent Claims

Competing OpenSim hosting companies are concerned that SpotON3D's viewer plugin patent isn't original, will hinder innovation, and that the company isn't playing fair with the broader open source community. Other developers, however, say that SpotON3D's innovation can help energize OpenSim adoption -- and the patent, if it is granted, may not be that burdensome to the community.

Diablo III Will Have Real Money Auction House

For as amazing as Diablo II was, the economy was rather quickly ruined by the sale of virtual items. Most of the better loot required a significant time investment - or luck - so many players naturally flocked to the more convenient option. Blizzard, being the savvy developers that they are, has come up with a work-around for that: A flood of reports are coming in that Diablo III will feature an in-game auction house that will allow you to sell and buy virtual items (including virtual currency) for real cash.

EA Chief Vows to Keep Up With Big Changes In the Video Game Industry

Electronic Arts chief executive John Riccitiello said in a conference call today that the video game industry has fundamentally changed as gamers embrace new digital alternatives to console games - from mobile games to social games. And, he said, EA's strategy is changing with it.

SAP Launches The Ultimate Travel Challenge Dashboard

I find the concept of gamification fascinating so when I heard that a fellow team at SAP was launching a game to showcase one of the company's solutions it peaked my interest.  The game was built on SAP Crystal Solutions and showcases how the product can help your business by simulating the pressure of making informed decisions in a face-paced environment.

Augmented Reality Kills the QR Code Star

Augmented reality leader Layar just took its system to a whole new level by installing a real-world object recognition protocol that's a little like Google's Goggles. In one swoop it may have turned AR apps from intriguing, inspiring, and occasionally useful toys into serious tools for information discovery and, of course, advertising. Let's call it hacking the real world.

PayPal: 12M Monthly Users Are Paying For Virtual Goods

PayPal, which collects a lot of data on online payments, says the monetization of digital content has come a long way since the company was launched in 1998 and sold to eBay in 2002. Now it generates more than $1 billion in quarterly revenue and has more than 100 million active users.


July 14, 2011

Virtual Property Insurance

Many people invest significant time, effort and in some cases real money to acquire virtual goods. There is great perceived value in these virtual goods. But there are a growing number of cases, where users have been the subject of hacking and other situations where they have had their virtual property stolen. See for example our prior blog entry on a massive theft of 400 billion poker chips from Zynga users.

Most game and virtual world operators try to shield themselves from claims of loss by their users through effective legal strategies embodied in their terms of service. In most cases, users are only granted a license to use the virtual goods, but they do not own them and the terms often make clear that there is no independent value to goods. Additional disclaimers and liability avoidance language may also be included. Yet, this has not stopped some users from suing for the loss of the perceived value of their virtual goods.

Given these potential claims, what else can companies do to protect themselves from such risks? Apparently, this risk may now be insurable - at least in China - thanks to a collaboration between Sunshine Insurance Group and Gamebar.  According to a report, by China Daily a Sunshine Insurance spokesperson said "The insurance will help to reduce operating risks for online games companies as the companies which purchase the insurance will be covered to compensate customers in the event of lost or stolen property."

It will be interesting to see if that catches on in the US and elsewhere, and if so, what will be covered and what will not. Check back for updates.


April 22, 2011

Around the Virtual World

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

Is Online Poker Over?

This week, the FBI landed a crushing blow on all of the online poker sites that are advertised nightly in the United States. Individuals involved with internet gambling companies PokerStars, Full Tilt Poker and Absolute Poker were indicted for bank fraud, money laundering, and illegal gambling and sued in a companion civil suit that seeks at least $3 billion in forfeitures and penalties.

HP Rolls Out Virtual Banking With Avaya's Web.alive

Building on HP's Unified Communications and Collaboration Services portfolio for the enterprise, HP and Avaya today announced a strategic offering that provides banks with a customer-centric, humanizing element for assisted self-service.

What Effect Has the Internet Had On Religion?

The concept of religious ritual is so deeply embedded in our social fabric that it is natural for it to have made the leap to virtuality. And it hasn't just reared its head in worlds such as Second Life. Social networks, including Facebook, have active and close-knit communities of religious followers of all creeds, gathering in what science writer Margaret Wertheim described in her 1999 book, The Pearly Gates of Cyberspace, as "a new kind of realm for the mind".

Hackers Go After Points, Credits, and Virtual Currency

Virtual thieves can sell stolen points in online forums or on eBay, or they can try to exchange points for rewards. However, most online retailers, social media, and gaming websites recognize the thieves' behavior patterns when cashing in stolen points. By analyzing the history of the device being used to access a website, the website's operator can prevent fraudulent transactions.


Social Gaming on Track to Become $5 Billion Industry by 2015

Parks Associates, an internationally recognized market research and consulting company specializing in emerging consumer technology products and services, forecasts revenues in the social gaming market will increase by five times from 2010 to 2015, due in large part to advertising revenues and sales of virtual items. These factors already pushed revenues over $1 billion in 2010.

FNB's eBucks Buy 19 Million KMs of Fuel

In December 2009, members of eBucks, First National Bank's rewards programme, were given the ability to pay for fuel with eBucks, FNB's virtual currency, at participating Engen service stations around South Africa. Since then, FNB has enabled eBucks' members to fill up on fuel to the value of over R13m at participating Engen service stations - which is enough fuel to drive almost 20 million kilometres or - more accurately - to make 25 trips to the moon driving an average family sedan.

IU Shares $297,929 NSF Grant to Study Use of 3D Virtual Worlds

The National Science Foundation has awarded $297,929 to a multi-disciplinary team from Indiana University and Arizona State University. The award supports on-going research concerned with the use of computer-generated 3D virtual environments by business and educational enterprises.

Virtual Currency Drawing in More Viewers

Virtual currency isn't just for gamers any longer. New data from Jun Group indicates that video viewers are also interested in virtual currency. According to their report on incentivized social video, virtual currency is pushing consumers to watch more video content in the social space.


April 15, 2011

Social Media for Nonprofits: Leveraging the Opportunities and Avoiding the Legal Pitfalls

Many nonprofits are using social media to create awareness of their cause, raise funds, develop closer connections with existing constituents and engage with new ones.

On April 14, 2011, at The Kreeger Museum in Washington, DC, Jim Gatto delivered a compelling presentation on top social media legal issues targeted to nonprofits. His presentation explored examples of how nonprofits are using social media today, including a focus on virtual goods, virtual currencies and gamification and the associated legal issues. For a copy of his presentation, please click here.

April 15, 2011

Around the Virtual World

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

Sony Settles With Alleged PlayStation 3 Hacker

Sony Computer Entertainment America LLC said Monday it had resolved its breach of contract and copyright infringement suit against alleged PlayStation 3 hacker George Hotz, ending a brief but contentious battle in California.

Virtual Real Estate Selling for Millions

Real estate records come and go with startling frequency and this $US6 million (NZ$7.65 million) sale might not sound like much of a record, until you find out Planet Calypso is a fictional place on the Entropia Universe social gaming site.

Could Virtual Currency Become King in Developing Countries?

Hot on the heals of my post (Brendan Burge) about a virtual currency calledBitCoin, I have uncovered another rather surprising new paradigm. It would seem that increasingly people in Third World countries - what I prefer to call developing countries - are making a living by performing "micro-tasks" in the virtual economy.


PCS Holds World's First International Virtual Easter Egg Hunt

"When we say 'Easter eggs,' we mean just that," says John Barnhart, lead developer at PCS. "The term 'easter egg' has come to mean an intentional hidden message in a computer program. Well, these Easter eggs really are Easter eggs! You know, those boiled chicken ova decorated with food coloring that children hunt for in hopes of scoring some chocolate."

Gamification: CIOs Told to Get On Board

Gamification, the process of applying gaming techniques to the workplace, is set to become a mainstream approach in large organisations, according to analyst firm Gartner.

"Digital Goods" Fraud is Big

The Wall Street Journal reports that digital items within games and social networks accounted for $2.2 billion in sales in 2009, and are expected to account for $6 billion in sales by 2013. Billions more are spent on music and other downloadable digital media.

Baidu Signs with Facebook to Establish a New Social Networking Site

This week, tech and financial blogs were buzzing with the purported Baidu-Facebook deal, announced by Chinese web portal Sohu.com.

By 2015, Over 50% of Organizations Will Gamify Innovation Processes

By 2015, more than 50 percent of organizations that manage innovation processes will gamify those processes, according to Gartner, Inc. By 2014, a gamified service for consumer goods marketing and customer retention will become as important as Facebook, eBay or Amazon, and more than 70 percent of Global 2000 organizations will have at least one gamified application.

GoldRun Leverages Augmented Reality for Mobile Marketing

Vivian Rosenthal once wrote an architecture masters thesis on the intersection of the physical and virtual worlds. Now, the New York entrepreneur is mining that intersection for profit with a start-up that's getting attention for the way it uses augmented reality to create marketing campaigns that end in real-world rewards.


February 23, 2011

FTC to Review Freemium Model For Social Games

Congressman Edward J. Markey (D-Mass.), a senior member and former chairman of the Energy and Commerce Committee's Communications, Technology and the Internet Subcommittee, sent a letter dated February 8, 2011 to the Federal Trade Commission (FTC) requesting more information about possible consumer protection issues related to "in-app" purchases, particularly relating to kids.
 
The following is excerpt from the letter:

"I am disturbed by news that in-app purchases may be taking advantage of children's lack of understanding when it comes to money and what it means to 'buy' an imaginary game piece on the Web.  Companies shouldn't be able to use Smurfs and snowflakes and zoos as online ATMs pulling money from the pockets of unsuspecting parents.  The use of mobile apps will continue to escalate, which is why it is critical that more is done now to examine these practices. I will continue to closely monitor this issue and look forward to the FTC's response."

Click here for a copy of the letter

It is important for companies to understand the potential legal issues with innovative business models and to ensure clarity so that consumers understand
February 11, 2011

Around the Virtual World

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

Don't Buy and Sell Pokemon Data In Japan

Japan is going a bit copyright crazy of late. It's not cool to sell customized figures online, it's not cool to rent video games in love hotels, and now, it's apparently not cool to sell Pokémon save data.

Lessons of the NBC Agreement With Battlestar Galactica Fans

NBC / Universal has agreed to let Battlestar Galactica-themed roleplay sims continue in Second Life.   They too had been issued a cease and desist order through a DMCA (Digital Millenium Copyright Act) order.  In their case, the order was arguably even more serious - filed against Linden Lab itself, resulting in the closure of several Battlestar-themed sims and even the confiscation of content..

Wannabe Cool Kids Aim to Game the Web's New Social Scorekeepers

Today, a new generation of VIPs is cultivating coolness through the world of social media. Here, ordinary folks can become "influential" overnight depending on the number and kinds of people who follow them on Twitter or comment on their Facebook pages.

Guitar Hero Video Game Series is Axed by Activision

Activision Blizzard, which makes the Call of Duty and World of Warcraft series, says it's ditching the franchise because "the popularity of music-themed video games has faded".

Social Gaming Market Value to Approach $4 Billion by 2015

The global social gaming market's value will grow by 166 percent from $1.5 billion in 2010 to almost $4 billion by 2015, according to a recent forecast by analyst firm Business Insights.

Visa Acquires Playspan

Pushing into the virtual goods space, payments giant Visa has acquired Playspan, which powers e-commerce for hundreds of online games and virtual worlds, for $190 million.

How Location-Based Services Changed Social Games in Asia

As social gaming on mobile devices continues to grow throughout 2010, so will the number of applications offering location-based services. But will 2011 be the year that location-based social games take off in the U.S?
February 4, 2011

Around the Virtual World

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

UC Legend Sues NCAA Over Trading Cards

Oscar Robertson, former University of Cincinnati and National Basketball Association Hall of Fame inductee, has joined a class-action lawsuit against the NCAA for using his name and image without his consent.

CloudCrowd: An Assembly Line for Content

"We're doing to service industries what China did to manufacturing," CloudCrowd CEO Alex Edelstein tells me. CloudCrowd collects tasks from clients--currently translation and proofreading jobs--via its Serv.io site, and then distributes them to waiting workers via a Facebook app.

"CSI" Facebook Game Offers Bonuses for Watching the Show

Thursday night's episode of CSI will have something extra for fans of the show's Facebook game: clues to unlock in-game bonuses.

Hacker Steals $12M Worth of Zynga Poker Chips

29-year-old IT businessman Ashley Mitchell plead guilty to stealing $12 million worth of Zynga Poker chips in a British court yesterday, and is now facing a substantial jail term.

Internet, Social Media Make Their Mark in Egypt's Crisis

The political unrest exploding across the Middle East is just the latest illustration that social media is no longer just for teenagers to tweet about their lives, play Farmville, and post pictures from last weekend's party. Today, it has the potential to shake regimes and drive leaders from power.

Will Social Media Leaks Or Pokes Win Nobel Peace Prize?

Two years ago, the world wondered how a newly-elected president like Barack Obama could qualify and win the Nobel Peace Prize. Even the president questioned the honor. This year, that same president might also question why WikiLeaks is now a candidate for that same distinction.

Fire Up the Avatars - Educational Virtual World Curricula Launches

Today, WiloStar3D LLC announced a joint collaboration with Exeter Township School District- Reading PA, and Manhattan-Ogden USA, Kansas to pilot Avatar Storytellers, an Immersive Learning virtual world curricula for grades 5-7.

February 3, 2011

PokerGate - 400 Billion chips Stolen from Zynga

A UK court entered  a guilty plea against Ashley Mitchell, an IT guy who hacked into Zynga's servers last year and stole 400 billion virtual poker chips. His efforts to resell them, which is against Zynga's terms of service, netted him $86,000 and a yet to be determined jail sentence.

To avoid issues with the gambling laws, Zynga sells poker chips to users for real money (and in some cases to reward user actions), but prohibits any cash out or resale of the chips.

Zynga's Terms of Service states:

"Zynga owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or the Zynga games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Zynga game, whether earned in a game or purchased from Zynga, or any other attributes associated with an Account or stored on the Service.

Zynga prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by Zynga in writing. Accordingly, you may not trade, sell or attempt to sell in-game items or currency for "real" money, or exchange those items or currency for value of any kind outside of a game, without Zynga's written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination."

With respect to chip "purchases", Zynga states:

"The purchase of Zynga Poker chips from a third party seller is a violation of Zynga's Terms of Service. We are  not responsible for any losses incurred and will not restore chips.

The only safe method of purchasing our chips is directly through the application, via the Buy Chips tab."

As virtual currencies proliferate, it is important for companies to ensure that they think through their business models, develop and enforce effective terms of service and consider up front how they can use technological measures to deal with people who inevitably will try to beat the system. This requires a careful integration of business, legal and technical strategy.

For more information on legal issues with virtual currency, see Pillsbury's Virtual Currencies Overview.

January 28, 2011

Around the Virtual World

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

Federal Games Warning Label Law Introduced to Congress

On Wednesday, U.S. Representatives Joe Baca (D-CA) and Frank Wolf (R-VA) introduced a bill called the Video Game Health Labeling Act that would federally mandate warning labels on a large subsection of video games.

LinkedIn IPO May Be First in Wave for Social Media

LinkedIn Corp.'s plan to raise as much as $175 million in an initial public offering may be the first in a wave of share sales for U.S. social-networking companies.

Facebook Plans to Extend Credits to Mobile Devices

Mobile devices will get access to Facebook's virtual currency system under plans revealed by the social networking website's head of international business development.

Gamification Coming to the 2011 Game Developers Conference

In a sign that it's becoming more of an issue for mainstream video game developers, the 2011 edition of the Game Developer's Conference is setting aside a day to discuss the topic of gamification.

SEE Acquires MindArk Virtual Planet, Design Studio for $6 Million

SEE Virtual Worlds, a developer of branded online virtual worlds, announced on Thursday that it has acquired Planet Calypso, the first virtual planet in MindArk's "Entropia Universe" massively multiplayer online role-playing game, for $6 million.

Virtual Goods! Virtual Currency! Virtual Output!

The Keiser report talks about what the economy of 2050 will look like.

Jermaine Dupri Creates 'Global 14' Social Network

The site, which is supposedly the "coolest, hippest city on the Internet," originally came to Dupri when he was the president of urban music at Virgin Records and working with longtime collaborator Janet Jackson on marketing her '20 Y.O.' album.


January 21, 2011

Around the Virtual World

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

On Microsoft and 'Contributory Cybersquatting'

A federal judge in Seattle on Wednesday issued an interesting decision concerning cybersquatting, the act of setting up sites with the intent of selling the domain names, or, more pertinently, setting up sites with URLs that are a typo or two away from those of popular sites.

Augmented Reality Ads on the Rise Around Europe

A growing number of European startups have taken to creating virtual experiences that double as commercials. But as this sector is rapidly expanding, challenges remain.

Augmented Hype? Mobile's Next Big Thing

Some executives in the mobile industry think AR will be huge. While revenues from AR alone amount to no more than a few tens of millions of dollars, that number is set to double annually to reach USD 350 million in 2014, according to New York-based ABI Research. The impact across the broader mobile and computer industry could be much bigger, convincing consumers to use their mobile devices even more than they already do.

Google to Launch Groupon Competitor

One of our sources has sent us a confidential fact sheet straight from the Googleplex about the company's new group buying service. "Google Offers is a new product to help potential customers and clientele find great deals in their area through a daily email," the fact sheet says.

U.S. Army Launches Social Media Handbook

The United States Army has officially announced the release of the 2011 Army Social Media Handbook, a document that's meant to offer social media guidance for soldiers, personnel and families alike.

Verizon Makes First Legal Challenge to FCC's New Net Neutrality Rules

Verizon has filed an appeal challenging the net neutrality rules that the FCC adopted last month, which aim to prevent Internet providers from blocking or slowing legal content.

Zynga Rolls Out RewardVille Virtual Currency Program

RewardVille, which went live in beta today, will "slowly roll out" to a small group of users in coming weeks. According to Zynga, the program works like this: Each time you play a participating Zynga game, you'll earn Zynga Points (zPoints) and increase your Zynga Level (zLevel). At every zLevel, you'll earn Zynga Coins (zCoins) to use on free, exclusive in-game items in RewardVille.


January 14, 2011

Around the Virtual World

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

Why Groupon and Foursquare Should Mate

Each company has its flaws and strengths.  The beautiful thing is they both have strengths where each other lacks.  To say it simply:

Groupon has many businesses on board off the start and they give great deals for consumers.  But customers don't come back after they have used a Groupon.  Leaving businesses completely upset and losing money. Foursquare motivates people to come back to establishments for mayorships and badges but leaving consumers wanting more for their efforts.  Plus the lack of involvement from venues is hindering the process.

Venezuela and Ecuador Make Trade Using New virtual Currency

Ecuador sent Venezuela an initial shipment of crude palm oil under a new trade currency regime known as the Unified System for Regional Compensation, or Sucre, the Ecuadorian government said.

Social Gaming Market to Pass $1 Billion in 2011

The social gaming market is expected to pass $1 billion this year, thanks to a rising number of users and a projected increase in advertising, according to research group eMarketer.

Non-profits Ride Social Gaming Trend Too

It is not surprising non-profits are entering this space: social gaming is expected to become a billion dollar business this year, eMarketer estimates. Nearly 62 million US internet users, or 27% of the online audience, will play at least one game on a social network monthly this year, up from 53 million in 2010, it said. As these numbers increase, so will the money spent on virtual goods, lead-generation offers and advertising.

One to Watch: Caped Koala Studios

Caped Koala Studios has stormed into 2011, ready to launch what it believes will become the world's top online education and entertainment destination for kids. The firm has developed an online 3D virtual world called Pora Ora (www.poraora.com), which combines games, education and social networking. Pora Ora made its public debut in London on 12 January at BETT 2011, the UK's largest educational technology trade show.

Next Stop: OpenSim!

An emerging virtual world platform is the destination of droves of emigrant avatars, as a price hike and the shutdown of the teen-only grid have prompted an educator exodus away from Second Life.

Social Gaming Ads to Soar - But Virtual Goods Still Lead Revenue

With the still rising popularity of social media games like Zynga's Farmville and Mafia Wars, advertising is naturally beginning to follow. But at least for the next few years, despite a major growth spurt, ad dollars will continue to lag virtual goods when it comes to making money in the social gaming. "Understanding the popularity of social gaming is simple," said eMarketer senior analyst Paul Verna.

December 17, 2010

Around the Virtual World

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

Viximo's Game Service Reaches 100M Users

Facebook may dominate the social game market, but it isn't the only show in town. Viximo has made a good business out of providing games to dozens of smaller social networks. The company is announcing today that it reaches more than 100 million users.

OpenFeint Tries Group Buying for Mobile Games With Game Channel

Game Channel's headline feature is called "Fire Sale", an attempt to spin the Groupon model of advertising a deal and to attract the attention of a sizable group of people. Once enough people have joined the deal, the price drops to a set point and the purchases of the group go ahead.

Nexon Selects PlaySpan's Monetization Platform for Nexon Cash

Nexon America, the North American publishing arm of Nexon Corp., announced today a new partnership with PlaySpan, the global leader in monetization solutions for online games, virtual worlds, and social networks, and video games. Under the agreement, Nexon will leverage PlaySpan's Monetization-As-A-Service platform to expand purchasing capabilities to millions of gamers and provide comprehensive credit card processing and fraud risk management services to cover sales of "NX," the publisher's virtual currency.

Virtualizing Your Reality: 10 Questions With Mark Egan

In its May 2010 research note on x86 server virtualization infrastructure, Gartner opens with the assertion that "...the market has a number of viable choices." But its Magic Quadrant shows that VMware has stretched out its lead like Usain Bolt into the top-right corner of the top-right quadrant (combination of execution and vision), with the rest of the quadrant noticeably vacant.

Facebook Beats Yahoo and Google to Become the Fastest Company to Post $2 Billion in Revenue

Facebook's primary source of income is from advertisements and virtual currencies. According to Bloomberg, Facebook founded in 2004, will be the fastest company to reach the $2-billion mark compared to Google, founded in 1998, hit $1.5 billion in 2003 while Yahoo founded in 1994 posted $1.6 billion in revenues in 2003.

Social Networking Grows Unevenly Around the Globe

Use of social networking services has blown up globally, but some countries are more into it than others, according to a new Pew Global Attitudes study. Poland, Britain and South Korea rival the U.S. in usage, but Facebook and its ilk may have a Germany/Japan problem.

Electronic Arts Tries to Launch a Preemptive Strike on Social Network Gaming

Video game publisher Electronic Arts, which has been slumming in its battle against primary rival Activision on the console and personal computer fronts, has been tirelessly expanding into the next frontier of social networking games. With the purchase of Facebook game maker Playfish last November, the company has added a strong brand to its casual game portfolio, which complements its purchase of Chillingo, the U.K. publisher of the i
November 30, 2010

A Rewarding Experience

American-Express-031009.jpgAmerican Express has partnered with Zynga to allow American Express Membership Rewards members to use their points to purchase goods in Zynga's games.

Membership Reward points are earned by using an American Express card for purchases, as well as through various promotions such double points for groceries or hotel stays.

Members will be able to use their points not only for game cards and virtual currency, but also for exclusive virtual goods. For example, a member can convert points to FarmVille cash or purchase an exclusive FarmVille virtual good.

October 29, 2010

Is Zynga Patenting Virtual Currency?

There has been much buzz about Zynga's attempt to patent virtual currency. As is often the case with patents, there is much hype, many misconceptions and little focus on the actual facts. Here are the facts.

1. Zynga does not have a patent on virtual currency. It has applied for a patent, the application has been published but has not yet been examined. It will be some time, if ever, before a patent will issue. The published application is 2010-0227675. Here is a copy of the Zynga Application.

2. Zynga is seeking protection for various aspects of virtual currency, particularly in the context of "gambling" games. The following is an example of one of the claims:

A method, comprising:receiving, at a server, a purchase order for virtual currency from a player, wherein the purchase order was made with legal currency, and wherein the virtual currency is usable within the context of a computer-implemented game;crediting an account of the player with virtual currency, wherein the virtual currency is not redeemable for legal currency;receiving a second purchase order for a virtual object within the context of the computer-implemented game from the player, wherein the second purchase order was made with virtual currency; and debiting the account of the player based on the second purchase order.
3. This claim appears to be seeking protection using real money to buy virtual currency, precluding redemption of the virtual currency for real money but enabling it to be used to buy virtual objects in the game.

4. The patent application was filed 03-03-2010 and claims priority to a provisional application 61/158,246 filed March 6, 2009.

5. We will monitor the status of this application as it is examined and any rejections are made.

While many believe that this patent application will be rejected due to prior art, the most important take aways are these:
  • MANY ASPECTS OF SOCIAL GAMES ARE POTENTIALLY PATENTABLE
  • ZYNGA (AND OTHERS) ARE PURSUING MORE PATENTS IN THIS SPACE
  • IT IS WELL KNOWN THAT THERE IS A LOT OF "BORROWING" OF IDEAS FROM COMPETITORS IN THE SOCIAL GAME SPACE
  • THIS HAS BEEN FACILITATED BY LACK OF ATTENTION TO IP PROTECTION
  • IT IS CRITICAL FOR ANYONE OPERATING IN THE SOCIAL GAMING SPACE TO DEVELOP A COMPREHENSIVE IP PROTECTION STRATEGY,  INCLUDING PATENTS, COPYRIGHTS AND TRADEMARKS
E-mail us for a free guide on patent and other IP strategies in the social game space.
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
.
July 26, 2010

Virtual Goods Trend -- UP!

The virtual goods market continues to grow. A recent Forbes article highlights some of what is happening. The article highlights some powerful facts including:          

  • Traditional game companies EA and THQ both have signed agreements with Live Gamer -good-ea.jpg a leader in handling micro-transactions for monetizing interactive and digital entertainment - to handle virtual goods transactions and provide virtual currencies. Click here for a copy of the EA Press Release and here for a copy of the THQ Press Release.
  • The worldwide virtual goods market is expected to top 7 billion - but others have estimated the market to likely exceed $10 billion
  • Zynga alone is projected to rake in around $600 million in revenue this year, largely from the news-thq.jpgsale of virtual goods.
  • Online game network Xbox Live has generated an estimated $625 million in virtual items sales, surpassing its subscription revenues.
  • Sony's sales of virtual goods for the PlayStation tripled in the first quarter.
  • The article concludes with a forward-looking quote that points to the emergence of cross-platform or cross-game virtual currencies. 
Click here for a copy of the article.


July 23, 2010

Virtual Goods Survey

Venture Beat recently reported on the results of a virtual goods study that showed about 75% of online games users have bought virtual goods and that many users surveyed plan to spend more in the next 12 months.


This survey is one more confirmation of the rapid growth of virtual goods. There are a number of conferences this fall that will focus on the virtual goods industry. Members of our team will be speaking at Virtual Goods World Europe 2010 in London and the Virtual Goods Conference '10 in Santa Clara.

We hope to see you at one or more of these conferences.

May 25, 2010

7-11 Takes Big Gulp Of Zynga Marketing

SprBigGLP.jpg
Social gaming powerhouse Zynga has joined forces with 7-Eleven to begin selling items branded with its popular gaming titles in 7-Eleven stores throughout the US and Canada. The six week promotion will include more than 30 products, including Slurpees and Big Gulp drinks, all with redemption codes that will allow users to purchase virtual goods, including limited edition and uber gifts, in FarmVille, Mafia Wars or YoVille. The virtual goods range from a virtual coffee cart in FarmVille redeemed from the purchase of an iced coffee, to a bullet proof vest redeemed from the purchase of pizza, chicken wings, Big Bite products, chicken tenders or breakfast quesadillas. 7-Eleven expects to promote the new campaign, which begins June 1, through several different media outlets, including radio, print, online and on MTV.
FarmvilleIceCream.jpg

May 17, 2010

Nickelodoen Launches Virtual Goods Platform

Nickelodeon has announced a virtual good platform for its Addicting Games site. According to Dave Williams, a Senior VP and GM, he sees virtual goods as a huge opportunity and by developing its own virtual goods platform, Nickelodeon minimizes the burden on developers to create their own platforms. This launch is another example of the perceived potential of virtual goods to monetize online games.

Additional details on the launch were reported by GamesBeat

May 4, 2010

Second Life Gets Action...Class Action That Is

Linden Research Inc. and its CE Philip Rosedale have been named as defendants in a class action lawsuit relating to the ownership status of virtual property in Second Life, the popular virtual world in which users can realize significant gains from buying and selling virtual real estate (land and buildings), virtual clothing, and other virtual goods. In Second Life, transactions are implemented using virtual currency provided by Linden called Linden Dollars. These dollars can be earned and bought and sold, including via the LindeX, the official Second Life Linden Dollar exchange.

A significant issue in this case is the status of ownership of virtual goods and virtual currency and the conditions, if any, upon which a user may be denied access to them for violations of the terms of service agreement.

Continue reading "Second Life Gets Action...Class Action That Is" »

May 3, 2010

Zynga Seeks to Shutdown Secondary Market for Virtual Goods and Currency

On April 8, 2010, Zynga sued Playerauctions.com for operating a website that provides an unauthorized "Secondary Market" for enabling Zynga game users to post and sell "Virtual Currency" and "Virtual Goods" allegedly in violation of Zynga's Terms of Service. According to Zynga, its Terms of Service prohibits users from selling "Virtual Currency" or "Virtual Goods" for real-world money or anything of value outside of its games.

A recent version of the Zynga Terms of Service states:

The Service may include a virtual, in-game currency ("Virtual Currency") including, but not limited to coins, cash, or points, that may be purchased from Zynga for "real world" money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items ("Virtual Goods") that may be purchased from Zynga for "real world" money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from Zynga or any other party.

It further states:

Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from Zynga Service and possible legal action.

Zynga alleges that the Playerauctions.com has committed copyright and trademark infringement (along with false designation of origin, unfair competition and other claims) by displaying and/reproducing images and code from the games and using various Zynga trademarks with authorization.

The Complaint identifies unlawful sales in connection with Zynga's Poker, Mafia Wars and FarmVille games. A recent review of the Playerauctions.com site showed over 750 Mafia Wars related items alone available for sale ranging in unit price from 25 cents to $900 and 84 entire "accounts" for sale ranging in asking price from $30 to $5,000 with one listed at a whopping $492,000!

Interestingly, Zynga does not specifically allege impropriety with or seek to prevent the outright sale of accounts.


April 14, 2010

Presentation on Legal Issues with Virtual Worlds and Social Media

Earlier this year, Jim Gatto, leader of Pillsbury's Virtual Worlds and Video Games multi-disciplinary team, presented at The Cyberlaw Student Association at George Washington University. The presentation focused on the explosive growth of user-generated content, social networking, social games, virtual goods and virtual worlds. The presentation also touched on some of the uses of virtual worlds (education, simulation, historical preservation). Jim concluded the presentation with an in-depth look at some of the emerging legal issues associated with these developing social networking, training and branding tools.

The Cyberlaw Student Association is a student group at the George Washington University Law School dedicated to promoting interest in cyberlaw issues and helping students practice cyberlaw after graduation.

The presentation can be viewed here: final -- Presentation to GW Cyberlaw Student Association.pdf

March 15, 2010

Virtual Worlds as the Rat Mazes and Petri Dishes of Economics

This article from Slate.com provides an interesting discussion regarding the applicability of virtual worlds and MMORPGs to economics research. One of the things the article points out is that research in the real world must handle inevitable data loss - making calculations like GDP the result of estimates and approximations - while every transaction in a virtual world is tracked without error. Although some researchers are skeptical about the ability of virtual world economies to mirror the real world, the point of the article is that research tools like rat mazes and petri dishes don't model the real world, either. What those tools provide are environments where basic principles of a given activity can be examined, so those general principles can be extrapolated and applied to the real world. Virtual worlds have an additional advantage for researchers and policymakers - the "laws" in the form of the terms of service and the general rules of the world, are both more simplistic than the real world and more malleable - making them a research tool for the intersection of law and economics, as well.

March 14, 2010

Virtual Worlds Inching Into Mainstream Consciousness

Last Monday's Washington Post article talking about making money by coding and selling Second Life products doesn't provide any surprises for anyone familiar with virtual worlds. The most interesting thing about it was its placement - the front page. When articles about virtual worlds and gaming have historically been relegated to the Style section or some other back page, this article, which talked about a guy who sells virtual rain and "markets snow, clocks, University of Maryland basketball T-shirts, Duke basketball T-shirts (grudgingly), two-story Tudor-style homes, pinup posters from the 1930s and the sounds of barking dogs" in his spare time, made headlines. Although the article glosses over the learning curve associated with producing virtual goods, articles like this can lead to an upsurge in public attention to and adoption of virtual worlds.

February 14, 2010

Investments in Virtual Goods Companies Triple as Virtual Goods Sales Ramp

Engage Digital Media, a leading producer of trade events and media that focuses on social media, virtual worlds, user engagement and games, recently reported that investments and acquisitions in virtual goods-related companies tripled in 2009. In 2009, 87 Virtual goods companies raked in more than $1.38 billion as compared to 2008 when 34 companies received $408 million. In 2009, the virtual goods market was reportedly $1 billion in the US alone and $7 billion in Asia. And by all accounts, this growth is accelerating. According to a report from Inside Network, US virtual goods sales will increase to $1.6 billion in 2010. These numbers do not include the value of branded virtual goods which are often given away for free.

Noted virtual worlds analyst, Jeremy Liew, a managing director at Lightspeed Venture Partners, predicts that one of the trends to watch for 2010 is brand advertising starting to move more online. This prediction is already proving prescient. For example, Coca-cola recently announced a free virtual gift campaign to promote the launch of its Super Bowl ads. Participating users can send virtual Coke bottles to their Facebook friends. In return, the user can watch a preview of the Coca-Cola Super Bowl ads and for each virtual coke sent, Coca-Cola will make a real $1 donation to the Boys & Girls Clubs of America.

These and other signs are pointing to a rapid increase in the use of virtual goods, including by well know brands. With these tremendous opportunities come legal issues to protect the brands and minimize liability. Pillsbury's Virtual Worlds Team has prepared an FAQ which explains virtual goods, including some of the business opportunities and legal issues surrounding them. For a copy please contact James Gatto. For further information, please contact our Virtual Worlds and Video Games team.

December 28, 2009

Second Life Is Changing Its IP Policies

On August 4, 2009, Linden Lab, the owner of the popular virtual world Second Life, announced upcoming changes to its approach to intellectual property content management in the Second Life® virtual world. Although Linden Lab did not announce a specific time frame for implementa­tion, these changes will impact both mainstream, real-world companies and virtual world content creators who use the platform to run businesses. The changes include a streamlined Digital Millennium Copyright Act submis­sion process, new features for content licensing, and a content seller program offering official certification of content creators who provide identity and payment information to Linden Lab. In addition, Linden Lab is advocating that creators of content-copying tools voluntarily adopt industry standards to prevent abuse.

For more information about this change see our recent client advisory on Linden Lab's IP Policy Change

December 22, 2009

Virtual Goods = Real Lawsuit Against Virtual World Execs

A virtual world operator and its executives were sued for trademark and patent infringement over the unauthorized sale of virtual goods. The owner of a famous brand of goods sued the corporate operator of a virtual world, including the executives who run that corporation, for trademark infringement, design patent infringement and racketeering violations. Among other things, the brand owner noted the adult content of the website and the unauthorized use of both the name and the shape of the product as causes for concern. In what is a growing trend, the brand owner also targeted the individuals who make operative decisions for the corporate defendants. The owner subsequently dismissed the case without prejudice to re-filing in the future.

Click here for more information on this Virtual Goods Infringement Suit