
As you all know, drama in Second Life's fashion industry is a rare occurrence. And by rare I mean that designers will rest for entire minutes between ripping the eyes out of their various competitors eye sockets. And by competitors I mean friends. It's almost a kind of performance art to watch finely crafted flexi hair flying about in slow motion as bling-filled stiletto heels land devastating blows onto alluringly textured butt-cheeks. I can just hear it now...
"Oh No You Di-ent!"
"Bring it, Bitch"
"It's been brought!"
"Huh, Touché my nimble young nemesis. It's clear that I have been bested both in verbal acuity and force of will. I do yield to you, oh my worthy opponent!"
Ok, that last part I added in lieu of a high-pitched repeat of "Oh No You Di-ent!" But I had to spice up this debate before I ended up hurling my body, feet-first, into a chipper shredder. Anything to make the pain stop.
The fashion drama du jour is in regards to a recent campaign by Ambyance2 Anubis, Lost Thereian, and Starley Thereian against Mistress Midnight and Torrid Midnight. The battle has become profoundly emotional and has even resulted in anonymous blog-style hit-jobs against Torrid and Second Life's venerable designer Nephilaine Protagonist.
The crime was texture theft, well, sort of. Not really. The item in question was one of Starley's skins, which Mistress Midnight purchased. She then used the infamous OpenGL texture-ripper to obtain the skin texture so that she could make personal modifications to it. She did not distribute or resell the skin, she only made modifications to the skin she purchased for personal use.
This debate opens a bit of a Pandora's box about how much control we are permitted to exercise over products we have purchased in Second Life. To some, the content creator has every right to determine what you may or may not do with the item after purchase. The use of the "no-mod" status or prior notice on an item should be a clear enough indicator as to the content creator's wishes and those wishes should be law.
Over at Mistress Midnight's Blog, Starley herself indicated that her concerns were threefold. First, she didn't want people to think she was the one who "ripped/frankenskinned and then sold or gave away their work." She went on to say she didn't have a good way to determine if anybody had purchased her skin (though she did confirm that Mistress did indeed purchase a valid copy of her skin.) Finally she confesses that if she had intended users to freely modify her skins, she would have charged more money for the items.
Not everybody agrees. Some like Second Life's History Wiki's founder, Eggy Lippmann, feel that the owner has a right to modify an item after purchase. "It is like that in the real world. You buy something, you are welcome to smash it into a million pieces," mused Mr. Lippmann, "I don't see anything illegal or immoral in that."
Also, famed SL content creator Hiro Pendragon made Second Life skins a special case. "[It] Greatly depends on what that item is. I personally hate that you can't add stuff to a skin. We've been promised extra tattoo layers. Some people make a business out of modding skins they sell. But seriously, I think this is backwards thinking. I think anyone should be able to add any *addition* to skin they own. Like scars, tattoos, makeup. So I suppose if someone rips the skin, and mods it only for their AV, that to me is fine."
While the moral issues regarding personal skin modification are difficult to quantify, the regulatory aspect should at least be cut and dry. While no abuse report has yet to be filed it seems unlikely that there is a legal or TOS violation here. LSL Wiki founder, Catherine Omega had this to say, "Redistribution and resale of other people's IP is wrong, but doing whatever you want with it for your own personal use is most definitely covered under Fair Use. Further, this is not DRM circumvention, prosecutable by Linden Lab under the DMCA, as the data is already decoded by Second Life. The tools Mistress describes involve pulling texture and geometry data from the video card and/or OpenGL processes." Ginsu Linden, Second Life's legal adviser, was not available for comment.
Covering a more human side of the debate is Snapzilla's Cristiano Midnight who lamented, "I think the saddest part in all of this is how unnecessary the public spectacle is. While you have people out there actually stealing content and reselling it, all of this effort is being wasted on attacking friends in a pathetic war of the blahgs [sic]. All of this could have been settled privately. At least the publicity of all of this happening the day before the new sim opens certainly helps, eh? Timing is everything."
Whoever is right or wrong in all of this, the reputations and credibility of Second Life's fashion industry may be by far the biggest casualty. No scratch that. My will to live is the biggest casualty. If anybody needs me I will be in a chipper shredder.
Oh No You Di-ent!












1. Of course you can frankenskin your skin. Why can't you? If somebody doesn't value your design and wants to change it, of course they can. BTW, prefab makers also get all prim-a-donna in this way, making their wallpaper and texture selections unmoddable. They abhor the idea of anyone Tampering with Their Vision. Ok, when they do that, I tend not to buy their Vision and buy a vision I can revise from some of their wonky notions of what people actually want to live in.
I'm confused as to whether this drama de jour is the same one that Torrid was opaquely referring to on her blog about stabbing and people not forgiving her blah blah.
I guess I think what this is really about is lots of new people coming in, and having traffic and sales more than all of you put together. That must be unpleasant, but that's life in the big city.
BTW, I'm also not getting all this big talk about "prosecutable by Linden Lab." LL can't do anything about anything. They can agree to comply with a takedown notice -- but they can't be the force that issues that takedown notice by their judgements. People keep seeing them as "doing nothing". But as a common carrier in a safe harbour, it seems to me, they can't be expected to do anything. If there is theft of IP, you have to a) have already gotten a real trademark in RL through the labourious and perhaps expensive procedures that RL necessitates; and 2) get a real lawyer in RL, with RL expense and trouble. I'm not aware of a single case where anybody has done that. When there are some, then LL can perhaps be called upon to comply.
I do hope in contemplating the folly of this particular story that you will also come to see the error of your ways in slamming people who sell freebies, too. Check off "no transfer" or "no mod" if you feel clutchy, and then shut up. Oh, the issue is she "used the infamous OpenGL texture-ripper to obtain the skin texture so that she could make personal modifications to it". Well, if it was on no-transfer and no-mod and this was done for personal use only, or even first-sale of one-time sale, it seems to me there is no case. Only if a) it was trademarked and b) someone made numerous copies or put the modified skin now on copy to sell endlessly could there be a case. So...there's no case. Next.
Posted at 10:57PM on Sep 7th 2006 by Prokofy Neva