Web Gaming Dispute Grows
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Gabe Lippmann
"Phone's ringing, Dude."
Join date: 14 Jun 2004
Posts: 4,219
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05-14-2006 17:21
From: Barbarra Blair I'm not a lawyer, but I've been around long enough to know that you don't just blow someone off when they claim that you owe them money--especially if you DO owe them money because they've deposited it in an account with you. I can't possibly imagine what argument Linden Labs will put forth to claim that they have the right to confiscate cash unless they actually bill the person for the amount in their account and can document what they are being billed for. Linden dollars or Linden land are something else, as they essentially all belong to Linden Labs anyhow. The courts really will have to sort that one out.
Similar to a gift card or something like Disney Dollars, essentially scrip, I don't think LL can confiscate the legitimate balance from the account holder.
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jula Raine
Registered User
Join date: 12 Dec 2004
Posts: 1
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05-14-2006 17:53
From: Michael Seraph This guy found a way to bid on sims that weren't supposed to be up for auction yet. Key words. 'Sposed to be'. There was a thread here that someone posted the auction actually said 'BID NOW' but it wasn't 'Supposed to' say that either. From: Michael Seraph He won in auctions that nobody else even knew about. there was another thread here where, of 13 auctions, the guy won 3. Seems like SOMEONE knew about them. And oh yea, we're not talking about ONE GUY, seems the article is quite clear that there are more people out there that got the axe in this issue, and not just the ones that bid. From: Michael Seraph It was underhanded and unethical. And you are just upset that they closed the auctions before you could grab a couple sims yourself, tell the truth. From: Michael Seraph It also got him booted. Good for LL. By the way, all sims auctioned for under $2000US are now under valued. LL has discovered that ONE person actually took posession of a sim they bid $2010 for, so all auctions (except those won by Anshe Chung) are being anulled, the land is being reverted BACK to Gov Linden. And the accounts of the winners are being closed without notice, because if you bid UNDER $2000, even though it wasn't 'Supposed to' be listed at $1000, it was, and you obviously EXPLOITED the system. Follow the logic here. LL Listed at $0 BY ACCIDENT. Was it the Preacherman's fault? Was it the Attorney's fault? Was it the other people's fault? no Nimrod points out in a thread two weeks before hand that 'Inocent' people could find the undervalued auctions and 'Accidentally' bid LL knew LL Didn't care then. These folk find out and LL loses $13,000 US. That's a drop in the bucket - but they take it out, not only on the bidders, but the bidders family too? Sorry. But that sounds like RICO to me. From: Michael Seraph If you found a way to buy a sim for a thousandth of the regular price would you buy it or ask LL if it was a glitch? Get your Analogies right. They BID, they didn't BUY. They waited 48 hours. The Lindens WERE asked. People got OUT BID. From: Michael Seraph Either he's really really naive and didn't know that he was taking advantage of an exploit, or he knew exactly what he was doing. Either way, it doesn't really matter. Your right, it doesn't matter. LL's responce, is wrong. I hope the preacher wins.
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Merlyn Bailly
owner, AVALON GALLERIA
Join date: 7 Sep 2005
Posts: 576
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05-14-2006 17:55
From: Csven Concord This is where I think LL may have a problem:
I could most definitely see this happening.
{bold added to assist people in understanding this comment is far from being anything other than merely speculative and based on nothing more than the potentially flawed reports from one party involved in the dispute.} That depends on whether he sent the query to LIVE HELP (who are mostly VOLUNTEERS, not Linden EMPLOYEES, tho sometimes you do get a Linden to answer) or an IM to a real Linden.
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Loniki Loudon
Homes By Loniki
Join date: 5 Dec 2005
Posts: 176
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05-14-2006 17:56
From: Barbarra Blair I'd imagine that Linden Labs in the end will have to refund any US $ if they can't prove that those dollars were owed to them, unless they specifically post some fee associated with shutting down an account and repairing any damage associated with "exploits." It also sounds like the fellow in Florida actually warned Linden Labs that the exploit was possible, and they didn't pay attention. I'm not a lawyer, but I've been around long enough to know that you don't just blow someone off when they claim that you owe them money--especially if you DO owe them money because they've deposited it in an account with you. I can't possibly imagine what argument Linden Labs will put forth to claim that they have the right to confiscate cash unless they actually bill the person for the amount in their account and can document what they are being billed for. Linden dollars or Linden land are something else, as they essentially all belong to Linden Labs anyhow. The courts really will have to sort that one out. It would be my guess that most of the money in those accounts came from reselling the exploited land. If LL had to take that all back, they probably had to reimburse the people who bought the stolen land and that would have to come out of those accounts too before anything is returned. If they got to keep the land, there would not be enough in those accounts to pay what the auction should have cost and they may very well owe money.
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Merlyn Bailly
owner, AVALON GALLERIA
Join date: 7 Sep 2005
Posts: 576
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05-14-2006 17:57
From: Vishus Bunderfeld Copyright 2006. Warren Communications News, Inc. All Rights Reserved. WASHINGTON INTERNET DAILY Monday, May 15, 2006 Vol. 7, No. 93 WEB GAMING DISPUTE GROWS as other Second Life users surface with claims of being locked out of the game unfairly. Federal court case in the works, user says. (P. 3) More Court Complaints? Plot Thickens in Second Life Scuffle A real world lawsuit over a virtual land deal gone sour could spur more legal action if the company at the center of the controversy doesn't make amends with its users. A suit filed last week by attorney Marc Bragg against Second Life, a 3-dimensional Web game created by Linden Lab (WID May 9 p3), has prompted other players to contact Washington Internet Daily to tell similar stories about being owed money and seeing their accounts frozen. Linden's lawyers continued to decline to discuss the allegations with reporters. Last week's suit, filed in W. Chester, Pa. small claims court was the tip of the iceberg, users told us. That complaint sought $8,000 in financial damages, in part for a breach of a virtual land auction contract and for violation of the state's Unfair Trade Practices and Consumer Protection Law. Web developer and Second Life gamer Paul Coates, who has been barred from the game over a land deal, said he was putting the finishing touches on a complaint Fri. to be filed in U.S. Dist. Court, Ocala, Fla. The stakes in his suit will be higher than Bragg's, he told us. Coates, whose game name is "Mezentius Speculaas," bought several plots of land in an auction, kept one and resold the rest for a profit. The cut-rate price he paid for the land was a red flag for Second Life administrators he alleges barred him from the game and confiscated the virtual property. Coates said Linden notified him by e-mail that the land had been acquired through an unauthorized exploit.
That cut-n-paste exploit is evidently being passed around like M&M's. Too bad it's still FRAUD.
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Jopsy Pendragon
Perpetual Outsider
Join date: 15 Jan 2004
Posts: 1,906
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05-14-2006 18:01
From: Jonas Pierterson I'm talking about land he put up for auction, someone buys, then claims a 'mistake' so its reversed. Nothing about stolen land, and LL should have something up to prevent bids of 3 dollars anyway.. Only Linden Labs can put land up for 'auction' unless there are new features I'm not aware of. 1) Linden Lab owns both the currency and the land in SecondLife, and can do with either whatever they like with either... in my opinion. Abuse of the 'service' SHOULD result in immediate denial of access to the service pending resolution. However I would expect that the US$ funds given to Linden Lab for the purchase to be refunded immediately if they aren't going to honor the hacker's "purchase". 2) In RL credit is as common as cash. Many credit cards offer purchase protections. If I buy something and am defrauded, I can appeal to my credit card agency and might get the the charges reversed. Returning the merchandise however is out of their control. With SecondLife they can ensure that the transaction is backed out completely if the buyer puts for th a sufficiently plausible case. 3) Good luck to these exploiters. Someone that guesses the combination to a lockbox and helps themselves to the contents is still a thief. I hope the judge in this case sees the situation in a similar light. 4) By saying 'Good luck' I am in no way giving them my 'green light'. Naturally I don't work at Linden Lab so it doesn't mean the same if I say it... than if some volunteer liason or LL employed support person with no authorative say over auction matters said it. Having Linden Labs wasting time defending themselves in court over this is not what I want them to have as their priority. I want my tier fees going towards development not lawyers. -- @(#$&  !_(*#@
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Jonas Pierterson
Dark Harlequin
Join date: 27 Dec 2005
Posts: 3,660
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05-14-2006 18:26
On a side note Ocala is a nice area. I lived in Fruitland Park for a while.
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Velox Severine
Network Slave
Join date: 19 May 2005
Posts: 73
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05-14-2006 18:42
From: Second Life TOS 1.4 Second Life "currency" is a limited license right available for purchase or free distribution at Linden Lab's discretion, and is not redeemable for monetary value from Linden Lab. From: Second Life TOS 3.3 Linden Lab retains ownership of the account and related data, regardless of intellectual property rights you may have in content you create or otherwise own.
You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data Linden Lab stores on Linden Lab servers (including without limitation any data representing or embodying any or all of your Content). These lawsuits have absolutely no basis. 1) The land was purchased through an exploit which accessed the auctions currently not publicly listed in the auction page. 2) Your account, virtual land, and virtual currency (L$) are not your property, nor does the L$ have any legal redeemable value. Do you sue Chucky Cheese's because their play-tickets you tried to use to get that doll set you wanted from the prize counter were taken away after you stole the tickets from the machine? No. Take a step back and see the big picture here.
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Jonas Pierterson
Dark Harlequin
Join date: 27 Dec 2005
Posts: 3,660
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05-14-2006 18:50
The land issue I was spekain gof is Somme's. if he were getting the money, I can only presume he was the owner. it may have been a standard buy not auction and I was confused. Mistakes happen.
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Velox Severine
Network Slave
Join date: 19 May 2005
Posts: 73
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05-14-2006 19:02
And I'm not chiming in on the issue where LL returned land, I'm speaking of the basis of this topic, the current lawsuits against LL.
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Leaf Evans
Greenboy
Join date: 9 May 2006
Posts: 61
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05-14-2006 22:14
From: Chri5 Somme "Well we ran into a bug, the person thought it was on sale for 10K but it sold for 100K to her. We refunded the money and gave your land back, you are not at a loss." This sort of 'accidental' bidding happens all the time on eBay -- where a user, for whatever reason, puts in a ridiculously high bid on something to insure no one else can win it then, when the auction closes and they're asked to pay up, they suddenly have upteem different excuses as to why they can't pay ("I hit too many 0s", "I got in a car crash", "My son used my account to bid without permission", "I have a split personality"..) In reality it's called 'buyer's remorse'. Heh.
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Loydin Tripp
It may be virtual but...
Join date: 28 Apr 2006
Posts: 150
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05-14-2006 22:50
Forgive me if this appears to be a stupid or obvious question but I have seen this issue mentioned a number of times here in the forums. I don't know if more than one person has done this or if each forum post is about the same incident.
It is like I have come in on a story too late, what exactly happened? I know a guy got some land with some kind of price that was unbelievable and that he claims that he used no exploit and Linden claims he did, back and forth, tisk for task.
The question is how can you have an exploit that gets beyond an auction process? Now I don't want anyone to tell me how because I am not interested in how to do it myself or reveal it to some one else but can someone explain in loose terms how this is done? Does this really exist?
The reason I really want to know is because I want to know how solid the Linden system really is, in other words can I enter an auction with any hope that it is an actual open, transparent and fair system and not rigged?
Although I find they are quite clear in their TOS I find the rest of their documentation and rules at best, murky.
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Shack Dougall
self become: Object new
Join date: 9 Aug 2004
Posts: 1,028
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05-14-2006 23:11
From: Loydin Tripp Forgive me if this appears to be a stupid or obvious question but I have seen this issue mentioned a number of times here in the forums. ... The reason I really want to know is because I want to know how solid the Linden system really is, in other words can I enter an auction with any hope that it is an actual open, transparent and fair system and not rigged?
Although I find they are quite clear in their TOS I find the rest of their documentation and rules at best, murky. Any auction that is on the auction page is open, transparent, fair, and not rigged. Here's my understanding of what happened. There's always been a way to see the land auction detail page on the website before the lot shows up on the main auction page. You go to a piece of land that has been marked to be auctioned at an unspecified later date. Get it's Auction ID from About Land. And you could punch it into a web URL to see the auction detail page for that land. No harm there. The exploit was that one or more people realized that you could then start a hidden auction on that land. Since it hadn't been set up to auction yet, there was no minimum bid and it was not visible on the main auction page. So they were able to buy a sim for almost nothing with no minimum bid and no competition in the auction. That hole has been patched I would imagine. And it never affected the real public, legitimate auctions.
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Lewis Nerd
Nerd by name and nature!
Join date: 9 Oct 2005
Posts: 3,431
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05-14-2006 23:27
I believe there's also something nobody else has covered here: Intent.
What was the first thing this guy did once he won the fraudulent auctions? Split 'em up and sell 'em on.
Now, if that had been any rational, clear thinking person, they'd have thought "hang on, that can't be right, best contact LL before I do anything else with it" - but no, we have an ambulance chaser. Not exactly the most consciencious breed of human on this planet. He knew what he was doing, he knew what had happened, so he turned round and went to make an immediate profit out of a glitch in LL's system.
Starting bids for $1 is no problem - I've done it on Ebay many a time on things that would be fun to have at $1, but not worth $10 (laptop computers, for example). The fun of bidding is worth it for the risk of a bargain. But on Ebay, there are 'minimum bids' or 'reserve values' which can be set; if the seller doesn't, that's their problem.
But let's not forget that the fact is that these sims were not up for auction yet - hence the $0 bid - and this guy found an exploit which overrode the system and gave him a $1000 sim for $1.
I mean, we've all done things before, like getting 75p change out of a 50p coin when buying a bar of chocolate, and smiled at our fortune - but there's a big difference between $1 and $1000.
I believe LL should refund the money he paid for the sims - minus of course their regular handling fee - but that's all. Damages? For what? Being caught????
Lewis
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aEoLuS Waves
Koffie?
Join date: 10 Jun 2005
Posts: 279
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05-14-2006 23:33
LindenLab wants you to send all your "hacks" to O'Reilly SL Hacks!
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Loydin Tripp
It may be virtual but...
Join date: 28 Apr 2006
Posts: 150
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05-15-2006 02:19
I am sorry but that seems like an exploit, and what leg does he wish to stand on?
It also clears up another question that I have had... why do I see land labeled for auction (purple) on the map that does not appear in the list on the website.
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Eggy Lippmann
Wiktator
Join date: 1 May 2003
Posts: 7,939
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05-15-2006 02:48
From: Chri5 Somme SL is untrustworthy in my eyes. I think I speak for everyone here when I say, YOU are untrustworthy in SL's eyes 
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Jonas Pierterson
Dark Harlequin
Join date: 27 Dec 2005
Posts: 3,660
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05-15-2006 04:36
Not everyone. I'd trust him as much as I'd trust you, Eggy. not his fault people get buyers remorse and his land sales get reversed.
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Good freebies here and here I must protest. I am not a merry man! - Warf, ST: TNG, episode: Qpid You killed my father. Prepare to die. - Inigo Montoya, The Princess Bride You killed My father. Your a-- is mine! - Hellboy
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CJ Carnot
Registered User
Join date: 23 Oct 2005
Posts: 433
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05-15-2006 04:59
From: Jonas Pierterson not his fault people get buyers remorse and his land sales get reversed. Sure, but just out of curiosity, how large was the plot he sold, and why did he put it up for sale at a "highly expensive rate" (his words) of 100K ? There might be legitimate reasons for this of course but it does beg a few questions about his morality. Was he perhaps hoping someone might make this mistake even ? There's also a well documented scam of price changing at the last minute. Not saying that's the case, but I have to say I was suspicious from his first post. The fact that this posters problem would never have arisen had the land been priced anywhere near a reasonable rate doesn't lead me to have much sympathy for or trust of him.
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Jonas Pierterson
Dark Harlequin
Join date: 27 Dec 2005
Posts: 3,660
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05-15-2006 05:27
If it was a sizable plot, and there was no price changing, then there should be no reversal. If there was a price change then LL should do more than return the money to the buyer, they should suspend or ban the seller.
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Good freebies here and here I must protest. I am not a merry man! - Warf, ST: TNG, episode: Qpid You killed my father. Prepare to die. - Inigo Montoya, The Princess Bride You killed My father. Your a-- is mine! - Hellboy
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CJ Carnot
Registered User
Join date: 23 Oct 2005
Posts: 433
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05-15-2006 05:31
Sure, I do agree with you, but he said "rate" not price hence the consideration that it was most likely highly overpriced whatever the size, and as the issue here was trust that's enough for me to at least question his intentions and ethics.
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ReserveBank Division
Senior Member
Join date: 16 Jan 2006
Posts: 1,408
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05-15-2006 05:38
From: Aodhan McDunnough LL doesn't have a problem with that message. Wishing luck in an auction is not the same as giving the green light to bid. The auction in question was still closed. The definition of "Wishing Luck" will be in the eyes of the Juror. And these days, Jurors are Anti-Corporation...
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Blueman Steele
Registered User
Join date: 28 Dec 2004
Posts: 1,038
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Wait isn't he a lawyer?
05-15-2006 05:42
seems he's using this suit for the gain of his practice. great... people who specialize in suing MMO's http://www.chescolawyers.com/
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Blueman Steele
Registered User
Join date: 28 Dec 2004
Posts: 1,038
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the wording
05-15-2006 05:46
I hate this whole "over a land deal".
I'd thought he'd actually used glitches...
If I found a glitch in an ATM that let me take out more money would they let me keep it?
all I can say is ...
Lisa: Good luck in your trumped-up lawsuit, Dad. Homer: [hugs her] Thanks. That means a lot to me.
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Paulismyname Bunin
Registered User
Join date: 29 Nov 2005
Posts: 243
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05-15-2006 05:53
Shaun and Lewis.
Getting back to my original point and if this case proceeds to court I think it depends on if the legal system in the USA views this as a game or a trading platform.
If it is viewed as a game then my first life experiance has no bearing here and what will happen will be the law of Governer Lindon.
On the other hand if it is (Second Life) viewed as a platform then the outcome becomes very interesting and not easy to predict.
Arguments could range through the common carrier stance right through to if the Linden TOS can be legally enforced.....
Finally I really do think Linden have shot themselves in the foot on this issue. For the sake of $5,000 odd (which could be set against tax or reclaimed via insurance) they are running the risk of expensive legal action, bad publicity, and loss of faith.
As a type of real life trader I have learned one lesson. When the sh*t hits the fan it is usually an absolute rule that the first loss is nearly always the best and least painful loss. Of course that could apply either way but I believe that within Second Life's subscriber base there does exist some quite wealthy first life people, who may on a point of principal be prepared to risk tens of thousands of dollars to prove a point for a return of a few Linden dollars.
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