Software Developer Sues Avatar for Copyright Infringement

TAMPA, Fla. —Eros LLC founder/CEO and software developer Kevin Alderman has filed a civil lawsuit in U.S. District Court in Tampa, Fla., against the owner of a virtual reality Second Life avatar named “Volkov Catteneo.” Alderman has accused the “John Doe “ plantiff of selling unauthorized copies of Alderman’s company’s software called the SexGen Platinum Base Unit.

Using Second Life scripting language, SexGen Platinum puts code into objects in the digital world; frisky Second Lifers can then use the objects to access menus of various sexual positions and actions their avatars can perform. The software retails for $45.

Alderman, who allows the software to be transferred by users but not copied, alleges that Catteneo continues to replicate and sell the program, which Alderman’s lawyer Frank Taney describes as “the most popular adult-themed product in the Second Life World.”

According to an article on Yahoo News, Alderman filed suit on July 3 and also has tried to communicate with Catteneo.

“We confronted him about it and his basic response was, ‘What are you going to do? Sue me?’” Alderman said. “I guess the mentality is that because you're an avatar ... that you are untouchable. The purpose of this suit is not only to protect our income and our product, but also to show, yes, you can be prosecuted and brought to justice.”

However, the case will be one of the first Second Life disputes litigated in a real world court.

Second Life, created by San Francisco-based Linden Labs, is an online digital world where inhabitants are granted basic avatars as representations of themselves. Once “in-world,” residents can purchase upgrades to their avatars, property, merchandise and services using real money. Second Life dollars, called “Lindens,” equal 270 to $1 U.S. The Second Life site’s front page list a daily average of dollars spent, currently at $1.1 million.

Retailers like Alderman are able to generate actual revenue. In Eros’ in-world shop, there is a staff of avatars to provide customer service and users can try out software applications before purchase.

Despite the digital nature of the accused content pirate and the virtual environment where he is allegedly peddling his wares, Taney said that the lawsuit clearly has a basis in reality.

“It’s a piece of software and software is copyrightable,” Taney said. “It's also expressed in graphics, which also are copyrightable. There is some sizzle. People like to say it's really far out there, but at the end of the day I equate it to basic intellectual property principles.”

Taney also has said he believes that he knows the actual identity of Catteneo, and is compiling records from eBay Inc.’s PayPal payment service, chat logs and the avatar’s trade history in Second Life through subpoenas.

“There is a whole lot less anonymity on line than people think. There are over 20,000 people who have been sued for downloading music. They may have felt anonymous, but they weren’t,” senior staff attorney at the Electronic Frontier Foundation Fred von Lohmann said.

“In a virtual world, you have the ability to gather evidence that you don’t have in the real world,” Lohmann said. “Everything that happens in Second Life is reflected on computer servers. Depending on how long they keep your records, you could actually replay the event as it happens.”

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

VerifyMy, ID X Lab Partner for 'AnonymAGE' Verification Solution

Safety technology provider VerifyMy and digital trust specialist ID x Lab have partnered for an age verification solution called AnonymAGE.

Attorney Corey D. Silverstein Launches 'Q&A Series' on Social Media

Adult industry attorney Corey D. Silverstein has launched a Q&A series on his social media platforms.

Pineapple Support Marks 7th Anniversary

Pineapple Support is marking its seventh anniversary by citing its accomplishments and noting its challenges.

'Over the Top' North Carolina Bill Could Play Havoc With Adult Sites

A bill filed in the North Carolina state Assembly on Monday would impose new rules that industry observers warn could push adult websites and platforms to ban most adult creators and content.

Swedish Government Proposes Ban on Purchasing 'Remote' Sexual Services

The Swedish government has asked the country’s Parliament to amend Swedish law so that current laws against purchasing sexual services would also apply to acts performed remotely by cammers, streamers and custom content creators.

PASS Announces New Membership Program for All Adult Industry Workers

PASS has announced a new membership program for all sectors of the adult industry.

Jewelz Blu, Stripchat to Host XSIV Magazine Launch Party

2025 XMAs winner Jewelz Blu will host an invite-only launch party for the Music issue of XSIV Magazine at Stripchat XSIV House on April 19.

Ofcom: Age Assurance Going Live Across 'Thousands' of Porn Sites

U.K. communications regulator Ofcom said in a statement Thursday that providers of online pornography are implementing age assurance across “thousands of sites” accessible in the U.K., in response to Ofcom’s Online Safety Act (OSA) enforcement program.

ASGMax Debuts 'Roleplay' AI Chat Feature

Alpha Studio Group (ASG) has introduced the ASGmax Roleplay AI chat feature.

XBIZ Miami's Host Hotel Sold Out, General Registration Now Open

Guest rooms at XBIZ Miami’s exclusive conference venue, Nautilus Sonesta Miami Beach hotel in South Beach, are now completely sold out.

Show More