Transcript of Judge Posner in Second Life

For those who couldn't attend Judge Posner's interview in Second Life (or attended it but couldn't hear alot), here is a link to the transcript. The transcript also has screen shots of avatars, as well helpful links. (Brava to Genevieve Junot and others at Creative Commons for the transcript and the event). The interview is wide-ranging and is based on Judge Posner's most recent book, Not a Suicide Pact: The Constitution in a Time of National Emergency. But, the audience was also salted with us copyright types, whch led to some very interesting exchanges. My avatar, Chalil Vandeverre, asked a few questions (although the transcript doesn't reflect all of them, perhaps because at one point a female avatar came and sat on my head).

Three copyright topics were discussed, parody/satire, fan fiction/derivative works, and architecture in Second Life, the subject of an earlier posting. Judge Posner noted that courts sometimes micharacterize parody as satire. I asked why he used such labels and instead didn't use his own labels of substitutability and complementarity. He responded that "Judges aren't yet comfortable" with those concepts. I then shouted out, "but they are your labels, so why don't you use them?" but alas, my question wasn't heard (maybe because at that point I was being sat on) even though Judge Posner said "I'd like to hear from the raccoon." (Later, I did get in a snide question: "What is so virtual about Linden's servers?" in response to the inevitable question "How does the idea of jurisdiction apply in a virtual world?").

On architectural works, Ludwig Swain (who was inaccurately described as asking my question; in truth, he had earlier sent me an email posing it), raised the issue of whether the "cloning of a copyrighted real work architectural work into SL would be infringement or fair use." There was then a discussion on the issue of habitability. Judge Posner raised the example of the pyramids. These would be considered habitable, although probably not original under our Act, at least as to the exterior.

In all, a very fun time.