Update: See Strawberry’s Monday Mime.
Last Saturday the United Content Creators of Second Life™ (UCCSL) sponsored a meeting to discuss the Terms of Service (ToS) changes made in August. They put together a panel of attorneys to answer questions. I think it was the Second Life™ Bar Association that provided RL attorneys to form an answer panel. I was able to attend only part of the meeting, but there are audio recordings and Machinima of the entire 3-hour meeting.
A full three-hour audio recording was captured by Toysoldier Thor. You can listen to it from a link on Toy’s blog: Recap & Audio – Inworld Legal Panel Talk on LL TOS. Toy’s opinion is that people should listen to the audio and make up their own minds about opinions provided by the UCCSL panel. I’ll go a bit further and add some opinion.
Inara has a summary of the meeting up. See: ToS changes: Legal panel discussion – audio recordings and notes. She has images of the slides used in the meeting. Plus lots of time marks in the summary. Continue reading
Ziki Questi just blogged about another artist stopping work in Second Life™. This artist is Johnas Merlin. In the middle of an LEA project (Linden Endowment for the Arts) Johnas has stopped work. The reason given is the textures Johnas was planning on using can no longer be used in Second Life. So, this piece of art is going to remain unfinished.
You can see Ziki’s article here: Quantum Reflections, Victim of the ToS.
Hamlet Au ran a poll on New World Notes asking if creative types had stopped creating and uploading to second life. Of the 266 poll participants 121 answered they have. There were 32 others that selected the other option. That gives us a total of 153 or about 57% that stopped uploading content to Second Life™.
You can see the poll result here: Linden Lab ToS Survey Results: Majority of Respondents Have Stopped Created/Selling Second Life Content.
As family points out, this TOS change has gone far beyond just drama. We are seeing a change in resident behavior. I have to wonder if this is starting to show up in the stats Linden Lab tracks. This would be a good question for people to be asking of the user group meetings.
Ouch! I just saw where Gaia Clary, mover and shaker of Machinimatrix.org, has just posted how Avastar® is being changed to be an OpenSim focused tool rather than a Second Life™ focused tool. I think that strongly suggests how Gaia sees things going in the future.
See: Machinimatrix on Linden Lab’s Changes in TOS
Toysoldier has a blog post up on the ToS meeting I mentioned on Sunday. He has made a transcript of the meeting available as a PDF. See: Transcripts from Sep-29 SL Inworld Meeting on L.L. TOS Issue.
Get a Protest Sign
Ernie Farstrider, a RL retired academic administrator for all of a large university’s intellectual property, sponsored the meeting. Ernie states that he believes “moral rights” are unalienable. He provided links to Harvard’s pages on moral rights. Kylie Angel Skyborne facilitated/moderated the meeting.
It seems Toysoldier Thor has been pushing this issue in the creative community. He was asked to speak at the beginning of the meeting: (I’ve made spelling and grammar corrections [ ] as this was taken from a transcript of live chat. This is not a full transcript, but highlighting of the things I found of interest.) Continue reading
Inara Pey has an article up about a meeting this Sunday to discuss the change in the Second Life/Linden Lab Terms of Service. That meeting is today, Sunday, at noon SL Time (PDT). See: ToS Changes: in-world meeting.
The meeting will be at: East, West, North Galleries Ampi-Theatre. Region: Georgiana 159/189/1800. This is a main land region from the looks of it.
I couldn’t figure out who is sponsoring the meeting. So, I went there to see what the deal is. On TP’ing in you get this note card: Continue reading
There’s still quite a bit of discussion going on about Linden Labs™ new TOS. Lots of misinformation is appearing as people are giving their opinions. I think I have a few things to add to the discussion.
Empty Malls? – Image by: Lost Tulsa via Flickr
First, for those that want a definitive answer there is no choice but to consult an attorney. But, there are free legal advice services on the Internet, just Google free legal advice. You don’t have to hire an attorney. But, remember it is free. You get what you pay for.
Many haven’t bothered to inform themselves what the discussion is about. Remember. For some time the Lab has had a ToS that says you give them the rights they need to operate the service. Since you are GIVING them nonexclusive rights you have, since you created the ‘thing’, copyright is a non-issue. You are giving them a copy of your copyrights to your ‘thing’. This is not new.
Also, a number of people think you’re giving away your rights. You aren’t. The Linden TOS says you are granting them nonexclusive rights. That means you get to keep all your rights too. If you are giving up your rights, you would be granting them exclusive rights.
The change from all the previous TOS versions, as best I can tell, is removal of the clause: …rights needed to operate the service. (That is paraphrasing.) This little clause is the point of all the discussion. This clause limited Linden Lab to using your stuff with Second Life™ and only in connection with Second Life. Or if you push it another level up, with the services Linden Lab provides you. Continue reading
Hamlet Au has an article up on New World Notes about longtime creators removing their products from Second Life. This is because of the change in the terms of service. See: Longtime Second Life Content Creators Remove SL Work in Protest Over Linden Lab’s New Draconian Terms of Service.
Removing content is one of the actions I pointed out in my article: Second Life ToS Change. Now we’ll see how many people follow the Odd Fellows.
Is the new TOS having any effect on you?
If your merchant are you still uploading new content?
Hamlet quotes Nerad Oddball saying, “‘Oh, but we wouldn’t really [take your content]!’ doesn’t rate.” There’s some tricky quotes there.
Nerad makes the same point I did in my article. What happens if Second Life is sold for some reason? The new buyer will see all the stuff in SL as there’s. And they can do with it whatever they want to court in this current TOS.
So the BIG question is; why won’t the lab put back in the clause that makes this a limited license? Hamlet says he’s asking. I doubt were going to hear real answer, at least one we want to hear.
There are now 15 screens of entries in the SL forum thread: Updated LL TOS Claims FULL RIGHTS to ALL CONTENT.