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a TOS question |
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Jazz Roffo
Registered User
Join date: 19 Sep 2008
Posts: 9
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12-02-2009 13:49
removed and started new thread
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Raudf Fox
(ra-ow-th)
Join date: 25 Feb 2005
Posts: 5,119
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12-02-2009 13:56
*sniff* If I see a profile like that, then I reserve the right to never hear from them for any reason. Then I never need to speak to them.
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DiamonX Studios, the place of the Victorian Times series of gowns and dresses - Located at http://slurl.com/secondlife/Fushida/224/176
Want more attachment points for your avatar's wearing pleasure? Then please vote for https://jira.secondlife.com/browse/VWR-1065? |
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Seven Okelli
last days of pompeii
Join date: 4 Dec 2008
Posts: 2,300
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12-02-2009 14:01
Was this on a roleplay sim?
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Rock Vacirca
riches to rags
Join date: 18 Oct 2006
Posts: 1,093
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12-03-2009 02:47
Posting IMs is against the TOS, as Section 4.1 states we must comply with the Community Standards, which, under Section 4, Disclosure, says:
Remotely monitoring conversations, posting conversation logs, or sharing conversation logs without consent are all prohibited in Second Life and on the Second Life Forums. The key words here are "without consent" What that person was doing was using the old legal trick of implied concent (if you open this software packet you are agreeing to our Licence Agreement, if you do not agree, do not open it). It fails legally, because not everyone who starts an IM session with someone checks their Profile first to see the Disclaimer (that disclaimer (spelt correctly, and using proper grammar) should have been put in the first line response to every IM, not in their profile). Rock |
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Chokolate Latte
Registered User
Join date: 22 Dec 2007
Posts: 145
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12-03-2009 03:08
Was this on a roleplay sim? This is always a difficult one. In roleplay you sometimes need to produce your logs for roleplay validation, though most are happy with it as know it's necessary. I have had the situation before being a roleplay mod that someone took a picture of another AV to show invalid roleplay and passed it to me. The next moment I had the other person shouting and yelling in IM about how they are going to take legal action on having picture taken without consent etc. Maybe due to the fact I have roleplayed, I tend to work on the fact that anything you say can and may be used in evidence against you. Saying that, if I happened to see that in someones profile I would assume they are out for drama and avoid. Chances are though I would never see it as don't go round reading profiles of everyone I stumble across. _____________________
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Seven Okelli
last days of pompeii
Join date: 4 Dec 2008
Posts: 2,300
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12-03-2009 03:28
This is always a difficult one. In roleplay you sometimes need to produce your logs for roleplay validation, though most are happy with it as know it's necessary. I have had the situation before being a roleplay mod that someone took a picture of another AV to show invalid roleplay and passed it to me. The next moment I had the other person shouting and yelling in IM about how they are going to take legal action on having picture taken without consent etc. Maybe due to the fact I have roleplayed, I tend to work on the fact that anything you say can and may be used in evidence against you. Saying that, if I happened to see that in someones profile I would assume they are out for drama and avoid. Chances are though I would never see it as don't go round reading profiles of everyone I stumble across. That's what I was thinking. |
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Lindal Kidd
Dances With Noobs
Join date: 26 Jun 2007
Posts: 8,371
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12-03-2009 09:48
People who jump on their high horse in their Profile lead a very quiet and lonely SL existence, punctuated only by people who are as big an asshat as themselves.
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It's still My World and My Imagination! So there.
Lindal Kidd |
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Sindy Tsure
Will script for shoes
Join date: 18 Sep 2006
Posts: 4,103
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12-24-2009 12:46
/me spies a profile pick that amuses her..
This will counter your 'legal binding notecarded im's'. You are not allowed to notecard my IM's, unless you state in the window, you are recording them. If you do not, you will be taken to court for you have not provided me with a warning. If you say bullshit, this is the same as saying in a blanket term (I can do whatever I want with your im's)...so, not you can't. Lawyered. _____________________
Sick of sims locking up every time somebody TPs in? Vote for SVC-3895!!!
- Go here: https://jira.secondlife.com/browse/SVC-3895 - If you see "if you were logged in.." on the left, click it and log in - Click the "Vote for it" link on the left |
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Melita Magic
On my own terms.
Join date: 5 Jun 2008
Posts: 2,253
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12-24-2009 13:19
But do roleplay and other sims realize that when they ask someone for a chat log they are asking them to break LL's rules?
Sort of the same thing as "if I put this in my profile I can." _____________________
"Every time you help a newbie, an angel gets its wings." - from some movie or other...
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Dick McMinnar
Call me Richard
Join date: 27 Aug 2008
Posts: 127
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12-24-2009 13:31
Its a ToS violation that is only enfroced if you post it within linden controlled space. But... It is still a ToS violation if you post it outside of Linden space - and they could decide to enforce that with a ban or other punishment at any time... Actually no they can NOT enforce it out of Linden space. A newbie Linden once tried, and had her hand slapped for it. I'll see if I can dig up the relevant posts. _____________________
http://tinyurl.com/ml5x3u
Originally Posted by Stroker Serpentine “I’m not some kind of noob,” Catteneo said. “My name isn’t on file. I don’t even have a permanent address either.” Originally Posted by Lias Leandros "In the United States the courts ruled no child is involved in avatar depictions on the internet. Wat are you talking about?" |
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Sindy Tsure
Will script for shoes
Join date: 18 Sep 2006
Posts: 4,103
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12-24-2009 13:33
Actually no they can NOT enforce it out of Linden space. A newbie Linden once tried, and had her hand slapped for it. I'll see if I can dig up the relevant posts. That was Meta, IIRC. An incident best left in the past, IMO. _____________________
Sick of sims locking up every time somebody TPs in? Vote for SVC-3895!!!
- Go here: https://jira.secondlife.com/browse/SVC-3895 - If you see "if you were logged in.." on the left, click it and log in - Click the "Vote for it" link on the left |
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Dick McMinnar
Call me Richard
Join date: 27 Aug 2008
Posts: 127
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12-24-2009 13:36
That was Meta, IIRC. An incident best left in the past, IMO. Yes, it was Meta. Didn't take long to find references.. http://honeywendt.blogspot.com/2007/05/dear-linden-lab-is-this-what-you-call.html Various Lindens have stated over and over that the TOS does *not* apply to the rest of teh intertoobs, and they won't attempt to make it so. _____________________
http://tinyurl.com/ml5x3u
Originally Posted by Stroker Serpentine “I’m not some kind of noob,” Catteneo said. “My name isn’t on file. I don’t even have a permanent address either.” Originally Posted by Lias Leandros "In the United States the courts ruled no child is involved in avatar depictions on the internet. Wat are you talking about?" |
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Dick McMinnar
Call me Richard
Join date: 27 Aug 2008
Posts: 127
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12-24-2009 14:00
But do roleplay and other sims realize that when they ask someone for a chat log they are asking them to break LL's rules? Sort of the same thing as "if I put this in my profile I can." They really should cover their butts and make it VERY clear in their welome and rules notecards that chat logs could be required in order to resolve disputes. Otherwise they're just asking to be AR'd. Anyone who regards an easily editable text file as proof of anything is probbly bonkers anyhaow. _____________________
http://tinyurl.com/ml5x3u
Originally Posted by Stroker Serpentine “I’m not some kind of noob,” Catteneo said. “My name isn’t on file. I don’t even have a permanent address either.” Originally Posted by Lias Leandros "In the United States the courts ruled no child is involved in avatar depictions on the internet. Wat are you talking about?" |
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Dick McMinnar
Call me Richard
Join date: 27 Aug 2008
Posts: 127
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12-24-2009 14:12
The following is not mai creation, Tegg Bode is at fault. I only repost it here because his thread asking for input didn't receive the responses it deserved and it's pertinent to teh thread.
1) Whether you/they have read this posting or not, we hereby clearly notify specifically you and any other persons on behalf of our client who deny our clients permission to record their chat that our client wishes not to be recorded, quoted, copied or reproduced by you/them in Group Chat, IM, via chat written on prims, arrangement or sculpting of prims or voice even in local chat when not directly conversing, and therefore advise you and those parties that you/they must turn off any chat logging immediately and completely for otherwise meeting our client inworld or even entering the same sim or group IM would result in recording of our client's conversation therefore putting you/them in direct violation of their rights under the TOS enabling directliability for further legal action incuding all court costings for any legal proceedings ensued to obtain financial compensation for commercial, physical and emotional damages caused by you or those parties in any circumstances whatsoever. 2) If you/they do not state openly here that you/they have chat logging turned off and will not ever use the feature or turn it on within 30 days of this date, representing our client we must assume you/they are still using it forcing our client to AR you/them on sight or entering any communication distance or even common group IM for direct violation of our client's rights under the TOS and possibly initiate further legal action. 3) Our client also renounces you/them all permission on any pre-recorded material to this date, hence you/they must immediately search all your logs/recordings of all Chat/Voice and delete any recordings, copies or quotes of our client's conversations and state you/they have done this within 30 days or be guilty of violating our client's rights under the TOS and therefore be liable to an AR and further legal action. 10) Furthermore if anyone/avatar wishes to deny our client the right to repost their content from these forums and still retain the right to copy, then you/they too must here agree to the above conditions within 30 days hence automatically denying them any permission or rights to repost or have reposted any of my material precluding use of the inbuilt quote tool. This permission is also denied to any parties denying our client permission to record their chat or conversation or Voice and wishing to retain permission to record our client inworld. 11) You/they further more must state here that you/they will not copy any content that our client has posted on the forums from the forums to any other media as this is also a violation of TOS forcing our client to report you/them to LL and possible further legal action. 99) Precluding the inbuilt quote feature of this forum, our client also denies specifically you the real world person operating the SL avatar "Dick McMinnar", all alternative accounts and all parties representing you/your avatar permission to copy/reproduce any of our client's posting or content from within SL or these forums including this document. 500) If at anytime you have been declared a "blithering stupendous pre-natal idiot" by our client or a representative of our client has declared you a "blithering stupendous pre-natal idiot" you are to subject to the denial of permission to copy, quote or repoduce any communication or content produced inworld or the forums by our client in anyway at all, in any circumstances. 600) Anyother condition we feel like adding. 666) Not agreeing to these conditions or failing to respond within 30 days of this date constitutes agreement to these conditions and liability for all consequenses in any circumstances to all travel, transport, accommodation, meals, alcohol, fuel or ammunition usage, injuries, casualties, damages, collateral injuries, collateral damages, collateral casualties, pie, cleaning expenses, taxes incured and legal costings, armaegeddon ensured in the process of any legal, commercial, diplomatic, economic, international, physical, psychological, biochemical, nuclear or supernatrual action initiated by us or our client in any Virtual World, Forum or on any plane of existance in any of the 5 known and other unknown dimensions. Boyd Dewey Cheatem and Howe; Lawyers, _____________________
http://tinyurl.com/ml5x3u
Originally Posted by Stroker Serpentine “I’m not some kind of noob,” Catteneo said. “My name isn’t on file. I don’t even have a permanent address either.” Originally Posted by Lias Leandros "In the United States the courts ruled no child is involved in avatar depictions on the internet. Wat are you talking about?" |
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Didi Dominquez
Registered User
Join date: 6 Jun 2008
Posts: 2
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12-24-2009 15:08
Actually no they can NOT enforce it out of Linden space. A newbie Linden once tried, and had her hand slapped for it. I'll see if I can dig up the relevant posts. They still try... and it's not the newbie Lindens that do it. I know of two people who received suspensions, for posting on an outside blog, during 2009. The suspensions were lifted after LL were reminded of their own TOS & Community Standards In regards to the OP, though. I've seen similar, if not the same profile. What surprised me the most, was it belonged to SL businessman and definitely not a RP'er. |