Restrictions on full-perm items?

I was browsing one of the SL shopping sites today and I came across a collection of items that was being sold with full permissions. In the description was a rambling warning about how the items were not to be resold or transfered to an alt with full permissions still intact, and if you did so, the original seller would sue LL to obtain your identity and then sue you in RL no matter where you live.

Wouldn't it be easier to just sell the items with restricted permissions than to have to figure out how to sue someone who might live in another country and/or have provided dummy information to register? Or are EULAs like this on sales in SL actually enforceable?

was it textures? textures and poseballs would likely get bought by builders, and builders would have no use for no copy or no trans textures.

T'would cost far, far, FAR more to sue for a measly (relatively speaking here) set of virtual property; even in small claims court.

There are a lot content creators who sell items with full permissions, to be used for, and by other content creators in there build. An example would be textures or in scripts.
They prefer to license their work as opposed to outright selling the items, with the stipulation that the content can be used as a part of an item intended for resale by another, BUT NOT sold as the original package.

On the flip side I just purchased an item that had full perms and the note card stated that the item could be resold as is, in the same package but at a set price or higher to retain its value.

These creators do the building community a great service by providing full perm items for use in otherwise new creations.

It’s well within their right to license rather than sell and to include terms or conditions for the items resale. It is also the buyer’s responsibility not to violate that license under the DMCA.

As for the cost of small claims court, in my jurisdiction it costs $30.00 USD to file a claim against someone. If they fail to show in court or lose then they are also responsible for any court costs, so it’s not prohibitively expensive. I have done that twice to protect my internet domain name and company branding, and usually it was resolved with a polite letter to stop and for only a very small fee by my attorney. I pursued it under principal and was prepared to follow through.

Depending on the item for example, the full perm code for say a Se*Gen bed, the losses could be in the hundreds or thousands of real dollars.

So in answer to your question, it would violate the terms of sale for the item, the TOS and the DMCA. You could expect Linden labs to cooperate with the content creator in their pursuit.

http://secondlife.com/corporate/dmca.php

US Intellectual property laws do apply in Second Life.

Is it something worth the risk?

Second Life TOS 3.2

"You also understand and agree that by submitting your Content to any area of the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to Linden Lab and to all other users of the Service a non-exclusive, worldwide, fully paid-up, transferable, irrevocable, royalty-free and perpetual License, under any and all patent rights you may have or obtain with respect to your Content, to use your Content for all purposes within the Service. You further agree that you will not make any claims against Linden Lab or against other users of the Service based on any allegations that any activities by either of the foregoing within the Service infringe your (or anyone else's) patent rights. "

So maybe you are wrong with
"It’s well within their right to license rather than sell and to include terms or conditions for the items resale."

For it states that other have the right to use your Content for all purposes within the service.
i.e. if you sell Full Perms, they may use this object in any way they like.
You even agreed not to claim against other users if they use your items in a way that is possible with an official viewer.

There has to be another checker box "special use" or something. But it is not build into SL yet.

As much as I think service terms are a good idea, they aren't law.

For instance, service terms could say:

"You automatically grant (or you warrant that the owner of such Content has expressly granted) to Linden Lab and to all other users of the Service a non-exclusive, worldwide, fully paid-up, transferable, irrevocable, royalty-free and perpetual License to borrow your poodle for the afternoon."

...and you could agree, and check off that little box.

All would be fine, of course, until someone came for your little dog.

If you denied access, now it might be a legal issue.

* * * * *

Note that some things are meaningless, even if you agree to them.

Say for instance you agreed to kill yourself, or would break the law, or surrender typical legal rights - these don't hold up. Otherwise every fast-eddie car dealership in states with 'cool off' laws wouldn't sell a car unless customers waived their consumer rights upon purchase.