Upcoming Changes for Adult Content: Answers to Questions

Obviously. Because this topic can only be understood from a very subjective position that does not consider any aspects beyond the impact to SL players or businesses.

If my opinions are invalid, please explain how they are invalid rather than taking the elitist position that someone new here 'could not possibly understand.'

Edit: That includes suggestions as to what I might explore that would invalidate any of my opinions, although I would prefer an explaination of how they do rather than just being sent on wild goose chases. Not all wild geese consent to being chased. Of course not all of them consent to being chaste, either...

In the case of the current situation, though, the accuser would have to show that adult content which is not age restricted is 'fair use,' but considering it is illegal in most jurisdictions to knowingly make such content available to minors, it is unlikely that age restrictions would be considered something other than fair use.

And if so do you think that eventually it will reach to commerical vs residential zones?

and/or human vs furry zones?

btw, I was noticing this weekend the new policy will probably have an impact on the live music scene in SL, for better or worse. There won't be as many naked deadbeats and noobs in some of the clubs. In fact there probably won't be some of the clubs at all.

The adult content already IS age-restricted! Nobody under the age of 18 is permitted on the main grid where the adult content is. A simple checkbox forcing the new subscriber to affirm under penalty of perjury that he or she is at least 18 years of age is sufficient; however, I can concede LL's interest in tightening up a bit. The answer is simple, however: Bring back the requirement to produce payment information upon signup, with a US$1 charge that is clearly listed as "Age Verification for Access to Adult Material" on the card's billing statement.

That is ALL Linden Labs needs to do! Everyone (except for the puritans who want all of SL to themselves) will be happy!

ANSWER: The access controls are selectable in preferences. They may implement varying levels of access control several times per session, should they so choose.

Others have made some of these points, but (despite the *wink*--which some may not catch) I feel I have to respond.

First, it's true: I am doing this more as an exploration into the silliness of the whole endeavor than with an immediate intent of getting into a large-scale adult business. *HOWEVER*...

I fail to see how it would materially harm the "genuine adult venues" to have other residents on Ursula, with lesser sim resource demands. Granted, it would be a break in the wall-to-wall smut, and wall-to-wall smut has its charms (just as Bay City would be better if it had more Bay City builds). But if Ursula really ends up packed with nothing but high-impact vendors and XXX clubs, nobody will be able to move from one pr0n palace to the next anyway. You'll need some of us backsliding pornographers to keep the FPS up.

And maybe someday I'll want to make My Very Own Pr0n Palace again. I can do that now on *any* of the Mainland that I bought--and in fact I've hosted public Adult Only content on some of it before. Now I'm just trying to preserve that ability on *some* of that land--which is already a sacrifice because I used to be able to move land back and forth between uses, at will.

And if indeed land prices go up in Ursula, it necessarily will be at the expense of prices on the rest of the Mainland: whatever demand there is for Adults Only mainland, it's demand that was previously filled by the other continents. So why should I have to ride the prices down on a sub-Adult continent? Why isn't my Mainland investment as good as anybody else's?

I should also mention that I'm not trying to "trade-up" in land quality. Well, okay, one of the three parcels will be difficult to replicate on Ursula unless they relax the new landcutting rules. But the other two are perfectly good parcels, carefully chosen to not completely screw-up the rest of their sims when the swapped parcels go to auction. I retain non-adult holdings in all three of those sims, so I have an interest in the places staying nice. Granted, that won't be the case for all folks hoping to swap.
Don't sell yourself short, Lindal.

The adult content already IS age-restricted! Nobody under the age of 18 is permitted on the main grid where the adult content is. A simple checkbox forcing the new subscriber to affirm under penalty of perjury that he or she is at least 18 years of age is sufficient; however, I can concede LL's interest in tightening up a bit. The answer is simple, however: Bring back the requirement to produce payment information upon signup, with a US$1 charge that is clearly listed as "Age Verification for Access to Adult Material" on the card's billing statement.

3) If we do swap land over, will we be given first shot at buying more land on that sim, before it goes up for general sale, so we CAN buy land to protect builds...or expand where we couldn't before due to lack of available land?
ANSWER: This is an interesting idea that will require some additional thought.


6) What steps will LL take to prevent the buying of land purely for reselling as seen in Nautilus and Bay City?
ANSWER: Land speculation is not a prohibited activity in Second Life.

Back when i signed up..there were no such things as free avies. Every avie cost $9.99. You got i think was 10-14 days free trial... after that, to stay in game, you had to pay $9.99. If you already had an account on your IP, the new one was automatically $9.99. You didnt have to pay membership fees unless you wanted to own land, but you still had to pay to get an avatar. If linden would simply go back to that, and add in the *attest to being 18+* upon signup, they would be covered. Would cut down on camping bots ect. and griefers making 500 free accounts to come in a harass people.
but since apparently, LL has already made the decision to have a witch hunt and do things their way... What i want to know is this. Where can i file a ticket that says... Yes, I am adult content. Yes, I will consent to move my FULL MAINLAND sim, as long as *I* get to choose my new location. I wouldn't mind being the first in.. stop giving us half-assed answers and simply let us do what your forcing us to do and move on. The adult business are all losing money at an alarming rate due to mis-information and rumors, yet LL still wants land tiers paid, on time. Just cut to the chase, lay it out there, and lets move on, before all the businesses are dead.
If you need someone to volunteer to be the first.. Here i am. 3 years in business.. Let me have my new sim and get building.. and you can have your mainland back to do whatever you wish.
I don't have to LIKE the new rules, to FOLLOW the new rules.. so give them to us, and lets get the show on the road.

~Brie.

These are things being done by my tenants, not organised or officially sanctioned by me (though not forbidden either). Yet advertised by the tenant.

QUESTION

Need further clarification on what constitutes BDSM and what doesn't and whether such activities are Adult or Mature:

What about engaging in the BD (Bondage, Domination) part but not the SM (Sado Masochism) part? Examples would be wearing a slave collar, attaching a leash to a collar, chaining to a post, chaining to a wall ring, ceiling ring, etc. without any form of physical chastisement whatsoever.

you can guarantee nothing, and why you bought this up days later is beyond me, for your information, disagreeing with someone is not trolling, but im sure this advice wont stop you.
i told you the laws are moot in my country, The usa does not rule the world, remember that.
now back off.

First of all: Relax. Take a chill pill, and check your anti-American sentiment at the door. This is neither the time nor the place to be arguing international politics.

Your response reminds me very much like the recalcitrant child who got caught with his hand in someone else's cookie jar and then tried to argue that, because it wasn't his house, the rules didn't apply to him.

When you created your account with Linden Labs for use to access Second Life, you agreed to certain terms and conditions, amongst which were agreements to be bound by the laws of the State of California in the United States in any and all matters in which real-world laws would be applicable. You agreed to these terms; and, unless your country does not have laws governing contractual obligations, then I am afraid you are effectively a guest in the United States every time you access Linden Labs' services. Your only recourse in this matter is to terminate the agreement by demanding the deletion of your account and any and all applicable alternate or sub-accounts.

Judge rules against ‘one-sided’ TOS in Bragg lawsuit
Thu May 31, 2007 12:41pm PDT
By Eric Reuters

SECOND LIFE, May 31 (Reuters) - A Pennsylvania judge has ruled that Linden Lab’s terms of service for Second Life residents are not legally binding, according to court papers filed on Wednesday.

The ruling came in the case of Bragg v. Linden Research. Marc Bragg, a lawyer from West Chester, Pa., filed suit in 2006 claiming that Linden unfairly terminated his account, causing the loss of his virtual business venture. Linden filed motions to dismiss the suit and compel Bragg to arbitrate his claim out of court, consistent with Linden’s Terms of Service.

Judge Eduardo Robreno ruled on May 30 that Linden’s Terms of Service constitute a “contract of adhesion”, allowing the suit to proceed.

“Linden presents the TOS on a take-it-or-leave-it basis,” he wrote. “In effect, the TOS provide Linden with a variety of one-sided remedies to resolve disputes, while forcing its customers to arbitrate any disputes with Linden.”

“The arbitration clause is not designed to provide Second Life participants an effective means of resolving disputes with Linden. Rather, it is a one-sided means which tilts unfairly, in almost all cases, in Linden’s favor,” Robreno added.

Bragg’s lawsuit named Linden Lab Chief Executive Philip Rosedale as a defendant. Linden’s motion to have Rosedale’s name removed from the suit was also denied by Robreno.

Bragg had identified a means to purchase land in Second Life below market rates. After he purchased thousands of U.S. dollars worth of virtual real estate in this manner, Linden Lab summarily terminated his account, prompting his lawsuit.

Antitrust: Commission imposes € 899 million penalty on Microsoft for non-compliance with March 2004 Decision
The European Commission has imposed a penalty payment of € 899 million on Microsoft for non-compliance with its obligations under the Commission’s March 2004 Decision (see IP/04/382) prior to 22 October 2007. Today’s Decision, adopted under Article 24(2) of Regulation 1/2003, finds that, prior to 22 October 2007, Microsoft had charged unreasonable prices for access to interface documentation for work group servers. The 2004 Decision, which was upheld by the Court of First Instance in September 2007 (see CJE/07/63 and MEMO/07/359), found that Microsoft had abused its dominant position under Article 82 of the EC Treaty, and required Microsoft to disclose interface documentation which would allow non-Microsoft work group servers to achieve full interoperability with Windows PCs and servers at a reasonable price.

The commission, known for vetoing General Electric Co.'s proposed $47 billion merger with Honeywell International Inc. in 2001, has ramped up its oversight of U.S. technology companies such as Intel Corp., Rambus Inc. and Qualcomm Inc. in recent years. Last July the regulator charged Intel with abusing its dominance in the computer-chip market. It's also probing potential antitrust abuses by Rambus and Qualcomm over royalty rates on chip-technology licenses.

When you created your account with Linden Labs for use to access Second Life, you agreed to certain terms and conditions, amongst which were agreements to be bound by the laws of the State of California in the United States in any and all matters in which real-world laws would be applicable. You agreed to these terms; and, unless your country does not have laws governing contractual obligations, then I am afraid you are effectively a guest in the United States every time you access Linden Labs' services. Your only recourse in this matter is to terminate the agreement by demanding the deletion of your account and any and all applicable alternate or sub-accounts.

Well said on all points and we just want to get this move over with to and to get our sim's worth built on the new land asap

2) Will 250, the current count of Ursula sims, be enough?
ANSWER: If the demand is such that there are too few sims, we will add to the supply.

3) If we do swap land over, will we be given first shot at buying more land on that sim, before it goes up for general sale, so we CAN buy land to protect builds...or expand where we couldn't before due to lack of available land?
ANSWER: This is an interesting idea that will require some additional thought.

6) What steps will LL take to prevent the buying of land purely for reselling as seen in Nautilus and Bay City?
ANSWER: Land speculation is not a prohibited activity in Second Life.

As i sit here and watch all these posts, i wonder how much of the legit questions are getting lost in the fray. I simply want answers.. as do 90% of the people that have posted on the previous 80+ pages. The sheer volume of responses to multiple threads should prove to the lindens that the initial 2-4% affected is grossly under the truth. I think i can sum it all up for everyone at once....

Give us the new rules. Lay them out, spell them out, send them by wire.. whatever it takes.
Stop all the speculation and rumors NOW. The businesses that are suffering can't handle much more. Make it simple on us...for once. Simply send the *log-in-message-of-the-day* to state....
*If you feel you are adult content, please fill out a ticket by X date, so that we can get you on the move list.* Once that date is reached, sort the tickets by parcel size, & length of residence. Assign a *move number* to every ticket. The full sim owners first, then half, then 1/4 and on down. Once you get a move number, you have one week from the date your turn comes to *choose* your new land, and you can ONLY get the same amount of land you already hold, no exceptions. NO land for sale PERIOD until ALL the move tickets are redeemed or expire. Once you claim your new land, the next person is automatically notified by in-game IM and email that their number is next up, and they have one week to choose. This really won't take as long as you think, considering that most people are anxious to get it over and done with. After the first round of move tickets are completed, then open the tickets again for anyone that missed the first go round...and repeat the process. Once this is done. then CAP the amount land may be sold for, and how SMALL a parcel may be sold...meaning... NO 16,32 ect.. nothing smaller than a 512, and no more than X$ per SQM.. this means that the land bots can't snatch up the land and then hold it to rape people of their money.
Simply put... LL has made a decision. They are going to do what they are going to do. As long as we, the residents, are paying in our money to own our land, run our businesses.. then give us the courtesy of telling us EXACTLY what the new rules are, and what comes next.. then get on with it. Simply put.

~Brie

Sorry if you took it as your opinions as being invalid, I said nothing of the sort.

Sorry if I took your post the wrong way. I tend to have strong opinions, and come across that way, but I do try to ensure they are informed opinions.



I have seen similar in Everquest (been in that since it began) and in RL. In most cases the changes were reasonably predictable, yet people still scream like the world is ending. Sometimes it is.. administrations, real or virtual are not always fair or reasonable, but past errors and past transgressions do not invalidate all current and future decisions. And there is consumer protection legislation when the changes are unreasonable. On the basis of the facts, though, this change, conceptually, seems reasonable.



Not having been there, I do not 'remember them.' I get some sense of them from the discussion, though. False positives and negatives, the question of jurisdictions where verification becomes problematic due to laws regarding dissemination of specific kinds of information, and concerns over how the data is used. Does that about sum it up?

The problem I have with the discussion on verification is that the tone is 'it is not perfect and there are risks, so we should not use it' but the context is too often in terms of 'we do not want this because of how it affects us,' rather than 'this is a good idea, but it cannot be done right.' A little research into California privacy law reveals that the system is probably legal, assuming that neither LL nor whatever company they choose misuses the information they are given, and by that I mean using any given individual's information in any way other than the way intended. Using general information gathered from the data collected en masse seems ok, but using any given person's data as their data is not.

In other words, if this is not done right, LL stands to lose above and beyond loss of business within SL. That is significant incentive for them to do it right.



Again, I have seen similar situations in other online's. To me, though, this particular change is both predictable and neccessary. I do realize the potential impact. Consider the fact though that RL celebrities with every reason in the world to stay anonymous use RL brothels, despite the risk of being found out and the fact that in RL they cannot hide their identities. Do not underestimate the power of desire. Also, if potential lack of anonymity scares adults away, then how can it be argued that it will not scare away any kids?



My account is currently a free one too. I am debating whether to go to something other than a free account. The concept of developing land, even just for the sake of developing land is enticing. That said, I have seen the effects of free accounts elsewhere, and it often is not pretty. LL seems to be doing a good job of keeping them in check, although the fact that you buy L$ and cannot really 'farm' them and this not being a game take the motive out of the worst effect of free accounts in other venues. Where there is adult content, though, it really does need to be screened, whether the accounts are free or not.



None of the above. I am here on my own accord, with no friends in SL (that I know of) other than one person whom I am trying to convince to spend some time with me in SL . I cannot speak to the openspace situation. It may have been handled very badly indeed, but that should not automaticly invalidate this decision. Noone makes every decision wrong.



Actually the only problems I have had in newbie areas have been people talking as if they are not in a public place, but I have seen the same in RL public places too (especially from cell phone users). If AR's are anything like petitions in EQ, they are very problematic. There are likely a lot of them and by the time any given investigator responds, the evidence has likely ceased and/or walked away. RL police have similar issues, being unable to respond to every call. That is an arguement in favour of more automation, not less. Too much automation can be very bad, and it should not be relied on utterly, but this decision, conceptually, seems sound.



My concern is not against such communities, but that if inadequate age screening is in place that they will all be shut down, either by legislation or simply by pressure from various child right's groups. That may happen even with good age screening, but the pressure is easier to defend against if reasonable precautions are taken from this side.



You do the same over a period of years and you will find they are getting fewer, either shut down directly by legislation or voluntarilly by pressure from the relevant governing bodies. Among other things you will find disclaimers that records of all models ages are kept per legislation. That is the thing some may misunderstand here.. I *like* the adult content... I would prefer it continue (especially since I am just arriving in SL and have not really had a chance to partake yet), but feel that reasonable limitations are needed to ensure that those wanting unreasonable limitations (outright banning) have weaker arguements.



It sounds like you are doing a good job, but does that mean the kids whose parents are not so responsible should not be protected in any way we can? It is impossible to protect all kids 100%, but why is doing what we can that wrong?



Not all things are for all people, and besides 'if the parents are doing it, it *can't* be cool

The agreement is as much bound by the laws where the customer resides as by the laws where LL resides. In effect by making services available to people in my country, LL is as much of a guest in my country as I am a guest in the US. The TOS are hence limited by my statutory rights as afford by my local laws. This is illustrated in the Bragg v Linden case, where despite the TOS clauses about agreeing to be bound by the laws of the State of California, the judge ruled that Bragg's claim would in fact be judged in Pennsylvania under Pennsylvanian State Laws.

Matthew

ANSWER: Land speculation is not a prohibited activity in Second Life.

But all that case could do is toss the entire contract out.

Regardless, even if the contract is bound by laws in the jurisdiction of the consumer, LL is still, as a company, bound by California law and must abide those laws in addition to any other laws it must abide by.

1) How will this effect current alternate viewers? Will they still be able to connect and function, or will they need to be patched and recompiled?
ANSWER: Alternate viewer behavior will depend on the versioning information they connect to the SL server with. If they claim to be 1.22 or older, they will be able to connect and function just like the 1.22 viewer will, however they will eventually need to be updated to send maturity information. After a grace period, even the 1.22 viewer will no longer be able to search for adult content. At that point, alternate viewers will need to have been updated to be able to access adult content.