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It's worse then I thought

Ingrid Ingersoll
Archived
Join date: 10 Aug 2004
Posts: 4,601
05-05-2006 09:36
From: Musuko Massiel
The value of something is what the purchaser is willing to pay for it. And if newbies are willing to pay for items they can get for free elsewhere, then so be it.



Being"willing to pay for it" and ripped off are 2 compeltely different things. You're telling me you wouldn't be a little pissed of if you found out the DVD you paid 20 bucks for was being handed out freely 4 blocks down the street?

Buyer beware is one thing, taking advantage of people's newbieness is another.

From: Musuko Massiel
It is not the job of content creators to tell you what's best for you, the purchaser. If it were, they'd say "stop sitting alone at a computer playing a game and go and play in the sun, have sex with someone you love and eat wholesome food instead".

MusukoC


And stop reading/posting in the forums. Srsly. You could be having sex right now. :D
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Jopsy Pendragon
Perpetual Outsider
Join date: 15 Jan 2004
Posts: 1,906
05-05-2006 09:49
Ethics aside....

Reselling freebies is only viable as long as we have a strong "tourist economy".

If the growth and turnover rates in SecondLife slow down, you can expect those
that profit from this line of ... ?work? ... to refine their business models or give up.

But... as long as starry eyed newbies continue to flock in (and flock out after
their attention span or tolerance for being sold crap fades), there's probably not
much that can be done stop the practice.

Now... if repeat customers were a priority, things would be different.
Tiger Zobel
hoarder
Join date: 13 Jan 2006
Posts: 391
In the future...
05-05-2006 09:55
"Son, when I was your age, I went around SL, picking up all these freebies that were meant to be given out without any charge, stuck them in boxes, then charged people who didn't know they were freebies some ridiculously high prices for them...
In the process, I drove away many people and gave SL a bad name.

And you know what son? For some reason, people thought I was bad for doing it"
Travis Lambert
White dog, red collar
Join date: 3 Jun 2004
Posts: 2,819
05-05-2006 10:31
hehe - another freebie selling discussion.

Selling freebies is 'bad' in several ways. Allow me to outline a couple:

1. Selling an item intended to be free stomps on the intellectual property rights of the item's creator.

At least in principle, this has RW legal implications. Admittedly, it may be something difficult to prove, and possibly not worth the time of many or most creators to pursue.

2. Selling items that are commonly available elsewhere as free takes advantage of the ignorance of those new to our world.

This is a moral issue. IMHO, it is in everyone's best interest for new residents to be happy with our world, and grow to their best potential. Each new resident that is taken advantage of, and leaves our world in disgust as a result of it becomes a lost opportunity - which is bad for buisness.

#####

Folks who sell freebies may not be guilty of a TOS violation. However, its fairly well known that the creator community doesn't look kindly upon the practice. If a freebie seller is potrayed in a negative light as a result, this should come as no surprise.

Possibly it would be prudent buisness to weigh the financial gain in selling freebies vs. the public relations loss to get a true picture of whether its worthwhile or not.
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David Valentino
Nicely Wicked
Join date: 1 Jan 2004
Posts: 2,941
05-05-2006 10:53
From: Jamie Bergman
I still don't get why people are surprised / outraged about this.

NOBODY is forcing ANYBODY to buy ANYTHING. If you don't want to buy, don't. Additionally, unless the person hosting the yardsale claims to have built the items themselves, I dont see what the big deal is.

SL claims to be a place you can make tons of money really fast. How else do you expect people to react?



I guess some of us still get outraged by people's lack of morals, ethics or honesty. I am certainly never suprised by folks doing crappy things in the name of self-interest, but I still don't believe it's right or should be accepted quietly.
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David Lamoreaux

Owner - Perilous Pleasures and Extreme Erotica Gallery
Jamie Bergman
SL's Largest Distributor
Join date: 17 Feb 2005
Posts: 1,752
05-05-2006 11:10
From: Musuko Massiel
"You don't see anything wrong with fleecing newbies? You don't see anything wrong with taking advantage of people's ignorance to sell them things they can easily get for free?"

Second Life is a free-market economy, where "buyer beware" is the ruling philosophy. It is not up to the seller to educate the buyer in sensible consumer practices. It is up to the buyer.

Every "newbie" on SL is an adult capable of making their own decisions, and their own mistakes are their own fault.

The value of something isn't how "good" it is, or how much effort people have put into it. The value of something is what the purchaser is willing to pay for it. And if newbies are willing to pay for items they can get for free elsewhere, then so be it.

Is it wrong to sell items that are available free elsewhere? If I buy a fish at the supermarket, is the supermarket wrong to sell it to me because I can get fish for free by going out on a boat with a net? Is it wrong for a shop to sell a DVD to me for £15 when a shop down the street is selling the same DVD for £10?

It is not the job of content creators to tell you what's best for you, the purchaser. If it were, they'd say "stop sitting alone at a computer playing a game and go and play in the sun, have sex with someone you love and eat wholesome food instead".

Musuko.


You get it. Wish more did.
Jopsy Pendragon
Perpetual Outsider
Join date: 15 Jan 2004
Posts: 1,906
05-05-2006 11:37
From: Musuko Massiel

Is it wrong to sell items that are available free elsewhere? If I buy a fish at the supermarket, is the supermarket wrong to sell it to me because I can get fish for free by going out on a boat with a net? Is it wrong for a shop to sell a DVD to me for £15 when a shop down the street is selling the same DVD for £10?.


If the £15 DVD was stolen from the first store and then sold at the second store for £10, then yes, it is wrong.

Thieves are not capitalists.
Calista Amarula
Registered User
Join date: 23 Jul 2005
Posts: 28
05-05-2006 11:46
What if the first store GAVE the second store a copy and said "you can do anything you like with this" and then the second store sold it. Is that stealing?
Jamie Bergman
SL's Largest Distributor
Join date: 17 Feb 2005
Posts: 1,752
05-05-2006 11:47
From: Calista Amarula
What if the first store GAVE the second store a copy and said "you can do anything you like with this" and then the second store sold it. Is that stealing?


In some people's minds, yes.

Of course, some people also think oil companies are "stealing" people's money. Which is totally ludicrious. If people weren't willing to pay these astronomical gas prices, they'd be forced to lower them.

Its all about what the market will bear.

People are willing to pay $3.00+ per gallon, so oil companies will charge it.

Capitalism.
Whimsycallie Pegler
Registered User
Join date: 28 Apr 2006
Posts: 1,003
05-05-2006 12:17
I don't think they are saying to do to anything you want with the freebies. There seems to be an implied community standard that the freebies are for personal use or to share with newbies to help them get started.

P.S. Nyx... it may of been me that bought that gumball. A gumball has been my first and only purchase so far. I found an outfit I want though.... so going to make my second purchase tonight.
Jamie Bergman
SL's Largest Distributor
Join date: 17 Feb 2005
Posts: 1,752
05-05-2006 12:25
From: Whimsycallie Pegler
I don't think they are saying to do to anything you want with the freebies. There seems to be an implied community standard that the freebies are for personal use or to share with newbies to help them get started.

P.S. Nyx... it may of been me that bought that gumball. A gumball has been my first and only purchase so far. I found an outfit I want though.... so going to make my second purchase tonight.


Giving something away with full perms is an explicit way to say "Do Anything You Like With This".
Surreal Farber
Cat Herder
Join date: 5 Feb 2004
Posts: 2,059
05-05-2006 12:36
From: Jamie Bergman
Giving something away with full perms is an explicit way to say "Do Anything You Like With This".


Bullshit. Especially since the many perm bugs have resulted in content getting bolluxed and distributed full perms.

Just because you CAN do something, doesn't mean that it is legal or moral.

I can copy digital music files and give them away, doesn't make it legal or right.
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Surreal

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Come see our whole line of clothing, animations and accessories in Chaos (37, 198, 43)
Jamie Bergman
SL's Largest Distributor
Join date: 17 Feb 2005
Posts: 1,752
05-05-2006 12:39
From: Surreal Farber
Bullshit. Especially since the many perm bugs have resulted in content getting bolluxed and distributed full perms.

Just because you CAN do something, doesn't mean that it is legal or moral.

I can copy digital music files and give them away, doesn't make it legal or right.


Digital music files don't have check boxes that the creator can specify which perms to give. Hence, BS back to ya.

QED.
Tiger Zobel
hoarder
Join date: 13 Jan 2006
Posts: 391
05-05-2006 13:52
From: Jamie Bergman
Giving something away with full perms is an explicit way to say "Do Anything You Like With This".

Translation... "I feel I can continue to rip people off..."


I ask again... How much time, effort and money have you put into improving the products to justify the hefty price tag for items that DO NOT COST ANYTHING?

Are you in fact, doing anything to justify selling free items, or are you just scamming people out of their money?

Before you answer, just remember the shit you got into on SLX for selling unaltered freebies...


See, if you bought/picked up the items, then improved upon them... you'd have a case for charging for them, and people would more than likely applaude you're efforts. But, simply picking up freebies and slapping them in a box isn't improving them at all...
Calista Amarula
Registered User
Join date: 23 Jul 2005
Posts: 28
05-05-2006 14:03
From: Surreal Farber


I can copy digital music files and give them away, doesn't make it legal or right.


I'd like to know how many of the people on this thread have mp3's on their puter that they stole from the net for free?

I wonder if anyone would admit it here, since that would make them hypocrits.

(Ane before you start flaming me, I don't sell freebies)
Ordinal Malaprop
really very ordinary
Join date: 9 Sep 2005
Posts: 4,607
05-05-2006 14:07
From: Calista Amarula
I'd like to know how many of the people on this thread have mp3's on their puter that they stole from the net for free?

I wonder if anyone would admit it here, since that would make them hypocrits.

If they sold them.
Calista Amarula
Registered User
Join date: 23 Jul 2005
Posts: 28
05-05-2006 14:10
So it's ok to steal things as long as you don't sell them? Is that what you are saying?
Ordinal Malaprop
really very ordinary
Join date: 9 Sep 2005
Posts: 4,607
05-05-2006 14:14
Oh, don't try with the "copyright breach is theft" thing... it doesn't work. Copyright breach is not theft, legally or logically.

To evaluate what it means to copy things that other people have produced one has to look at the social implications of that process, whether it encourages or discourages innovation and cultural development. The ridiculous copyright laws that exist in the West at the moment are no indication of moral worth.
Jopsy Pendragon
Perpetual Outsider
Join date: 15 Jan 2004
Posts: 1,906
05-05-2006 14:27
From: Calista Amarula
What if the first store GAVE the second store a copy and said "you can do anything you like with this" and then the second store sold it. Is that stealing?


Judge: Second Store, you were copying this movie and selling the copies.

Second Store: But first store gave me the DVD and permission to use it how I wanted!

Judge: You still violated copyright law.

Second Store: But there was no copyright notice on the DVD that I got from First Store!

Judge: Because they erased it before they gave it to you.

After this point it gets sticky...

but do you think First Store or Second Store are behaving legally?


Being ABLE to do something and having PERMISSION to do something are two very different things.
Jopsy Pendragon
Perpetual Outsider
Join date: 15 Jan 2004
Posts: 1,906
05-05-2006 14:40
From: Calista Amarula
So it's ok to steal things as long as you don't sell them? Is that what you are saying?


Theft occurs when the rightfully licensed distributors for a copyrighted work don't receive the payment/royalties they are entitled due to someone else is distributing unauthorized copies.

If I download .mp3's from the net (which I don't), that I wouldn't otherwise buy anyway, no one loses anything.

If I download .mp3's from an unathorized distributor, and I would have paid for that music normally... or if I do pay the unauthorized distributor for those .mp3's then yes.

Because it's impossible to tell whether someone would have or would not have actually paid for illicitly downloaded music... and because the violations of individuals for personal/private benefit are usually less heinous, they are largely ignored.

It is more cost effective, for enforcement to target the people actually doing the unauthorized distribution, particularly when it's on a large scale.
Lash Xevious
Gooberly
Join date: 8 May 2004
Posts: 1,348
05-05-2006 14:59
From: Jamie Bergman
Digital music files don't have check boxes that the creator can specify which perms to give. Hence, BS back to ya.

QED.


You completely either missed her point about the permissions bug or decided to ignore it. Whatever bullshit that is being flung is right there, smothered all over your face.
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Musuko Massiel
Registered User
Join date: 4 Nov 2005
Posts: 435
05-05-2006 15:31
"You're telling me you wouldn't be a little pissed of if you found out the DVD you paid 20 bucks for was being handed out freely 4 blocks down the street?"

Of course I would be pissed off. I would be pissed off at myself for buying something without taking time to shop around first to see if I can find it cheaper. I would NOT be angry at the person who sold the DVD to me, as it is not his/her responsibility to ensure I am a wise consumer...it is mine.

Do you want a nanny? Is that what you want? Do you want someone to take the burden of choice away from you and the other players? YOU may not think that selling freebies is value for money, but obviously some people do. Do you want to go and tell them all that they're idiots for buying them? Do you stand in a highstreet music shop and yell at the people buying music you think is crap?

The copyright discussion here is bogus:

1: LindenLabs own the copyright for ALL content within Second Life, except for that which breaches outside copyright (Star Wars stuff, etc).
2: Even if above weren't the case, giving out something with copy/mod/trans is explicitily granting you the right to make copies of the item and distribute them freely...the very thing that copyright law PROHIBITS you from doing without permission. Therefore, giving out something with no perms is granting you the right to copy...therefore, it is granting you copyright.

The comparison to a DVD with no copyright notice on is wrong. Not displaying a copyright notice does not grant people the right to copy it. Displaying a notice that tells people they can copy it DOES.

The bottom line: you might think that selling freebies is a horrible scam, but it's not up to you to judge. It is up to the purchaser to judge. If the item is misleadingly advertised, not up to legal quality standards, etc, then it is a scam. But just being overpriced...well, footballers get paid millions of pounds to kick a ball around, and a tiny bottle of mineral water costs a quid. If you think it's a scam, don't buy it. If you DO buy it, then it's YOUR fault. Nobody forced that money out of your hand.

Musuko.
Calista Amarula
Registered User
Join date: 23 Jul 2005
Posts: 28
05-05-2006 15:38
From: Musuko Massiel
"
The copyright discussion here is bogus:

1: LindenLabs own the copyright for ALL content within Second Life, except for that which breaches outside copyright (Star Wars stuff, etc).

Musuko.


not true. This is from the Second Life web page:



IP Rights

Linden Lab’s Terms of Service agreement recognizes Residents’ right to retain full intellectual property protection for the digital content they create in Second Life, including avatar characters, clothing, scripts, textures, objects and designs. This right is enforceable and applicable both in-world and offline, both for non-profit and commercial ventures. You create it, you own it—and it’s yours to do with as you please.

but the rest was right, more or less
Jim Lumiere
Registered User
Join date: 24 May 2004
Posts: 474
05-05-2006 15:44
From: Jamie Bergman
Giving something away with full perms is an explicit way to say "Do Anything You Like With This".


No ... it's not ... There is nothing implicit or explicit beyond the 3 discrete words next to those check boxes.

In fact, it only says that the permission system here needs some work. We specifically need permissions for dealing with 2nd generation owners and beyond ... if the person who acquires something directly from the creator is 1st generation.

Your interpretation is flawed, any plans or actions taken based on a flawed understanding are also flawed.
Jopsy Pendragon
Perpetual Outsider
Join date: 15 Jan 2004
Posts: 1,906
05-05-2006 16:13
From: Musuko Massiel

2: Even if above weren't the case, giving out something with copy/mod/trans is explicitily granting you the right to make copies of the item and distribute them freely...the very thing that copyright law PROHIBITS you from doing without permission. Therefore, giving out something with no perms is granting you the right to copy...therefore, it is granting you copyright.

The comparison to a DVD with no copyright notice on is wrong. Not displaying a copyright notice does not grant people the right to copy it. Displaying a notice that tells people they can copy it DOES.

The bottom line: you might think that selling freebies is a horrible scam, but it's not up to you to judge. It is up to the purchaser to judge. If the item is misleadingly advertised, not up to legal quality standards, etc, then it is a scam. But just being overpriced...well, footballers get paid millions of pounds to kick a ball around, and a tiny bottle of mineral water costs a quid. If you think it's a scam, don't buy it. If you DO buy it, then it's YOUR fault. Nobody forced that money out of your hand.


CAN vs. SHOULD again.

A copyright notice does not make it impossible to copy something, it states the terms under which copies are accepted as legitimate.

The original intent of the original author of the freebie was clearly to make something 1) FREE, 2) COPY and 3) MOD.

By using the permission to MOD something to remove the FREE aspect, you are deliberately violating the original creator's EXPLICIT copyright terms.
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