Welcome to the Second Life Forums Archive

These forums are CLOSED. Please visit the new forums HERE

Libel/Slander in SL?

Jeanette Hailey
Diva Designs
Join date: 11 Mar 2005
Posts: 185
12-28-2005 12:24
Recently i've been reading a lot of forum posts, both here and on other SL websites, attacking this person or that person directly by name. Subjects of these posts have included content theft, copyright infringement, fraud, harassment, etc. While I have tried to read the entire story from both sides when provided (skewed as they may be to either side), many times there is no way without an all-out investigation into the matter to find out who, if anyone, is violating the ToS. To avoid any misinterpretation by eliminating portions of it, I am pasting here the full clause in the ToS regarding resident conduct, highlighting the pertinent parts:

From: someone

5.1 Participant Conduct. In addition to abiding at all times by the Community Standards, you agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights; (ii) impersonate any person or entity, including, but not limited to, a Linden employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) take any action or upload, post, e-mail or otherwise transmit Content as determined by Linden at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ix) attempt to gain access to any other user's Account or password; or (x) "stalk" or otherwise harass another user. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Account. You agree that Linden may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Service in its sole discretion, without notice to you.


It seems to me that it would make more sense for a person being accused, rather than rambling and bickering in the forums where they will find no recourse, to take the matter to LL and say "enforce this." Granted, this will likely open up the door to an investigagion into WHY the person is being attacked, but if said person is innocent, then they should have no reason to fear being looked into. It is because of this that I tend in most cases to assume (be it rightly or wrongly) that anyone who can only attack back in the forums must be guilty, otherwise they would try and enforce their rights.

I have learned some about defamation law through college courses, but I as I am not (YET) a lawyer, perhaps someone who is more well versed in the subject could comment on this and let us know what the law entails, if and how it can be applied to SL and any other insights into this.

In my perfect world, these defamatory posts would disappear from the forums altogether. I know, I know, dare to dream right? But consider this: if you were a person new to SL, or perhaps looking around the website to decide whether or not to join, and you saw residents attacking and flaming each other in every third forum post, would you want to subject yourself to that? Or would you move on to other virtual worlds?
_____________________
.-~+*Diva*+~-.
Sprocket Island: http://slurl.com/secondlife/Sprocket/68/127/22
Torley Linden
Enlightenment!
Join date: 15 Sep 2004
Posts: 16,530
12-28-2005 13:30
From: Jeanette Hailey

In my perfect world, these defamatory posts would disappear from the forums altogether. I know, I know, dare to dream right? But consider this: if you were a person new to SL, or perhaps looking around the website to decide whether or not to join, and you saw residents attacking and flaming each other in every third forum post, would you want to subject yourself to that? Or would you move on to other virtual worlds?


I'm not new to SL anymore, but on one hand, the SL Forums are far from the worst and mean-spirited I've ever seen, but on the other, my mind visualizes a lot of beautiful positivity and enthusiasm that hasn't come to exist and blossom here yet. I don't think the ratio of attacking and flaming is that high, but it is particularly prevalent in the General forum as opposed to Design and Textures, for instance.

I do believe the Guidelines should be stated more prominently, upon a Resident's first login here, perhaps (not sure if that's done, I don't ever recall it). I do know that some will just clickthrough without reading carefully, but at least it would be consistent with the presentation of the Community Standards upon one's first inworld login.

Furthermore... I would be quick to remind a new Resident that these forums are not wholly representative of the inworld experience. They are a shard of a bigger crystal, colors of a fuller rainbow, and that like there are many kinds of people in SL, so are there views and perspectives. A lot of people just wanna have fun and not argue, and they might not voice up on here 'cuz they don't want to get pounced on and dragged down.

Simply put, if any new Resident is looking for more happiness here, I'd encourage them to ask without hesitation, and contribute their own. That is, after all, what forums can be used for. :)
_____________________
Introvert Petunia
over 2 billion posts
Join date: 11 Sep 2004
Posts: 2,065
12-28-2005 14:15
From: someone
It seems to me that it would make more sense for a person being accused, rather than rambling and bickering in the forums where they will find no recourse, to take the matter to LL and say "enforce this."
This would be a good idea if LL listened to pleas of "enforce this". Historically speaking, they rarely do; indeed, they've said in multiple ways that they really aren't into the enforcement thing unless it threatens their corporate interests and player disputes don't often qualify.
Siggy Romulus
DILLIGAF
Join date: 22 Sep 2003
Posts: 5,711
12-28-2005 15:38
It would require people to look up the words, realize their meaning, and the difference between libel and slander.

At the moment they use the 'new and improved internet definition' which is 'anything I don't agree with'
_____________________
The Second Life forums are living proof as to why it's illegal for people to have sex with farm animals.

From: Jesse Linden
I, for one, am highly un-helped by this thread
Ranma Tardis
沖縄弛緩の明確で青い水
Join date: 8 Nov 2005
Posts: 1,415
12-28-2005 16:10
From: Siggy Romulus
It would require people to look up the words, realize their meaning, and the difference between libel and slander.

At the moment they use the 'new and improved internet definition' which is 'anything I don't agree with'



slander is when it is spoken and libel is when it is written. Wonder if chat is considered speech?

As far as my experience shows the Lindens are not opressive about censoring messages. No names unless it is for nice messages. No racial, threating and other such nonsense.
Jeanette Hailey
Diva Designs
Join date: 11 Mar 2005
Posts: 185
12-28-2005 16:42
From: Ranma Tardis
slander is when it is spoken and libel is when it is written. Wonder if chat is considered speech?


I wondered this myself, Ranma. Because we don't technically have 'speech' in SL, we let the written word do our speaking for us, but there is an interesting gray area here. And as I remember it (I very well could be wrong) the law applies differently (in First Life that is) to each.



From: Ranma Tardis
As far as my experience shows the Lindens are not opressive about censoring messages. No names unless it is for nice messages. No racial, threating and other such nonsense.


Unfortunately I have seen MANY occasions where someone's name was used blatantly in open attacks on them in the forums and on other websites (which I understand LL does not control). The racial, threatening, etc. comments thank goodness I have not seen here so either people are not doing it or LL is good about laying down the law on these.

From: Introvert Petunia

This would be a good idea if LL listened to pleas of "enforce this". Historically speaking, they rarely do; indeed, they've said in multiple ways that they really aren't into the enforcement thing unless it threatens their corporate interests and player disputes don't often qualify.


While, sadly I think you may be right about this Introvert, I would think that LL would want to protect the residents....after all without us SL would not exist. If they continue to alienate the people they will end up with an empty grid someday in the future. Of course this isn't limited to just defamation but many many other areas that are/should be addressed in other threads, perhaps in the "Answers" forum.
_____________________
.-~+*Diva*+~-.
Sprocket Island: http://slurl.com/secondlife/Sprocket/68/127/22
Cristiano Midnight
Evil Snapshot Baron
Join date: 17 May 2003
Posts: 8,616
12-28-2005 17:15
Another issue at hand is the fact that libel is an extremely difficult legal standard to prove. It isn't just about saying "Person x is an asshole and a crook" - fraudulent statements have to be knowingly made with malice. True statements are always a defense against libel claims as well. Opinion does not fall under libel, though the expression of that opinion in certain ways could run afoul of libel laws. The word is tossed around a lot, but very rarely is used accurately to refer to actual instances of libel.

Here is a link to a relevant story about libel protection and blogs/3rd party sites:

http://www.wired.com/news/politics/0,1283,59424,00.html

As a third party site operator, I have been accused of libel because of what others have posted in my forums. Legal precedent makes me immune from that claim even if the statements were libelous, unless they are my own words.
_____________________
Cristiano


ANOmations - huge selection of high quality, low priced animations all $100L or less.

~SLUniverse.com~ SL's oldest and largest community site, featuring Snapzilla image sharing, forums, and much more.

Hank Ramos
Lifetime Scripter
Join date: 15 Nov 2003
Posts: 2,328
12-28-2005 17:36
I was accused of libel and slander just for wearing the inworld title "Banned by Gigas/Azure" by Gigas members and officers. My title was just a statement of fact (i.e. myself being banned from Azure Islands, fromGigas related groups and outworld IRC #secondlife chat room run by Gigas folks), but it doesn't stop others from threatening RL legal and SL TOS action. Anything you say or do can result in RL lawsuits or SL backroom shenanigans by other members.
Siggy Romulus
DILLIGAF
Join date: 22 Sep 2003
Posts: 5,711
12-28-2005 17:41
I don't think it would help with credibility in the eyes of a jury when the insulted party - 'Sexgoddess Kittencuddles Madam of the Sexx0R Nightclub' turns up as a 300lb man with pizza stains on his shirt, thick glasses, and billybob teeth.

As for the daily threat of 'slanderous libel I'm taking you to court!!' I just say 'go for it - the line starts on the left' I work in TV News where I get threatened with that shit all the time.. the upshot is I get free legal representation by a big team of company lawers that deal with that stuff day in and out.

You'd be surpised how long it takes the 'offended party' to drink a nice big mug of STFU.
_____________________
The Second Life forums are living proof as to why it's illegal for people to have sex with farm animals.

From: Jesse Linden
I, for one, am highly un-helped by this thread
Cristiano Midnight
Evil Snapshot Baron
Join date: 17 May 2003
Posts: 8,616
12-28-2005 17:50
From: Hank Ramos
I was accused of libel and slander just for wearing the inworld title "Banned by Gigas/Azure" by Gigas members and officers. My title was just a statement of fact (i.e. myself being banned from Azure Islands, fromGigas related groups and outworld IRC #secondlife chat room run by Gigas folks), but it doesn't stop others from threatening RL legal and SL TOS action. Anything you say or do can result in RL lawsuits or SL backroom shenanigans by other members.


It would definitely not be libel, as it is true, though the IRC channel is not operated by Gigas (Adam is personally an op). It is verifiable that your name is on the ban lists on land, so the truth defense would stand up. Some of the other allegations you have made are more of a grey area. TOS is another story - it could be consistituted as harassment for you to walk around with that title, which would violate the TOS.

Anything you say or do can result in RL lawsuits outside of SL as well - we live in a very litigious society. Taking someone to court and prevailing are two totally different things - it just becomes an expensive mess, and most of the time, is just about the threat anyway.
_____________________
Cristiano


ANOmations - huge selection of high quality, low priced animations all $100L or less.

~SLUniverse.com~ SL's oldest and largest community site, featuring Snapzilla image sharing, forums, and much more.

Hank Ramos
Lifetime Scripter
Join date: 15 Nov 2003
Posts: 2,328
12-28-2005 18:29
From: Cristiano Midnight
It would definitely not be libel, as it is true, though the IRC channel is not operated by Gigas (Adam is personally an op). It is verifiable that your name is on the ban lists on land, so the truth defense would stand up.

All of the ops in that channel are friends or are members of the Gigas Group. Even various Lindens are or have been officers/members of the Gigas Group and have been involved with their schenanigans.

From: Cristiano Midnight
Some of the other allegations you have made are more of a grey area.

Well, my allegations are truthful. But truth is only believed by those with the most vocal friends or how much power they wield.

From: Cristiano Midnight
TOS is another story - it could be consistituted as harassment for you to walk around with that title, which would violate the TOS.

Actually threats made against me by Gigas members are a violation of TOS. My simply stating "I'm banned by Gigas" isn't against TOS. But that doesn't stop people from threatening me. They've even said I've harassed them simply by saying "Hello". Go figure.
Dianne Mechanique
Back from the Dead
Join date: 28 Mar 2005
Posts: 2,648
12-28-2005 19:22
From: Cristiano Midnight
It would definitely not be libel, as it is true, though the IRC channel is not operated by Gigas (Adam is personally an op). It is verifiable that your name is on the ban lists on land, so the truth defense would stand up. ...
This is true and a good point.
This bit...
From: Cristiano Midnight
... it could be consistituted as harassment for you to walk around with that title, which would violate the TOS....
I dont think so becasue this is the exact interpretation that most want LL to apply to the Bush sign guy. If he gets a pass, then any factually based statement no matter how damaging to the group named would seem to qualify for a pass as well.
_____________________
.
black
art furniture & classic clothing
===================
Black in Neufreistadt
Black @ ONE
Black @ www.SLBoutique.com


.
Cristiano Midnight
Evil Snapshot Baron
Join date: 17 May 2003
Posts: 8,616
12-28-2005 19:39
From: Dianne Mechanique
This is true and a good point.
This bit...
I dont think so becasue this is the exact interpretation that most want LL to apply to the Bush sign guy. If he gets a pass, then any factually based statement no matter how damaging to the group named would seem to qualify for a pass as well.


There is a difference between "Impeach Bush" and "Impeach Anshe" in terms of harassment. The harassment in this case is the specific "naming of names" if you will of a resident. The Impeach Bush signs do not target a particular resident or group of residents. Truth may be a defense for libel, but it is not a defense for harassment - different standards, especially when talking about LL's vague TOS on the matter. Some have tried to argue that the Bush signs are harassing them personally, but that is hard to show.
_____________________
Cristiano


ANOmations - huge selection of high quality, low priced animations all $100L or less.

~SLUniverse.com~ SL's oldest and largest community site, featuring Snapzilla image sharing, forums, and much more.

Cristiano Midnight
Evil Snapshot Baron
Join date: 17 May 2003
Posts: 8,616
12-28-2005 19:46
From: Hank Ramos
All of the ops in that channel are friends or are members of the Gigas Group. Even various Lindens are or have been officers/members of the Gigas Group and have been involved with their schenanigans.


The mistake you often make is mixing fact with hyperbole, which defeats your whole argument.

From: Hank Ramos

Well, my allegations are truthful. But truth is only believed by those with the most vocal friends or how much power they wield.


No the truth is believed by those who present factual evidence, and who behave in a believable and convincing way. The only evidence you have ever presented is your word, and you have been playing this one note song and dance about the FIC/corrupt Lindens in nearly every thread you can lately, so it doesn't make you appear any more credible. The person who has been the most vocal has been you, yet you aren't believed not because of some blind loyalty to Gigas - simply because you have never come across as even slightly credible in all of this.
_____________________
Cristiano


ANOmations - huge selection of high quality, low priced animations all $100L or less.

~SLUniverse.com~ SL's oldest and largest community site, featuring Snapzilla image sharing, forums, and much more.

Dianne Mechanique
Back from the Dead
Join date: 28 Mar 2005
Posts: 2,648
12-28-2005 20:55
From: Cristiano Midnight
There is a difference between "Impeach Bush" and "Impeach Anshe" in terms of harassment. The harassment in this case is the specific "naming of names" if you will of a resident. The Impeach Bush signs do not target a particular resident or group of residents. Truth may be a defense for libel, but it is not a defense for harassment - different standards, especially when talking about LL's vague TOS on the matter. Some have tried to argue that the Bush signs are harassing them personally, but that is hard to show.
Ah well there was nothing in this thread to indicate that names were named in Hanks titler other than the Gigas group, (no mention of Anshe in particular). If this is true you have a point, but otherwise not.
_____________________
.
black
art furniture & classic clothing
===================
Black in Neufreistadt
Black @ ONE
Black @ www.SLBoutique.com


.
Cristiano Midnight
Evil Snapshot Baron
Join date: 17 May 2003
Posts: 8,616
12-28-2005 21:38
From: Dianne Mechanique
Ah well there was nothing in this thread to indicate that names were named in Hanks titler other than the Gigas group, (no mention of Anshe in particular). If this is true you have a point, but otherwise not.


The naming of names thing applies to groups as well as individuals. I just used Anshe as an example regarding signs. If Hank is going around with the title of a group, it would apply the same as if he were going around with an individual's name in his title (Banned by Gigas/Banned by Adam).
_____________________
Cristiano


ANOmations - huge selection of high quality, low priced animations all $100L or less.

~SLUniverse.com~ SL's oldest and largest community site, featuring Snapzilla image sharing, forums, and much more.

Ranma Tardis
沖縄弛緩の明確で青い水
Join date: 8 Nov 2005
Posts: 1,415
disturb my wa
12-28-2005 22:37
From: Cristiano Midnight
There is a difference between "Impeach Bush" and "Impeach Anshe" in terms of harassment. The harassment in this case is the specific "naming of names" if you will of a resident. The Impeach Bush signs do not target a particular resident or group of residents. Truth may be a defense for libel, but it is not a defense for harassment - different standards, especially when talking about LL's vague TOS on the matter. Some have tried to argue that the Bush signs are harassing them personally, but that is hard to show.



The things are an eyesore and are distrubing to me. Citing the fact the the President of the United States is not a resident is not a license to be RUDE. Also it diturbs my wa, my harmony and is in contrast to the spirt of SL. Perhaps someone needs to put up anti democratic party signs to balance this out. I am sure that the head of that party is not a resident either. How abour arrest Howard Dean signs? Think he is the current head of the DNC.
Dianne Mechanique
Back from the Dead
Join date: 28 Mar 2005
Posts: 2,648
12-31-2005 18:32
From: Cristiano Midnight
The naming of names thing applies to groups as well as individuals. I just used Anshe as an example regarding signs. If Hank is going around with the title of a group, it would apply the same as if he were going around with an individual's name in his title (Banned by Gigas/Banned by Adam).
Well this is old now but it's so wrong I have to answer.

A sign saying I was banned by <insert group> is not "naming names."

Naming names is a personal attack, a group is not a person but more like a company or a corporation and it is an entirely different thing. Also as it has been pointed out, how can a simple statement of fact be libelous/slanderous or anything approaching that? If he named the leaders of the groups as I thought you implied, that is a personal attack. Otherwise he is totally within his rights.
_____________________
.
black
art furniture & classic clothing
===================
Black in Neufreistadt
Black @ ONE
Black @ www.SLBoutique.com


.