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Linden owns us

Doubledown Tandino
ADULT on the Mainland!
Join date: 9 Mar 2006
Posts: 1,020
06-28-2006 15:11
I've read and re-read the new TOS, and am actually (and suprisingly) quite pleased with it. In relation to intellectual property, LL is not allowed to steal creations, call them there own, and profit off of them.

3.3 is a little bit fucked up.... but basically, if you create something ingeneous, try to get it out of SL and locked in as yours before LL claims ownership of your account.
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Cherry Czervik
Came To Her Senses
Join date: 18 Feb 2006
Posts: 3,680
06-28-2006 15:17
What the hell ... I dunno, there's been loads of comments about LL don't know what they are doing, they're this, they're that.

They're what are giving you the chance to whine about them, AND they let you do it without censoring you for disagreeing with them.

The part about being able to suspend for a reason or no reason probably relates to people attempting some criminal activity or another. I'd not tell someone I had realised they were using a stolen credit card at work either, it's actually destroying evidence.
Saur Holt
http://forsakenhearts.blo
Join date: 18 May 2006
Posts: 803
06-28-2006 15:18
From: Deviant Edge
well this time I decided to actually read the tos ...

How many of us would play this game if we actually read what we are legally bound with.

1.6 Second Life is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at Linden Lab's sole discretion.

Linden Lab reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Linden Lab will not be liable for any interruption of the Service, delay or failure to perform, and you understand that except as otherwise specifically provided in Linden Lab's billing policies posted at http://secondlife.com/corporate/billing.php, you shall not be entitled to any refunds of fees for interruption of service or failure to perform. Linden Lab has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion.

Basically, you got no come back.

2.6 Linden Lab may suspend or terminate your account at any time, without refund or obligation to you.

Linden Lab has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that Linden Lab suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.

I like the for any reason or no reason


3.3 Linden Lab retains ownership of the account and related data, regardless of intellectual property rights you may have in content you create or otherwise own.

You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data Linden Lab stores on Linden Lab servers (including without limitation any data representing or embodying any or all of your Content).

5.2 All data on Linden Lab's servers are subject to deletion, alteration or transfer.

When using the Service, you may accumulate Content, Currency, objects, items, scripts, equipment, or other value or status indicators that reside as data on Linden Lab's servers. THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON LINDEN LAB'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN LINDEN LAB'S SOLE DISCRETION.

YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO ITEMS YOU CREATE USING THE SERVICE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, LINDEN LAB DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON LINDEN LAB'S SERVERS.

YOU UNDERSTAND AND AGREE THAT LINDEN LAB HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.

5.3 Linden Lab provides the Service on an "as is" basis, without express or implied warranties.

LINDEN LAB PROVIDES THE SERVICE, THE LINDEN SOFTWARE, YOUR ACCOUNT AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the foregoing, Linden Lab does not ensure continuous, error-free, secure or virus-free operation of the Service, the Linden Software or your Account, and you understand that you shall not be entitled to refunds for fees based on Linden Lab's failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.

5.4 Linden Lab's liability to you is expressly limited, to the extent allowable under applicable law.

IN NO EVENT SHALL LINDEN LAB OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE LINDEN SOFTWARE, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT LINDEN LAB MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL LINDEN LAB'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. 0.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that Linden Lab cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Service.

5.5 You will indemnify Linden lab from claims arising from breach of this Agreement by you, from your use of Second Life, from loss of Content due to your actions, or from alleged infringement by you.

At Linden Lab's request, you agree to defend, indemnify and hold harmless Linden Lab, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other users of the Service, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless Linden Lab, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Account, and (b) any claims by third parties that your activity or Content in the Service infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.

Basically they can change anything, delete anything take anything do anything and you and I have no come back, no wonder SL is in the state it is I mean for gods sake if they were actually in any way responsible for this disaster it wouldn't be one.

well all most eva online game is the same,
ELLiebob Bean
Take me to my Happy Place
Join date: 21 Jun 2005
Posts: 28
06-28-2006 15:28
All I can say, is Ignorance is Bliss :P
Doubledown Tandino
ADULT on the Mainland!
Join date: 9 Mar 2006
Posts: 1,020
06-28-2006 15:32
From: ELLiebob Bean
All I can say, is Ignorance is Bliss :P


YEAH!!!!!
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Paradise Popinjay
Registered User
Join date: 1 Jan 2006
Posts: 29
06-28-2006 15:33
From: Tren Neva
"Advocate setting up your whole living within them"? I don't really know where this applies, unless I'm misunderstanding it.

Also, I think you confusing SL {a game} with RL {not a game}.


My point, Tren, is that some people, it would appear, are making much, if not all, of their livings from Second Life. Linden Labs advocates Second Life as a real economy where such things are possible; this is a mainstay of their promotion of the world, as illustrated by featuring Anshe Chung's face on the front of their website for so long.

You do appear to have misunderstood quite alot. Second Life is certainly not real life, but if it is a game it aint much fun, and I have no idea how to win.
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Siobhan Taylor
Nemesis
Join date: 13 Aug 2003
Posts: 5,476
06-28-2006 15:36
Oddly though, it does say they won't reveal personal information... yet there is an argument to say they're in breech already by displaying your payment status in your profile.

That kind of EULA is standard, but legally it's nonsense and wouldn't hold up in court, especially the "we can change it at any time" bit.
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Doubledown Tandino
ADULT on the Mainland!
Join date: 9 Mar 2006
Posts: 1,020
06-28-2006 15:38
They're not breeching privacy by mentioning who pays for SL and who doesn't.
Why would anyone care (except for the griefers that don't pay and can no longer grief)
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Siobhan Taylor
Nemesis
Join date: 13 Aug 2003
Posts: 5,476
06-28-2006 15:41
From: Doubledown Tandino
They're not breeching privacy by mentioning who pays for SL and who doesn't.
Why would anyone care (except for the griefers that don't pay and can no longer grief)
Because the griefers now know who's CC info is on file... and I'd rather they didn't.
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Jonquille Noir
Lemon Fresh
Join date: 17 Jan 2004
Posts: 4,025
06-28-2006 15:47
From: Doubledown Tandino
They're not breeching privacy by mentioning who pays for SL and who doesn't.
Why would anyone care (except for the griefers that don't pay and can no longer grief)


Privacy concerns aside... it's no one's business but mine and LL's if I pay or don't pay. What they're doing is allowing people in for free and anonymously, but then actively giving people the tools to descriminate against those who chose not to offer their CC numbers. Is it not obvious that this is a form of extortion? Sure, you can join free and clear, but... well.. you aren't quite up to snuff, are you? (Nice account... it'd be a shame if it was blacklisted.)
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Little Rebel Designs
Gallinas
Baba Yamamoto
baba@slinked.net
Join date: 26 May 2003
Posts: 1,024
06-28-2006 15:53
From: Siobhan Taylor
Because the griefers now know who's CC info is on file... and I'd rather they didn't.

Sure they do.. Anyone who owns land. Anyone who has an account date before the free registration. that's 99% of SL


From: Jonquille Noir
Privacy concerns aside... it's no one's business but mine and LL's if I pay or don't pay. What they're doing is allowing people in for free and anonymously, but then actively giving people the tools to descriminate against those who chose not to offer their CC numbers. Is it not obvious that this is a form of extortion? Sure, you can join free and clear, but... well.. you aren't quite up to snuff, are you? (Nice account... it'd be a shame if it was blacklisted.)


Considering your account age, the fact that they have a payment record on file for you is not in question.
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Rose Portocarrero
Here to look cute
Join date: 23 May 2004
Posts: 168
06-28-2006 15:58
From: Jonquille Noir
Privacy concerns aside... it's no one's business but mine and LL's if I pay or don't pay. What they're doing is allowing people in for free and anonymously, but then actively giving people the tools to descriminate against those who chose not to offer their CC numbers. Is it not obvious that this is a form of extortion? Sure, you can join free and clear, but... well.. you aren't quite up to snuff, are you? (Nice account... it'd be a shame if it was blacklisted.)



QFT

Thank you for stating what this really is. All this nonsense and all they had to do was leave registration alone in the first place.

It is no one's buisness if I do or do not pay for SL.

This is just applying social pressure to do what LL's own martketing wasn't doing. "Sure come on in...oh wait...your a marked person now, better pony up that CC and buy a few lindens or better..be premium and own land!"

Oh yeah, new member retention will be on an all time high. /sarcasm.
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Tren Neva
Registered User
Join date: 16 Oct 2004
Posts: 619
06-28-2006 15:58
From: Paradise Popinjay
My point, Tren, is that some people, it would appear, are making much, if not all, of their livings from Second Life. Linden Labs advocates Second Life as a real economy where such things are possible; this is a mainstay of their promotion of the world, as illustrated by featuring Anshe Chung's face on the front of their website for so long.

You do appear to have misunderstood quite alot. Second Life is certainly not real life, but if it is a game it aint much fun, and I have no idea how to win.


If people choose to use this GAME as a some sort of income, then they can do that. LL never said TO do it, just that it can be done. If you were planning on doing that but the ToS made you uneasy, that was the time to decide if you should do it or not.

And Second Life is a game. A social hub with near limitless activites you can do. If you don't see SL as a game or very fun, then you probably shouldn't be playing. If you don't think it's very fun and use the game as a tool to make money, then feel uneasy when you take parts of ToS and put them in a way that really has no logical backing, then you definitily shouldn't be playing.
Jonquille Noir
Lemon Fresh
Join date: 17 Jan 2004
Posts: 4,025
06-28-2006 16:37
From: Baba Yamamoto

Considering your account age, the fact that they have a payment record on file for you is not in question.


You'd think so, wouldn't you? But I only upgraded to premium (again) when I bought my land in Gallinas. I have a husband who owns an island with his account. If I have an alt without payment on file because we already pay well over $300 a month for land on other accounts, is that really anyone's business? No, it isn't.
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Little Rebel Designs
Gallinas
Introvert Petunia
over 2 billion posts
Join date: 11 Sep 2004
Posts: 2,065
06-28-2006 17:17
From: Jonquille Noir
... is that really anyone's business? No, it isn't.
It is now. :p

Yes, the classless LL has set up a caste system. Maybe that's what Be The Change means. ;)

I'm now of the opinion that not only do they fail to understand their own technology, they fail to understand the implications of any of their actions. Plus they've violated the categorical imperative: If you have good dope, share.
Jonquille Noir
Lemon Fresh
Join date: 17 Jan 2004
Posts: 4,025
06-28-2006 17:22
From: Introvert Petunia
It is now. :p

Yes, the classless LL has set up a caste system. Maybe that's what Be The Change means. ;)

I'm now of the opinion that not only do they fail to understand their own technology, they fail to understand the implications of any of their actions. Plus they've violated the categorical imperative: If you have good dope, share.


Thankfully, for me, I've flown right past caring about anything LL does on any real scale, and settled on dropping the company my pants at any hint of their 'fuck you hedonism.' :D

Concern for the company and its employees and future has given over, over the last 2 1/2 years or so, into a more realistic settlement of, "Eh... whatever. As soon as someone else comes along with something comparable, I'm history."

Go apathy!
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Little Rebel Designs
Gallinas
Obic Malaprop
Registered User
Join date: 19 Sep 2005
Posts: 122
06-28-2006 17:40
From: Locke Blair
PayPal reserves the right to take funds from your account at any given time for any reason. Sounds pretty much the same, right?


when geocities was bought out by yahoo many many moon ago, they changed the tos to say they owned all content on the geocities servers outright. This was without giving anyone a chance to remove their content without first agreeing to the new TOS.
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Baba Yamamoto
baba@slinked.net
Join date: 26 May 2003
Posts: 1,024
06-28-2006 17:48
From: Jonquille Noir
dropping the company my pants at any hint of their 'fuck


I don't know what that means, but sign me up!
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Sam Portocarrero
Jesus Of Suburbia
Join date: 23 May 2004
Posts: 316
06-28-2006 17:48
From: Jonquille Noir
Thankfully, for me, I've flown right past caring about anything LL does on any real scale, and settled on dropping the company my pants at any hint of their 'fuck you hedonism.' :D

Concern for the company and its employees and future has given over, over the last 2 1/2 years or so, into a more realistic settlement of, "Eh... whatever. As soon as someone else comes along with something comparable, I'm history."

Go apathy!


Oh wow, Rose and I are not alone in that thinking lol.

I hear Microsoft may be stepping into the VR world ring... I may have to pack up the car again ROFL.

- Sam
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Baba Yamamoto
baba@slinked.net
Join date: 26 May 2003
Posts: 1,024
06-28-2006 17:53
From: Sam Portocarrero
Oh wow, Rose and I are not alone in that thinking lol.

I hear Microsoft may be stepping into the VR world ring... I may have to pack up the car again ROFL.

- Sam


Considering Microsoft's last venture into VR, I would pack a helmet as well.
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Doubledown Tandino
ADULT on the Mainland!
Join date: 9 Mar 2006
Posts: 1,020
06-28-2006 18:10
Bill Gates just got $50 zillion billion trillion dollars recently.... I'm sure he'll either build a microsoft metaverse in about a month or so (if he hasn't already)... or he'll just buy SL & LL outright to add it to his knickknack collection (if he hasn't already)... and truthfully, I'd rather be on a Microsoft metaverse, because Bill Gates has the smarts and money to hire a society manager.
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Nolan Nash
Frischer Frosch
Join date: 15 May 2003
Posts: 7,141
06-28-2006 18:30
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Nolan Nash
Frischer Frosch
Join date: 15 May 2003
Posts: 7,141
06-28-2006 18:39
From: Introvert Petunia
It is now. :p

Yes, the classless LL has set up a caste system. Maybe that's what Be The Change means. ;)

I'm now of the opinion that not only do they fail to understand their own technology, they fail to understand the implications of any of their actions. Plus they've violated the categorical imperative: If you have good dope, share.

Jonquille, Intro, and those of like mind - I am glad that there are others who see through this charade.

I have no qualms with the snapshots they will take of our computers, but this three tiered caste system is ridiculous. It's a tactic to increase the bottom line, and nothing more. The worst part is that a lot of people are buying into it as a tool to discourage griefers and or underaged people. Sigh.
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Usagi Musashi
UM ™®
Join date: 24 Oct 2004
Posts: 6,083
06-28-2006 18:58
1.2 Linden Lab is a service provider, which means, among other things, that Linden Lab does not control various aspects of the Service.

You acknowledge that Linden Lab is a service provider that may allow people to interact online regarding topics and content chosen by users of the service, and that users can alter the service environment on a real-time basis. Linden Lab generally does not regulate the content of communications between users or users' interactions with the Service. As a result, Linden Lab has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.


This is what shocks me "Linden Lab generally does not regulate the content of communications between users or users' interactions with the Service. As a result, Linden Lab has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service."

Am i missing something here? So then what is the sence of even having lindens in game to help when there are problems? Again where is LLabs head these days?
Luciftias Neurocam
Ecosystem Design
Join date: 13 Oct 2005
Posts: 742
06-28-2006 19:00
The SL forums and aimless bitching...

And people say there's no such thing as a perpetual motion machine.
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