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Linden owns us

Tren Neva
Registered User
Join date: 16 Oct 2004
Posts: 619
06-28-2006 19:06
From: Usagi Musashi
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?


That is them saying that not everything in SL is going to be peachy because there are assholes in the world. That doesn't mean that they sit back and do nothing at all, just that they can't garentee anything.
Nolan Nash
Frischer Frosch
Join date: 15 May 2003
Posts: 7,141
06-28-2006 19:44
From: Luciftias Neurocam
The SL forums and aimless bitching...

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

Yes, and bitching about bitching is part of the sweetness of it all. :p
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Bizzy Weeks
Registered User
Join date: 23 May 2006
Posts: 46
06-28-2006 19:57
You sounded shocked. Thats every game TOS, EVER.

My toaster's warranty is more horrible then that.
Usagi Musashi
UM ™®
Join date: 24 Oct 2004
Posts: 6,083
06-28-2006 20:00
From: Tren Neva
That is them saying that not everything in SL is going to be peachy because there are assholes in the world. That doesn't mean that they sit back and do nothing at all, just that they can't garentee anything.


Well have you seen Their actions resently? Their action speaks for them these days. Then again its going to take some time to get use to this new abusive style game LLabs is telling us we have to deal with :rolleyes:
Tren Neva
Registered User
Join date: 16 Oct 2004
Posts: 619
06-28-2006 20:01
From: Usagi Musashi
Well have you seen Their actions resently? Their action speaks for them these days. Then again its going to take some time to get use to this new abusive style game LLabs is telling us we have to deal with :rolleyes:


95% of the problems are caused by the people in SL and these forums.
Khashai Steinbeck
A drop in the Biomass.
Join date: 15 Oct 2005
Posts: 283
06-28-2006 20:20
From: Locke Blair
Yeah, sounds pretty cookie cutter standard to me...some people need to realize that everyone is not out to get them. If anything, LL is trying to save their own hides.


What?! Everyone is not out to get me?!

Does this mean I can take my tin foil hat off now? This thing itches!
Usagi Musashi
UM ™®
Join date: 24 Oct 2004
Posts: 6,083
06-28-2006 20:25
From: Tren Neva
95% of the problems are caused by the people in SL and these forums.


Thats no surprize............even those with monitor status are causing problems for those in the forums and in world. Its a total joke now :(
Cocoanut Cookie
Registered User
Join date: 26 Jan 2006
Posts: 1,741
06-28-2006 21:57
From: Siobhan Taylor
Because the griefers now know who's CC info is on file... and I'd rather they didn't.

Gad! I agree with this, and it just made me think!

A griefer will know they can get away with more against people who have more to lose by losing their patience!

Thus targeting us for that, if nothing else.

coco
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Cocoanut Cookie
Registered User
Join date: 26 Jan 2006
Posts: 1,741
06-28-2006 22:02
From: Paradise Popinjay
True, but most MMOs don't advocate setting up your whole living within them.

Would you start a business in a country who's laws gave the government these powers? Indeed, the power to turn the whole bloody country off, at will, with impunity?

That - among other reasons, such as bugs where your things poof, etc. - is why I don't think SL can ever be a serious business platform. Unless, of course, they plan to offer "serious businesses" more guarantees.

coco
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Tsukasa Karuna
Master of all things desu
Join date: 30 Jun 2004
Posts: 370
06-28-2006 22:46
From: someone
but LL can decide at any moment to swipe your creation from you and call it their own....

There is no website provider or server elsewhere that declares they have rights at any time to steal your inventions.


I don't think its that draconian.


From: Section 3.2 of the TOS

Users of the Service can create Content on Linden Lab's servers in various forms. Linden Lab acknowledges and agrees that, subject to the terms and conditions of this Agreement, you will retain any and all applicable copyright and other intellectual property rights with respect to any Content you create using the Service, to the extent you have such rights under applicable law


And:

From: Section 3.2 of the TOS

..you automatically grant (and you represent and warrant that you have the right to grant) to Linden Lab: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce and distribute your Content within the Service as permitted by you through your interactions on the Service


This being LL's servers, they have the right to through their service, distribute anything that you make distributable.

From: Section 3.2 of the TOS

...use and reproduce (and to authorize third parties to use and reproduce) any of your Content in any or all media for marketing and/or promotional purposes in connection with the Service


They can promote their service using your content. Also seems fair. Hell, i'd be flattered!

From: Section 3.2 of the TOS

the perpetual and irrevocable right to delete any or all of your Content from Linden Lab's servers and from the Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party


Their servers, they can delete anything they want.

From: Section 3.2 of the TOS

..a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your Content as Linden Lab may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Service.


Your content can be dissected for compatibility's sake.

From: Section 3.2 of the TOS

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.


Fair use.

Heres the tricky bit though:

From: Section 3.3 of the TOS
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.


I am not a lawyer, but the way i read this, Content != data. Data is the actual bits and bytes on the LL servers, they own that, and can delete or modify it any time they wish. The CONTENT though, the actual in world idea or representation of that data is yours, and you own the rights to it. If LL were to swipe your creation from you and call it your own (unlikely as it is), it would be your turn to make with the DMCA smackdown, and you would win on the basis of the TOS giving you full IP rights to the content

Sorry for the long winded post!

Everything else seems like standard service provider covering-ye-arse stuff.
~ whew~
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Paradise Popinjay
Registered User
Join date: 1 Jan 2006
Posts: 29
06-29-2006 02:44
From: Tren Neva
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.


Surely the statements that SL is "A social hub with near limitless activites you can do" and that "Second Life is a game" are quite contradictory. Anyways, the game versus 3d web debate has raged for a long time elsewhere in these forums, and I am quite convinced by the latter argument.
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Ricky Zamboni
Private citizen
Join date: 4 Jun 2004
Posts: 1,080
06-29-2006 06:38
From: Tsukasa Karuna
I don't think its that draconian.

This being LL's servers, they have the right to through their service, distribute anything that you make distributable.

They can promote their service using your content. Also seems fair. Hell, i'd be flattered!

Would you be flattered if you spent weeks working on something only to have it become part of the default library, publically available to everyone on the day you uploaded it? 'cause that's what the TOS allows for.....
Tsukasa Karuna
Master of all things desu
Join date: 30 Jun 2004
Posts: 370
06-29-2006 09:12
Actually, yes. Yes i would. And as unlikely as that is, seeing as how the library hasnt been touched for ages, and is all linden created content anyways.. yeah. I also have a feeling that LL would *ASK* before doing something like that.

Again.. the TOS is mostly legal arse covering to keep some yahoo from suing them for BS reasons.
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Kyevan Thurston
Registered User
Join date: 8 Jun 2006
Posts: 41
06-29-2006 09:14
From: Doubledown Tandino
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.

If he buys SL, though, a portion of the community will "oops" dissapear. Along with 2 of the 3 versions of the client. And support for any version of Windows before XP, then Vista.

No thanks!
Tren Neva
Registered User
Join date: 16 Oct 2004
Posts: 619
06-29-2006 09:14
From: Ricky Zamboni
Would you be flattered if you spent weeks working on something only to have it become part of the default library, publically available to everyone on the day you uploaded it? 'cause that's what the TOS allows for.....


Can you recall one time in the three years of SL that this has ever happened?
Ricky Zamboni
Private citizen
Join date: 4 Jun 2004
Posts: 1,080
06-29-2006 11:31
From: Tren Neva
Can you recall one time in the three years of SL that this has ever happened?

I'm guessing you're not counting the many many items that became public domain as a result of the mod/copy/trans bug of (IIRC) v1.5...

Whether it *has* happened has not bearing on the fact that it *can* happen. And there's nothing you or anyone else could do about it thanks to the one-sided TOS.
Introvert Petunia
over 2 billion posts
Join date: 11 Sep 2004
Posts: 2,065
06-29-2006 12:36
From: someone
Can you recall one time in the three years of SL that this has ever happened?
Yes, I know (well) a player who was asked by a Linden for a pretty trivial piece of LSL. The customer declined. It is now part of the newbie library: the comments (as usual) are the smoking gun.

I don't believe this is being done on a large scale, but given the evidence at my disposal it has happened at least once. It wasn't a significant loss to the player, but it was galling to have been asked, refused, and have the code appropriated anyway.
Ricky Zamboni
Private citizen
Join date: 4 Jun 2004
Posts: 1,080
06-29-2006 12:53
From: Introvert Petunia
Yes, I know (well) a player who was asked by a Linden for a pretty trivial piece of LSL. The customer declined. It is now part of the newbie library: the comments (as usual) are the smoking gun.

I don't believe this is being done on a large scale, but given the evidence at my disposal it has happened at least once. It wasn't a significant loss to the player, but it was galling to have been asked, refused, and have the code appropriated anyway.

Very interesting. I hadn't heard that story before.
Tren Neva
Registered User
Join date: 16 Oct 2004
Posts: 619
06-29-2006 13:19
From: Ricky Zamboni
I'm guessing you're not counting the many many items that became public domain as a result of the mod/copy/trans bug of (IIRC) v1.5...

Whether it *has* happened has not bearing on the fact that it *can* happen. And there's nothing you or anyone else could do about it thanks to the one-sided TOS.


All those items became freebies, not default library items. And of course anything could happen, which is one of the main reasons the ToS is written like it is. Yes, the Lindens COULD crazy and take everybodies creations, but they won't. I really don't know what you are complaining about here.
Ricky Zamboni
Private citizen
Join date: 4 Jun 2004
Posts: 1,080
06-29-2006 20:57
From: Tren Neva
All those items became freebies, not default library items. And of course anything could happen, which is one of the main reasons the ToS is written like it is. Yes, the Lindens COULD crazy and take everybodies creations, but they won't. I really don't know what you are complaining about here.

The items became freebies, and the users had no recourse for the income they likely lost due to the existence of the bug.

If it became in some way advantageous for them to take people's creations, you can bet they would. LL is not your friend. LL is a company trying to make money. If they determine they can make more money by expropriating users' content you can bet that's what they will do.

I think Introvert's example is a good one -- won't give your script to us when we ask? No matter. We were only asking as a courtesy and can take it anyway.
Tren Neva
Registered User
Join date: 16 Oct 2004
Posts: 619
06-29-2006 22:24
From: Ricky Zamboni
The items became freebies, and the users had no recourse for the income they likely lost due to the existence of the bug.

If it became in some way advantageous for them to take people's creations, you can bet they would. LL is not your friend. LL is a company trying to make money. If they determine they can make more money by expropriating users' content you can bet that's what they will do.

I think Introvert's example is a good one -- won't give your script to us when we ask? No matter. We were only asking as a courtesy and can take it anyway.


We didn't exactly get any details on that one, so don't jump to conclusions. Secondly, it has come to my attention that you are insane.
Ricky Zamboni
Private citizen
Join date: 4 Jun 2004
Posts: 1,080
06-30-2006 06:02
From: Tren Neva
We didn't exactly get any details on that one, so don't jump to conclusions. Secondly, it has come to my attention that you are insane.

If I were to say that you have your head up your ass would it be a violation of the community standards?
Introvert Petunia
over 2 billion posts
Join date: 11 Sep 2004
Posts: 2,065
06-30-2006 07:40
From: someone
Very interesting. I hadn't heard that story before.
Can't name names, nor do I think the customer would want me to. The most amusing bit is that it might have taken all of 10 minutes to "clean-room" create a similar script.

Oo-bla-di Oo-bla-da...
Lucifer Baphomet
Postmodern Demon
Join date: 8 Sep 2005
Posts: 1,771
06-30-2006 08:01
From: Ricky Zamboni
The items became freebies, and the users had no recourse for the income they likely lost due to the existence of the bug.

If it became in some way advantageous for them to take people's creations, you can bet they would. LL is not your friend. LL is a company trying to make money. If they determine they can make more money by expropriating users' content you can bet that's what they will do.

I think Introvert's example is a good one -- won't give your script to us when we ask? No matter. We were only asking as a courtesy and can take it anyway.


Yes, and American Airlines is not your friend... American Airlines is a company trying to make money. If they were to determine they could make more money by diverting flights to remote islands, and forcing passengers into forced labour camps, you can bet thats what they would do.
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Gabe Lippmann
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Join date: 14 Jun 2004
Posts: 4,219
06-30-2006 08:06
From: Lucifer Baphomet
Yes, and American Airlines is not your friend... American Airlines is a company trying to make money. If they were to determine they could make more money by diverting flights to remote islands, and forcing passengers into forced labour camps, you can bet thats what they would do.


This happened to me. It wasn't AA though, it was Eastern. I took care of them though.
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