12-08-2006 02:01
To what extent do residents have the right to petition or protest against the policies, practices, or actions of residents who run commercial establishments in Second Life? If a resident is suspended or terminated for criticising the conduct of another resident, what procedure are available to obtain review of such suspension or termination?

The following hypotecal is drawn from an actual recent event in Second Life and is presented to help illustrate the significance and importance of the above question.

A visitor arrives on a commercial business property wearing clothing or accessories promoting a business or activity in Second Life that does not contain 'offensive language' or obstruct the free passage of other residents. Other than wearing the printed material, the visitor does not speak to or call out to persons concerning the subject matter depicted on the clothing and/or accessory.

The owner of the commercial establishment ejects the visitor wearing clothing or accessories promoting another business without any warning. The ejected resident then falls to public property next to the comercial establishement, i.e. a roadway or sidewalk not under the control of the owner of the commercial establishment.

The owner then approaches the resident, no longer on the owners property, demanding that the resident not linger or remain near the owners property. The ejected resident informs the owner in a non-threatening manner, that a simple warning or request to leave would be more appropriate.

The property owner then initiates a private conversation with a Linden Labs Administrator requesting suspension or termination of the residents' account, which is then granted, suspending the visitors account with no warning or explaination for the termination.

In the real world, the owner might have the right to have a person removed from a commercial property. However, once the person is removed, and on public property -- or with license on the private property of another -- a business owner does not generally have the right to demand police action be taken against the ejected visitor if the ejected visitor is not trespassing and engaging in speech protected by the First Amendment of the United State Constitution comprising a grievance of the policies or actions of the business owner.

Without actual proof of a violation of the ToS, or in questionable cases, a warning that conduct will be treated as a violation of the ToS, shouldn't residents be permitted -- within the bounds of decency -- to complain about the policies and practices of other residents without fear that an angered resident may, through unilateral discussions with an administrator, cause the suspension or termination of an account?

In this hypothetical, what procedures, if any, exist for the suspended resident to obtain review, or at least clarification, of disciplinary action taken by Linden Labs? In this example wouldn't an at least an explanation benefit the SL community by helping to ensure that the resident knows precisely what was deemed offensive so that they may avoid engaging in such conduct in the future?

If a property owner has made a false, misleading, or disporportionely one sided, or biased, complaint against a resident, is there any procedure to request review and/or disciplinary action be taken against the property owner making such statements?

If it is to problematical for Linden Labs to become involved in arguments between residents, or provide explanations for why disciplinary action is taken base upon a report made by one resident against another, is it feasible to grant greater control to the SL community for the resolution of disputes between residents, such as might be possible if the size of groups could be expaned to include the entire population? How can we, as residents, have civil rights, if we have a totaliarian disciplinary system that does not sufficiently foster a civil society?

Thanks for considering this question,

Little Gray, visitor