All items on land lost....
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Yumi Murakami
DoIt!AttachTheEarOfACat!
Join date: 27 Sep 2005
Posts: 6,860
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04-03-2007 09:52
From: Sweet Primrose LL isn't going to pay their big-bucks corporate lawyers to save the $32 either, so you could look at it that way. Go ahead with your small claims lawsuit. Most likely LL won't bother to show up and you get your judgement. Or LL decides to settle the $32 rather than bring in ther $2k/hour lawyers to fight it. They have lawyers on staff. LL would fight the claim, though, because if there was a precedent against them that they could be sued for the value of virtual items lost to asset server failure, that could be hugely damaging to them later on. In fact, it could hurt other companies as well, not just LL. To say nothing of how it leaves them in a huge jeopardy position. Suppose they decide that having that threat for a server failure is just too much risk to continue.. oh, but hang on, they can't just back out and shut down Second Life - because if they did that, everyone would lose all their virtual items and they'd have to pay for them.. the law doesn't generally like putting people in positions like that. Of course, it would also nicely open the Pandora's Box of tax on L$ transactions - because of L$ are taken to directly have legal value, then you should have to tell the taxman whenever you recieve any..
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Ike Fairweather
Off Tha Chain
Join date: 1 Feb 2007
Posts: 387
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04-03-2007 10:02
I got an object that gave me a "Attempt to rez has failed" that just disappeared and still about a month later, hasn't returned to inventory.
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Kitty Barnett
Registered User
Join date: 10 May 2006
Posts: 5,586
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04-03-2007 10:06
From: Jayne Benedek Also, i want to say A BIG THANK YOU TO DREAMLAND (ANSHE CHUNG PEOPLE) WHO ARE DOING A SIM ROLL-BCAK FOR ME....... XXXXXXXXXXXXXXX
The only truely helpful people i have met on SL....... They request a rollback, and LL performs it if the request is approved. Meanwhile you'll end up with the items duplicated when they do eventually pop up in your inventory, and the person who purchased your land and paid you for it has to hope for your goodwill to get the land they purchased back because the rollback will wipe out their land ownership while you get to keep their money.
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Jayne Benedek
Registered User
Join date: 25 Oct 2006
Posts: 34
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04-03-2007 10:07
From: Colette Meiji Most likely Returned items will be in you Lost and Found Folder as 1 Item
In other words grouped together with one name
Go to a good parcel with a big prim allowance and rez out your lost and found folder before you decide things are Gone.
If youve emptied your lost and found and trash since this sale - It would have been a big mistake - Never empty lost and found OR trash when your missing items.
If the land owner delted your Items they are gone.
You did the RL equivilent of moving without taking your stuff with you. It would be interesting, but unlikely youd get your stuff back in a lawsuit.
Would you trust the next person to mail the stuff to you or just toss it in the dumpster? I did NOT empty my trash There is NO item in my inventory that holds eveything - having checked all at a sandbox The person who bought my land is a friend and would NOT have deleted stuff and DID auto-return... I did NOT get chance to take everything back on my land as i was off line for a couple of days due to a family emergency.... I know you are probably trying to be helpful, but i am a pretty experienced SL user and know that LL asset servers are not very robust.... 
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Resolver Bouchard
Registered User
Join date: 19 Jul 2006
Posts: 89
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04-03-2007 10:10
From: Yumi Murakami They have lawyers on staff.
LL would fight the claim, though, because if there was a precedent against them that they could be sued for the value of virtual items lost to asset server failure, that could be hugely damaging to them later on. In fact, it could hurt other companies as well, not just LL.
To say nothing of how it leaves them in a huge jeopardy position. Suppose they decide that having that threat for a server failure is just too much risk to continue.. oh, but hang on, they can't just back out and shut down Second Life - because if they did that, everyone would lose all their virtual items and they'd have to pay for them.. the law doesn't generally like putting people in positions like that.
Of course, it would also nicely open the Pandora's Box of tax on L$ transactions - because of L$ are taken to directly have legal value, then you should have to tell the taxman whenever you recieve any.. I would actually imagine they would settle out of court.
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Jayne Benedek
Registered User
Join date: 25 Oct 2006
Posts: 34
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04-03-2007 10:12
From: Kitty Barnett Meanwhile you'll end up with the items duplicated when they do eventually pop up in your inventory, and the person who purchased your land and paid you for it has to hope for your goodwill to get the land they purchased back because the rollback will wipe out their land ownership while you get to keep their money.
The items WONT just pop up back in my inventory AND the purchaser of my land is a friend and we trust EACH other - there is NO way I would take his money and run..... i am a reasonable person, despite what some people think here....
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Amity Slade
Registered User
Join date: 14 Feb 2007
Posts: 2,183
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04-03-2007 10:13
They could go either way. Even though they have in-house lawyers, I'm sure there are things they'd rather have those lawyers doing than fighting small cases. I doubt their staff attorneys are just sitting around idle in their offices waiting for something to happen. I honestly don't think that there would be anything of legal precedential value in such a suit. Any decisions they make to settle or litigate on a small case would be strictly for whatever publicity angle they want, I would guess. From: Yumi Murakami They have lawyers on staff.
LL would fight the claim, though, because if there was a precedent against them that they could be sued for the value of virtual items lost to asset server failure, that could be hugely damaging to them later on. In fact, it could hurt other companies as well, not just LL.
To say nothing of how it leaves them in a huge jeopardy position. Suppose they decide that having that threat for a server failure is just too much risk to continue.. oh, but hang on, they can't just back out and shut down Second Life - because if they did that, everyone would lose all their virtual items and they'd have to pay for them.. the law doesn't generally like putting people in positions like that.
Of course, it would also nicely open the Pandora's Box of tax on L$ transactions - because of L$ are taken to directly have legal value, then you should have to tell the taxman whenever you recieve any..
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Jayne Benedek
Registered User
Join date: 25 Oct 2006
Posts: 34
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04-03-2007 10:26
From: Yumi Murakami Of course, it would also nicely open the Pandora's Box of tax on L$ transactions - because of L$ are taken to directly have legal value, then you should have to tell the taxman whenever you recieve any..
I personally would have no problems paying tax on any money I make..... keep it legal I say !!!
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
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04-03-2007 10:30
Okay
So this is how it looks
-Items were auto returned - but never returned - Youd already tried what everyone suggested to do.
Discussing legal rammifications against Linden Labs with forums goers wont get you any stuff back.
Therefore your only recourse at this point is to contact Linden Labs Support. No one on this forum has any power to do anything reguarding lost items.
The First thing support will tell you is to clean your cashe and try again. Id suggested one uping them , clean your cashe and reinstall SL completely - Perhaps on another computer entirely. Neither will work but at least it will rule out your personal computer as a culprit.
Also go through your email and try to find the autoreturn messages if they exist. I am unsure if Second Life still sends these but they used to.
I imagine make a list of the highest ticket items and try to get those ones primarily instead of burrying Linden Labs in noise. This helps when filing a homeowners claim in RL.
If you decde to sue - good luck with your case.
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Tyci Kenzo
K2 Owner and Designer
Join date: 8 Dec 2005
Posts: 285
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04-03-2007 10:31
From: Jayne Benedek The items WONT just pop up back in my inventory AND the purchaser of my land is a friend and we trust EACH other - there is NO way I would take his money and run..... i am a reasonable person, despite what some people think here.... you can say it wont pop backin your inventory but i have seen it happen time and time again its always been an issue returning things like that especially large ammounts of items i still feel this all could have been avoided if you had taken your items when you put the land up for sale
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Gillian Waldman
Buttercup
Join date: 1 Oct 2006
Posts: 697
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04-03-2007 10:32
Jayne - sorry to ask this as it may have been covered and I missed it: were your items deeded to group? IF they were and IF they were mass returned AND no transfer, they would not be returned to you.
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Amity Slade
Registered User
Join date: 14 Feb 2007
Posts: 2,183
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04-03-2007 10:33
From: Yumi Murakami Of course, it would also nicely open the Pandora's Box of tax on L$ transactions - because of L$ are taken to directly have legal value, then you should have to tell the taxman whenever you recieve any.. I hope no one in the U.S. thinks that they don't have to report money they make in SL as income (with standard deductions, exemptions, and so forth available to any small business applying as well). There's no question that it's a legal requirement. The only question is one's ability to get away with failing to report taxable income.
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Jayne Benedek
Registered User
Join date: 25 Oct 2006
Posts: 34
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04-03-2007 10:34
From: Tyci Kenzo i still feel this all could have been avoided if you had taken your items when you put the land up for sale My step-father died - hence i wasn't on line for a few days when the transaction took place. I would like to have had the chance to take everything back.... AND the reason i started this thread was to alert people it could happen to them.....
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Gillian Waldman
Buttercup
Join date: 1 Oct 2006
Posts: 697
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04-03-2007 10:36
Jayne - take a look at my post above...this has happened many (many) times to people I knew who didn't know they were going to lose no transfer items deeded to group. Just a thought.
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Jayne Benedek
Registered User
Join date: 25 Oct 2006
Posts: 34
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04-03-2007 10:37
From: Colette Meiji Okay
So this is how it looks
-Items were auto returned - but never returned - Youd already tried what everyone suggested to do.
Discussing legal rammifications against Linden Labs with forums goers wont get you any stuff back.
I started this thread to alert others to the problem..... I have only got more angry about LL becuase of their inability to respond to bug reports OR when I actually spoke to a human being on their help line.....who said...... "Fill in a bug report "
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Jayne Benedek
Registered User
Join date: 25 Oct 2006
Posts: 34
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04-03-2007 10:38
From: Gillian Waldman Jayne - take a look at my post above...this has happened many (many) times to people I knew who didn't know they were going to lose no transfer items deeded to group. Just a thought. Thanx but i was sole owner..... x
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
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04-03-2007 10:44
From: Jayne Benedek I started this thread to alert others to the problem..... I have only got more angry about LL becuase of their inability to respond to bug reports OR when I actually spoke to a human being on their help line.....who said...... "Fill in a bug report " Yes I beleive stuff coming up missing is a known issue. In 2 years in Second Life I have never lost anything, Even gaining back items deeded to a group after the venue shut down. One of my good freinds though has lost pricey items twice. Both cases she was operating during a peak time. (users online = high) I wonder if losing items permently has anything to do with large inventory shifts during times of peak Asset server usage. Considering that wearing clothes/ teleport / etc has always started to fail becuase of asset sserver load - is it possible this is related?
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Winston Ackland
Registered User
Join date: 25 Jan 2007
Posts: 24
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found lost objects
04-03-2007 10:51
i tried looking at "objects" in my lost and found. didn't find any that were what i lost, but when i rezed something called "small two seat bench...", all of my lost stuff showed up, all out of that one object. very strange, huh?
this is stuff that was auto returned two days ago.
so keep looking through your lost and found. there is still hope.
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Gillian Waldman
Buttercup
Join date: 1 Oct 2006
Posts: 697
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04-03-2007 10:55
That's the coalesce bug...and yes, sometimes the items won't be named "object." I would rez everything in my objects folder slowly and individually - even something as benign as "bush" could be your whole house and all the trimmings.
NM - just saw you were granted a rollback from ACS. Though it has nothing to do with LL since it's not mainland.
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Cristalle Karami
Lady of the House
Join date: 4 Dec 2006
Posts: 6,222
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04-03-2007 11:18
I advised trying the 0,0,0 bug but too late, I guess. Always check 0,0,0 first! That won't save deeded no transfer items, but still... don't forget.
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Yumi Murakami
DoIt!AttachTheEarOfACat!
Join date: 27 Sep 2005
Posts: 6,860
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04-03-2007 12:18
From: Amity Slade I hope no one in the U.S. thinks that they don't have to report money they make in SL as income (with standard deductions, exemptions, and so forth available to any small business applying as well). There's no question that it's a legal requirement. The only question is one's ability to get away with failing to report taxable income. It's never been doubted that you should declare earnings that are cashed out from SL. The issue is whether you have to report earnings in L$. In other words, if you win L$20000 in a contest, but then spend it on a house and some avatars in world, do you still have to pay tax on US$75? General consensus at the moment seems to be that you don't, but a lawsuit ruling that L$ are directly valuable would go against that and create all kinds of problems as a result (ie, users who are unable to cash out due to paypal or other banking issues could find the amount they can gain in SL limited by their other RL income)
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Amity Slade
Registered User
Join date: 14 Feb 2007
Posts: 2,183
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04-04-2007 08:37
I may have to re-check my old tax textbook. I believe that if Lindens have a cash out value to U.S. dollars, then they would be valued in terms of U.S. dollars in the year that they were earned. The default rule is that income is taxable in the year you earn it, and not when you decide to collect it.
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poopmaster Oh
The Best Person On Earth
Join date: 9 Mar 2007
Posts: 917
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04-04-2007 14:46
US law says you must sue in the place where the company is, so a suit in the UK means nothing, you would have to file in San Francisco CA
the TOS may or may not have provisions in it that say you CAN NOT SUE us and if it does say that, well you agree'ed to it by joining and waive your right of legal action
i
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Yumi Murakami
DoIt!AttachTheEarOfACat!
Join date: 27 Sep 2005
Posts: 6,860
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04-04-2007 15:06
From: poopmaster Oh the TOS may or may not have provisions in it that say you CAN NOT SUE us and if it does say that, well you agree'ed to it by joining and waive your right of legal action
IANAL, but I think there was a suit against Paypal that established TOSes can't do that. Denial of due process and all that.
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Kitty Barnett
Registered User
Join date: 10 May 2006
Posts: 5,586
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04-04-2007 15:11
There should be dozens of rulings out there already.
LL is a hosting company, I don't really see the difference between suing LL over lost inventory and suing an email provider for loosing your emails, or suing a web host.
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