The demonstration may have begun as a response to LL's ban on gaming, but it has come to represent much more than that in my opinion.
The ban on gaming created a devastating ripple effect on SL's economy, affecting every single industry from land prices to fashion sales. It's not just about bringing gaming back, its about whether SL will continue to exist for any of us.
Land prices are less than half their value prior to the ban. I've heard so many insist this is the best thing to happen, but those values are an integral part of SL's economy. You may be able to afford cheap land at this very moment, but it will serve no purpose if SL dies.
The primary problem with the ban is that LL is allowing governmental regulations to get a foot in the door. This has far reaching implications which are, in my mind, much more serious. It opens the door to regulation of the internet. There isn't a government in the world who isn't chomping at the bit to accomplish that feat because of its incredible revenue potential.
Yes LL does have liability because of the UIGEA and most people believe that is why the ban was implemented. It is a little more complicated than that though. This is a virtual world and the things in it exist in cyberspace. It is only by virtue of the grid staying open that any of it is possible. Once the plug is pulled, SL and everything in it disappears, including EVERYTHING you obtained with real currency, whether it be land or lindens or whatever. And if it disappears you have no recourse whatsoever.
LL's liability is not tied to any RL laws because they don't apply to virtual reality. Not yet anyway. Their liability is the result of a single action on their part - the launch of the LindeX whereby they themselves encourage and facilitate the exchange of $L for USD.
If they didn't do that one thing, their liability would be zero and RL law simply would not apply to SL. There will always be activities conducted here in which individual players may have liability from their local laws such as pornography or failing to pay sales taxes, and yes gambling too among others, but individual player liability doesn't challenge the existence of the game itself or pose any danger to SL's economy.
Cue the *gasps* of all those who fear losing the ability to exchange their $L for USD.
Simple fact is that it would still be traded. SL got along fine without the LindeX before it came into existence and $L was traded for real currency quite well. There are many outlets already available and any number of players in-game willing to make trades via Paypal or Ebay. There are also third parties who regularly trade in game items, not just SL but many other games as well. They aren't prolific in SL now because it simply isn't lucrative to compete with the LindeX (LL owns the LindeX.) If the LindeX didn't exist, then third party trading would become lucrative again. It would be highly competitive.
Gaming or gambling in SL, whichever you prefer to call it, is not the only industry which stands to lose in SL because of the liability LL has from owning the LindeX. The intrusion of RL laws in a virtual reality game is a loss to everyone, because then you suddenly become subject to RL regulation no matter what you do. If you think that's a plus, then in my mind you are part of the problem because you support that philosophy.
Cue the *huffing* of the whiners who demand regulation in SL because they have been ripped off by Ginko, or that builder, or that fashion designer, or that scriptor, or that shoe shop owner, or that land seller, or that escort, or that casino owner, or any number of ripoff artists that exist both in RL and virtual worlds. We could even argue that LL has ripped off people left and right because they aren't well known for treating their customer base with anything resembling respect. (Please note, I do believe individual Lindens do their damnedest to help us - but they are ham-strung by company policy)
The fact that SL is an extension of the internet is lost on many. You have to use common sense here as you would anywhere else and unfortunately the learning curve for that is just as high as the game itself.
Basically LL's philosophy, which I agree with wholeheartedly, is to not interfere and allow us to govern ourselves. Self-governing is already done in SL in lots of ways, albeit on a very small scale. We have yet to reach a point of being able to do it on a large scale, but then the game doesn't really facilitate that, as it's difficult to disseminate information and large gatherings are fairly impossible.
We do have a philosophy as a consumer base though at least I think most of us do. We are all here for a reason. It isn't a matter of whether it's a good or bad reason, just whether we can reasonably expect to remain here based on it.
That said, it goes without saying we all have some interest in preserving the game. I think we have a responsibility to take some kind of action if we see its existence is in danger. That is my reason for protest and demonstration. It should be yours as well if you choose to become involved. Some of you don't care to, but those who do should not be subjected to ridicule or castigation.
Protests about the stability of the grid as opposed to introducing new features is a prime example of how most of us demonstrate. We want the game to work like it should. This protest (which LL responds to btw) makes the game better for all, thus ensuring we don't evacuate in droves, and it ultimately preserves the game.
I see the gaming protest as serving the same purpose because of the fear the economical fallout from the ban will result in the death of SL. You can make fun and flame all you want about "the sky is falling" but the numbers are there to support that fear. Yes, LL owns the game and can make any decision they want concerning it, but that doesn't absolve you or me of any responsibility to do or say what we can to help preserve both LL and the game. My suggestion to that end is to call for LL to ditch the LindeX. I'm not anyone special and they won't listen to me. But if I can help enough other people to understand why, they may join in and demonstrate too or perhaps offer an even better solution to what I see is a very real danger to the game. As individuals, little can be accomplished. But as a group we have considerable power to effect change as long as we are reasonable.
Although it's really convenient to buy or sell $L through the LindeX, I believe it's a mistake to have it and its existence may ultimately be the reason SL dies. LL's ownership of the LindeX gives them liability because THEY are giving $L value. If someone else was doing it, it wouldn't affect SL.
LL assumes much more liability by virtue of the LindeX, than just being subject to US Federal gaming laws. If USD wasn't involved, the gambling laws wouldn't apply to them at all. BUT . . .
It is quite possible the whole concept of LL issuing $L is completely illegal itself. Under US Federal Securities law, it could be construed as issuing an unregistered security. Because the $L is traded for USD on the LindeX, are they in fact issuing securities for USD? If so, that IS DEFINITELY illegal under federal securities law - virtual or not. Technically securities, for all intents and purposes, are virtual anyway because you just don't see actual stock certificates anymore. $L is no different because if you buy $L, basically you are hoping someone will pay more for it, or that you can exchange it for something with value, so it appears they are acting like a company issuing stock, i.e. selling virtual securities. ALL BECAUSE THEY OWN THE LINDEX.
If this is the case, it stands to reason, LL banned gaming in SL because they fear that they are facilitating an online gaming operation and can't hide behind the "we are nothing but a chat room really" argument. Not to mention they are going directly against their own TOS in which they state $L has no value. LL cannot legally sell $L and maintain an exchange, virtual or not, in their own corporation, which may be exactly why they have made a point they are only acting as agent, but in fact they are not (because they issue more $L).
An investigation by the US Department of Justice or the Attorneys General would most likely result in closure of the grid long before the issue was decided in a court action.
It doesn't really make sense to me that LL would roll over as the result of the UIGEA and create such economic hardship for themselves as well as their customer base in-world. Yes, if the economy in SL suffers, so does LL. The UIGEA in its current form has no teeth really and LL could easily position themselves for protection from it. The question is why wouldn't they want to?
I invite anyone to read the securities laws themselves here:
http://www.sec.gov.
I hope to invite discussion as well as pertinent comment, not flames.
Discussion and sharing information with others is important. My friend Ramo told me about the unregistered securities issue, and after reading the law myself I agree.
There are links to the UIGEA as well as the Barney Frank bill being introduced this year in a couple of other posts found here:
post #s 1 and 32,
/341/61/200636/6.htmlMany other comments in that thread include interesting links as well.
Most assume that internet gambling is illegal, but there is no federal law, as yet anyway, that outlaws it. The UIGEA just makes it illegal to fund it with USD. The Barney Frank bill intends to correct that and place additional restrictions on the gaming industry. If you do even a little reading on these issues, it's a real eye-opener on how deceptive the politicians are at getting laws passed and how the government is taking steps towards regulating the internet.
