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Gaming issue in SL- a solution?

Rusty Satyr
Meadow Mythfit
Join date: 19 Feb 2004
Posts: 610
08-15-2007 19:01
From: Gisela Vale
The precedent is already established in a court of law.

They cannot change the TOS arbitrarily and have to give notice.

The blog means nothing as far as TOS is concerned


My point was they can ban gambling... without changing the ToS.

ToS 1.5 --- "[...] Linden Lab may halt, suspend, discontinue, or reverse any Currency Exchange transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Service."

(how recently that bit was added, I've no idea, but obviously they think that "violations of other laws or regulations" has become an issue.

And I wouldn't rule out that the undoubtedly huge number of minor L$ transactions was also contributing to a significant "interference with the service".

As I said earlier, (I forget where now), that I think part of this gambling ban was, in part, an effort to reduce the load on their servers. :)
Andy Grant
Registered User
Join date: 20 May 2005
Posts: 140
08-21-2007 06:53
From: Rusty Satyr
My point was they can ban gambling... without changing the ToS.

ToS 1.5 --- "[...] Linden Lab may halt, suspend, discontinue, or reverse any Currency Exchange transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Service."

(how recently that bit was added, I've no idea, but obviously they think that "violations of other laws or regulations" has become an issue.

And I wouldn't rule out that the undoubtedly huge number of minor L$ transactions was also contributing to a significant "interference with the service".

As I said earlier, (I forget where now), that I think part of this gambling ban was, in part, an effort to reduce the load on their servers. :)


That part of the TOS needs a change, nomatter how much ppl hate casinos they should agree... For example other regulation is Paypal's view on virtual sex, accourding to paypal's regulations, converting USd to L$ or other way around is ILLEGAL becasue your can buy sex or sex releated items in SL. Another example L$ itself is illegal too as specified in TOS "other laws" because many muslim countries forbid currencies that are not backed by a commodity, also they do forbid loans (something many banks in sl offer) that take % for nothing, mostly the loans are 100%+ secured in land and accourding to "those other laws" are forbidden to take % on top.

Waht are "other laws" and what are "regulations" ? This should be specified, currently they seem to follow alot of international "other laws" like UK gambling act of 2005 something that has nothing to do with USA, still they follow it: example they banned sudoku.

Does "other laws" and "regulations" apply in SL like they do in Hipihi ? In that case theres ALOT of forbidden content on the grid that can be removed without a notice and accounts suspended or terminated without explination or compensation.

There are 194 countries in the world, and 100's of thousands of regulations, are we expected to know them all ?
Rusty Satyr
Meadow Mythfit
Join date: 19 Feb 2004
Posts: 610
08-21-2007 10:56
From: Andy Grant
[1] - For example other regulation is Paypal's view on virtual sex, accourding to paypal's regulations, converting USd to L$ or other way around is ILLEGAL becasue your can buy sex or sex releated items in SL.

[2] - Another example L$ itself is illegal too as specified in TOS "other laws" because many muslim countries forbid currencies that are not backed by a commodity, also they do forbid loans (something many banks in sl offer) that take % for nothing, mostly the loans are 100%+ secured in land and accourding to "those other laws" are forbidden to take % on top.

[3] - Waht are "other laws" and what are "regulations" ? This should be specified, currently they seem to follow alot of international "other laws" like UK gambling act of 2005 something that has nothing to do with USA, still they follow it: example they banned sudoku.


[1] - Is paypal's view against 'VIRTUAL' sex, or against 'real' sex. It has yet to be shown that what passes for 'sexual content' in secondlife is real enough to be equated with live-video feeds of actors engaged in lewd acts, or mail order delivery of products to be used in sexual ways, or otherwise. If I'm wrong on this, please cite a source for it.

[2] - Such a law would prevent them from buying subway tokens too. As I see it, this law puts the buyer at risk, not the seller, particularly when the seller is not IN that country.

[3] - Any that put LL at risk of being shut down... by California State or U.S. Federal law, or with a country which the U.S. has agreed to extradite criminals to, if it can be shown that the act actually took place in a jurisdiction where it was illegal. In other words, fewer than you seem to think.
Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
08-21-2007 13:48
From: Andy Grant
That part of the TOS needs a change, nomatter how much ppl hate casinos they should agree... For example other regulation is Paypal's view on virtual sex, accourding to paypal's regulations, converting USd to L$ or other way around is ILLEGAL becasue your can buy sex or sex releated items in SL.


No its not illegal. Becuase Paypal does not have any legislative authority in the United States, the State of california, The City or County of San francisco.

Therefore violating paypal's rules are not breaking any laws at all.

In the United states laws can only be passed by legislative bodies.

Further paypal has no authority to create Regulations either, since regulations are established by the Executive to assist them in carrying out the laws duly passed.


----------------
The only thing that happens if Paypal's rules get broken, is ....

Paypal's rules get broken.

Thats it.

Paypal can only decide to stop dealing with either a customer or LL. Thats their whole authority.
Rusty Satyr
Meadow Mythfit
Join date: 19 Feb 2004
Posts: 610
08-21-2007 15:43
From: Colette Meiji
No its not illegal. Becuase Paypal does not have any legislative authority in the United States, the State of california, The City or County of San francisco.

Therefore violating paypal's rules are not breaking any laws at all.

In the United states laws can only be passed by legislative bodies.

Further paypal has no authority to create Regulations either, since regulations are established by the Executive to assist them in carrying out the laws duly passed.


----------------
The only thing that happens if Paypal's rules get broken, is ....

Paypal's rules get broken.

Thats it.

Paypal can only decide to stop dealing with either a customer or LL. Thats their whole authority.



I think the point was that it may be illegal for Paypal to process the transaction if it were for someone buying illicit sexual services/goods... which could result in Paypal refusing to do any transactions with LL's Lindex. (and may yet still, who knows what puritanical nutcases will do to this country in the next few years). :)
Brenda Connolly
Un United Avatar
Join date: 10 Jan 2007
Posts: 25,000
08-22-2007 05:12
From: Rusty Satyr
I think the point was that it may be illegal for Paypal to process the transaction if it were for someone buying illicit sexual services/goods... which could result in Paypal refusing to do any transactions with LL's Lindex. (and may yet still, who knows what puritanical nutcases will do to this country in the next few years). :)

I don't think it's illegal, just against PayPals policies. Credit card companies process payments to sex related sites all day long (Which also seem to make do with a simple "I am over 18" checkbox for verification).
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Andy Grant
Registered User
Join date: 20 May 2005
Posts: 140
08-24-2007 09:15
From: Rusty Satyr
[1] - Is paypal's view against 'VIRTUAL' sex, or against 'real' sex. It has yet to be shown that what passes for 'sexual content' in secondlife is real enough to be equated with live-video feeds of actors engaged in lewd acts, or mail order delivery of products to be used in sexual ways, or otherwise. If I'm wrong on this, please cite a source for it.

[2] - Such a law would prevent them from buying subway tokens too. As I see it, this law puts the buyer at risk, not the seller, particularly when the seller is not IN that country.

[3] - Any that put LL at risk of being shut down... by California State or U.S. Federal law, or with a country which the U.S. has agreed to extradite criminals to, if it can be shown that the act actually took place in a jurisdiction where it was illegal. In other words, fewer than you seem to think.


If you read paypals TOS, any kind of sexual form is forbidden by their TOS, so buying L$ or converting L$ back to USD is a NONO.

I simply wouldn't bet on it, it's not a question if Paypal has any authorization in sanfran, it's a question if paypal will one day simply say NO. thats why im stressing that issue.
Rusty Satyr
Meadow Mythfit
Join date: 19 Feb 2004
Posts: 610
08-24-2007 13:10
From: Andy Grant

I simply wouldn't bet on it, it's not a question if Paypal has any authorization in sanfran, it's a question if paypal will one day simply say NO. thats why im stressing that issue.


Which is certainly a legitimate concern... however I'm still skeptical that pixel bumping rates as 'sexual'. Keep in mind that most of the LL <--> paypal money changing hands is more likely something to do with land purchases or rent. Adult content is is popular, but land costs much much lot more. Whether that factors in or not if they ever have to make a decision about it, who knows.
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