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I guess we were all forced to accept the latest TOS (terms of service) on October 6th, 2010 in order to log in to Secondlife....and yes, if we don't like the terms, we can just quit before thirty days goes by.
Today was the first time I actually made an effort to read most of what was written in that presentation. To adequately understand the TOS one would likely need an hour or so and a law degree. I did read and copy one part that is extremely clear, section 4.2....
4.2 Second Life exists only as long as and in the form that we may provide the Service, and all aspects of the Service are subject to change or elimination.
Linden Lab has the right to change and/or eliminate any aspect(s), features or functionality of the Service as it sees fit at any time without notice, and Linden Lab makes no commitment, express or implied, to maintain or continue any aspect of the Service. You acknowledge that your use of the Service is subject to this risk and that you knowingly assume it and make your decisions to participate in the Service, contribute Content and spend your money accordingly.
Period. Full stop. End.
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I want to have a lot to say about the above.... but what the heck can one say? I see no room for discussion, it's a take it or leave it situation.
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Better news, I contacted Tymmerie Thorn this evening and confirmed my commitment to host the SL Bloggers party for later this month...While this is a get together for Secondlife Bloggers, all are welcome. I've spoken to Porter Paquot about performing and am waiting to hear if Hexxie and Madame from "The Born Again Pagans" will commit. Tentative date will be Saturday October 23rd and in these next couple of days I will be able to set a firm time/date. The time will likely start at 2PM SLT since that will allow those in Europe a chance to attend. For those of you in Australia, Japan, and East Asia you're just gonna have to either get up early...or go to bed late! =^..^=
You know...
No matter what happens... we will all be OK. In one of my more melancholy moods I was able to take great comfort in something soror Nishi said, "we will become another diaspora", (in Greek, διασπορά – "a scattering [of seeds]"). Many of us have already established a presence in other worlds..... We will take our skills and our friends and go on.
I still have hope.
And so it goes
My love to you all, brinda
Namaste
नमस्ते
10.5 for me was a jaw dropper..."You are not our employee and you are not entitled to compensation."...a wiser head informed me that it was probably in relation to the viewer whose name we don't mention in public, but I can't help but wonder if they were thinking of educators and non profit groups as well.......
ReplyDeleteI don't know if that was in the TOS before, but it's a fairly standard clause. Basically it means:
ReplyDelete"Even if you're making money from some feature of our software, we're not obligated to continue that feature and you aren't entitled to any damages should we change it."
An example would be, suppose they made a change to LSL that made the scripts in somebody's popular SL product stop working. (That's probably already happened, but I can't think of an example)
The person whose products no longer worked would not be entitled to any compensation from LL. They would have to update their scripts or quit selling the product.
I think that 10.5 is also intended to provide back-up for:
ReplyDelete7.2 You grant certain Content licenses to Linden Lab by submitting your Content to the Service.
You agree that by uploading, publishing, or submitting any Content to or through the Servers, Websites, or other areas of the Service, you hereby automatically grant Linden Lab a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content solely for the purposes of providing and promoting the Service.
I.e.; "You upload it, but we own it, and if we use it in any way, 10.5 says we don't have to pay you."
My Grandfather was born in 1887, a first generation Irishman whos own grandparents fled "The Famine". He was one of those that worked in coal mines where the company owned everything.
ReplyDeleteIn some ways The Benevolent Monarchy has that same philosophy it seems....and while they have a 'captive market' *for now*...it won't always be that way.
Someone reminded me an example of this happened fairly recently.
ReplyDeleteThis summer LL decided to update the physics engine. Doing so broke some weapons in SecondLife, including the arrows used in Gor.
The Gor guys protested at orientation island saying "we bought land and sold products based on the old physics engine, now you have to go back to it."
This time, LL was able to adjust the new Havoc engine so that the Gorean arrows worked again, but without a clause like that, the Goreans might consider they had cause to sue LL to force them to roll back the physics changes or collect damages if they don't, and without a clause like that, they might even have won in court.
What does worry me about litigation like that is something that happened in San Diego 20 odd years back. A meat packer that had been in business since the turn of the twentieth century was just constantly legally hasseled by city government for *perceived* code violations. One day he threw up his hands, deleted his business, layed off a lot of workers,got in his 50 foot twin Caterpillar diesel engine boat and went fishing saying that he just didn't need all that.
ReplyDeleteMy guess is Phillip has recouped his original million by now...and when the BS just gets too much they will pull the plug.
I still have hope...but I'm not buying anymore land.
One of the nice things of this season, is the annual policy and/or pricing-surprise the Lab bestows upon us. I still fondly remember the deep sense of brother- and sisterhood, when we all picketed the Linden Offices during the HOmestead Rebellion.
ReplyDeleteNeedless to say, we shouldn't worry about whether or not the Lab is about to pull the plug. All section 4.2 does, is inform us about the fact that they can, if ever they should feel so inclined. Which, of course, the Lab will never do since SL is doing better than ever.
I was pre-law in college. And what I know now is that Law doesn't necessarily protect the people. Instead, it serves to protect businesses, the ones with "deep pockets"...the very wealthy ones. I never get a good feeling when Linden or any company makes changes to its policies. They only think about their bottom line, not the convenience of the public. Needless to say, I'm not pursuing a Law degree. There are many other reasons, but this is a big reason.
ReplyDelete