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Marketplace and user-licensing


Mindfkr
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Under the TOS the creator can license a product under any terms they wish.  The permission system is just a convenient way to do this. A user license isn't bait and switch as you are given the terms prior to the sale either directly on the listing or through a link to a website or PDF document.  You agree to the terms by purchasing the item.   It would only be bait and switch if you weren't told their was a user license or the  terms of a user license before you purchased the item and then it is questionable a user license could be enforced since you didn't agree to it.

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"Smacks of" not "is". I, as a customer of yours (Etched everything) simply want the ability to exclued things from search results.  This is an issue I have with Linden Labs, not the vendors. Nor do I have an issue with user-licensing. 

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"Under the TOS the creator can license a product under any terms they wish. "

http://legal-dictionary.thefreedictionary.com/Price+Fixing

The Sherman Anti-Trust Act of 1890 (15 U.S.C.A. §§ 1 et seq.), the first and most significant of the U.S. antitrust laws, was signed into law by President Benjamin Harrison and is named after its primary supporter, Ohio Senator John Sherman.

Price Fixing
The agreement to inhibit price competition by raising, depressing, fixing, or stabilizing prices is the most serious example of a per se violation under the Sherman Act. Under the act, it is immaterial whether the fixed prices are set at a maximum price, a minimum price, the actual cost, or the fair market price. It is also immaterial under the law whether the fixed price is reasonable.
All horizontal and vertical price-fixing agreements are illegal per se. Horizontal price-fixing agreements include agreements among sellers to establish maximum or minimum prices on certain goods or services. This can also include competitors' changing their prices simultaneously in some circumstances. Also significant is the fact that horizontal price-fixing agreements may be direct or indirect and still be illegal. Thus, a promotion or discount that is tied closely to price cannot be raised, depressed, fixed, or stabilized, without a Sherman Act violation. Vertical price-fixing agreements include situations where a wholesaler mandates the minimum or maximum price at which retailers may sell certain products.

"Under the TOS the creator can license a product under any terms they wish." So it seems. No laws here, nope.

 

 

 

 

 

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Sierra Zabelin wrote:

"Under the TOS the creator can license a product under any terms they wish. "

 

The Sherman Anti-Trust Act of 1890 (15 U.S.C.A. §§ 1 et seq.), the first and most significant of the U.S. antitrust laws, was signed into law by President Benjamin Harrison and is named after its primary supporter, Ohio Senator John Sherman.

 

Price Fixing

The agreement to inhibit price competition by raising, depressing, fixing, or stabilizing prices is the most serious example of a per se violation under the Sherman Act. Under the act, it is immaterial whether the fixed prices are set at a maximum price, a minimum price, the actual cost, or the fair market price. It is also immaterial under the law whether the fixed price is reasonable.

All horizontal and vertical price-fixing agreements are illegal per se. Horizontal price-fixing agreements include agreements among sellers to establish maximum or minimum prices on certain goods or services. This can also include competitors' changing their prices simultaneously in some circumstances. Also significant is the fact that horizontal price-fixing agreements may be direct or indirect and still be illegal. Thus, a promotion or discount that is tied closely to price cannot be raised, depressed, fixed, or stabilized, without a Sherman Act violation. Vertical price-fixing agreements include situations where a wholesaler mandates the minimum or maximum price at which retailers may sell certain products.

"Under the TOS the creator can license a product under any terms they wish." So it seems. No laws here, nope.

 

 

"Under the TOS the creator can license a product under any terms they wish." So it seems. No laws here, nope."

No where in the TOS does it say that you can violate your (local) laws.

On the contrary, the TOS does state you are responsible for knowing and adhering to your (local) laws.

And even if it didn't, that is a NO BRAINER.

Anyone who thinks that a contract (which is what the TOS is) gives them the right to break a law is in serious need of a brain transplant.

ETA, Reading into what she said like you just did is ridiculous.

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Taken subway out of context perhaps?

Besides, good luck taking legal action when the seller is in a different country and the cost of the item is a few hundred or perhaps a couple of thousand L$ as is usually the case.

Not everyone is in the US or gives a flying donkey about US law. Look, if the terms are there to read before spending $5 and you doubt like it, don't buy it! (Or go ahead and spend thousands of $ to prove a point over $5.

Way too much belief and drama in the legal process

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Sierra Zabelin wrote:

"Under the TOS the creator can license a product under any terms they wish. "

 

The Sherman Anti-Trust Act of 1890 (15 U.S.C.A. §§ 1 et seq.), the first and most significant of the U.S. antitrust laws, was signed into law by President Benjamin Harrison and is named after its primary supporter, Ohio Senator John Sherman.

 

Price Fixing

The agreement to inhibit price competition by raising, depressing, fixing, or stabilizing prices is the most serious example of a per se violation under the Sherman Act. Under the act, it is immaterial whether the fixed prices are set at a maximum price, a minimum price, the actual cost, or the fair market price. It is also immaterial under the law whether the fixed price is reasonable.

All horizontal and vertical price-fixing agreements are illegal per se. Horizontal price-fixing agreements include agreements among sellers to establish maximum or minimum prices on certain goods or services. This can also include competitors' changing their prices simultaneously in some circumstances. Also significant is the fact that horizontal price-fixing agreements may be direct or indirect and still be illegal. Thus, a promotion or discount that is tied closely to price cannot be raised, depressed, fixed, or stabilized, without a Sherman Act violation. Vertical price-fixing agreements include situations where a wholesaler mandates the minimum or maximum price at which retailers may sell certain products.

"Under the TOS the creator can license a product under any terms they wish." So it seems. No laws here, nope.

 

 

 

 

 

Why didn't you also quote this, from the same article you linked to?

 

Concerted Action

Section one of the Sherman Act prohibits concerted action, which requires more than a unilateral act by a person or business alone. The Supreme Court has stated that an organization may deal or refuse to deal with whomever it wants, as long as that organization is acting independently. But if a manufacturer and certain retailers agree that a manufacturer will only provide products to those retailers and not to others, then that is a concerted action that may violate the Sherman Act. A company and its employees are considered an individual entity for the purposes of this act. Likewise, a parent company and its wholly owned subsidiaries are considered an individual entity.

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  • 2 weeks later...
  • 2 weeks later...


Perrie Juran wrote:


Sierra Zabelin wrote:

"Under the TOS the creator can license a product under any terms they wish. "

 

The Sherman Anti-Trust Act of 1890 (15 U.S.C.A. §§ 1 et seq.), the first and most significant of the U.S. antitrust laws, was signed into law by President Benjamin Harrison and is named after its primary supporter, Ohio Senator John Sherman.

 

Price Fixing

The agreement to inhibit price competition by raising, depressing, fixing, or stabilizing prices is the most serious example of a per se violation under the Sherman Act. Under the act, it is immaterial whether the fixed prices are set at a maximum price, a minimum price, the actual cost, or the fair market price. It is also immaterial under the law whether the fixed price is reasonable.

All horizontal and vertical price-fixing agreements are illegal per se. Horizontal price-fixing agreements include agreements among sellers to establish maximum or minimum prices on certain goods or services. This can also include competitors' changing their prices simultaneously in some circumstances. Also significant is the fact that horizontal price-fixing agreements may be direct or indirect and still be illegal. Thus, a promotion or discount that is tied closely to price cannot be raised, depressed, fixed, or stabilized, without a Sherman Act violation. Vertical price-fixing agreements include situations where a wholesaler mandates the minimum or maximum price at which retailers may sell certain products.

"Under the TOS the creator can license a product under any terms they wish." So it seems. No laws here, nope.

 

 

"Under the TOS the creator can license a product under any terms they wish." So it seems. No laws here, nope."

No where in the TOS does it say that you can violate your (local) laws.

On the contrary, the TOS does state you are responsible for knowing and adhering to your (local) laws.

And even if it didn't, that is a NO BRAINER.

Anyone who thinks that a contract (which is what the TOS is) gives them the right to break a law is in serious need of a brain transplant.

ETA, Reading into what she said like you just did is ridiculous.

Does all of that mean that a Mesh template creator cant actually tell you what you can or cant charge for an item? This has always been a sticking point for me. I know its illegal in RL but does that carry over to SL?

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Drake1 Nightfire wrote:


Perrie Juran wrote:


Sierra Zabelin wrote:

"Under the TOS the creator can license a product under any terms they wish. "

 

The Sherman Anti-Trust Act of 1890 (15 U.S.C.A. §§ 1 et seq.), the first and most significant of the U.S. antitrust laws, was signed into law by President Benjamin Harrison and is named after its primary supporter, Ohio Senator John Sherman.

 

Price Fixing

The agreement to inhibit price competition by raising, depressing, fixing, or stabilizing prices is the most serious example of a per se violation under the Sherman Act. Under the act, it is immaterial whether the fixed prices are set at a maximum price, a minimum price, the actual cost, or the fair market price. It is also immaterial under the law whether the fixed price is reasonable.

All horizontal and vertical price-fixing agreements are illegal per se. Horizontal price-fixing agreements include agreements among sellers to establish maximum or minimum prices on certain goods or services. This can also include competitors' changing their prices simultaneously in some circumstances. Also significant is the fact that horizontal price-fixing agreements may be direct or indirect and still be illegal. Thus, a promotion or discount that is tied closely to price cannot be raised, depressed, fixed, or stabilized, without a Sherman Act violation. Vertical price-fixing agreements include situations where a wholesaler mandates the minimum or maximum price at which retailers may sell certain products.

"Under the TOS the creator can license a product under any terms they wish." So it seems. No laws here, nope.

 

 

"Under the TOS the creator can license a product under any terms they wish." So it seems. No laws here, nope."

No where in the TOS does it say that you can violate your (local) laws.

On the contrary, the TOS does state you are responsible for knowing and adhering to your (local) laws.

And even if it didn't, that is a NO BRAINER.

Anyone who thinks that a contract (which is what the TOS is) gives them the right to break a law is in serious need of a brain transplant.

ETA, Reading into what she said like you just did is ridiculous.

Does all of that mean that a Mesh template creator cant actually tell you what you can or cant charge for an item? This has always been a sticking point for me. I know its illegal in RL but does that carry over to SL?

I am not a lawyer.......

But my opinion would be that they can't.

Why would we be able to choose randomly which laws apply?  Either they all apply or none of them apply.  Just because it is happening in or for SL does not mean it is not still a RL transaction subject to RL laws.

What they could have is a MSRP (Manufacturers SuggestedRetail Price) but they could nor force you to only sell at that price.

Note: In RL, most MSRP's are highly over inflated. 

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