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Since LL is a US based company, isnt SL bound by US laws?


Caoilte Skytower
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Terms of Service (Sect 12.2):

"12.2 The applicable law and venue for any non-arbitrated dispute is California.

You agree that this Agreement and the relationship between you and Linden Lab shall be governed by the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Further, you and Linden Lab agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California, except as provided in Section 12.1 regarding optional arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party's Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business."

And TOS (Sect 13.1):

"13.1 Second Life is a United States-based service.

Linden Lab makes no representation that any aspect of the Service is appropriate or available for use outside of the United States. Those who access the Service from other locations are responsible for compliance with applicable local laws. The Linden Software is subject to applicable export laws and restrictions."


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Yes it does.  But I am not sure that that means what you think it means.

Linden Lab must comply with US laws.  Individuals using SL must comply with US laws, and if they are residents elsewhere, with the laws of their own country as well.

But if you think that means that the Second Life world must mirror US law in all respects, you are incorrect.  SL is a virtual world, peopled by avatars whose operators are anonymous.  Thus, for example, there can be no contract law applicable to agreements between residents, since one of the requirements for a contract cannot be proven to exist (i.e., competent parties).  Consumer protection laws don't apply to virtual goods.  There are no lemon laws, no minimum wage laws, and on and on. 

Here's a rather silly example:  There are combat areas in SL where you can freely shoot and "kill" other avatars.  However, if you tried to assert that this was unlawful because "murder is against the law" you would not have a leg to stand on.

If someone does something in SL that you don't like, you CAN apply US law to the situation...but it means going outside of SL.  Hire a lawyer, get them to serve LL with a court order requiring that LL divulge the RL identity of the person(s) who you allege has harmed you.  Then take them to court in Real Life.

WITHIN Second Life, in the context of the virtual world, there are, as a practical matter, no laws except the LL TOS and Community Standards.

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