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duty of care


greek Wingtips
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I was reading about a person who is being spammed and was explaining that he could not report this but all the replies he had was to mute  this remove that, in otherwords why is it nearly aways the duty of the person to stop from being attacted and surely there is a duty of care from LL to investigate reson I say this, if a spammer or in my case once a bunch of trolls were being a nouiusance then surly LL have a care of duty to investigae and if found to bann these people ,telling us to mute or and sofore is like the police saying to me, dont go down that road your get stabbed, opps are you not the police???

 

we should be able to report things like this and it should be a case of just mute them as in most cases thats the advice, that only send them to another person.

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Duty of care is a legal term that doesn't apply to the service agreement that users have with Linden Lab. Exceptions to this are when LL have reason to believe that someone is in danger of harming themselves, harming another, or posing a danger to a child or children. There are also limited exceptions for people breaking real life law (though this is difficult to apply, as Second Life is an online service). In these cases, the Lab does act.

The rest of your post is unequivocal, since LL don't - and never have - acted as a police force. At best their movements in-world are more akin to moderation, administration and system stability.

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as has been said, the "Duty of Care" only engulfs the safety of a person or persons. being annoyed doesnt really fit into it. And this world is built by thepeople for thepeople, just like the real one, and stopping people from being annoying isnt the responsibility of LL. Their responsibility comes into play when peoples private information is in danger of being stolen or used. in that way they protect you and your details under their Duty Of Care. 

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greek Wingtips wrote:

Ok so maybe my terminology was incorrect, but you tell me that if a know spammer is
causing havoc
in sl as a paying customer is there not a duty of respocibity by LL to act.??

'Causing havoc' is a relative term, and not one that LL are likely to appreciate. It's certainly hyperbolic in your example, and this doesn't help any cause that you're trying to promote. In most cases, spam is easily muted using in-world tools accessible to all users. These tools are capable of negating enough of the 'havoc'  to appease their obligation to their userbase.

In situations where in-world tools aren't enough (spam on its own is NOT considered one of these situations), Abuse Reporting might provoke LL into placing limitations on the offending users account, but they have no 'duty' to respond, and typically only do when platform stability or resource exploitation well in excess of tolerances occurs. As above, their responsibility is to the continuing operation of the Second Life platform, not to pandering to resolve each users personal troubles.

I only highlight the errors in your terminology because it's important that words aren't mis-used, and situations are not mis-represented.

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greek Wingtips wrote:

Sorry Lucis, what part did you not understand I was saying if you have a known spammer lets say, and you block hi do you think he will stop or move onto the next victim. hence stand up to a bully and then he move onto another person. blocking only moves them on

By "Spammer" am I wrong in assuming that you are intending to mean "Griefer?"  That is, someone who is griefing by spamming with constant messages?

I think you will find that the majority of us will agree that LL does not do as good a job dealing with this as they should.  Support is weak.  Sometimes it appears to be very weak.

So we all live with this.  None of us know if, when or ever LL will deal with an abuse report.  It would be very interesting to know how many reports LL receives on a daily basis.  I suspect it is a ridiculous number, and that a lot of the reports are frivolous.  It wouldn't surprise me to find out that the Griefers themselves are filing frivolous reports to add to Linden Lab's load.

All that said and living with the reality of how Second Life works, these pieces of advise still stand as the best way for an individual to deal with Griefers.

1.  Mute, Ignore and file your Abuse Report. 

2.  Never challenge a Griefer yourself.  You will lose.  They are experts at what they do and often band together.  They will make your life even more miserable than it is.

 

eta to correct grammar.  2nd edit, shpelling.

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Many of these types of situations fall into what is known as a resident to resident dispute.  LL does not get involved in those. We are supposed to be adults who can settle these things without "mom" getting into it.  This is why they give you tools such as mute/block.

If you read the TOS you will see that under section 10 you basically waive any legal right for any 'duty of care' on LL's part.  More specifically you have agreed that LL is not liable for the conduct of other users toward you and that you released them from any claims.

Sure, there are times when we all feel LL should act more aggressively than they do, but they don't so we just have to solve these situations on our own.  LL just doesn't have the staff that would be necessary to police a world of millions and so they only use resources to act against the most serious TOS offenses.  If they were to hire enough staff to deal with everything, it would take an army which means that they'd have to get revenue from somewhere to fund that.  Tiers would probably be higher and maybe there would be no such thing as a free account.  In fact the cost of a premium membership would have to be much higher.

 

 

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omg spare me the legality , if am a paying customer and I getting spamed or griefed, its resonable to asume that LL do have a moral right to protect me from spammmers,griefers or trolls, I am not saying from the outset to every complainted, but if you have a griefer or troll chances are he being doint it to more than one, so say if they got three complaints or more from person then YES  it is  LL duty of care  why I am the paying customer were is my rights

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greek Wingtips wrote:

omg spare me the legality , if am a paying customer and I getting spamed or griefed, its resonable to asume that LL do have a moral right to protect me from spammmers,griefers or trolls, I am not saying from the outset to every complainted, but if you have a griefer or troll chances are he being doint it to more than one, so say if they got three complaints or more from person then YES  it is  LL duty of care  why I am the paying customer were is my rights

Whether LL has a duty to protect you from griefers is highly debatable. You do however, have three rights, all of which can be exercised toward a solution for your complaint:

You have the right to report abuse to LL using the AR process.

You have the right to pay NOTHING if you feel you are not getting what you pay for.

You have the right to go elsewhere.

I'm not trying to be snotty with that third option. It's true. Far as I know all of us are here because we want to be here. It's voluntary.

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greek Wingtips wrote:

omg spare me the legality , if am a paying customer and I getting spamed or griefed, its resonable to asume that LL do have a moral right to protect me from spammmers,griefers or trolls, I am not saying from the outset to every complainted, but if you have a griefer or troll chances are he being doint it to more than one, so say if they got three complaints or more from person then YES  it is  LL duty of care  why I am the paying customer were is my rights

First you want to claim a duty of care, which is a legality, then when it is shown you have waived your rights  you want to be spared the legality.  Sorry, but you can't have it both ways.

You may or may not be a paying customer, but if you are, you are paying for land, or a premium membership.  What you get for your money is clearly outlined and police protection is not on the list.

You do have three rights as Dillon pointed out, I'll add a fourth.  You have a right to handle it yourself using the tools you have been given.  Coming on the forum and ranting about what you feel is your moral right is pointless.  It is not going to change anything and chances are whoever is behind this is laughing because you are feeding their need for attention and getting a reaction out of you to cause drama. 

In your OP you asked about why the standard advice is given.  It is given because it is an effective way of handling it yourself.  Don't feed the Trolls and they eventually disappear. 

 

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It is my opinion, that LL does have duty of care, and that LL communicates that intent, in the following links, and passages:

 

http://secondlife.com/corporate/cs.php

Welcome to the Second Life world!

We hope you'll have a richly rewarding experience, filled with creativity, self expression and fun.

The goals of the Community Standards are simple: treat each other with respect and without harassment, adhere to local standards as indicated by simulator ratings, and refrain from any hate activity which slurs a real-world individual or real-world community. Behavioral Guidelines - The 'Big Six'

Within Second Life, we want to support Residents in shaping their specific experiences and making their own choices.

The Community Standards sets out six behaviors, the 'Big Six', that will result in suspension or, with repeated violations, expulsion from the Second Life Community.





http://secondlife.com/corporate/tos.php#tos11

11.4 We may suspend or terminate your Account(s) to protect the best interests of Second Life and the Second Life community or if we believe you pose an unacceptable risk to the Second Life community.


 

http://wiki.secondlife.com/wiki/Linden_Lab_Official:Community_Participation_Guidelines

We want to foster an honest and open exchange of ideas on our community pages; to do that, we want to encourage all participants to maintain an atmosphere of courtesy and respect for others at all times.

 

                                                                                                                                                                                                                        

 

Beyond Linden Lab's own expressed goals, the Corporation is bound under State, Federal, and International Law, to conduct themselves in a manner which complies with established policies, procedures, and protocols.

To the Private Investors, the Lab, and it's employees, are contractually bound, to act lawfully, and legally, in pursuit of the best interest of Second Life.

Any Resident, who repeatedly Violates any Second Life Term, Policy, Standard, or outside governing Law, will be Banned from SL.

 

 

 

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your right, if I choose walk and thousands did too and the money stopped pouring into LL how quick do think LL would do take   something  to be done about, spare me my rights, but if you belive that LL do not have a care of duty to anyone who has an account, then god forbid you never gt to exprance any of the ones mentioned and find no help , 

a purpose greifer ,troll on anyone who sole mission is to cause havoc in my eyes no diff to a virus and if we agree with that to a degreee then yes LL would have a right, I know its not the same(so please reply on that) but its pursose is and thats what we talking about here.

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