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Updated LL TOS Claims FULL RIGHTS to ALL CONTENT


Toysoldier Thor
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OK LETS MAKE THIS CONTENT CREATORS OPINION SURVEY FAR MORE EASY TO ACCES AND USE.  

I created a Survey Monkey survey.  It asks 6 questions around the topic of Section 2.3 of the Aug 15 TOS change so we can get a more full understanding on how the TOS Change is impacting the Content Creators.

You can only do the survey once.  You can also post the link to your sphere of fellow content creators / artists.  This is a FREE survey so there is a limit of how many responses we can register.

Here is the link:

 

http://www.surveymonkey.com/s/7DDP3Z5

 

I will post the result as soon as the survey is full or in the next several days.

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the easier way is to go to my store in-world(Alston (116, 45, 26)) and to look for "rcdsBlogVote:Do you want ll to change their TOS?". there are 3 big numbered boxes inside a hollow white box. each box is a option. just click on the one that shows your choice. than u can go to the website and check that your vote was recorded correctly. by using the voting station u won't become a member on my site. the other way is to go to my store in-world and get the green ball(PassXToken and the red box that are to the right of voting station. first u rez red box(MembershipToken) and click on it. by clicking on it u become a member on my site. u will be given a password that can be used to generate a passx which in turn is used to authenticate(everything on my site) any vote. if u rez the green ball and click on it u will be given a passx value that u can use to vote on line without having to use the voting station in-world. to check that your vote was recorded correctly, on the poll page scroll down to the votes section and click on "VIEW" link. do not change what is in "blog id" text field. inside the "user name" field you should enter "llsl:" followed by your sl user name. for example i would enter "llsl:Rex Cronon"

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You need to read my blog - LOL. Well, I don't do a lot of guy stuff really but now and then there are some great free things.

It's OK. We all look pretty basic over at That Other Place :matte-motes-kiss: .  Tell people you are making a non-fashion statement.


Yes, very helpful. TY. I would have missed the meeting. Passed along the post to some friends. Hope they have lots of room.

 

PS. Made a particle candle flame today. Only took me THREE HOURS. The Mesa is stylish now. And there are wine glasses. Soon, wine.

 

 

 

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Non fashion statement. lol He's actualy not that bad to me, I chose him cause he looks like a sort of victorian vampire. But I imagine he might look like a horrid, default, mutant, to more seasoned SL residents. Hopefully anyone who has read my messages by now, might have the idea that I'm a total clown, so they'll just think its normal for me. lol The candle flame thing. HaHa! 3 hours, niiiiiice. Be sure to add that to the marketplace description, and enable reviews! :smileyvery-happy:

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Toysoldier Thor wrote:

...

Link to Survey of Content Creators gathering their thoughts on the LL TOS ISSUE....

 

 

I will post the result as soon as the survey is full or in the next several days.

Well the survey is getting good number ot responses already for only being a couple hours old.  I have also Posted this link to the survey onto Twitter and in my circle of friends in SL's Facebook.

The early results are already very consistent.

Make sure all of you post this Survey link to your fellow creators / builders / artists / merchants.  If we can get ~ 200 responses, that would be great.

 

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--------------
--> Below is my petition/open letter to Linden Lab in regard to the TOS.
You have my full permission to revise, repost and re-use this however you wish.
For extra impact, please mail or fax it to Linden Lab's legal department:

By Mail:
Linden Lab Legal Department
945 Battery Street
San Francisco, CA 94111

By Fax:
Attn: Legal Department
415.243.9045

Thank you!
--------------


Dear Linden Lab,

We, the creators and citizens of Second Life, do respectfully request an immediate and permanent amendment to the Second Life Terms of Service, section 2.3.  It states currently:

"Except as otherwise described in any Additional Terms (such as a contest’s official rules) which will govern the submission of your User Content, you hereby grant to Linden Lab, and you agree to grant to Linden Lab, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), modify, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You agree that the license includes the right to copy, analyze and use any of your Content as Linden Lab may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service. The license granted in this Section 2.3 is referred to as the 'Service Content License.' "

The section of TOS quoted above begs the question: does Linden Lab actually have the right to re-use our creations freely? Specifically, can Linden Lab give or sell our original creations to others, whenever they wish and without informing us?  In effect, are our artistic creations actually ours, or do they belong to Linden Lab?

As virtual citizens, we do understand it is necessary to store and re-transmit our creations, in order to send data to other viewers. It is also necessary to examine and share data within Linden Lab, for technical support purposes. Such usage is fair and acceptable.  That, however, is where the TOS needs to stop.  It is not necessary--and is, in fact, grossly overreaching--to demand worldwide distribution rights, anywhere, in perpetuity.

As creators, we deeply value our artistic endeavors, both on and off the virtual grid.  We pour countless hours into the textures, scripts, mesh and prims that we shape.  As such, it is absolutely essential for us to protect our intellectual property.  The concerns are not just financial, but personal.  Furthermore, if our creations are indeed a fundamental part of Second Life--which Linden Lab has promoted as a "user created world"--why then should those creations not be protected?

To conclude, we hold that what we create in Second Life must remain ours.  It is an essential part of the creative process, and a keystone of international copyright.  If Linden Lab reuses our work, it must be with expressed permission--not a blanket clause--and fair compensation for each use.  Otherwise, what drive is there to create in Second Life?  We become nothing more than unpaid employees, freely creating material for Linden Lab to, quote, "exploit."  It is not right, and it is not fair.

As such, we hereby request that the TOS be amended immediately and permanently to reflect that we retain full Intellectual Property rights, that we in fact must be consulted, and fairly compensated, before our work can be re-used, sold, or distributed in any way other than normal, server-to-viewer activity.

Thank you.


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Dartagan Shepherd wrote:

 

@Rya: Replied to you because I was both a bit suprised and impressed by your stand particularly. Bravo, and count me as another who will not be contributing any content to a company that can't be bothered to specifiy what exactly they're going to do  with my content.

It has been before SL and will be long after: "Your metaverse, your imagination".

 

I'm on board with this. But not so much because of the risk to my content, but because it has taken away a very necessary tool for me. So yes, count me in on this one - 100% in the crowd here.

@Chic, I usually have the 'look on the bright side' view, and that's why Dartagan was surprised at my position.

in saying that I have to add - if it all come to an end tomorrow I will still feel much more appreciation for the journey than bitterness for how it ends.

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This concerns me as well. I think at the very least we should have clarification.  We pay to be in sl, we pay to upload our art.  The fact that we pay for this priviledge seems to me that that should protect our content.  LL needs to clarify what they mean and take our rights into consideration.

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It's rather ironic is'nt it ,all these years we had copy botters and worried about our content being copied/stolen by others and going to court to stop them,

Now LL turns out to be the worse copy botter of all, and we have no protection to stop it, due to their blackmail method to make us agree to their TOS or never have access to our creations.

I have been in SL since 2006 and in that time, like others i have seen LL do some silly stupid things, but this tops all,legalized theft is all it is, talk about biting the hand that feeds you.

I have been disallusioned with LL for so long now and as a company they have lost all creditability,

I am glad to see this snowballing to the point where LL is going to be brought down to their knees and change the TOS,count me in as another who will upload no creations unless they turn this around

 

 

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So I plunked myself down at TODAY'S MEETING early (day off normally) and will log in later.

 

Please note that it is SO NOT OBVIOUS how to get to the amphitheater. It is one of the teleporter doors over by the wall with the pictures for East, West etc galleries. A search for amphitheater got me nothing .   Edit: I put a note on the blog announcement letting them know it was hard for those not familar with the place to find and suggested a BIG sign !

So find the door marked AMPHI I think and go through. Actual URL if you need to fly is http://maps.secondlife.com/secondlife/Georgiana/158/186/1800

@Rya     Yep, a look at the good side gal here also. Today's Sunday Op Ed follows your theme very closely. Must be in the ether :D   http://chicatphilsplace.blogspot.com/2013/09/memories.html

See ya later.

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Phoebe Avro wrote:

the other boxes dont work unless you check one of the answeres

Ohh Sorry Phoebe!  I assumed on the survey that since I instructed the questions to be "ONLY ONE ANSWER" that if you selected "OTHER" it would be that answer and then the corresponding box for text would work.  Did you click the box called "other" and then type text into it?

I dont think I can change the survey now - since its active and has already registered a response.

The responses to the survey have been excellent so far.  In less than 12 hours we already have just under 50 responses.

In order for this survey to be more visible among all Merchant / Creators in this forum, I am going to create a new thread in the forum to just mention the survey and I will also post the results into that thread.

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Toysoldier Thor wrote:


Phoebe Avro wrote:

the other boxes dont work unless you check one of the answeres

Ohh Sorry Phoebe!  I assumed on the survey that since I instructed the questions to be "ONLY ONE ANSWER" that if you selected "OTHER" it would be that answer and then the corresponding box for text would work.  Did you click the box called "other" and then type text into it?

I dont think I can change the survey now - since its active and has already registered a response.

The responses to the survey have been excellent so far.  In less than 12 hours we already have just under 50 responses.

In order for this survey to be more visible among all Merchant / Creators in this forum, I am going to create a new thread in the forum to just mention the survey and I will also post the results into that thread.

There is no box to check for other answer.

I had myself to check another box (the more close to my case but still not satisfying) and then write my answer in the "other" bar. but the box checked is not the correct answer. The correct one is the one for "other"

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Followup to Phoebe.... I looked more closely.  I am at fault on the "OTHER".  I forgot to click a checkmark called "make other a choice".   DAMN!

And worse yet - I cant edit that option to enable it or else I will wipe out the entire survey - with all its 45 completed response.

The best way to use OTHER is to do what Trinity did....  Click the closest option and then in Comment.... start it as "OTHER - xx xx xx"

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I am posting an Emergency Meeting event that will be held today (sunday Sep 29) at 12 noon SLT regarding this issue.  Here is a copy of the inworld note and all those that are interested in this topic and meeting are invited....

 

*****  Beginning of Notice / Invite  ***

The Rose Theatre and Galleries has been an avid supporter of art in Second Life from it's very inception nearly seven years ago. We are deeply concerned about this volatile change in the Second Life Terms of Service, which is an utter break of trust between Linden Labs and all content creators.

Ernie Farstrider of EAST-WEST Galleries has offered up his Amphitheater to host a meeting of artists and all content creators to discuss this change, its effects and our consequent response.

Please don't think this doesn't affect you because you are a "small" creator. Not my choice of word, but rather some of the responses I've heard. With the loss of Renderocity and CGTextures as resources for textures, we may well be seeing just the beginning of a full-scale protest against Linden Labs for this unconscionable action. When creators and third-party materials providers stop permitting uploads to SL, don't think for a minute that you are not affected.

As new work can't be sold, tiers can't be paid. Galleries will close, Stores will close. It is a domino effect.

Imagine this. You are invited to display in a real life gallery. You're so incredibly excited and you hang your work on the walls and have your reception and the gallery owner turns to you and says, "Oh, by the way, I own all of your work now. I have full rights to it to do with as I please. It is mine."

How would you respond to that? This is precisely what Linden Labs has done.

Apathy can spell the end of this world as we know it. Come and be heard. Come and have a voice. Come and be a solution to the problem.

ALL content creators are encouraged to attend. Please forward this to your groups.

Kylie Addison Sabra, Curator
The Rose Theatre & Art Galleries
===========================

THE FOLLOWING FROM ERNIE FARSTRIDE

WHAT: Special -- "Emergency" -- Discussion Meeting

WHY: Second Life Terms of Service (ToS) Changes

WHERE: EAST~WEST Amphitheater

WHEN: Sunday, September 29, 2013 12:00 (noon) to 1:00 p.m.

WHO: Anyone who now or intends to hold and maintain, import, buy, or sell User Content in Second Life.

HOW: Principally by written chat.


PLEASE: Be prompt and take a seat in the Amphitheater quickly.


HOST: Ernie Farstrider, EAST~WEST~NORTH Galleries owner Gallerist

http://maps.secondlife.com/secondlife/Georgiana/128/202/28

(take the second door from the right labeled "Amphi")

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Rex Cronon wrote:

the easier way is to go to my store in-world(Alston (116, 45, 26)) and to look for "rcdsBlogVote:Do you want ll to change their TOS?". there are 3 big numbered boxes inside a hollow white box. each box is a option. just click on the one that shows your choice. than u can go to the website and check that your vote was recorded correctly. by using the voting station u won't become a member on my site. the other way is to go to my store in-world and get the green ball(PassXToken and the red box that are to the right of voting station. first u rez red box(MembershipToken) and click on it. by clicking on it u become a member on my site. u will be given a password that can be used to generate a passx which in turn is used to authenticate(everything on my site) any vote. if u rez the green ball and click on it u will be given a passx value that u can use to vote on line without having to use the voting station in-world. to check that your vote was recorded correctly, on the poll page scroll down to the votes section and click on "VIEW" link. do not change what is in "blog id" text field. inside the "user name" field you should enter "llsl:" followed by your sl user name. for example i would enter "llsl:Rex Cronon"

Thank you for sending the in world info to me as well. :)  I did go to your store, saw the three big numbered boxes, clicked on my choice and that is when I got the error in local chat that I indicated so it didn't appear that my voite was processed.  I will give it another try later today.

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Nice to read the preamble.

 

I was thinking as I read the note from The Rose Gallery (almost an institution it has been here so long) how puzzled I have been about sales. I am doing NOTHING in my shop these days. Have no ads on the Marketplace (never did) and do no advertising, no store blog etc. I am in a hunt that starts in a couple of days, but I had made the item for it very early and didn't want to back out.

Still, business is good -- better than it should be really. I chalked that up to the fact that so few folks still know what is going on with the TOS; I have absolutely NO data but my gut feeling is maybe around 20 percent KNOW. So for those folks, the world is just turning like it always has. More are hearing about the issue every day and that is a good thing.

But what if my sales don't reflect the unknowingness but the intent of folks to get things before they disappear? They could of course. Other content creators have left for friendlier climes or just quit altogether -- taking their products with them. I have no plans to do that, honestly; but it wouldn't take too much more to push me over the edge.


So while some of us have stopped shopping, others may be taking a completely different stance and grabbing while they can. An interesting thought.


Did your survey by the way. Had no need for "other" comments so it was fine.

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RiftRaven wrote:

Non fashion statement. lol He's actualy not that bad to me, I chose him cause he looks like a sort of victorian vampire. But I imagine he might look like a horrid, default, mutant, to more seasoned SL residents. Hopefully anyone who has read my messages by now, might have the idea that I'm a total clown, so they'll just think its normal for me. lol The candle flame thing. HaHa! 3 hours, niiiiiice. Be sure to add that to the marketplace description, and enable reviews! :smileyvery-happy:

LOL!  "Non-fashion statement" is the new black. ;)

Your post reminded me of being in a SL store last week and a "Glamazon" landed...actually more of a "Bimboazon" as (imo) she wasn't fashionably stylish but had the height slider to the max (there have been some heated debates the last month or so on General as to "realistic sized avatars" vs. what those of us who began in 2007 and likely earlier are used to; my avatar is taller than many of the current female avatars I see but I looked like a child av next to this chick), plus platform stiletto heels that increased her height another foot, stick thin legs, *and* the finishing touch - the stilettos were blinging six ways to Sunday.  I checked her profile and she was a new avatar.  The realistic size avatar proponents say that new SL residents don't max their sliders out...not sure that can be proven but I was wondering where she found the circa 2007-knock-your-eyes-out bling.  Of course she could be an alt of a retro-hoochie.

 

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nikita Jefferson wrote:

It's rather ironic is'nt it ,all these years we had copy botters and worried about our content being copied/stolen by others and going to court to stop them,

 

Excellent point!  I feel much as you on LL "the company."  As for my SL "life" - I would be very sad to see it all end but, like Rya, I will have wonderful memories to last my real life.  At this point I'm just relaxing and enjoying whatever I do in world.  My shop is so small and the products so basic that I doubt LL would want to sell them...lol...but I detest this change to the TOS and I stand in solidarity with content creators who have truly made SL what it is.

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