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Toysoldier Thor

Warning Artists in SL: LL's New TOS Hi-Jacks Your IP

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In a discussion with a fellow gallery owner yesterday, he used the phrase, 'personal integrity'.

It seems that in today's word many are giving that up in favour of speculating on 'how much harm could this really do?' "Others will probably do the same, so we might as well accept it." "I don't think LL wants to steal our content, and anyway how much could it possibly be worth to them?" "I have too much invested here to leave, so I will just accept it and live with it.", "Other TOS are just as bad." "I've tried other virtual worlds. They are not as nice as SL and I don't want to move to them, so I'm staying."  

There is the matter of 'personal integrity' and I would ask each person who thinks along the lines of the statements I listed above to consider how their personal integrity fits into that picture and that attitude.

I am astonished that so few artists and gallery owners have considered the very deep and significant matter of what is right and wrong here, and of the need to draw a line in the sand and say NO to people and entities who try to impose their bullying corporate will upon those 'smaller' than themselves, hoping to sweep up the 'underlings' into whatever their plans might be. 

I, for one, have seen what bullying does to people. I will not give away the rights to my future creations that LL has decided I must give them if I want to create and exhibit my work in the world that has been my home for nearly 6 years.

I am one of MANY disabled and bedbound artists and creators for whom SL has been our community, our social outlet, our creative passion and our world after our RL spheres of movement and influence have shrunk. SL has kept people in such situations from committing suicide. At least 5 or 6 have told this to me privately. A few more have said it publicly. 

Nevertheless, I have taken stock of the situation and come to the conclusion that although it is a very great loss, I am prepared to leave SL with my art gallery, my guest artist gallery (in which I have felt pride and joy to invite my fellow artists to exhibit, and like Armany, can no longer do so in good conscience except to show their old works.) and all that I have done to create an avatar as I wanted to represent myself, a home, etc. Leaving will cause great grief to me as I know it has to other long-time residents.

I will wait to see the outcome of attempts to discuss the TOS with LL. I will keep the gallery open and post the notices about this TOS change prominently at the front of my galleries. I will continue to exhibit my older art in SL. But I do so with a sense of sadness and loss. I cannot feel happy and proud to be in this world anymore. The sense of betrayal is very strong. We made a Second Life here because of our trust in the owners and their intentions. Our trust has been broken.

I will not upload any new content. I have already told the two gifted artists I had invited to open SL accounts and exhibit in my gallery, that doing so now would compromise their IP rights, and that I think it best for them to wait.

I have begun to establish a presence in another virtual world, where I will move my gallery and home if LL chooses not to respond with decency to our protests and requests.

What is past remains past. LL now wishes to take rights to all we brought into this world in a retroactive way as well as a perpetual way. We did not agree to let them take those liberties when we uploaded and built content here, and now it seems that because our content is in the servers and we have logged in since the TOS changed, we have consented to give them rights to it.. I will not give them rights to take and profit from my future work. It doesn't matter why, how, or whether they meant the TOS to read as it does. This is a choice we need to make. I do not live my life by default, allowing others to push me into things I would not choose.

I will join others in working for a change. But I am already grieving the loss of faith. No matter what LL does, that will remain painful to remember. With several hundred people on my SL friends list I can't help thinking of the conversations I have had with each, the ways in which they have enriched my life with their words, their kindness and their creativity. I just want to thank all who are passionate about this world and who are passionate about what is happening here.

 

 

 

 

 

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I have a very limited knowledge of IP rights but I seem to remember there were 2 kinds: commercial and moral. As much as LL would like it, I did NOT give LL all the rights to my creations. I only gave the commercial rights. Even if I can't earn a single cent from my work because the commercial rights belong to LL now, I STILL

  • Have the right to be cited and quoted as the creator or all my work.
  • Have the right to object and stop LL from using my work for purposes that go against my religion, my morals or even my creative vision.
  • To stop LL from mutilating my work.

So basically part of the new TOS is akin to a side product of bovine farming.

 

My creative contribution to SL has been basic building using prims and bought textures, RL photography and some textures made from RL pictures. However I will not upload any of my creations until the terms of service change. My heart goes out to all of the creators who depend on SL for part or all of their income.

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IMPORTANT NEWS - from LL regarding the TOS Issue...

After months of Silence.... LL has finally responded to the concerns that have flooded them....

Here is a link to the response from Peter Gray of LL on the TOS Issue... it was posted in the Merchant Thread...

 

http://community.secondlife.com/t5/Merchants/PeterGray-LL-Responds-to-UCCSL-RE-LL-TOS-Concerns/m-p/2286363#U2286363

 

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Toysoldier Thor wrote:

IMPORTANT NEWS - from LL regarding the TOS Issue...

After months of Silence.... LL has finally responded to the concerns that have flooded them....

Here is a link to the response from Peter Gray of LL on the TOS Issue... it was posted in the Merchant Thread...

 

 

Allegedly.

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So what you are saying is that I should immediately start ripping off others, and if Linden should try to use such in a larger marketing scheme outside of SL, they would be sued for copyright infringement- is this correct?

 

farrah-fawcett-vs.-lee-majors-skateboarding.jpg

So who wants some T-shirts with Farrah Fawcett skateboarding on them? I know I do!

Thanks for the FYI, I didn't manage to catch all that when I signed up apparently, and being a photographer in RL glad that I was browsing through here.

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FurryNinjaKitten wrote:

So what you are saying is that I should immediately start ripping off others, and if Linden should try to use such in a larger marketing scheme outside of SL, they would be sued for copyright infringement- is this correct?
...


First of all I didn't say that - you did.  :)

Secondly, why would you waste your time "immediately start ripping off others" when countless others have done this for you arleady? A good percentage of content in the current SL Marketplace and what is sold inworld is either direct unauthorized rips (textures 3d models) from the internet or copybotted content from others.  So don't waste your time - already being done.

As for being sued for infringements.... its happening now and how much of this unauthorized content is causing LL to be sued for promoting and providing distribution of copyright infringed content?

Regardless, this argument doesn't related to what the burning issues about the TOS is all about.  The argument is not about the illegal content on the SL grid and MP, its is about LL's highjacking of the rights of the IP holder for content that the holder has brought onto the SL grid.

I don't care what LL, Peter Grey, or even Ebbe publically try to assure all of us on THEIR INTENT for needing all these unrestricted rights to our content... the intent needs to be backed up with legal wording in the TOS.  Verbal intent carries no weight in the future if / when LL decided to use our content in a manner we do not wish to or not fairly compensated for.

 

 

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