TOS - should I worry about it?

[Syle Devin]

Some people may be annoyed with this thread as I know there was a large thread in the past about the terms of service changes. Specifically the changes that give Linden Labs all permissions to our creations. I was just wondering if that is something to be worried about to stop uploading stuff to SL? I never got into the whole thing back when everyone else was discussing it. I didn't think much of the changes because I wasn't uploading stuff at the time.

This section kind of gives me confidence that they want full permissions not to resell our content but to protect it. Is that true?

 

End of Section 2.3

Linden Lab has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at Linden Lab’s cost and expense, to which you hereby consent and irrevocably appoint Linden Lab as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

[Perrie Juran]

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Syle Devin wrote:

Some people may be annoyed with this thread as I know there was a large thread in the past about the terms of service changes. Specifically the changes that give Linden Labs all permissions to our creations. I was just wondering if that is something to be worried about to stop uploading stuff to SL? I never got into the whole thing back when everyone else was discussing it. I didn't think much of the changes because I wasn't uploading stuff at the time.

This section kind of gives me confidence that they want full permissions not to resell our content but to protect it. Is that true?

 

End of Section 2.3

Linden Lab has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at Linden Lab’s cost and expense, to which you hereby consent and irrevocably appoint Linden Lab as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

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Key phrase:

"but you grant us the right to protect and enforce our rights"

Not your rights but their rights

[Marcus Hancroft]

When it comes right down to it, Syle, I see only two choices when it comes to this TOS.  Either accept them and go on enjoying SL like we've done for years...or close down your store, delete your inventory, and close your account.  

Linden Lab isn't going to change the TOS back to what it was in the past.  That part is over and done with.  

The group that was started not long after the new terms went into effect, the UCCSL, has proven to be a farce and ineffectual getting anything done.  

So, the choices again:  Stay and enjoy, or  Go.  

I choose to stay.

[Amethyst Jetaime]

It really depends,  If you are ok with LL taking your creations and selling them for any amount they want to without crediting you or giving you a dime, or even letting you know they are doing it, then you have no worries.  Because this is what the TOS allows them to do. 

LL's legal spokesperson has stated they want to sell SL creations to developers that use Desura, the video game development platform they own.  So if you create high quality mesh or textures you probably will be a prime target if they decide to go through with this.  Personally I don't think it would hold up in a court of law for many reasons,  But until they do this and someone sues we just don't know.

Personally I still build but I don't import things into SL anymore that might be useful to Desura developers.  I buy mesh models if I need them, since they already exist in SL and I only bring in textures that are useful for specific things, not for general use. 

Some creators are just carrying on as normal.

Some have closed up shop and have left SL.

Others have closed up shop but stayed in SL because of the social life here.

I'm hoping once Ebbe our new CEO after settling into his new job,  takes a long hard look at the TOS and makes some changes.  If they want to act as an AGENT and sell things we create that's ok, as long as we have a say in what is sold and how much we get from it.  But the TOS must say this for me to be comfortable with bring in new creations.

 

[Drongle McMahon]

"If you are ok with LL taking your creations and selling them for any amount they want to without crediting you or giving you a dime, or even letting you know they are doing it, then you have no worries."

...then you have no worries, as long as everything you upload is either entirely your own or in the public domain (e.g. CC0 license). Otherwise, uploading it is claiming you have the right to grant LL the all-encompassing license they demand, which in general you do not for third-party sourced content (textures etc), even if it is free.

Personally, I have stopped uploading anything other than test objects. I do not intend to be paying somebody large amounts of money for the privilege of having them appropriate my creative efforts unilaterally, arbitrarily, and without compensation or acknowledgement, meagre though those efforts may be. Since building was my main interest, my enjoyment of second life is severly compromised.

As for authorising bthem to take legal actions in my name....:matte-motes-evil:

(This is not legal advice and may be inaccurate. Consult a professional legal advisor for interpretation of the ToS.)

[Paul Hexem]

I'm not worried about it, personally.

I'd actually enjoy if they turned around and used my creations. If they use them for non-profit, it's great advertising for me. If they use them for profit, it's a great lawsuit for me. Either way, I win.

[Luna Barak]

If I were a high level mesh or texture creator I would take off from SL my creations too. It is like if you are a photographer and publish your photographs in your own website and the hosting provider state that those photographs are now theirs... So, yes, definitely something to worry about if your creations are your original work