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Tos Help please


Winter Starlight
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I'm no lawyer, so take what I say with a grain of salt.  Licenses apply to Real Life legal entities, not SL accounts or avatars,  For the sake of discussion, let's assume that you have an enforceable contract with the buyer.  In that case you do, indeed, have recourse if he violates it---you can file suit in a RL court.  Is that really practical?  Can you prove enough damage to make it worth the trouble and expense?

In addition, how are you going to learn about a transfer in violation of your license, let alone prove it?  How many people would be willing to testify or to give a deposition to help you in your lawsuit? 

So, even though you might theoretically have recourse, it seems to me that it is likely of no practical value.

One problem with a lot of the restrictive licenses that I have seen in SL is that they are included in a box with the items to which they pertain, and they buyer is not notified of the terms before the purchase, making them completely invalid.  You have to put people on notice before they pay and to be able to prove you did that for the license to be enforceable.

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Amethyst Jetaime wrote:

You have to tell them your TOS before they purchase and its a good idea to put in the folder or box you wil be selling.  If they violate your TOS you can file a DMCA against anyone that violates it.

This is far above my non-lawyerly head, but I do question if the conduct the OP describes is a copyright infringement instead of a breach of a contract, and if it is covered by copyright law and, therefore, by DMCA.  Assuming it is copyright infringement, it seems to me that there would be some problems with the DMCA process.  First, all the infringer has to do is file a counter-notification, and the OP is left with one way to pursue the matter---file a lawsuit.  Also, it seems to me that the original copy he sold is not an infringing copy, since the owner is within his contractual rights to possess it.  The infringing copies would be the ones that were resold.  How can he find them?  The only way I can think of is to file a lawsuit and subpoena transaction records from LL;  I'm pretty sure they wouldn't give them to him just for the asking.  The page to which you linked says that when filing a DMCA notification, one must "Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own)." and "Identify the in-world item that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item in-world. For example 'The allegedly infringing work I am referring to is located on the map area labeled 'Freelon, 104,30,56','" so he would have to know.  From the page it was unclear to me what LL expects if the allegedly-infringing material is in inventory instead of being rezzed.

Just my $0.02.

 

 

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