Does Defamation of Character still violate the TOS?

[Laz Dresler]

Last year we bought a existing business and the sim associated with it. A few weeks later we found that the previous owner was labeled a racist  unwarrantedly because someone was asked to please put on clothing.  According to the TOS this is not an acceptable action. We have written several ARs to LL about the group but no one as done anything about it or looked into it. No one in our group is "racist"  but it is effecting us  in general. Makes a friendly group of individuals look bad. How do we get some type of help stopping this behavior toward us and  the people who come to our place for fun? 

To those posting to this question... nothing is important to you maybe until it happens directly to you. It's happening to us, and if it was happening to you we would care and feel bad, not mock you for poor spelling or make jokes. We didn't even own the place when it started. 

Edited August 9, 2017 by Laz Dresler
poor spelling

[Lindal Kidd]

Alright, you crazies.  Poor Laz is probably scratching his head.

Laz, in order:

1. It's "defamation" of character, not deformation.  The word is derived from the verb "to defame", meaning to damage the good reputation of (someone); slander or libel.
2. "Deformation" of course, is derived from the verb "to deform", meaning to distort.  If your avatar is affected by a deformer, it gets all stretched and twisted up.
3.  Linden Lab investigates all Abuse Reports.  However, they will never tell you anything beyond sending you an email telling you they received the report.  This is done to protect the privacy of everyone, even awful bad nasty people.  So it may seem that "nothing was done."
4. Linden Lab does not get involved in disputes between residents.  Arguments, innuendo, name calling, or even defamatory remarks often do not rise to the level of a Terms of Service violation.  If LL determines that your dispute is of this type, they will take no further action.
5. Your best course of action is to mute and ban anyone who, in your opinion, is annoying you.  Kick them out of your group, too.  If you find people are creating alts just to join the group and spread dissension, you may want to make the group "by invitation only", at least for a while.
6. Do not respond to taunts, lies, or provocations.  Simply mute, ban, and carry on.

[LittleMe Jewell]

Even though the TOS mentions it, defamation is an iffy area that is difficult to prove.  Assuming SL followed the RL US law on this -- which they likely won't and don't have -- you have to PROVE that the statement is false and that some sort of damage actually occured.  I'm thinking you'll be hard pressed to fully prove both of those items.  Your opinion that the other person is not racist is really no different than someone else's opinion that the person is racist. 

[Rolig Loon]

10 minutes ago, Madelaine McMasters said:

In addition, defamation of character applies to people, not their avatars. If Snugs eventually manages to expose me for the charlatan that I am, no court would come to my aid.

Unless Snugs actually deformed your character, of course. Deformation of character is probably enough to send Snugs to the inner circle of Alt hell.

[angeoco]

Linden Lab won't do anything about it; it's a dispute between residents. And only the previous owner was affected, right? We all get called names now and then by trolls just trying to get a reaction. Best thing to do is forget about it, and of course quickly ban any offenders in the future.

[Madelaine McMasters]

3 minutes ago, LittleMe Jewell said:

Even though the TOS mentions it, defamation is an iffy area that is difficult to prove.  Assuming SL followed the RL US law on this -- which they likely won't and don't have -- you have to PROVE that the statement is false and that some sort of damage actually occured.  I'm thinking you'll be hard pressed to fully prove both of those items.  Your opinion that the other person is not racist is really no different than someone else's opinion that the person is racist. 

In addition, defamation of character applies to people, not their avatars. If Snugs eventually manages to expose me for the charlatan that I am, no court would come to my aid.

[Lillith Hapmouche]

41 minutes ago, Rolig Loon said:

Unless Snugs actually deformed your character, of course ...

Thanks, I feared I'd be the only one seriously wondering when or even why a deformed avatar shape ever was a bannable act. 

[LittleMe Jewell]

22 minutes ago, pennytrated said:

 If you have ever had your ID stolen its like rape, it hits the very core of who you are at the most intimate level.

 

I was actually chuckling at this post until I got down to here and then I fumed.

Have you ever been raped?  If not, then do not even try to think that you know what it is like.  You are disrespecting every rape survivor by making such a comparison.

 

[Lindal Kidd]

Penny, pardon me, but my reply was aimed at a situation that was far different from your much more extensive and convoluted ongoing cyberdrama.

I feel as if you've used this old thread, and my response, as a springboard to once again air your (no doubt justified) grievances.  But this forum isn't going to help solve problems that have gone far beyond Second Life.  As your post clearly shows, you have done your research and know how to contact the proper law enforcement agencies.  Carry on, and good luck.

[pennytrated]

On ‎8‎/‎8‎/‎2017 at 9:50 PM, Lindal Kidd said:

Alright, you crazies.  Poor Laz is probably scratching his head.

Laz, in order:

1. It's "defamation" of character, not deformation.  The word is derived from the verb "to defame", meaning to damage the good reputation of (someone); slander or libel.
2. "Deformation" of course, is derived from the verb "to deform", meaning to distort.  If your avatar is affected by a deformer, it gets all stretched and twisted up.
3.  Linden Lab investigates all Abuse Reports.  However, they will never tell you anything beyond sending you an email telling you they received the report.  This is done to protect the privacy of everyone, even awful bad nasty people.  So it may seem that "nothing was done."
4. Linden Lab does not get involved in disputes between residents.  Arguments, innuendo, name calling, or even defamatory remarks often do not rise to the level of a Terms of Service violation.  If LL determines that your dispute is of this type, they will take no further action.
5. Your best course of action is to mute and ban anyone who, in your opinion, is annoying you.  Kick them out of your group, too.  If you find people are creating alts just to join the group and spread dissension, you may want to make the group "by invitation only", at least for a while.
6. Do not respond to taunts, lies, or provocations.  Simply mute, ban, and carry on.

Hi Lindal,

There have been some very good legal papers written specifically referring to Linden Labs and its growing legal issues not as the one who is doing the defamation, libel, slander and gas lighting.  However they are beginning to look at them as facilitators of illegal acts.  As Cyber liability grows more legal issues arise.   In re-reviewing the TOS 6.1,(iv) (iv) Post, display, or transmit Content (including any communication(s) with employees of Linden Lab) that is harmful, threatening or harassing, defamatory, libelous, false, inaccurate, misleading, or invades another person's privacy.   

In reviewing more of the TOS 6.2 is also a crime.  Now so more than ever.  Thanks to someone in world that took it upon herself to take an altered notecard and passed it to 30 people.  (Use Gyazo please), this person was "helping" who she thought I was giving a hard time.  What she didn't know is I was a victim of one man who every time I blocked a account, he would create a new one.  So far he has opened and closed as far as I can count 36 or so.  What scares me is some of these accounts are as old as 6-8 years.  

However it went in to "real world".  They got my Facebook information and stole my ID to commit fraud.  One of them had not only griefed my sim, killing animals for a children's zoo, but they added a little something.  A virus, one that anytime you plugged into the ethernet (COM Surrogate) it gives the computer a virus.  4 computers destroyed.  They also used Facebook to create 8 or 9 fake accounts, and the worst thing.  They send a text message to a friends mother using my name.  

TOS or Code of Conduct makes no difference, they can "disclaim" all they want, it is a Federal Offense to violate your privacy, on or off the net.  .  Searching the web the legal papers using LL as an example is sad.  FTC has numerous complaints regarding Privacy, Identity and Online Security.  Not to mention the growing Cyberstalking, Cyberharassment, Defamation, Libel, Slander, and hacking of computers.  Those fall under the FBI- you can file a IC3 but make sure that's what you want to do.  Once its filed it can't be retracted.    One blessing, in the TOS it advises it jurisdiction is in California, love those celebrities.  California is the toughest state in the US against these types of offenses.  The last information I found 

Is cyber harassment a federal crime?

Cyberstalking is a criminal offense under American anti-stalking, slander, and harassment laws. A conviction can result in a restraining order, probation, or criminal penalties against the assailant, including jail. Cyberstalking specifically has been addressed in recent U.S. federal law.

 https://oag.ca.gov/sites/all/files/agweb/pdfs/ce/cyber-exploitation-law-enforcement-faqs.pdf

 

There is more legislation in the works as the net grows.  Now....how do I know this.  I've been the victim of Cyberstalking, Cyberharassment, unauthorized release of personal information, ID theft used to commit a crime...the list goes on.  

 

Keep everything.  I use Gyazo to take shots of any notecards I get.  Linden Labs can continue to bury thier heads in the sand.  When FTC, FBI or Department of Justice goes to kick them in the butt...they have easier access. 

 

***** luck and ffs..don't sit on your bottom and do something about this.  If you have ever had your ID stolen its like rape, it hits the very core of who you are at the most intimate level.

 

 

Penny