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The resident who provided the previous content, if any, has replaced it with this generic statement.


Qwalyphi Korpov
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full perm means: You can change it as you like.

full perm does NOT mean: You can do with it whatever you want.

For example: You can get a texture full perm, which means, you can download it to your computer, modify it, reupload it, reuse it as you like, but this does not imply that you can resell it (or its derivatives) or give it away for free, or reuse it in other einvironments. Except this was explicitly stated in the purchase notifications (the notecard you mentioned...)

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I sell full-perm sculpties with a similar terms of service notecard. If any customer objects to what is a very well-known practice in Second Life and raises that objection to me I would certainly return their money to them promptly, taking them at their word that they would delete my sculpties.

In four years, it has not been a problem. Some people have sold my sculpties as sculpties, but only a handful have done so maliciously. The majority have been new users who misunderstood the full-perm system.

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Most texture artists or sculpty creators that I am aware of display that information prominently on signs in their in-world shops and in text on their Marketplace pages.  It should be no surprise to a buyer to find that the message is also on a notecard to serve as an after-sale reminder.

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Your point is quite understandable, and places I have seen selling textures or sculpt maps generally make those terms quite evident before you purchase. On the other hand, the tutorial is really about real-life copyright. As far as I am aware (and I am not, of course, a lawyer) there is no requirement for a notice of any kind, either before or after purchase, for copyright to be enforceable. Denial of rights to make or distrubute copies is the default for any creative work, and an explicit license is required to grant those rights. The question, then, is whether setting the transfer permission flag on an object would be construed as granting those licenses under real-life copyright law. The fact that it makes transfer technically possible may not be relevant, for all I know (which is very little in this area).

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I have seen some places (animators mostly, IIRC) that require the buyer to explicitly acknowledge additional restrictive licensing terms before they can purchase full-perm items.  That makes the whole transaction more like a "shrink-wrap" license agreement.  (Not that those are to be emulated, but they're better than any other analogy that comes to mind.)

That's all in stark contrast to what you say is in that tutorial example.  To me, if an item is sold as full-perm without clear prior notice of license restrictions, and then such restrictions are stipulated later in a notecard, it would be fraud.  It still wouldn't give the buyer the right to use the product in violation of the more restrictive license, but it would be false advertising to such a degree that the seller would certainly owe a full refund of the purchase price (at least).  Good luck collecting, though.

 

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If the wording in the tutorial is as you say I agree with you Qwalyphi.  The restrictions have to be made clear to the buyer before purchase.  Other wise it is like buying a new car only to later find a note in the glove compartment saying the car can not be driven at night or faster than 45 miles per hour and if you broke either restriction you get a fine and have to return the car.

It would not be an enforceable restriction.  I am not a lawyer but I expect it would not hold up in court and the seller could be sued for misrepresenting the car.  Now whether or not LL would follow common sense is a whole nother matter.

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I take it you've never bought any software, then?

Most software has a terms of use agreement that you have to agree to in order to install and use the software. You don't get to read it on the outside of the box, or in the ad that you buy it from on line. And those terms absolutely HAVE been enforced in court.

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We need a way to be able to set the 3rd owners perms. That way you could sell items full perm for that person to use as they need in their build but if they gave/sold it to someone else it would be the restricted perms for that third person.

I thought they had talked about this a long long time ago as part of some business tools upgrade but I think it got lost in space.

I would definitely be more willing to make builders bits and bobs if I could do that.

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I have been long in doubt about this issue when I started selling full perms items.

I hope to make sure every costumer can read and understand the user license that comes with our products before they decide to buy. One wall in our in world shop is used to expose the terms of use in ten different languages. On the marketplace we also include the terms of use, and offer translations in all languages available on the marketplace.

Most of our products consists of two copyrighted parts: the sculpt maps and the psd files. The sculpts maps are included in the box that is sold. But the psd files cannot be delivered directly in SL,they are downloadable. Before the buyer can download the psd file that belong to the product, he has to agree with the terms of use, if he refuses to agree it is just not possible for him to download the file. 

I plan to do the same for the UVmaps that belong to mesh objects I'm going to sell with full perms. For the mesh objects themselves, I'm still in doubt if can use the same user license as for my sculpts.

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