ToS as Opposed to Community Standards with Privacy

[Villainous Serenity]

Excuse me if this is the wrong forum, however I am confused about something.  Located here http://secondlife.com/corporate/cs.php

Disclosure:

Residents are entitled to a reasonable level of privacy with regard to their Second Life experience. Sharing personal information about your fellow Residents without their consent -- including gender, religion, age, marital status, race, sexual preference, alternate account names, and real-world location beyond what is provided by them in their Resident profile -- is not allowed. Remotely monitoring conversations in Second Life, posting conversation logs, or sharing conversation logs without the participants' consent are all prohibited. 

 and here....

http://secondlife.com/corporate/privacy.php#privacy3

it reads:

Disclosing Personal Information in Profiles, Forums or within Second Life

You may choose to disclose personal information in our online forums, via your Second Life profile, directly to other users in chat or otherwise while using Second Life. Please be aware that such information is public information and you should not expect privacy or confidentiality of this information.

 

Do they both mean, in a sense that any recorded IM chat that is made public is against both ToS and Commuity Standards? I often see this in peoples profiles:

 

DISCLAIMER.......

Chat/IMs will be recorded & shared at my discretion.
Stating this, releases me from liability per SL TOS.

TO AVOID THIS THEN DONT PUT ANYTHING IN MY BOX THAT U DONT WANT SHARED....

 

and was wondering about all of this.

 

Thank you.

[Void Singer]

part A applies to to behavior on LL controlled assets (like SL and the forums, part b applies to the world in general, and part c of you post applies to nothing at all, sisnce you cannot disclaim responsibility to obtain consent

[Villainous Serenity]

So in world, anyone can use my personal IM's logs, not Local, and share them with whom they please?

[Ceera Murakami]

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Villainous Serenity wrote:

So in world, anyone can use my personal IM's logs, not Local, and share them with whom they please?

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No. Precisely the opposite. Void stated that "disclamer" is invalid and unenforcable.

No one can claim that they are exempt from requiring your consent to post any personal information or chatlogs regarding you. They can't make a statement in their profile or anywhere else that they are exempt from the TOS or Community Standards. That first part explicitly protects chatlogs, and requires consent to share them with anyone else.

The second part is primarily stating that if you choose to disclose information in a publicly-readable place, like these forums, or the solution provider's directory, or other web resources, outside of a normal conversation in-world, that the information is public. They have to say that so they can keep the forums open, or else they would be in violation of their own rules for hosting the forums, if anyone disclosed their own personal info there.

The "disclaimer" in someone's profile has no more validity than me posting in my profile that "By reading my profile or speaking to me in-world you agree to send me $100 USD.". Only a fool would send the money, right? There's no valid reason why you should. A disclaimer in someone's profile can't void any rights you have here. Period.

[Sy Beck]

It will not stop them copying and posting your IM conversations on other non-LL owned websites/blogs/forums etc.

[Marigold Devin]

People who have such a disclaimer in their profiles are flouting the ToS, if they do choose to share a private IM with a third party. Generally, I would steer clear of this type of person (personal choice). However, even though it is against ToS, if you do find someone has disclosed private information you confided to them in an IM, submitting an abuse report to LL would only result in the discloser receiving a warning, or maybe a one day suspension.

Just be careful who you trust with personal details. A secret is only a secret while it's kept as a secret.

[wiked Anton]

i think these disclaimers are a warning. there are a lot of bad people that will abuse you and say threatening things to you in IM, so some that have been burned before put this in to warn the bad people that they will use their convo as evidence against them. i do not see the harm in this if it is only disclosed to LL for AR purposes, after all this is how the courts in RL work too .....isnt it?

[Sy Beck]

LL can access an IM log of anybody,  just tell them who you spoke to and approximate time (to be helpful)  in an AR.  No need to collect your own evidence it's already stored.

[Dagmar Heideman]

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wiked Anton wrote:

i think these disclaimers are a warning...

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No you're giving stupid people far too much credit.  They're just not very bright and think that they can circumvent ToS by placing idiotic and ineffectual disclaimers in their profile.  They're not doing it so they can report people doing bad things.  As Sy pointed out LL has access to everything so your not publishing or disclosing anything by referring them to chat logs in an abuse report.  It's far more likely they are the people doing bad things which is why any fool that puts something like that in their profile generally gets blocked and derendered by me and ejected and banned if they show up on my land.

[Void Singer]

part B confuses most people... it means that LL recognizes that outside of it's service it has no control, and effectively, neither do you... if someone copies something and places it outside of SL, and LL controlled websources, LL can't and won't do anything about that.