Daria.Afterthought wrote:
Wrong. And people click "I agree" by engaging in the IM and "I disagree" by not engaging. Ignorant consent = Passive consent.
The US way of defining consent does not mean everyone elses. Seeing as Linden Labs, as a company, has to abide by US law does not mean that their definition of consent has to extend to all those supported by the real world system. Because so long as they, as a company, abide by the laws they can do what they want with their ToS and their game. Thus what they count as consent may or may not include "passive consent" despite how much you want to argue that US law supports it.
If Linden Labs, and their ToS; which you agreed to, chooses to exclude "passive consent" as a valid form of consent then such is the way things will work in world and when dealing with Linden Labs property including these forums. If such is the case then disclaimers in ones Profile or other listing spots may or may protect one from violating Linden Labs ToS by their actions in accordance with their disclaimer.
Linden Labs writes the rules, much as the US government; along with each government around the world, writes theirs. It is not up to the individual citizen to choose which to abide by simply because they warn others of their otherwise illegal behavior. As I stated it's not like I can get away with copybotting, or harassment, or shooting someone just because I place a disclaimer somewhere. My actions still breach law/ToS of the reigning ruler (government/Linden Labs) and I don't see how a sign on my lawn or in my profile would get me out of court scotch free from shooting, or otherwise assaulting, someone who steps onto my lawn having read; or ignored, the sign I posted.
If such was the case anyone who wishes to steal, kill or any such sundry law breaking actions simply has to state their intentions before hand and those people who don't run away screaming clicked "I agree" and suddenly it becomes legal. Much the same virtually, if I walk into a store and state to everyone around me and the store owner that I am now going to steal everything around me and if he doesn't eject/ban me in the time it takes me to copy things then that's his consent and Linden Labs can't do a thing to me for the theft I so boldly committed.
Anyone can see that that's a load of bullshit and would never fly in any court or hearing, be it with a real government or Linden Labs (or other companies that use ToSs). You don't get to break the rules just because you tell people you're going to break them. Rules are rules, follow them or be punished for breaking them.