Chelsea Malibu

Yes, you are correct as I had said when the content is widespread across the system. As such, my assertion that any content uploaded prior to the change will more than likely be found exempt if it were to be questioned in court or with an arbitrator. That being said, until that time comes, we wont know nor do we know what defense Linden Labs will use though my point was, they "could" try to use this defense.

Yes, this will be one of those areas that I am sure will be debated and I can only go by case presidence and contract law in how this might be decided in the event of litigation. The TOS says anything loaded into their servers and displayed/performed to the public but I would find it very difficult to believe that any court (or 3rd party arbitrator) would allow this retroactively. If I were to litigate a case like this, I would contest only content loaded after the change would be affected since you had no idea that this change would take affect before you loaded content before that date. However, their fallback position is that you can delete these works or not perform them from this point forward. This might be difficult with content that is already wide spread throughout the system but there might be a system in place to do this such as blacklisting content.

I am afraid we will be seeing a lot of this. LL did something very short sighted and overreaching. This is what I predicted on my first post regarding the new TOS in how it effects "third party" rights. This is just the beginning of this mess they created with what in my opinion, is a very poorly crafted TOS. Time will tell but we can only continue to put pressure on LL, not upload new content and hope that they will change. If not, we have other worlds we can go to.

I have been getting numerous questions about content piracy and the new TOS in world so to save time and allow room for additional comments, I felt it would be beneficial to post my "opinion" here. (Note: please realize that this is not to be construed as legal advice but merely my legal opinion on the issue of the new TOS and how it could affect you.) As many of you know, content piracy and protection is my area of expertise so, I hope I can assist with a little information, though it may not be what you want to hear. There are two parts to the TOS which affect your rights as a copyright holder that will now affect how you can protect your content or even if you can as the ability is to do so is were the most confusion exist. The first part is in the new exploitable and limitless rights you now give Linden Labs with your content. When you upload content into SL, though you do retain your rights to that content, you also give Linden Labs fully exploitable and limitless rights to your content. In other words, they have the same rights to your content that you do even down to being able to give those rights to others. Yes, its sucks and yes, in my opinion it is far over reaching and needs to be changed but for now, it is what it is and its a contract that you agreed to from that date forward. What this means is that its not just your content, but theirs to protect. This is where it gets tricky and yet to be determined as to how it will play out is in the enforcement of these rights. Historically, LL has tried to avoid enforcing rights and when they finally decided to police this area, I am sure it became a logistical mess. I have seen a lot of frivolous charges by creators against creators which I am sure, was not easy on resources for Linden Labs. I truly believe that a large part of the decision to write a TOS like this was in fact to reduce conflicts by positioning themselves as owners of the content themselves. Another part of the new TOS which personally, I am very uncomfortable with, limits what you can do in the enforcement of rights. It states that only Linden Labs can enforce your rights, not you and that you give them the full authority to do so. This means in short, that you cannot go after anyone for piracy, only they can. Since they too own the rights to your content, they would be the ones who need to make the decision to enforce those rights with regards to Second Life. Please keep in mind too that this ONLY relates to content that you uploaded within SL that is accessible to the public. If you choose to delete all copies of the works including from your inventory or if you keep it on a private island that is not accessible to the public, it is exempt from most of these provisions. So the questions remain, will they enforce copyrights for the creator of that content? What will be their policy to protect your revenues and your content? As for those of you selling full permission content, this appears to negate your agreements to your buyers as I see no method of enforcement that will work at present. If another lawyer does, please feel free to post it in this thread. Though you can make and state any agreement between you and your customers, in the end it will be up to Linden Labs to validate it and enforce it. I see no reason why they would enforce your agreements since they also state in the TOS that this is between you and the person you did business with. Meaning, it now becomes little more than a hand shake but this has always been the case. So in the end, what do we do? Options have been posted here that all depend on your needs and wishes as to which to take. As for any digital good, I suggest precautions to protect them from piracy such as copy bot devices, server side delivery and visible water marks that render display products worthless. As for addressing the new TOS, we need to let Linden Labs that we believe they have overreached their authority and that we as creators find it as unacceptable as we in the legal community also find this needs to be changed. [edited for spelling errors]

Haven't logged into the forums in a while but thought I would to see the chatter. Actually, the premise that they don't have any "intention" to sell your content is irrelevant as they still have the right to do so. Having no intention at this time does not mean they wont or can't in the future. This is much like the US Federal Government saying, "we wont violate normal peoples rights with the Patriot Act" and now we see that they have and do. In essence, what they are saying is that they have no need to enforce copyright anymore but this presents a sticky issue as the TOS would not be able to cover any content created prior to the new TOS. That is simply a point of law and as many of you know, this is what I do. Regardless of what the TOS says, there are still laws that it cannot circumvent. One being third party "exploitable" rights. In this case, if I were to have the rights to use a brand that I am promoting in SL.Say it was Pontiac and I then use this to build a corporate region. LL would have a very hard time if they were to use this brand without the permission of the brand owner and the 3rd party rights holder would not have the right to extend these rights. I would love to litigate one of these when they come up and I assume some day it will but more over, I see this as being a very slippery slope particularly in the area of grandfathered content loaded into the system prior to this attempt at removing any copyright liability. In the end, this is a "washing their hands move" and little more. Time will tell but as for me, I am no longer creating anything new in this system as long as this TOS is in place. I would advice anyone concerned about their IP rights to do the same.

^^ Ditto

That may be true in RL however, all digital products in SL share the same database. It's far from impossible. Creating knock offs in one thing as it is in SL however, this would be more like robbing a warehouse and selling those goods. A copybot is most definitely not a knock off.

This is not a new idea as we have been complaining about the rating system for years. It's a ridicules idea that rarely has merit and there are many ways it can be corrected or it jus needs to go away. To start, there should be no anonymous ratings and everyone should have a tracking report to show how they rates merchants. This way if someone consistently down rates a specific merchant, that will be noted and we can tell if someone is sabotaging us. The second reason for that is to see if this person constantly gives bad ratings. However, I would just like to see if go away.

I'm sorta late to this post but you really can't compare week to week with any sales system, you need to compare that week with the same week a year ago. Online sales for everything across the board decline significantly during the summer which is often called the Summer Slump. I've seen it every year for 6 years now. Also considering that SL is on a decline and attrition rates are increasing, my assumption is that last year will show better than this year and this year will be better than next. Face it, SL sales are not going to ever be what they used to be even with the new mesh builders and such as they too will probably see a decrease next year of this year. It will never be what it used to be.

It depends on the land and the liability to group in most mainland regions and a simple call can often help on the private regions. I have had to pay for someone's tier before and I just called and worked it out with billing. It can be done and even easier if it's group liable land.

Don't get me started on the MP review system....lol :smileymad:

I'm thinking that the self proclaimed King of Kink will have a few bucks laying around the castle so my suggestion is to break out the royal jewels and get a good skin as well as the appropriate body parts.

Same as with Perrie, I see a ton of new residents just days old. I was actually noticing how few here now have the old names and the Resident Family is growing fast. I was looking around a club the other day and figured that about 80% had new names which goes back the old statistic I had heard that 85% will be gone at the 1 year mark. I have very, very friends now from my early days and think I only have about 4 or 5 over the 2,000 day mark that are still active.

If you are adding it to picks, I belive that stops at 10 and you cannot ad anymore.

One of the many reason I never use textures bought in world unless they come from 3D Concepts or TRU. Even TRU has had some issues but at least they self police. Best bet always is making your own.

Not sure what files you bought or if you have the OBJ file. Was everything you bought, in world items meaning not sent to you outside SL?

:D :smileyvery-happy: LMFAO....yes, I wondered that too. I want to know when we will have appliance avatars. Appliatars?

First you will want to clear your cache in your preferences and then I would relog and use the following information to fix it. http://community.secondlife.com/t5/English-Knowledge-Base/Troubleshooting-avatar-appearance/ta-p/1256955 Unfortunately, it could also be your graphics card and you may want to reinstall the Graphics Card Driver on your PC.

I think most looking at shapes are interested in the face more than anything since it is the hardest to make. However, if these are no mod shapes, then you will want to show as much as possible.

Pídele a tu amigo mira: http://blog.nalates.net/index.php/2010/09/24/avatar-render-problems-ghost-cloud-smoke-ball-ruth/

If you have purchased before, it more than likely is a technical glitch. There are also 3rd party sources to buy if you have problems however, beware of any unauthorized sources. You may also want to check with your credit card company to make sure you are not being blocked as LL often comes up on many fraud filters. https://www.virwox.com/ and http://www.anshex.com/ are both very credible and easy to use.

For all intensive purposes, consider MP offline for now. It's not unusable until they can figure this out.

One thing seems to be certain in that MP has always been painfully slow and from test my company had done in the past, they ranked in the top 10% for slowest loading commerce sites. However, lately, it is a near loss on all parts. Let me show you what slow load times does for abandonment rate. And if you are not a merchant, do yourself a favor and shop in world for the next few days. My store is open 24/7 and is never slow This measures seconds. I am on a 1Gbps connection from my office and it just took 45 seconds for the front page of MP to load. How many shoppers will bounce at that load time do you think? My guess is most as our sales have shown over the past 4 days. In all, LL needs to seriously consider outsourcing the MP to someone who knows how to run an ecommerce site so they can stick to what they do best.

I'm not sure this is a Jira issue as there are many, many things not working right now and I know they are scrambling to get them fixed.

MP has been a mess since the last upgrade for Direct Delivery. They dont seem to work weekends at the labs so give it a few days and I'm sure it will work out.