How a global user-base affects the SL TOS

[Persephone Emerald]

Facebook is facing lawsuits in France for some policies that are similar to Second Life's. This passage in particular caught my attention.

" Facebook lawyers argued that under its terms of service, such lawsuits could only be heard by a specific court in California where it has its headquarters, and that French consumer-rights law doesn't apply to its users in France because its worldwide service is free.

The Paris appeals court dismissed those arguments. The ruling could set a legal precedent in France, where Facebook has more than 30 million regular users. It can be appealed to France's highest court.

The appeals court said the small clause included in Facebook's terms and conditions requiring any worldwide lawsuits to be heard by the Santa Clara court is "unfair" and excessive. In addition, the judges said the terms and conditions contract signed before creating a Facebook account does fall under consumer rights law in France.

"This is a great satisfaction and a great victory after five years of legal action," lawyer Stephane Cottineau, who represents the teacher, told The Associated Press. He said it sends a message to all "web giants that they will have now to answer for their possible faults in French courts." "

The full story is here.

 

How do you think Second Life will have to deal with similar lawsuits, especially over IP rigths for content creators?

The Facebook nudity clause issue doesn't seem to apply to Second Life, since we have Maturity ratings to control where questionable content might be viewed, however it might be viewed as promoting public hate speech that is not allowed in France and other countries. I'm thinking of Nazi sims and paraphenalia , for instance.

[steph Arnott]

If the service is in France then French law applies. They do advertise in France so get revenue, so it not truly free.

[Nova Convair]

Big parts of the TOS are invalid and would be taken apart in courts. SL would be closed down since they have adult content but no age control.

But since LL has no office in my country thats irrelevant - for now.

I will continue to connect on my own risk.