Episode 13 of The Drax Files Radio Hour featured an excellent interview with Richard A. Goldberg. I covered it here : Second Life TOS – Why Bergs Should Collide. I’m not going to go over it all again but Richard made some excellent points on why the TOS was problematic, why Linden Lab should not need all the terms they require, why there should be limitations and he did all this in a very calm and rational manner. Ebbe Altberg should at least listen to what Richard A. Goldberg had to say and then he may understand more of what the issue is.
The Linden Lab blog post on the updated terms of service states :
As part of an update to our Terms of Service today, we have made a modification to further clarify Section 2.3. The updated section still provides Linden Lab with the rights that we need in order to operate and promote Second Life, so you will see that we have retained much of the language as the previous version. However, the updated section now also includes limits that better match our intended meaning, and we hope will assuage some of the concerns we heard about the previous version.
Now the problem arises with the words that have been left in. First of all let’s rewind a little and give Linden Lab some credit for the change they did make, but also let’s rewind further and see what the controversial section said before the changes of last August, a time when it wasn’t remotely controversial :
You agree that by uploading, publishing, or submitting any Content to or through the Servers, Websites, or other areas of the Service, you hereby automatically grant Linden Lab a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content solely for the purposes of providing and promoting the Service.
I’m struggling to understand why that is no longer suitable, it’s clear, it’s to the point and there’s no ambiguity as to whether it refers to the Second Life service or not. However let’s move on to the controversial TOS and break this down, again, first of all this part :
Except as otherwise described in any Additional Terms (such as a contest’s official rules) which will govern the submission of your User Content, you hereby grant to Linden Lab, and you agree to grant to Linden Lab, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, modify, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and sell, re-sell or sublicense (through multiple levels)(with respect to Second Life, Inworld or otherwise on the Service as permitted by you through your interactions with the Service)
Now that’s better than before because of the part about being with respect to Second Life, inworld or otherwise. That’s the big plus point from the change, the problem is with the next part of the TOS, which makes absolutely no reference to this limitation.