Linden Lab TOS Issues Should Be Rectified Sooner Rather Than Later In Light Of Versu Decision

First of all there are some key differences between The Second Life TOS change and what has happened to Versu. The most glaringly obvious apparently being that Linden Lab are not asking Second Life content creators to give up their intellectual property rights and they are not asking for an exclusive license.

Emily Short who was a main developer of Versu was employed by Linden Lab and would have known the details of providing her content to Linden Lab. Emily appears to have lost control of her own content in the process but that is not something untoward if the terms of the contract stated this was the case.

Terms are important and this is why Second Life content creators are not happy about the TOS change by Linden Lab. One particular cause of concern for Second Life content creators has been :

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, sell, re-sell, sublicense (through multiple levels), modify, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. 

Whereas Second Life content creators do not give up their intellectual property rights, they give up a hell of a lot more than they previously had to in other areas. The old TOS for this part read :

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.

That’s a far more friendly reading TOS than the new one. There has been some speculation that the reason for the TOS change was due to SL Go from Onlive. The arguments goes that Linden Lab need to allow Onlive to use Second Life content and therefore the TOS had to be changed to allow this service to run.

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Linden Lab Say No To Sale Of IP And Codebase For Versu

Inara Pey has reported that Lab says “no” to an independent future for Versu. Inara’s blog post links to a blog post from Emily Short, who had been trying to negotiate a deal to buy the IP and codebase for Versu after Linden Lab announced they would no longer be supporting the project :

After careful consideration, Linden Lab has decided to cease development and support for dio, Versu, and Creatorverse. We’re grateful for those who took the time to experiment with these products in their early days, but ultimately we have determined that due to a number of factors, we and our customers will be best served by focusing our efforts on continuing to provide exceptional service and compelling new experiences for the users of our other products.

So Linden Lab don’t see a future for the project, but like the boy with the ball, they’ve decided to take their ball home instead of letting someone else play with it. Emily had previously tried to convince Linden Lab to Open Source the project, which Linden Lab refused to do.

Then Emily tried to negotiate a deal to buy the IP and codebase, which as Emily announced on her blog, ended up with a no :

So for those who were curious, Linden has now given me a definite no about selling me the codebase and IP.

However there is another pain point in all of this for Emily. Blood and Laurels, which had just been completed has obviously now been shelved, but as Emily explains in the comments, Linden Lab own the text :

Blood and Laurels can’t meaningfully be rewritten — they own all the text and images as well as the engine it runs on. I was working on that story concept, on and off, for nearly 15 years, so having finally finished it and been really excited about it, only to have it vanish into ether, makes me sad. Still, on a total scale of possible bad things to have happen to one, it’s not very far along the bad thing spectrum. So we go on to the next.

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Price Comparisons For SL Go Are Difficult, But Please Leave Coffee Out Of It

Often when people are debating costs of online services, such as MMO’s or SL Go, the coffee argument will be trotted out. On the face of it the coffee argument is a good one, the cost can be compared to buying a few cups of coffee a month, which is true. The problem with the coffee comparison is that coffee is a consumable product, with little investment opportunity. I mean you may get a coffee loyalty card which can earn you free coffee, but you know that each cup is going to be disposed of in one form or another.

People who spend time in MMO’s and virtual worlds such as Second Life are investing in their avatar, there are various different ways of doing this but people generally don’t think of this avatar investment as a disposable product. They see it as an ongoing cost in developing said avatar.

That avatar investment is extremely important for developers of MMO’s and virtual worlds, it’s the hook, it’s why people are prepared to keep logging on, there’s progression. This is why in MMO’s a hardcore mode where you lose everything if your character is killed is not the norm, some have it as an option, but it’s not the norm because if that were the norm, people would see their character as disposable, like coffee.

Coffee is not a good comparison, nor is Pizza or even a trip to the pictures. This of course leaves one in the awkward position of trying to find a good comparison. In terms of something like The Elder Scrolls Online, it’s other MMO’s, and there are plenty of them with different pricing structures.

In terms of SL Go, it’s a lot trickier because there’s nothing really like it. Lumiya is a mobile client for Second Life, but it doesn’t deliver its service in the same way as SL Go and it won’t provide the same levels of performance. However Lumiya will provide a means of logging into Second Life on a mobile device.

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The Trouble With Pricing Models

No matter what price a company puts on a product, there are going to be people who complain about it. There are umpteen examples of this, a glaring one for Second Life users is tier pricing. The tier is too damn high for many potential use cases of Second Life, but it is what it is. However there are ways and means of introducing pricing structures that can help to attract more customers.

The Elder Scrolls Online will be out soon, with an upfront fee and a USD$15 a month subscription fee, and there have been plenty of complaints about it. The price itself is not outrageously expensive but the pricing models for MMO’s has for some time been moving away from a subscription only model. Indeed Second Life is a glaring example of a product that moved from a subscription only model, to a choice of payment model and undoubtedly prospered.

I’ll be amazed if The Elder Scrolls Online does not change its pricing model within a year or two of release. I’ve seen this before with Star Wars The Old Republic, Age Of Conan, Star Trek Online yadda yadda yadda. The MMO market has moved on in the main from the subscription only model. There are at least two whopping examples of pretty much subscription fee only models, World Of Warcraft and Eve-Online. WoW has the people, that’s something you simply can’t buy. Eve-Online is far more niche, that’s a good advantage, but in the main the subscription only model is heading into extinction. The thing to note is that many a free to play MMO model offers a subscription option.

Now the new SL Go is getting criticised for its pricing model and I personally think this is a bridge that the concept won’t be able to cross. The technology really is brilliant in terms of delivery, the pricing model is quite heinous and there is a virtual world precedent here, Kitely.

Kitely had a pay per minute plan, it was not quite the same as the Onlive SL Go model, but it was a pay for your time model. On January 1st Kitely changed their model quite substantially, announcing in a blog post:

Until now, users had a certain number of Minutes that they could spend in-world; this was similar to the Minutes in a cellphone plan. Unfortunately, using Minutes had some downsides.

The biggest problem was that using Minutes caused anxiety among casual users: they had to count their Minutes and “spend them wisely”. But starting now, visitors never pay for visiting a world. It’s possible that a user won’t be able to visit a particular world due to the access settings chosen by the world owner, but if they can visit the world then it’s completely free for them.

Whereas paid time has not been completely removed from Kitely, the onus now falls on a sim owner to pay the bill for visitor’s time, but Kitely has a range of other options that mean sim owners can avoid such fees and it’s this sort of range of choice that helps end users.

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The Drax Files Radio Hour Episode 8 – Draxtor Meets Pamela

Episode 8 of The Drax Files Radio hour is out and it doesn’t disappoint. Draxtor takes his avatar to the real world and meets Pamela. Pamela does not engage with Second Life, although she has heard of it. There’s a fascinating discussion between Drax Pamela as Drax emphasises the beauty of virtual worlds and Pamela extols the virtues of the physical world.

In reality this boils down to a richness verus reach argument with both parties making good points. Drax argues that virtual worlds enable people to link up and share advice with people all over the world, Pamela argues that the real world allows more tangible goodness and that people are less likely to be hiding behind a mask.

At the end I came to the conclusion that they were both right, but that the ideal scenario is for people to enjoy the benefits of both the real and virtual world. Of course some people aren’t in a position to do so and find one or the other more productive, but really, it’s a matter of balance if possible.

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