Second Life TOS – Why Bergs Should Collide

Daniel Voyager and Inara Pey have both posted excellent coverage of Virtual Worlds Best Practice In Education (VWBPE). There’s plenty to read and plenty to listen to but I want to focus on something that is closer to home for many Second Life users, the controversial Second Life terms of service changes. Inara quotes Ebbe Altberg as saying the following regarding the terms of service :

I am working with my Legal Counsel to try to try to figure out how we can make it more obvious – or very obvious – that the creators of the content own the content, and we obviously have no intent of ever stealing your content or profiting off of your content independently of the creators in some fashion.

The current terms might indicate that we might somehow have some plan to steal people’s content and somehow profit from it for ourselves, without benefitting the creator, and that’s obviously not our intent at all. It would be very damaging to our business if we started to behave in that way because this whole platform is all about the content you all create. And if you can’t do that, and trust that it is yours, that’s obviously a problem. So I’m working on that, and I can ask you right now to trust us that we’re not going to do what the current clause might suggest we’re going to do, but we’re working on some simple tweaks to the language to make that more explicit.

We also have no interest in locking you in; any content that you create, we feel you should be able to export, and take and save and possibly if you want to move to another environment or OpenSim, that should be possible. So we’re not trying to lock you in either. Obviously, it’s very important to us to get content both in and out, so I just want to put that right out there.

Whereas that mostly sounds reassuring and is completely plausible, the ownership aspect hasn’t ever really been at the heart of the TOS debate, the ownership angle hasn’t really changed but as the new terms allow Linden Lab to do anything they like with the content that somewhat undermines the ownership clause. The prior TOS granted rights to Linden Lab in order for them to provide the service, that’s a perfectly reasonable clause, the changed TOS goes way beyond that and that’s where hackles get raised. Linden Lab’s intent is not the problem, the wording however remains a problem :

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. You agree that the license includes the right to copy, analyze and use any of your Content as Linden Lab may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service. The license granted in this Section 2.3 is referred to as the “Service Content License.” 

That simply goes way too far and undermines the concept of ownership that the content creator retains. In all reality Ebbe Altberg should have a meeting with Richard A Goldberg who in his interview during The Drax Files Radio hour episode 13, explained in a calm, constructive, non-confrontational and informative manner why the new terms of service are problematic.

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The Drax Files Radio Hour – Terms Of Service May Apply

This week’s Drax Files Radio hour covers a variety of topics, Oculus Rift, SL Go and the Linden Lab terms of service being the big ticket items.

There’s an interview with Dennis Harper of OnLive about the SL Go pricing changes. Dennis explains the reason for the changes, feedback from surveys, blogs and comments suggested that people love the idea, love the concept and are impressed with the technology, but the only really big problem people really had was with the pricing model.

However OnLive went further than people expected with their pricing changes, in the interview Dennis Harper says that the price they’ve announced is around half of what people said they would pay to use SL Go for a month.This suggests that plenty of people said that they would pay around 20 bucks a month for SL Go, rather that the just under 10 bucks a month that has been announced. Dennis also comments on Second Life being free to play and therefore some resistance around paying for Second Life usage does exist, but it doesn’t exist to the extent that some may think. Discretionary spending in Second Life is the big money maker and SL Go fits firmly into that category.

Jo Yardley talks of her personal experience of using the Oculus Rift in Second Life. Jo is impressed by it, although she points out that if using dev kit 1 the resolution is bad, but the experience is still wonderfully immersive.

Jo also points out that use of the keyboard whilst trying to use the Oculus Rift is pretty much impossible for her, which is something that will eventually need to be addressed. However on a positive note, Jo didn’t experience any nausea. Hower Jo makes the extremely important point that people really need to use The Rift before forming an opinion and that’s really the crux of the issue at this stage. Jo’s feedback and the feedback of those who use the device will be crucial to its development, although as in most technological cases, there will not be a solution that pleases everyone.

However the really big interview this week comes with Richard A Goldberg who has done work for Madpea Games in Second Life. The interview is about and Richard’s views on the Second Life terms of service change from last August.

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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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Adult Content And TOS – Which Way Will The Wind Blow?

I think it’s fair to say that Ebbe Altberg has made a positive start to his Linden Lab leadership. Ebbe has helped return the Jira to a semblance of sensibility and made positive strides to addressing the Marketplace and communications issues.

Ebbe hasn’t said anything about tier yet, but as that’s a long standing issue I’ll leave that aside for now. However two areas where Ebbe has been a little more uncomfortable shall we say, are the TOS and adult content.

On the TOS, Ebbe has said :

I’m still getting up to speed on that topic. I’ve had several discussions about it. It’s not a simple topic. 

Trust me. It’s not becuase we have an intent to arbitrarily profit from your stuff without your permission. That would be very bad for us as we’re all about user to user. We could seriously harm ourselves if we started doing that.

But, the edge cases and the potential cost to us in certain scenarios are quite substantial.

Making the spirit and the language match up seems to be very difficult. I’ll learn more over time but for now I can’t promise anything other than what I said above.

What these edge cases are remain a mystery and obviously it may be difficult for Linden Lab to discuss edge cases because it may cause problems. However from a standpoint of transparency, it would be better if Linden Lab would at least enter into a dialogue with content creators because the TOS remains content creator unfriendly. I absolutely believe Ebbe when he says Linden Lab have no intent to steal content and yes, it would seriously harm Linden Lab if they did. However the question remains as to why it’s so difficult to change the wording to reflect that.

I know some people have tried to address the Lab over the TOS changes, and as far as I know, they haven’t got far, but this is an issue that needs to be addressed.

The other issue is adult content and what will happen with it going forward.

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