{"id":4121,"date":"2014-07-18T20:22:48","date_gmt":"2014-07-18T19:22:48","guid":{"rendered":"http:\/\/sl.governormarley.com\/?p=4121"},"modified":"2014-07-18T20:22:48","modified_gmt":"2014-07-18T19:22:48","slug":"why-the-tos-remains-problematic","status":"publish","type":"post","link":"https:\/\/sl.governormarley.com\/?p=4121","title":{"rendered":"Why The TOS Remains Problematic"},"content":{"rendered":"

Episode 13 of The Drax Files Radio Hour<\/a> featured an excellent interview with Richard A. Goldberg. I covered it here :\u00a0Second Life TOS \u2013 Why Bergs Should Collide<\/a>. 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.<\/p>\n

The Linden Lab blog post <\/a>on the updated terms of service states :<\/p>\n

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.<\/em><\/p><\/blockquote>\n

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 :<\/p>\n

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.<\/em><\/p><\/blockquote>\n

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.\u00a0However let’s move on to the controversial TOS and break this down, again, first of all this part :<\/p>\n

Except as otherwise described in any Additional Terms (such as a contest\u2019s 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)<\/em><\/p><\/blockquote>\n

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.<\/p>\n

<\/p>\n

The next part starts after a comma in the above section :<\/p>\n

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. <\/em><\/p><\/blockquote>\n

This remains a problem, why do Linden Lab need these terms without limitation? They should not need these terms in this fashion. There definitely should be limitations on usage, any purpose whatsoever is extremely unfriendly to content creators, it’s also a kick in the teeth for collaborative work with people outside Second Life because there are very few, if any, commercial licences for textures that would be compatible with those terms.<\/p>\n

On the other side of this coin I should point out that some of the commercial texture sites have terms that are far too restrictive for collaboration too. Some commercial sites also don’t seem to understand that it’s necessary to allow distribution for usage in virtual worlds and gaming, not direct distribution of course, but distribution in terms of allowing an end user to see the conent. \u00a0There’s a gap a mile wide between the two camps. Both camps need to come a little closer to the middle so sensible use of assets can be achieved.<\/p>\n

However Linden Lab’s terms are too encompassing and they should not really need to use this sort of language.<\/p>\n

The final part of this section of the TOS is not remotely controversial and makes perfect sense :<\/p>\n

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 \u201cService Content License<\/em><\/p><\/blockquote>\n

This part is absolutely necessary and should not worry anyone. Linden Lab have made a small step in the right direction this week, but it’s a very small step and I was really hoping they would take more of a leap.<\/p>\n

Obviously companies want to protect themselves but these terms remain unfriendly to content creators and going forward, this really is not a good place to be for Linden Lab or their community, if Linden Lab really want their new world to achieve the reach they envisage, they really are going to have to come back to these terms of service, hopefully after speaking to people such as Richard A Goldberg and gaining insight into these issues from the other side of the fence.<\/p>\n

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