Second Life Terms of Service change in a nutshell, 8/15/13

In a nutshell_004Here in a nutshell is the change in the Second Life new Terms of Service that has some creators in an uproar over licenses to user-created content. Creators like Jo Yardley, Chic Aeon, Tuna Oddfellow and Shava Nerad, and CG Textures (a supplier to many SL creators) have raised issues about Linden’s change in the TOS that went into effect August 15. The big change that has many creators fuming – and some, like Oddfellow Studios, even moving their content from Second Life to other worlds – is this:  Users must now grant Linden a license to use uploaded content for any purpose whatsoever versus the old terms’ requirement for a Linden license just to promote Second Life.

Since I had to make a circuitous run around the metaverse to find the old and new TOS, then locate the specific sections in question, I thought I’d save you the trouble. Here are the controversial sections  – old and new – so you can see the difference. I have put the main change in red text. If you want the whole story, Inara Pey did a thorough wrapup. And Sean Brady posted a pdf redline markup of old versus new Linden TOS.

OLD Second Life TOS, May 13 – Aug. 14, 2013

7.2 You grant certain Content licenses to Linden Lab by submitting your Content to the Service.

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.”

NEW Second Life TOS, Aug. 15, 2013

2.3 You grant Linden Lab certain licenses to your User Content.

“… 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.”


3 Responses to this post.

  1. Chic Aeon's Gravatar

    Posted by Chic Aeon on 25.09.13 at 11:57 pm

    Hi there. Thanks for the plug. I am adding you to a long page of TOS controversy links on my blog. Should anyone want to read more without needing to Google and Bing and sort here’s the page.

    2.3 is definitely the biggest problem in the August TOS and as more and more Golly-Mom-I-Just-Clicked-Through folks (and I admit I was among them albeit with a giant note to find out what the changes had been) discover that they have lost control of their creations. Sure, they still have the copyright, can’t take that away. But, that’s not terribly useful if your product or artwork is out on the web for sale by someone who can easily undercut your price simply because they had no investment in it.

    Thanks for reporting.

  2. Rich Vance's Gravatar

    Posted by Rich Vance on 25.09.13 at 11:57 pm

    You forgot to highlight “sell, re-sell” in the new TOS. That’s important too, they can sell your work now too, according to them. Nowhere does it say that you will get the money for that. It’s their work, so if they want to sell it and keep the money, you’ve agreed to it. So nice to know that they already have everything we’ve already made available for them to start selling. Everybody who creates anything, anims, scripts, textures, objects (yes, they can copy the exact prims you used to create the object), sounds…. should all stop creating, immediately, if not sooner.

  3. ancient's Gravatar

    Posted by ancient on 25.09.13 at 11:57 pm

    2.3 Aug 15 TOS is absurd, american legalese should never of had charge of over SL, SL should have been an open source project run by users and for users forever, I would view it this way all content created or uploaded is bound to the previous terms not the current one, a court might well see it that way.

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