More Second Life TOS talk, this time with lawyers

I attended the United Content Creators of SL legal panel discussion today inworld with three RL lawyers about the new TOS changes to Second Life. What a turnout. Sim was packed; after the first 5 minutes you couldn’t get in without a wait. At one point, I counted 128 avies either at the event or back on the Justitia sim trying to get in, listening to the aviewTV stream. Here is what stuck in my head after the discussion.

Give up the right to litigate

1. Although most of us are focused on the relinquishment of license to our content to Linden, a bigger problem is our relinguishment of the right to litigate. (Section 10). As one of the lawyers said: “The issue is not whether you would prevail at court, it’s whether you could ever get to court.”

No limits

2. The other big problem is the lack of limitation on Linden’s license to our content – it is not limited in these TOS by time, degree, or purpose.

Before and after
3. Many of us thought the new TOS would apply only to content uploaded AFTER the new TOS, but the lawyers seemed in agreement that Linden was making the claim that it has a license to ALL content, before and after.

Machinima has cause for worry
4. Machinima makers definitely have reason for concern as to whether Linden could claim a license to the content they film in Second Life and show outside of Second Life.

 

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