[SLED] TOS 3.2 Can all SL software be shared without cost? No.

Dirk DaSilva dds at venuma.com
Thu Sep 28 14:42:46 PDT 2006


Robin,

I have sent an email to Philip about the patent issue but have not  
received a response.

We have no choice but to leave SL if the patent provision remains  
unchanged in your TOS.

Automatic licensing to every USER of SL is simply unacceptable.

For now we will stop all SL related development.

Dirk
www.venuma.com


On Sep 23, 2006, at 1:46 PM, Robin Harper wrote:

Hi all,

Ed has done a good job capturing our intent with respect to the  
copyright terms in the TOS.

We have debated the patent issue, so I will ask our general counsel,  
Ginsu Yoon, to respond to that part of your question.

Cheers,
Robin


On Sep 22, 2006, at 8:47 AM, Ed Lamoureux wrote:

> I am not a lawyer (though I co-teach an IP law in new media class  
> with a lawyer and we're working on a book under contract with Peter  
> Lang).
> And, this issue is deeply contested.
> But I will try to explain my understanding... which is different  
> from Dirk's summary
>
> I read 3.2 as saying that
> 1) all content creators retain all usual (RL) copyrights on stuff  
> they make in SL. However
> 2) Linden reserves the right (via this automatic grant of license)  
> to use anything in their promotional materials.
> Otherwise, they couldn't take a picture of an avatar or a build and  
> use it on even their own website, without your permission. That  
> would hamstring them.
>
> With regard to copyright, the grant is ONLY TO LINDEN LABS (not to  
> other users). Other users doesn't appear in that (copyright) paragraph
>
> However, for some reason they've changed the terms for PATENTS. I  
> do not know why the difference. But for patents, they say that you  
> grant both Linden Labs AND OTHER USERS rights to use stuff you patent.
>
> the "you retain all rights" part
> 3.2 You retain copyright and other intellectual property rights  
> with respect to Content you create in Second Life, to the extent  
> that you have such rights under applicable law. However, you must  
> make certain representations and warranties, and provide certain  
> license rights, forbearances and indemnification, to Linden Lab and  
> to other users of Second Life.
>
> Users of the Service can create Content on Linden Lab's servers in  
> various forms. Linden Lab acknowledges and agrees that, subject to  
> the terms and conditions of this Agreement, you will retain any and  
> all applicable copyright and other intellectual property rights  
> with respect to any Content you create using the Service, to the  
> extent you have such rights under applicable law.
>
>
> the copyright part:
> Notwithstanding the foregoing, you understand and agree that by  
> submitting your Content to any area of the service, you  
> automatically grant (and you represent and warrant that you have  
> the right to grant) to Linden Lab: (a) a royalty-free, worldwide,  
> fully paid-up, perpetual, irrevocable, non-exclusive right and  
> license to (i) use, reproduce and distribute your Content within  
> the Service as permitted by you through your interactions on the  
> Service, and (ii) use and reproduce (and to authorize third parties  
> to use and reproduce) any of your Content in any or all media for  
> marketing and/or promotional purposes in connection with the  
> Service; (b) the perpetual and irrevocable right to delete any or  
> all of your Content from Linden Lab's servers and from the Service,  
> whether intentionally or unintentionally, and for any reason or no  
> reason, without any liability of any kind to you or any other  
> party; and (c) a royalty- free, fully paid-up, perpetual,  
> irrevocable, non-exclusive right and license to copy, analyze and  
> use any of your Content as Linden Lab may deem necessary or  
> desirable for purposes of debugging, testing and/or providing  
> support services in connection with the Service. Further, you agree  
> to grant to Linden Lab a royalty-free, worldwide, fully paid-up,  
> perpetual, irrevocable, non-exclusive, sublicensable right and  
> license to exercise the copyright, publicity, and database rights  
> you have in your account information, including any data or other  
> information generated by your account activity, in any media now  
> known or not currently known, in accordance with our privacy policy  
> as set forth below, including the incorporation by reference of  
> terms posted at http://secondlife.com/corporate/privacy.php.
>
> the patent part
> You also understand and agree that by submitting your Content to  
> any area of the Service, you automatically grant (or you warrant  
> that the owner of such Content has expressly granted) to Linden Lab  
> and to all other users of the Service a non-exclusive, worldwide,  
> fully paid-up, transferable, irrevocable, royalty-free and  
> perpetual License, under any and all patent rights you may have or  
> obtain with respect to your Content, to use your Content for all  
> purposes within the Service. You further agree that you will not  
> make any claims against Linden Lab or against other users of the  
> Service based on any allegations that any activities by either of  
> the foregoing within the Service infringe your (or anyone else's)  
> patent rights.
>
> My assumption is that something like the tour HUD the sheep did for  
> NMC is protected by copyright not patent.
>
> On Sep 22, 2006, at 10:31 AM, Dirk DaSilva wrote:
>
>> They may be able to give it to you. We are wondering about  
>> copyright issues of original content
>> in SecondLife ourselves and are trying to understand the  
>> SecondLife TOS in that regard.
>>
>> Maybe the list can help with this? I am not a lawyer.
>>
>> TOS 3.2 seems to say that original content producers retain  
>> copyrights and other IP rights BUT
>> automatically license their content to Lindenlabs and all users  
>> for any purpose at no cost.
>>
>> Does this mean that NMC (and all other users for SecondLife) have  
>> a fully paid-up, transferable,
>> irrevocable, royalty-free and perpetual License to the HUD created  
>> by Electric Sheep and could
>> in fact give it to any user of SecondLife?
>>
>> IP rights may only be important if the intent is to use SecondLife  
>> content OUTSIDE of SecondLife.
>>
>> Dirk
>> www.venuma.com
>>
>>
>>
>> Quoted from SecondLife TOS:
>> 3.2 You retain copyright and other intellectual property rights  
>> with respect to Content you create in Second Life, to the extent  
>> that you have such rights under applicable law. However, you must  
>> make certain representations and warranties, and provide certain  
>> license rights, forbearances and indemnification, to Linden Lab  
>> and to other users of Second Life.
>>
>> Users of the Service can create Content on Linden Lab's servers in  
>> various forms. Linden Lab acknowledges and agrees that, subject to  
>> the terms and conditions of this Agreement, you will retain any  
>> and all applicable copyright and other intellectual property  
>> rights with respect to any Content you create using the Service,  
>> to the extent you have such rights under applicable law.
>>
>> Notwithstanding the foregoing, you understand and agree that by  
>> submitting your Content to any area of the service, you  
>> automatically grant (and you represent and warrant that you have  
>> the right to grant) to Linden Lab: (a) a royalty-free, worldwide,  
>> fully paid-up, perpetual, irrevocable, non-exclusive right and  
>> license to (i) use, reproduce and distribute your Content within  
>> the Service as permitted by you through your interactions on the  
>> Service, and (ii) use and reproduce (and to authorize third  
>> parties to use and reproduce) any of your Content in any or all  
>> media for marketing and/or promotional purposes in connection with  
>> the Service; (b) the perpetual and irrevocable right to delete any  
>> or all of your Content from Linden Lab's servers and from the  
>> Service, whether intentionally or unintentionally, and for any  
>> reason or no reason, without any liability of any kind to you or  
>> any other party; and (c) a royalty- free, fully paid-up,  
>> perpetual, irrevocable, non-exclusive right and license to copy,  
>> analyze and use any of your Content as Linden Lab may deem  
>> necessary or desirable for purposes of debugging, testing and/or  
>> providing support services in connection with the Service.  
>> Further, you agree to grant to Linden Lab a royalty-free,  
>> worldwide, fully paid-up, perpetual, irrevocable, non-exclusive,  
>> sublicensable right and license to exercise the copyright,  
>> publicity, and database rights you have in your account  
>> information, including any data or other information generated by  
>> your account activity, in any media now known or not currently  
>> known, in accordance with our privacy policy as set forth below,  
>> including the incorporation by reference of terms posted at http:// 
>> secondlife.com/corporate/privacy.php.
>>
>> You also understand and agree that by submitting your Content to  
>> any area of the Service, you automatically grant (or you warrant  
>> that the owner of such Content has expressly granted) to Linden  
>> Lab and to all other users of the Service a non-exclusive,  
>> worldwide, fully paid-up, transferable, irrevocable, royalty-free  
>> and perpetual License, under any and all patent rights you may  
>> have or obtain with respect to your Content, to use your Content  
>> for all purposes within the Service. You further agree that you  
>> will not make any claims against Linden Lab or against other users  
>> of the Service based on any allegations that any activities by  
>> either of the foregoing within the Service infringe your (or  
>> anyone else's) patent rights.
>>
>> You further understand and agree that: (i) you are solely  
>> responsible for understanding all copyright, patent, trademark,  
>> trade secret and other intellectual property or other laws that  
>> may apply to your Content hereunder; (ii) you are solely  
>> responsible for, and Linden Lab will have no liability in  
>> connection with, the legal consequences of any actions or failures  
>> to act on your part while using the Service, including without  
>> limitation any legal consequences relating to your intellectual  
>> property rights; and (iii) Linden Lab's acknowledgement hereunder  
>> of your intellectual property rights in your Content does not  
>> constitute a legal opinion or legal advice, but is intended solely  
>> as an expression of Linden Lab's intention not to require users of  
>> the Service to forego certain intellectual property rights with  
>> respect to Content they create using the Service, subject to the  
>> terms of this Agreement.
>>
>> 3.3 Linden Lab retains ownership of the account and related data,  
>> regardless of intellectual property rights you may have in content  
>> you create or otherwise own.
>>
>> You agree that even though you may retain certain copyright or  
>> other intellectual property rights with respect to Content you  
>> create while using the Service, you do not own the account you use  
>> to access the Service, nor do you own any data Linden Lab stores  
>> on Linden Lab servers (including without limitation any data  
>> representing or embodying any or all of your Content).
>>
>>
>>
>> On Sep 22, 2006, at 12:50 AM, Nick Noakes wrote:
>>
>> At 12:41 AM 9/22/2006, Ed Lamoureux wrote:
>>> why not ask larry johnson/alan levine and the NMC about the tour  
>>> HUD that electric sheep did for the nmc campus?
>>> works really well
>>
>> I asked Larry about this a couple of weeks back, as I also wanted  
>> an authorable version that any of us, and particularly our  
>> students, could use for tours. Unfortunately, the NMC Campus Tour  
>> HUD is copyright of Electric Sheep Company and NMC cannot give it  
>> to others to modify.
>>
>> Nick/Corwin
>>
>> _________________________________________
>> Nick Noakes
>> Director, Center for Enhanced Learning and Teaching
>> Hong Kong University of Science and Technology
>>
>> Tel: (852) 2358 6809
>> Fax: (852) 2358 2201
>> __________________________________________
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>
> Edward Lee Lamoureux, Ph. D.
> Associate Professor, Multimedia Program
> and Department of Communication
> Co-Director, New Media Center
> 1501 W. Bradley
> Bradley University
> Peoria IL  61625
> 309-677-2378
> <http://slane.bradley.edu/com/faculty/lamoureux/website2/index.html>
> <http://gcc.bradley.edu/mm/>
> AIM/IM & skype: dredleelam
> Second Life: Professor Beliveau
>
>
>
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