+1, strongly agree. How content is handled is largely IMO an issue of the TOS extended by the grid owner. OpenSIM should provide a robust permissions system to allow content creators to manage access to resources inside a grid but how something leaves or moves across a grid is tied to the TOS for that grid.
Mike On Tue, 2009-03-31 at 16:34 +0000, Colin B. Withers wrote: > Won't this also force grids to do what SL do and forbid users to transfer > their accounts/log in details to someone else (and hence all their inventory)? > > Why do I get the feeling that we are starting to wade in mud? > > Can't all the issues of permissions, i.e. the three future (next owner) > permissions, and the extra two current permissions (anyone can copy, anyone > can move), and licensing, all be dealt with in the TOS of the individual > grids, which then apply to all users of that grid, both creators and > end-users? > > Can you imagine the mess of an object with multiple textures, filled with > various anims, scripts and notecards (thinking sexgen bed here), and they all > have different permissions/licenses. Doesn't bear thinking about :( > > Rock > > -----Original Message----- > From: [email protected] > [mailto:[email protected]] On Behalf Of Michael Cortez > Sent: Tuesday, March 31, 2009 5:05 PM > To: [email protected] > Subject: Re: [Opensim-dev] Legal Issues was RFC Profiles > > Tom Willans wrote: > > Who are you giving permissions to the Avatar or the owner of the Avatar? > This is the rudimentary issue at the bottom of this, and is IMHO the > cause of most of the confusion. > > You can't make a legal agreement with an Avatar -- in all likelyhood, > the only legal standings an avatar is going to have in court is as an > alias for an actual human. > > Therefore you are always making an agreement with the owner. > > Now you may be making an agreement that the owner is being licensed to > use an object within the confines of a specific grid, t the owner is > permitted to make digital copies of said object within the regions of > that grid, is restricted to using those copies with a single specific > avatar and is not allowed to provide those copies to other people. This > is what some creators and users believe is happening when you mark > something as No Transfer, Copy, No Mod. > > Now others believe, for the same permissions that you are: > > Selling the owner a digital copy of the item. Since they now own it, > they are legally entitled to fair rights usage including backing it up. > They believe they have agreed to some terms of usage during the > purchase, which includes the fact that they will not modify the item or > provide it to others. However since they (the human) own it, they feel > they can use said item anywhere, any grid, or any purpose including > importing it into their own 3D applications and creating 3D meshes that > they may render to jpeg and use to decorate their personal website. > > And then there are lots of shades of gray between those two points. > > > The permissions based system regardless of security issues does > > address this however imperfectly. > IMHO the permissions system, as envisioned by LL fails utterly to convey > in a manor that is clear and concise as to what you are actually buying > or licensing when you spend L$ within SL, to "purchase" an object. > > For more fun, one can always try to decode the LL Terms of Service: > > Section 1.3: > ... "You acknowledge that Linden Lab and other Content Providers have > rights in their respective Content under copyright and other applicable > laws and treaty provisions, and that except as described in this > Agreement, such rights are not licensed or otherwise transferred by mere > use of the Service." ... > > Section 3.2 > ..."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 > > Many of these sections have been misread and misquoted, I myself have > done so. > > However at this point, I am fairly certain the intent of the only > license users of Second Life are agreeing to by merely using the system, > and buying/selling content in a normal fashion (no included license > notecards and such) -- is the right to use LL's SL. You never have any > legal rights at all to the items you "buy" in the system. A license is > never established between the content creators and the buyers -- instead > the license creators have licensed the content to Linden Labs, and under > the Terms of Service, Linden Labs allows other users to utilize the > content within the system. I'm not even sure you can argue quid pro quo > has granted you a license or ownership, because LL makes it quite clear > that "Linden Dollars" have no intrinsic value, and all you have is a > license to move around some bits on their database servers that are > labeled as "Linden Dollars" > > I highly doubt this is the intent of the vast mast majority of OpenSim > developers and potential users for this to be the case on any grid they > provide or visit. > > -- > Michael Cortez > _______________________________________________ > Opensim-dev mailing list > [email protected] > https://lists.berlios.de/mailman/listinfo/opensim-dev > _______________________________________________ > Opensim-dev mailing list > [email protected] > https://lists.berlios.de/mailman/listinfo/opensim-dev -- Mike Dickson <[email protected]> BladeSystem infrastructure R&D _______________________________________________ Opensim-dev mailing list [email protected] https://lists.berlios.de/mailman/listinfo/opensim-dev
