Reposting part of last response to Soft, which the list's Mailman/pipermail sliced off.
================ >> As is written in the answer A15, "Residents retain intellectual property >> rights in the content they create in Second Life and it is important for you >> to respect those rights." Respecting their rights in this case requires you >> to to allow that content to be exported as its creator desires. Therefore >> you either need to extend A15 with this additional case, or add another FAQ >> Q+A (preferably immediately after #15) to address it. >> > > That might be material for the FAQ. But because there is no export > > permission bit, it's not possible to add export capability for these > > cases without enabling violation of others' content. At this point, I > > couldn't see that affecting the TPV policy. > An export permission bit is not required before export of open-licensed content can be done. We don't have an export permission bit in RL, and yet open licensing works just fine. As Fleep pointed out earlier<https://lists.secondlife.com/pipermail/opensource-dev/2010-February/000405.html>, SL creators are already open-licensing their products right now, since it is so important for Education. As in RL, the responsibility for applying open licenses properly rests with the licensor, since nobody else can be expected to check what the licensor is licensing. That is no different here. Nobody expects you to do any checking, and your assertion that this leads to "violation of others' content" is patently wrong when the licensor uses only her own and other people's open-licensed content. Indeed, if you did do checking then you would not be able to disclaim liability for infringements. The core of the matter though is whether you believe in your own words in FAQ.15: "Residents retain intellectual property rights in the content they create in Second Life and it is important for you to respect those rights". Are you going to respect the rights of those creators who use open-licensing of their content? Or, ungenerously, are you only going to respect the rights of those creators who shore up the walls of your walled garden? I would prefer to believe that your support is for all content creators' rights and wishes. How you respond will reveal the truth of the matter. If you make it clear that building upon the openly and legally-licensed content of others is a ToS or TPV violation, then you are not respecting the rights and wishes of open creators, and it may not even be legal. My suggested new FAQ.16 or similar would let you "do the right thing" and be a good citizen of the open license community. Morgaine.
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