Tateru,
You can continue down this road if you wish, but the facts are the
words in 13.3 do not become effective for Residents who had registered
before March 31, 2010 until April 30 2010. (See the blog post here
with additional words to that effect.) The updated TOS text was pushed
to everyone so they would have the benefit of a full 30 days to review
it before acknowledging formal acceptance of it by accessing the system
after April 30.
So, please, do not add to the rhetoric here by telling me about
contract law, charges of fraud, coercion or whatever point you're
trying to make. The TOS in force today was the agreement accepted by
all Residents of record prior to March 31. After April 30, everything
you say about section 13.3 in the new TOS is reasonably accurate.
The purpose of my brown bag is to talk about the new TPV policy and the
concerns raised by several members of the open source community. I
intend to listen to listen to all reasonable proposals to address those
concerns. Those who do not wish to participate in that synchronous
event can email me instead if they so choose. Again, I'm looking
forward to a productive exchange of specific ideas to address specific
shared concerns, whether at these meetings or via some other channel.
If you have nothing to offer, there is no reason to come.
-- Joe
Tateru Nino wrote:
That clear statement is inadmissible by the terms of the TOS §13.3, I'm
afraid, which disclaims such as not being a valid part of the
agreement. No part of the agreement that is made admissible by §13.3
suggests or implies any commencement date other than immediately.
Nor does it permit any explanation, FAQ, supplement, or discussion to
be considered relevant (except as provided, which none have been).
Boilerplate it may be, but it is binding boilerplate. It could say that
"This agreement grants you a lifetime supply of banana custard", but
that's not actually in there. It would be an assurance that is
disclaimed within the agreement. §10.3 absolves the Lab and its
representatives of charges of fraud if they say something about the
agreements that aren't strictly speaking true, in order to obtain
agreement.
As a general rule for contracts and agreements (leaving aside the TPVP,
the TOS, and Linden Lab for a moment), it's widely considered remiss to
act based on inadmissible representations or explanations of a contract
from the other party to the actual agreement. That's the sort
of thing lawyers warn you not to do.
On 9/04/2010 3:32 PM, Joe Linden wrote:
Of course you can. The ToS presented at login clearly
states it becomes effective on 4/30. In the meantime, you continue to
use the service under the terms of the prior ToS which doesn't contain
the TPV provisions. If one has issues with the prior ToS agreement,
and hasn't previously accepted those terms, then I agree, this meeting
isn't for you.
-- joe
On Thu, Apr 8, 2010 at 7:32 PM, Boy Lane <boy.l...@yahoo.com>
wrote:
Thanks
Joe.
Unfortunately one can not attend without going inworld and accepting
ToS/TPV in the first place.
-----
Original Message ----- Date: Thu, 8 Apr 2010 13:24:57 -0700
From: Joe Linden <j...@lindenlab.com>
Subject: [opensource-dev] Brown-bag meeting to continue dialog on TVPV
next Tuesday (4/13)
To: OpenSource-Dev <opensource-dev@lists.secondlife.com>
Message-ID:
<v2k6b9495c41004081324ibd5ec762zb8d098a09c7f0...@mail.gmail.com>
Content-Type: text/plain; charset="iso-8859-1"
Hello, all. I've been reading the ongoing commentary here, on various
blogs, irc, and in-world groups about the recently introduced Third
Party
Viewer Policy and Directory and I'd like to host an "office hour" or
informal brown bag to make the conversation a little more synchronous
for
those who are interested. I plan to hold three of these over the next
couple of weeks, at times that might be friendlier for some than
others, but
the first one will happen next Tuesday, 4/13 at noon PDT. I'd like to
address questions about the intent of the policy, how we will be using
the
Directory going forward, and see if I can gather the specific concerns
that
have been raised by the community over the past several weeks. It'll
be an
informal Q&A session, held in voice, at this location:
http://maps.secondlife.com/secondlife/Linden%20Estate%20Services/229/230/29
No RSVP needed, and feel free to rebroadcast the invite to others you
think
would benefit from open dialog around the subject.
I hope to see many of you there next week.
-- Joe
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Tateru Nino
http://dwellonit.taterunino.net/
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