[opensource-dev] new TOS - TPV "legally" binding. :/

Ryan McDougall sempuki1 at gmail.com
Thu Apr 1 03:04:41 PDT 2010


On Thu, Apr 1, 2010 at 12:29 PM, Lawson English <lenglish5 at cox.net> wrote:
> Gareth Nelson wrote:
>> You're always welcome to not accept the TOS........ and thus lose all
>> your inworld assets
>>
>> On Wed, Mar 31, 2010 at 4:58 PM, Lawson English <lenglish5 at cox.net> wrote:
>>
>>> Lance Corrimal wrote:
>>>
>>>> just had a little popup shoving the new TOS under my nose, and behold,
>>>> with accepting the TOS you also accept the TPV.
>>>> _______________________________________________
>>>>
>>>>
>>> I wonder if that's even legal...
>>>
>>>
>>>
> Well, my point is that a click-through agreement with side-effects that
> no-one understands doesn't sound like a particularly binding agreement
> or even an agreement at all.
>
> I mean, LL could put in: "when you agree to this you are agreeing to the
> provision that your First Born will be sacrificed to FSM at our
> convenience," if they wanted to, or any other reference to any other
> future situation that has no relevance to the main intent of the EULA...
>
>
> This doesn't sound sufficiently focused to stand up in a court of law.
>
>
> Lawson

Right, we could argue about LL's "good will" or whether which clauses
would stand up in court -- the point is do *you* want to be the one to
put your life on hold to test your legal theories out? Even if you're
right you're screwed!

This is the clearest signal yet that there is no SL "ecosystem" nor
will there ever be, and anyone not directly contributing to LL's
business model should develop for OpenSim.

Cheers,


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