[opensource-dev] New TOS - Compulsory patent licensing gone?

Jonathan Bishop bishopj at bishopphillips.com
Thu Apr 1 08:58:16 PDT 2010


> Simon Disk:

> Could be wrong but I read the new ToS as lumping patent rights under
Intellectual Property Rights and then compelling the user to grant a license
under IPR (and therefore also patent rights).

 

Yes.  I agree.  That seems to be the case.  S4.1, S7.1, and S7.2, however
don't seem to do what the previous patent peace clause did however.   This
one entitles LL to deal with the IP, but it does not extinguish the right
for an creator to assert patent rights over content with respect to the
created content of other creators, so it does not seem to go as far in
ensuring patent peace as the previous TOS.  In fact by grouping patents with
copyright and trademarks under IP it looks to me like it might have the
opposite effect - to actively endorse the establishment and assertion of
such rights with respect to patents.

 

I wonder if this was intended.  There are strong arguments on both sides of
the view, but given Ginsu Linden's (Linden Lawyer) previous strong
pronouncements against patents in software generally and specifically in the
context of user generated content in SL, a TOS that appears to omit the more
encompassing patent peace clause is surprising.    

 

No doubt there is a reason for it, but I can't see the intrusion of patent
protection into SL content as beneficial for innovation and advancement of
the VW concept at this early stage in the game.

 

 

Regards

 

Jonathan Bishop 
Managing Director

 


 

Bishop Phillips Consulting | Melbourne, Australia - Vancouver, Canada
Mobile +61 411.404.483 | Office +61 (3) 9525.7066 | Fax +61 (3) 9525.6080
bishopj at bishopphillips.com | www.bishopphillips.com
<http://www.bishopphillips.com/> 

 

 

 

  _____  

From: opensource-dev-bounces at lists.secondlife.com
[mailto:opensource-dev-bounces at lists.secondlife.com] On Behalf Of Simon Disk
Sent: Thursday, 1 April 2010 11:48 PM
To: opensource-dev at lists.secondlife.com
Subject: Re: [opensource-dev] New TOS - Compulsory patent licensing gone?

 

Could be wrong but I read the new ToS as lumping patent rights under
Intelectual Property Rights and then compelling the user to grant a license
under IPR (and therefore also patent rights).

 

Under section 4.1 it defines IPR as:

 

"Intellectual Property Rights" means copyrights, trademarks, service marks,
trade dress, publicity rights, database rights, patent rights, and other
intellectual property rights or proprietary rights recognized by law.

 

Then under section 7.1:

 

You retain any and all Intellectual Property Rights you already hold under
applicable law in Content you upload, publish, and submit to or through the
Servers, Websites, and other areas of the Service, subject to the rights,
licenses, and other terms of this Agreement, including any underlying rights
of other users or Linden Lab in Content that you may use or modify.

 

Then under 7.2:

 

You agree that by uploading, publishing, or submitting any Content to or
through the Servers, Websites, or other areas of the Service, you hereby
automatically grant Linden Lab a non-exclusive, worldwide, royalty-free,
sublicenseable, and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the Content solely for the
purposes of providing and promoting the Service.

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