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

Lear Cale lear.cale at gmail.com
Thu Apr 1 09:35:47 PDT 2010


Oops, never mind -- yes it did.  My mistake.

On Thu, Apr 1, 2010 at 12:33 PM, Lear Cale <lear.cale at gmail.com> wrote:

> The previous patent clause did not do what you claim it did.
>
>   On Thu, Apr 1, 2010 at 11:58 AM, Jonathan Bishop <
> bishopj at bishopphillips.com> wrote:
>
>>    > 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**
>>
>> * *
>>
>>
>>
>>
>>  ------------------------------
>>
>> *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.
>>
>> _______________________________________________
>> Policies and (un)subscribe information available here:
>> http://wiki.secondlife.com/wiki/OpenSource-Dev
>> Please read the policies before posting to keep unmoderated posting
>> privileges
>>
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.secondlife.com/pipermail/opensource-dev/attachments/20100401/b81887dc/attachment-0001.htm 


More information about the opensource-dev mailing list