[opensource-dev] Third party viewer policy: commencement date

[Boy Lane]

I've put my summary about TVP on my blog http://my.opera.com/boylane/blog/linden-labs-final-3rd-party-viewer-policy-tpv


Linden Lab's final 3rd Party Viewer Policy (TPV)
TUESDAY, 23. MARCH 2010, 19:15:03

A lot of things are changing, I've voiced my opinion several times, and I want to summarize here what I think about Linden Lab's 3rd Party Viewer Policy (TVP) that can be found here: Policy on Third-Party Viewers | Second Life 

Under assumption of common sense LL produced guidelines that should regulate and control the way people can connect to their service, that is the SecondLife grid. Guidelines which would be correct under the aspect of common sense and I believe LL came from that perspective by initially creating that guidelines in form of the 3rd Party Viewer Policy. 

What went wrong? They gave it in the hands of JohnDoe Linden lawyers who obviously missed the subject completley and overstepped ridiculously. But let's get down to the roots. 

Basically there are 2 core things very wrong with it. Initially LL requires everyone to comply to the GPL licensing. Which is fine as that sets the context. The GPL clearly states a developer has no warranty or liability for the code whatsover, even if that means ones viewer starts a nuclear war against former Soviet Russia or China or both. That clause is included in every single file of sourcecode (not the part about the Russians or Chinese ). LL explicitely disclaims any liability themselves for the resulting world war but then puts exactly that liability back on the shoulders of anyone developing a viewer. 

Not only that, by complying to their TPV a developer would also accept universal responsibility for all and everything "viewer". To be exact, as a developer "You assume all risks, expenses, and defects of any Third-Party Viewers that you use, develop, or distribute." A viewer does not even need to be able or connect to SL for that. 

In this regard it does not matter if a JohnDoe Linden comments on a mailing list or if a legally not binding FAQ tells us that this would be only for usage by connecting to the SL grid. It is not. TPV in it's current form says "I'm responsible (read: guilty) for using, developing or distributing any 3rd party viewer". 

Already by simply developing I'm assuming full responsibility for everything. I could take the official LL sources and compile and distribute a sourcewise identical "official" viewer, without changing a single line of code; but with all the bugs and vulnerabilities *made by LL*. Guilty by TPV. It's really ridiculous. 

This is a clear violation of the in the first place by LL required GPL licensing. It puts further restrictions on developers GPL explicitly prohibits. 

Another point of concern, putting up the RL details (which is pointless as LL has them already and require them by ToS) is required for a listing in the viewer directory. The details of the two guinea pigs who registered (Kirsten's, Metabolt) were promptly published for a day before someone in LL pressed the emergency button. But that was not the first time that LL distributed private details. 

In summary, the policy is legal-technical flawed and not acceptable by any dev in their right mind. What it will achieve is the destruction of any *legal* 3rd party viewer; which probably is the (by some welcomed) goal of LL to close-source the viewer. It will not do anything to stop malicious clients to flourish, the Neils give a shit on policies or licenses. 

The consequence is that no 3rd party developer that uses LL's GPLed sources (including already registered KLee or famed Emerald) can produce a legitimate viewer that is either compliant to GPL and/or violates TPV (which says it must be GPL compliant). Both are mutually exclusive and LL created a nice legal chicken and egg scenario. 

In my opinion there are only 3 possible solutions: 
1) use LL's code and violate TPV 
2) create a viewer from scratch using BSD or another license and comply to TPV 
3) stop developing 3rd party viewers 

Linden Lab already said they do not plan to update their policy again. Therefore only option 3 remains. 

Luv, 
Boy


  ----- Original Message ----- 
  From: Joe Linden 
  To: Ryan McDougall 
  Cc: Argent Stonecutter ; Boy Lane ; opensource-dev at lists.secondlife.com 
  Sent: Monday, March 22, 2010 3:53 AM
  Subject: Re: [opensource-dev] Third party viewer policy: commencement date


  As I've stated repeatedly, the TPV policy governs viewers that connect to the SL grid.  The policy document as worded is explicit about the requirements for developers and for users of TPVs that connect to the SL grid.

  That probably sums up what I have to say about it today, so I'm only admitting that I'm going to use the rest of this Sunday to get some fresh air.

  Cheers,
  -- joe


  On Sun, Mar 21, 2010 at 12:47 PM, Ryan McDougall <sempuki1 at gmail.com> wrote:

    So for any malicious viewer developer, all he needs to do to avoid
    sanction under the TPV policy is claim his viewer has no intention of
    connecting to SL?

    Or are you admitting that you cannot create a terms of use/service
    policy that somehow obligates viewer developers to jump though your
    hoops?

    You should separate the obligations of users and developers, and make
    clear the punishments for non-compliance for each.

    As it is, one would be prudent to assume LL reserves the right to take
    direct legal action against developers, which is quite frankly scary
    for small open source developers.

    Cheers,


    On Sun, Mar 21, 2010 at 9:19 PM, Joe Linden <joe at lindenlab.com> wrote:
    > No, it only governs viewers that actually do connect to the SL grid, not
    > those that are capable of doing so (but don't.)
    >
    > On Sun, Mar 21, 2010 at 11:59 AM, Ryan McDougall <sempuki1 at gmail.com> wrote:
    >>
    >> If so, in effect, the TPV policy governs all SL protocols?
    >>
    >


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