[sldev] The criminalization of open source

[nikki at cf-estates.com]

Quoting Dzonatas <dzonatas at dzonux.net>:

> nikki at cf-estates.com wrote:
>>>
>>> These are the facts. It does not represent my personal view.
>>
>> I can't find your facts. I've read the TOS many times and have   
>> reviewed it again I can't find anywhere the TOS says the Linden   
>> Dollar has no value, nor can I remember it ever saying such. Could   
>> you quote your source or are you repeating a rumor?
>>
> It is not my facts, as it is what it gets compared to.
>
> Terms of Service section:
>
> *1.4 Second Life "currency" is a limited license right available for
> purchase or free distribution at Linden Lab's discretion, and is not
> redeemable for monetary value from Linden Lab.*
>
> http://secondlife.com/corporate/tos.php

This section only states that Linden Lab will not give money for it.  
It does not state that the Linden has no value or in any way deny it's  
value it only makes it clear Linden Lab refuses to buy Lindens.

The TOS stating the Linden is valueless is not fact. It is only a  
common misperception from a careless read or repeated rumors. There is  
no actual fact to the idea and it won't invalidate damages in court.

> I say there is value, but that is not enough to prevent content trades
> that can still be held as no value due to someone else's view of the
> value, or no value, of the Linden Dollar.

The TOS does not say the Linden has no value if a copyright violator  
wants to claim the Linden has no value that will carry about as much  
weight in determining damages as if he sneezed. Value isn't determined  
by the individual views of the defendant.