[sldev] The criminalization of open source

Dzonatas dzonatas at dzonux.net
Wed Dec 19 09:03:16 PST 2007


Nikki Claymore wrote:
> You might want to recompare those messages. I accidentally replied 
> directly to you the first time then redirected the message verbatim to 
> the list.
Ok. When I read what you posted, I felt you left out an essential point 
I made. You did, in a way, paraphrase what I said and seemingly agree to 
that point. The rest of your argument and questions conflicts the point, 
so it was not clear what point you tried to make.


> I would suggest that the rights of the content creators have nothing 
> to do with the form of compensation received whether its USD, EUR, 
> Lindens or frozen turkey's.
Here, you have demonstrated a lack of concern about transactions that do 
not include any form of dollar value from any market. If the virtual 
world is kept centralized and self-contained with all content only 
shared or traded within the world, then your point has some validity. 
That is not the case here, however. The content is not self-contained. 
There is decentralization efforts. The transaction of the trade, or just 
plainly movement of content itself from sim to sim, is not obvious for 
the reason there was a transaction request.

Questions to ask, for example:

1) Was the transaction done because someone bought content?

2) Was the transaction done because sim X needs to express content from 
sim Y?

3) Was the transaction done because someone injected content to in-world?

Each of these questions could carry copyright issues. Each could carry 
different value for the same kind of transaction.

I'm pretty sure sim owners gasps at #2. Wait till regions become more 
open source... omg.. #2 becomes the biggest concern.  I understand if 
you are a sim owner that your concern to what I have said becomes 
obvious. I understand why you want to make sure there is a complete 
separation between dollar value and content being shared to make sure 
there is a seamless imaginable virtual world constituted with IP from 
any content creator.


>>
> That would depend on what court the suit is filed in wouldn't? Looks 
> like Adam knows more about where filing would be needed than me.
>

Adam's answer is a bit of brave legal advice.

What also matters is where the content actually exists and where the 
transactions actually took place -- both are less obvious.

LL's arbitration process is a generous service offer that may help where 
the law doesn't if both parties agree to it. Again, there are limits.

-- 
Power to Change the Void


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