[sldev] My question about intellectual property and Second Life

Michael Schlenker schlenk at uni-oldenburg.de
Sat Aug 30 04:33:55 PDT 2008


Argent Stonecutter schrieb:
> On 2008-08-28, at 20:44, Jan Ciger wrote:
>> Finally, for the people pushing for various "EULA"-like fields in the
>> object properties - you do not know what you are getting yourself into.
>> Your license may not even be a valid license in many places [...]
> 
> It only needs to be a valid license in California and Texas.
> 
> Your idea of using German cut-outs is charming, but the law does not
> work that way. Perhaps you can ignore the GPL in Germany, but you can't
> sell your GPL-violating products back to someone in the US.
True.
> 
> Second Life operates out of California and has an office in Texas. When
> you log in to SL, your "property" is in California and Texas. Not
> Germany or Japan or India or China.
Thats true, but even if the property is 'physically stored' on a server
in California it doesn't mean you can evade customer protection (or
other like VAT) laws of other countries like Germany or other EU
countries. You cannot always force a different legislation on your
customers, e.g. in germany its not working for private persons in
general (there are exceptions), but you can agree on it if your a
corportation.

For example most shrink-wrap EULAs targeting private customers are
technically null and void in germany because contract law demands that
the customer reads them before he buys, which you usually do not or
cannot even do, you only can read them when you install the product. So
being valid in California and Texas might be good but doesn't help you
if you leave those states with any involved party.

Michael





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