[sldev] [AWG] [META] {EMERGENCY WILL ROBINSON] Jira for meta-gridpermissions change

[Matthew Dowd]

It is kind of pointless anyway - even if the TOS were consistent!
 
My arguments are in the jira entry - but in short, a coherent case can be made that any export to other grids restrictions in either the LL TOS or a content creators EULA may be a contract of adhesion violating a consumer's rights under fair use (and I'm talking about someone using content from one grid in another - not piracy). Apple iTunes gives a good example of a system intended to allow third party purchased on the platform to be available only on that platform (and content providers presumedly signed up on that basis), whose legality has been challenged.
 
Now, whether you agree with that argument or not is sort of irrelevant - this is enough related case law on both sides, that the case would be taken seriously by the courts, and the eventual outcome is by no means certain. So at the moment, all that can be said is that such export restrictions in the TOS and EULA *may* be legally binding, or *may* be unenforceable or even illegal in themselves!
 
Matthew
> Date: Thu, 12 Jun 2008 20:23:41 -0400> From: gigstaggart at gmail.com> To: sldev at catznip.com> Subject: Re: [sldev] [AWG] [META] {EMERGENCY WILL ROBINSON] Jira for meta-gridpermissions change> CC: sldev at lists.secondlife.com> > Kitty wrote:> > Because your definition of the service isn't consistant with how I read it> > which is why I asked. To me it reads like the LL supplied viewer is an> > integral and inseparable part of the service. Since noone is making a> > It's kind of pointless to debate this.> > The TOS was written at a time when the viewer was not open source.> Instead of actually fixing the TOS to encompass the reality of an open> source client and grid, they kept all of the existing clauses and just> added a little exception, "notwithstanding the foregoing you may... use> an open source viewer and create a viewer as the open source license> allows" (paraphrased).
_________________________________________________________________

http://clk.atdmt.com/UKM/go/msnnkmgl0010000002ukm/direct/01/
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.secondlife.com/pipermail/sldev/attachments/20080613/16e99f25/attachment.htm