[Opensim-users] Fair Use principles

Fri Apr 2 15:46:22 UTC 2010

I wish i could take credit for the document LOL, however all I did was find
it!

However your quote does not support your assertion that "Your Argument for
fair use  does NOT apply to materials obtained illegally", but rather  "that
fact *MAY* affect fair use analysis." [emphasis added]

Using the "reasonable man" standard then if the material were stolen from a
bookstore without payment then "fair use" would not apply, but if there were
merely a theoretical violation of some legal "boilerplate" then this would
not affect the analysis significantly.

Linden Labs is not a government agency and they are in no way empowered to
pass or enforce any laws of any country. In fact the whole area of "terms of
service" ("contracts by adhesion" or "shrink wrap agreements") is under
intense scrutiny by the courts.

I think you will find very similar "terms" in the copyright notice of a book
or a video DVD for example and these examples are directly referenced in the
document.

Linden Labs TOS in no way attempts to restrict the creator form distributing
their own content outside of Second Life, nor in granting permission for
others to do. This is in sharp contrast to the now defunct "There.com" which
required all uploaded content to be inspected, validated, managed and
controlled by them - in effect the content became the property of There.com.

Even the notorious "copybot" (now banned by Linden Labs I understand) merely
used information sent to the user's computer as part of normal (lawful) use
of Second Life. The banning of "copybot" could well be considered as
equivalent to theft of a book, however apart from this (e.g. if the content
were obtained before copybot was banned) the content once on the user's
computer is no longer under the control of Linden Labs!

Karen

On Fri, Apr 2, 2010 at 8:00 AM, dz <dz at bitzend.net> wrote:

> Karen...
>
> Thanks for the guidelines   They are very well done....
>
> However...  Just to make sure we are clear, I want to point out that even
> this document is quite clear..   So I will quote...
>
> "The principles concern the unlicensed fair use of copyrighted materials
> for education,
> not the way those materials were acquired. When a user’s copy was obtained
> illegally
> or in bad faith, that fact may affect fair use analysis."
>
> Your Argument for fair use  does NOT apply to materials obtained
> illegally.    I'm sure you understand that, knowing the "contract" with
> Linden Labs was violated to obtain the content we most often discuss, means
> that fair use no longer applies.
>
> If you know its stolen, fair use is not an excuse.
>
>
>
> On Fri, Apr 2, 2010 at 3:00 AM, <opensim-users-request at lists.berlios.de>wrote:
>
>> Send Opensim-users mailing list submissions to
>>        opensim-users at lists.berlios.de
>>
>> To subscribe or unsubscribe via the World Wide Web, visit
>>        https://lists.berlios.de/mailman/listinfo/opensim-users
>> or, via email, send a message with subject or body 'help' to
>>        opensim-users-request at lists.berlios.de
>>
>> You can reach the person managing the list at
>>        opensim-users-owner at lists.berlios.de
>>
>> When replying, please edit your Subject line so it is more specific
>> than "Re: Contents of Opensim-users digest..."
>>
>> Today's Topics:
>>
>>   1. Scratch 4 openSim (Stephen Devlin)
>>   2. Fair use guidelines for use of Copyrighted content        Education
>>      (Karen Palen)
>>   3. IAR Files (Dan Schneppenheim)
>>   4. Re: IAR Files (ssm2017)
>>
>>
>> ---------- Forwarded message ----------
>> From: Stephen Devlin <stephen.devlin at gmail.com>
>> To: opensim-users at lists.berlios.de
>> Date: Thu, 1 Apr 2010 16:52:28 +0100
>> Subject: [Opensim-users] Scratch 4 openSim
>> Guys,
>>
>> Thanks to those who helped me on the region handshake problem, I got it
>> sorted.
>>
>> BUT now I am using Scratch for OpenSim and when I put it my code in
>> it gives the following compiler error.
>>
>>
>> Error compiling script:
>> Line (0,0): Error CS0042: Unexpected error creating debug information file
>> 'c:\Program
>> Files\OpenSim\ScriptEngines\5c271178-ae51-4ca2-bada-87b89cc3dec8\CommonCompiler_compiled_2e7277a7-0be0-48a3-b332-c2279881a5e9.PDB'
>> -- 'c:\Program
>> Files\OpenSim\ScriptEngines\5c271178-ae51-4ca2-bada-87b89cc3dec8\CommonCompiler_compiled_2e7277a7-0be0-48a3-b332-c2279881a5e9.pdb:
>> The system cannot find the path specified.
>>
>> Can anyone help me? Does OpenSim support Scratch
>>
>> Regards
>>
>> Stephen
>>
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: Karen Palen <karenpalensl at gmail.com>
>> To: opensim-users at lists.berlios.de
>> Date: Thu, 1 Apr 2010 08:56:53 -0700
>> Subject: [Opensim-users] Fair use guidelines for use of Copyrighted
>> content Education
>> This is an authoritative article on using all kinds of Copyrighted Content
>> in Education.
>>
>> It was prepared by a panel of legal experts and reviewed by practicing IP
>> lawyers.
>>
>> It should clarify some of the issues surrounding use of Virtual World
>> (e.g. Second Life) content.
>>
>> While the article is written for Educators, it is also applicable to many
>> types of uses which are allowed under the "Fair Use" exemption.
>>
>> http://www.centerforsocialmedia.org/files/pdf/Media_literacy_txt.pdf
>>
>> See also th e"Creative Commons" license http://creativecommons.org/
>>
>> This license is designed to avoid abuse such as someone simply
>> appropriating freely available content and falsely claiming it as their own.
>>
>> My suggestion is that any content that you wish to donate for general use
>> be licensed with a Creative Commons license rather than simply labeled as
>> "public domain".
>>
>> Karen
>>
>>
>> ---------- Forwarded message ----------
>> From: Dan Schneppenheim <djschnepp at gmail.com>
>> To: opensim-users at lists.berlios.de
>> Date: Thu, 1 Apr 2010 17:10:21 -0400
>> Subject: [Opensim-users] IAR Files
>> Can someone tell me how to load a iar file in Grid mode?  I cant seem to
>> find anything on it.
>>
>> Regards,
>> Dan
>>
>>
>> ---------- Forwarded message ----------
>> From: ssm2017 <ssm2017 at gmail.com>
>> To: opensim-users at lists.berlios.de
>> Date: Thu, 1 Apr 2010 23:37:15 +0200
>> Subject: Re: [Opensim-users] IAR Files
>> did you try that ? http://opensimulator.org/wiki/Inventory_Archives
>> or that ? http://justincc.org/blog/category/iars/
>>
>> 2010/4/1 Dan Schneppenheim <djschnepp at gmail.com>:
>> > Can someone tell me how to load a iar file in Grid mode?  I cant seem to
>> find anything on it.
>> >
>> > Regards,
>> > Dan
>> > _______________________________________________
>> > Opensim-users mailing list
>> > Opensim-users at lists.berlios.de
>> > https://lists.berlios.de/mailman/listinfo/opensim-users
>> >
>>
>>
>> _______________________________________________
>> Opensim-users mailing list
>> Opensim-users at lists.berlios.de
>> https://lists.berlios.de/mailman/listinfo/opensim-users
>>
>>
>
> _______________________________________________
> Opensim-users mailing list
> Opensim-users at lists.berlios.de
> https://lists.berlios.de/mailman/listinfo/opensim-users
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://opensimulator.org/pipermail/opensim-users/attachments/20100402/faedb6f8/attachment.html>