[Opensim-users] Correcting some errors

[Karen Palen]

Reply blocked by Yahoo!

--- On Sun, 2/28/10, Michael Cortez <mcortez at gmail.com> wrote:

> From: Michael Cortez <mcortez at gmail.com>
> Subject: Re: [Opensim-users] Correcting some errors
> To: opensim-users at lists.berlios.de
> Date: Sunday, February 28, 2010, 3:09 PM
> From: Karen Palen <karen_palen at yahoo.com>
> > That is not piracy, the legal doctrines are "fair use"
> and
> > "first sale" if you care to research them, Wikipedia
> does a
> > fairly good job of explaining them and I will look up
> the
> > case law if you really want.
> >
> > The content that I am moving from Second Life to MY
> sim are
> > one or more of these:
> >
> > 1) Stuff I built myself
> >
> > 2) Full permissions under SL DRM system (when
> purchased or
> > obtained that way)
> >
> > 3) Moved with the explicit permission (sometimes at
> the
> > request of) the creator.
> >
> > I add the caveat to 2 above since about half of my SL
> > inventory is now "full perm" due to a Second Life
> database
> > glitch that reset the all of the permission flags. ALL
> of
> > that content remains on SL only!
> 
> I am somewhat curious about your opinion on the argument
> that the legal doctrines of Fair Use and First Sale don't
> actually apply to content in Second Life because you are not
> actually purchasing a tangible good.
> 
> Rather, some argue that you are purchasing a license for
> the use of content within the framework of the virtual world
> -- where within that framework you are licensed the ability
> to optionally Copy, Transfer or Edit the content.
> 
> Therefore, because you have not actually purchased a good
> and the license specifically applies only to that virtual
> world, transferring or otherwise using the content outside
> of that framework is a violation of your license.  The
> analogy being, electronic purchase of a license to use
> software (such as Adobe Creative Suite [Photoshop], or Turbo
> Tax) where that license generally permits you to install the
> software on a limited number of computers, and does not
> permit you to resell, give away, or otherwise transfer
> ownership (of the license or the product.)
> 
> When I first heard this argument, the person promoting it
> backed it with verbiage from the Linden Labs' Second Life
> Terms of Service where it indicated that creators of
> software were *licensing* their content for use *within* the
> system.
> 
> Now of course, purchasing products outside of the system
> via the various websites complicates matters -- because
> those sales don't take place within the system in the first
> place -- but the products are delivered within that system.
> 
> Feel free to reply off-list, as I'm not going to delve much
> into the argument -- just curious since you indicated that
> you "DO know something about IP law."
> 
> --
> Michael Cortez
> 
> 
> 
> 
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