[Opensim-users] ToS and HG

[Sarge Misfit]

Location, or jurisdiction actually, is definitely a big factor. From
what I have seen is that it is the location of the grid's "official"
headquarters that is the deciding factor. However, every ToS that I
have seen also specifically states the jurisdiction, so it may be that
I would have to include that as a requirement. I had planned to
anyway, but its a good idea to raise that issue to, for the benefit of
others. I don't think its about how strict a law is. Having worked as
a researcher in a law office (quite some time ago), I can tell you
that this is pretty new ground, so we may be developing precedent
here.

 I just don't want to be the chum that gets tossed into the pool :-)
But I also don't want to end up with some overly long legalistic ToS,
either. I want to develop one that is in plain language and easy to
understand. In fact, I am using SL's ToS as an example of what NOT to
do *chuckles*

On 9/13/11, Robert Martin <robertltux at gmail.com> wrote:
> On Tue, Sep 13, 2011 at 12:24 PM, Sarge Misfit
> <fubat.enterprises at gmail.com> wrote:
>> Doesn't HG already land a person at 128, 128, ground?
>>
>> The reason I'm asking about this is that I am planning on making my
>> stand-alone public and having a good ToS in place is important. I
>> don't want to end up setting up a visitor as violating anything. Other
>> recent discussions have raised this issue, mostly about avatars, but
>> also the very important issue of intellectual property protection.
>>
>> For example, the DMCA applies to US-based grids, but I'm Canadian, so
>> my ToS should include something about Canadian IP protection law
>> having jurisdiction. I think.
>>
> The real hook is that the law gets "messy" since there are possibly 3
> different countries involved and the overlap in laws may cause
> conflicts.
> 1 users physical location
> 2 users POP /network "location"
> 3 location for the grid server/ grid owner <---- this may actually be
> a fourth location
>
> I would think that somebody needs to throw enough "chum" into a shark
> pool to get this sorted out as a first pass effort.
>
> In this case i think that the stricter law applies (which would be the
> US DMCA) for those using a Canadian Grid in the US.
> --
> Robert L Martin
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