Renderosity Products NOT Allowed at Second Life
September 24, 2013 4:33 pm
In the past, we have allowed a Buyer to use Renderosity products for their use in the Second Life virtual world, as long as the Buyer does not sell or give away the files. However, the new TOS at Second Life gives Second Life the complete ‘rights’ over anything uploaded at their site as of the date of their new TOS. Second Life’s new TOS conflicts with our Renderosity license because it says,
“Except as otherwise described in any Additional Terms (such as a contest’s official rules) which will govern the submission of your User Content, you hereby grant to Linden Lab, and you agree to grant to Linden Lab, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), modify, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You agree that the license includes the right to copy, analyze and use any of your Content as Linden Lab may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service. The license granted in this Section 2.3 is referred to as the "Service Content License."
Our license “grants the Buyer a…NON-TRANSFERABLE license….[Buyers] may not distribute the Product or any of the Product’s files….in any format for sale or free.” Given Second Life’s new TOS, any Renderosity product uploaded there (even for personal use) is in violation of our license because their TOS is ‘transferring’ the rights them. This is a very disturbing TOS for the rights of anyone uploading items to use on Second Life.
I don't blame you guys, and I can't believe that SecondLife is doing a copyright grab. What is the word on OpenSim? If I buy merchant resources and modify them, am I allowed to use them in my own OpenSim server? Such as using fabric merchant resources to make clothing for use in my sim?
How does this effect previous creations in Second Life? Say that I have used modified textures purchased here in past creations for Second Life. Under this new TOS, would I have to remove them? Or are we just restricted from using them in future creations? is confused
Lovely- they've used the legal way to steal content, art, and all other creative works from the date the TOS went into effect, for every format now used or conceived of in the future for their use. Just another reason why I never bothered with that entire SL ideal/program.
I've ever been anywhere near Second Life so this is all a bit meaningless to me, but shouldn't you be sending out emails if there's a change to the use allowed for Renderosity products? Not everyone who's ever bought anything here is going to see this message!
Which law gives Linden Labs the right to require those rights? Linden Labs must be aware that their users do not hold the rights to these products - at least not, when they do not make everything themselves. In such a case Linden Labs claims are illegal, since they can not require from their users the transfer of rights these users do not have. No matter how many TOS's of this kind they make, the law is not changed by them. This is NOT a legal way.
Sadly, Contract law gives them the right.. same as it gives Apple the right to limit what hardware you run their operating system on or playstation the right to disable Linux on your playstation. You must agree to the terms of service to log in, this forms a contract between you and secondlife. They won't let you on without agreeing to the TOS. So you have a choice, don't use Second Life or agree they own everything you upload in perpetuity.
You cannot grant a copyright or a license to someone for which you do not own the copyright. I cannot email you a copy of the movie GONE WITH THE WIND and say "I grant you the copyright to this movie". The only content Second Life can grab is content for which the copyright is owned by the uploader.
This is why they include the boilerplate that if any part of the contract is found null by a court, the rest of it is still valid. Also, it is more likely that a court would find you guilty of fraud by selling/giving copyright you don't have than them in trouble for claiming copyright on something you gave them. I agree it's not right, I agree that it shouldn't be legal... But that is the state of IP laws in our country. If you upload a book you don't have copyright to onto Amazon, then you get in trouble, not Amazon. If you upload stuff you don't have copyright to onto Second life, then you get in trouble, not Second Life. If you DO have the copyright to what you upload, then your contract says you're licensing the use of such copyrighted material to Linden Labs forever for free. Your not giving them your copyright, your retaining it. But your granting them a perpetual license to use it however they want. You can still use it yourself, you can still sue people for taking it because you still have the copyright... but you can't go back later and tell Linden Labs that they have to remove your copyright material from their marketplace or that they can't sell it for 0L if they want to. Because your contract gave them the license to use it.
Pause for a second; they have to do this. It's also always been this way, unfortunately. In order for Second Life to show your character on someone else's screen, they have to copy your (let's say) skin texture, and provide it to any other users in the area, so everyone can see the same thing. That's copying, in the eyes of the law. That's distribution. This isn't a 'land-grab' on their part, instead I'd argue they're just actually telling you what they've had to do all along. Technically it's impossible to provide the service that Second Life does without extensive and vast copying and distribution of data. You're sending textures and models to between dozens and thousands of people, depending on how many can view a particular item/character. There's no way to do that AND respect copyright law on it, without a legal statement like the one they've included. In summary, this isn't new, it's just them making explicit what was implicit before. And yes, Renderosity should probably have put a stop to it before. As much as they can, anyway... N.b. I don't use Second Life (my partner will not allow it, on the (accurate) grounds that I'm likely to become addicted) but the technical and legal concerns for systems like that are very well known to me.
In my opinion, Second Life has just dragged the sharp edge of the proverbial razor across their own throats! Such legalized theft will not be tolerated for long by any content creator! I will be sure to change my own TOS to state that the content I upload is not to be used in any way at Second Life! Furthermore, I shall be sharing the info about this with all of my friends! And I call for a boycott against Second Life! We can run them out of business folks!
wow I am a Second Life citizen since 2007 and this news shocks me. SL always said with proud that any creation there was property of creators, now they are changing that rule... I guess there will be a turmoil in SL. It seems Linden Labs is doing all they can to destroy SL.
If you re read the TOS, it states ..."Content you upload, publish, or submit to any part of the Service, you affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use". So you have to show you own the items or have permission to let them have those rights. Could be a loop hole that can be used by a lawyer to take back from them.
They aren't claiming "ownership" of any content in the new TOS. In fact, the new TOS clearly states that the copyright holder retains all copyright. What they are doing is grabbing a very broad blanket license which allows them to do anything under the sun with your content, including selling it in direct competition with you, its creator. @cypherfox: While the distribution methods you describe are necessary for running the service, the TOS, as it is written, is not restricted to only those purposes. In fact, the language which used to be in the TOS prior to this version, stated: "You agree that by uploading, publishing, or submitting any Content to or through the Servers, Websites, or other areas of the Service, you hereby automatically grant Linden Lab a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content solely for the purposes of providing and promoting the Service.” That was the previous TOS. Notice it is restricted "solely for the purpose or providing and promoting the Service." The new TOS now reads: “Except as otherwise described in any Additional Terms (such as a contest’s official rules) which will govern the submission of your User Content, you hereby grant to Linden Lab, and you agree to grant to Linden Lab, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), modify, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.” As you can see,the restriction on use "solely for the purpose or providing and promoting the Service" has been removed, and new language added which grabs very very broad "rights" in "any medium now known or hereafter developed." That very clearly is not a restriction to copying content for display on the SL viewer. It's much much more broad than that. This effectively means that they can sell your content in direct competition with you, its creator. In fact, they are already testing selling content on amazon.com and having it delivered to in-world SL, and they recently purchased desura.com which is designed specifically for digital content distribution.
I am seeing similar and broad changes to TOS of a lot of places once used by creative folks transferring rights to the entity's that own the sites instead. Photobucket did something similar last year, forcing me to terminate an account of almost 8 years - DA is getting mighty close as well... it really perturbs me as an artist.
"As you can see,the restriction on use "solely for the purpose or providing and promoting the Service" has been removed, and new language added which grabs very very broad "rights" in "any medium now known or hereafter developed." That very clearly is not a restriction to copying content for display on the SL viewer. It's much much more broad than that." And that's the part that is the problem. Other than that it is pretty much standard that you have to have the right to distribute the game contents just to play the game. The exclusion of that phrase amounts to "All your base belongs to us". DAZ specifically does not allow you to use content in games unless you purchase a license for it. Since I don't create games I never read up on Rendo's version of that. Does your license allow the use of products in games to start with (outside of Second Life now, obviously)
Wow -- that's kind of messed-up on Linden's part. A user purchases something or creates something to use in SL, and by doing so, Linden claims dibs on it? Sounds like a great way to drive away their user base and/or to stifle creativity in their community.