Wednesday, November 13, 2013

2013 IPRIGHTS: Email from UCCSL to Peter Gray dated November 11, 2013

Email from UCCSL to Peter Gray 
November 11, 2013
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UNITED CONTENT CREATORS OF SL

TO:                    Peter Gray

FROM:              Kylie Sabra & The UCCSL Council

DATE:               November 11, 2013

After a meeting of the Council of the UCCSL Noon, Sunday, November 3, 2013, and subsequent vote by membership; below are the issues we find of concern in the current Second Life Terms of Service.

We hope to work together to resolve these issues, and in the creation of a new terms of service agreement that grants Linden Lab the license it requires while honoring and protecting the rights of content creators.

FROM SECTION 2.3 OF SL TOS

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, sub license (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 …

The problematic terms in the above language are:
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1. Unlimited is far too broad
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We would prefer to see limitations on the license. We are unsure of exactly what is the intention behind the assertion of this right but the purpose that we glean from the context it is to transfer user content to third parties. Accordingly, we would appreciate reports of transfers of content so long as we are present (active account holders) in the Second Life virtual world.
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We would also appreciate some limitations on transfer of content. For example, those creators who have withdrawn from SL due to the change in ToS as well as those who have not logged in to accept the new Terms should be excluded.
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Another example of an acceptable limitation would not be a restriction at all but a reporting and attribution requirement. Specifically that all creator content sold or transferred by Linden Lab will be 1) attributed to its original creator and 2) a report of the transfer provided to its creator.
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2. Perpetual
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The perpetuity of the license is somewhat acceptable for member creators as it applies to copies of works already sold and in other inventories until the account associated with that creator is terminated. The perpetuity clause is not acceptable however as it relates to creators’ personal inventories and their original works. We would like a limitation that would reflect that distinction.
3. Sublicense 
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We would prefer if the license granted to third parties is restricted to the original terms under which the content was originally uploaded i.e. that the third party does not inherit the “unlimited” rights acquired by Linden Lab under the new provision 2.3.
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4. Purpose of use needs to be limited
The language "for any purpose whatsoever in all formats" is far too broad and unacceptable. We would prefer that language be limited and would appreciate your input in this regard as we are not convinced that the language above adequately recognizes the rights of different categories of content creators, for example visual artists.
Finally, I would like to arrange a meeting to discuss the options we present in this letter and to present a few other ideas we believe would result in a more co-operative relationship between Linden Lab and its creator community.
Also, please provide an update on Linden Lab's efforts and intention, if any, to modify the current ToS.
I look forward to receiving your feedback.
Kylie Sabra, Council Facilitator
United Content Creators of SL
 -
UCCSL Council
Council Facilitators
                                        Kylie Sabra                                                   Trinity Yazimoto
 -
Tactical Teams

                                        Legal                                                          Juris Amat
                                        Press                                                          Kylie Sabra
                                        International Communications                 Trinity Yazimoto
                                        Social Media                                             Thinkerer Melville
                                        Special Events                                          Amethyst Jetaime
                                        Membership                                              Christy Cobalt
                                       
Guild Leads

Animators                                        Christy Cobalt                  
Artists & Machinimists                   Dacob Paine & Mater Rhode         
Builders                                           libtc65                                 
Fashion, Avatars & Accessories  Lovecat Thei                    
Musicians                                        Yavanna Llanfair      
Scribes                                           Farzaneh Eel                    
Scriptmakers                                  Leona Mantarai              
Sculptmakers & Meshmakers     Kitsune Lassiter            
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