Last month, I published an article, which I called, "The Psycho SListers." This was a very long article, that included many supporting conversations. Natalie has asked me if perhaps I should change the names in articles such as this. Maybe I should have called them something like, oh, I don't know, something that sounds very similar to their names, such as Whorey Watler, and maybe AngelEEK Asshole. I am an American, where we believe in simple things like the freedom of speech, and freedom of the press, so I didn't really see any problem with calling them by their SL names. I also understand that SecondLife is SecondLife, and not real life, so if I say something like, "Whorey Skank Watler", it's about saying the same thing as, "Barbie is a plastic bitch."
In that article, I included a conversation with someone who has a name that sounds very similar to, um, let's see...something that sounds an awful lot like Divine Cunt--except she doesn't know how to spell "divine" correctly. She gave me a lovely view of both of her faces, pretending to give me a "classic frenemy" confrontation about the article, and then reported me for abuse over it. Her kiss-ass bud, AngelEEK Asshole also contacted me inworld, and asked if I "wanted to talk." Basically, I told her no, because of my familiarity with LL policies. She then proceeded to tell me that my posting of conversations on SLIWT violated TOS, and I had to inform her that she was mistaken.
A few days after Miss Cunt contacted me, I received the email from LL that everyone dreads--the SecondLife equivalent of being informed by the Principal that I was going to be suspended for the next 7 days. Thanks to my extensive High School experience with this type of scenario, I immediately filed my appeal, with full confidence that I had been wronged.
As a blogger, I have probably heard people say "TOS" more than most people, and it always suprises me how little most people know about "TOS." Note that in the email, it specifically states that the violation is "Community Standards: Disclosure", and not Terms of Service.
Since most people are bluffing when they say "TOS" to me, I thought I would go ahead and copy and paste TOS right here for you, just so nobody can start saying things here that are incorrect. I will omit the details of each item, and just post the key points. Anyone can reference those points on the SL website if they so desire.
Terms of Service
1.1 Basic description of the service: Second Life, a multi-user environment, including software and websites.
1.2 Linden Lab is a service provider, which means, among other things, that Linden Lab does not control various aspects of the Service.
1.3 Content available in the Service may be provided by users of the Service, rather than by Linden Lab. Linden Lab and other parties have rights in their respective content, which you agree to respect.
1.4 Second Life "currency" is a limited license right available for purchase or free distribution at Linden Lab's discretion, and is not redeemable for monetary value from Linden Lab.
1.5 Second Life offers an exchange, called LindeX, for the trading of Linden Dollars, which uses the terms "buy" and "sell" to indicate the transfer of license rights to use Linden Dollars. Use and regulation of LindeX is at Linden Lab's sole discretion. .
1.6 Second Life is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at Linden Lab's sole discretion.
1.7 In the event you choose to use paid aspects of the Service, you agree to the posted pricing and billing policies on the Websites.
ACCOUNT REGISTRATION AND REQUIREMENTS
2.1 You must establish an account to use Second Life, using true and accurate registration information.
2.2 You must be 13 years of age or older to access Second Life; minors over the age of 13 are only permitted in a separate area, which adults are generally prohibited from using. Linden Lab cannot absolutely control whether minors or adults gain unauthorized access to the Service.
2.3 You need to use an account name in Second Life which is not misleading, offensive or infringing. You must select and keep secure your account password.
2.4 Account registrations are limited per unique person. Transfers of accounts are generally not permitted.
2.5 You may cancel your account at any time; however, there are no refunds for cancellation.
2.6 Linden Lab may suspend or terminate your account at any time, without refund or obligation to you.
2.7 Accounts affiliated with delinquent accounts are subject to remedial actions related to the delinquent account.
2.8 You are responsible for your own Internet access.
LICENSE TERMS AND OTHER INTELLECTUAL PROPERTY TERMS
3.1 You have a nonexclusive, limited, revocable license to use Second Life while you are in compliance with the terms of service.
3.2 You retain copyright and other intellectual property rights with respect to Content you create in Second Life, to the extent that you have such rights under applicable law. However, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification, to Linden Lab and to other users of Second Life.
3.3 Linden Lab retains ownership of the account and related data, regardless of intellectual property rights you may have in content you create or otherwise own.
3.4 Linden Lab licenses its textures and environmental content to you for your use in creating content in-world.
CONDUCT BY USERS OF SECOND LIFE
4.1 You agree to abide by certain rules of conduct, including the Community Standards and other rules prohibiting illegal and other practices that Linden Lab deems harmful.
4.2 You agree to use Second Life as provided, without unauthorized software or other means of access or use. You will not make unauthorized works from or conduct unauthorized distribution of the Linden Software.
4.3 You will comply with the processes of the Digital Millennium Copyright Act regarding copyright infringement claims covered under such Act.
4.4 Without a written license agreement, Linden Lab does not authorize you to make any use of its trademarks.
RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION
5.1 You release Linden Lab from your claims relating to other users of Second Life. Linden Lab has the right but not the obligation to resolve disputes between users of Second Life.
5.2 Other service or product providers may form contractual relationships with you. Linden Lab is not a party to your relationship with such other providers.
5.3 All data on Linden Lab's servers are subject to deletion, alteration or transfer.
5.4 Linden Lab provides the Service on an "as is" basis, without express or implied warranties.
5.5 Linden Lab's liability to you is expressly limited, to the extent allowable under applicable law.
5.6 You will indemnify Linden lab from claims arising from breach of this Agreement by you, from your use of Second Life, from loss of Content due to your actions, or from alleged infringement by you.
PRIVACY POLICY
6.1 Linden Lab uses your personal information to operate and improve Second Life, and will not give your personal information to third parties except to operate, improve and protect the Service.
6.2 Linden Lab may observe and record your interaction within the Service, and may share aggregated and other general information (not including your personal information) with third parties.
DISPUTE RESOLUTION
7.1 Governing Law.
7.2 Forum for Disputes.
7.3 Optional Arbitration.
7.4 Improperly Filed Claims.
GENERAL PROVISIONS
If you have read the above, and understood what you read, you will note that the only thing that comes even remotely close to addressing the posting of conversations is 4.1. Terms of Service does NOT specifically address the issue of sharing conversations. The posting of conversations is addressed in the Community Standards, and is further defined in the Knowledge Base, under Policy 42 in the Legal Matters Section. The Community Standards are found in the SL Wiki, and can be accessed by entering "community standards" in the search bar on the SL website. There are six main community standards, but I have only included the one regarding disclosure here in this article in an effort to control the amount of space needed to include the information.
Since a lot of people reference TOS, and not Community Standards, or the Knowledge Base, I will go ahead and demonstrate how to access the Legal Matters section of the Knowledge Base, and the section that specifically addresses the posting of conversations.
First, you must go to the website, and click on the "Support" tab on the homepage.
Once you get to the "Support" page, you will see a link, in a kind of orange color, on the right side of the page. This link says, "Knowledge Base." Click here to get to the information regarding disclosure, which is what LL categorizes sharing conversations under.
This is the Knowlege Base page, which, for some strange reason, actually says "Support Center", but this is the page that the orange "Knowledge Base" link takes you to. On this page, you will see a list of categories. Disclosure is found in the "Legal Matters" category.
The Legal Matters section of the Knowledge Base has 6 pages. On the 5th page is where you will find the information regarding the posting of conversations, under Policy 42.
This is EXACTLY what LL has to say about the posting of conversations. Because SLInWorldToday.com is OUTSIDE of a LL server, it is BEYOND the jurisdiction of LL. Another reason why LL can never have jurisdiction over what happens here, or on any other blog, is because there is no way to prove that Rawly the SLIWT writer is the same Rawly the SL resident. If I had chosen a nom de plume, for example, and changed my name to Rawley, or Rawleigh, or whatever, would LL ever be able to take action against anything I had written? By the same token, what if I had chosen the nom de plume of, let's say, for example, Philip Rosedale. Would Governor Linden be suspended over an article that was posted here on this blog?
Upon receiving my suspension email--which, for the record, there is nothing in TOS, Community Standards, or the Knowledge Base prohibiting the posting of such an email anywhere inworld or outside of a LL server--I immediately filed my appeal, following the guidelines that they provided in the suspension notification. Instead of just screaming, "TOS!", I consulted the Wiki Community Standards, and the Knowledge Base Legal Matters, and pasted the relevant information to my support ticket.
What I found rather interesting is that they ammended the Knowledge Base after my suspension was terminated. I had copied and pasted Policy 42 to my support ticket, but anyone can see that it has clearly been changed between the time I filed my ticket and the time that I wrote this article.
Upon submitting my appeal ticket, I got a relatively prompt response. Unfortunately, the congeniality and punctuality of this response was not anywhere near the final result I received regarding my appeal.
Three days had lapsed before I received information that they had "ended the suspension early", because I had posted the conversation outside of a LL server. I did not receive an apology for being the victim of LL violating their own policy; rather, I was threatened that my account would be watched--apparently I may be suspended at any time for continuing to comply with LL TOS, Community Standards, and the Knowledge Base. Nevermind the fact that I am a professional builder and Estate Manager in SL, and the erroneous suspension was detrimental to my obligations; I would think that an apology on behalf of LL for failing to follow their own policies would not be too much to expect.
Natalie had said she thought I should keep my suspension hush-hush, but I don't really see the point of that. On the contrary, I think it is important to publicize it, because I am sure illegal suspensions happen more than anyone is aware of. I doubt that a lot of people know how to find the information they need to file their appeals.
While some people may become angry about being included in the articles, I think it it rather selfish of them to put themselves first, and think they need to consider the reason the story was written in the first place. As long as SL has no accountability, in as far as people can run around counterfeiting, slandering, lying, or doing other things that hurt honest people, the only way to keep anyone in check is with the public forums. I could avoid any drama and turn my back to the things that I see, but I am not one to be intimidated by a cartoon.
