Linden Lab Updates Terms of Service Section 2.3

It was August last year that Linden Lab made one of their most controversial Terms of Service updates. Specifically, section 2.3 had been changed in a way that some interpreted as saying the Lab reserved the right to sell content created by residents or otherwise distribute without any compensation for the creator.


[..]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.[..] 

Seldom in the history of Second Life have a few lines generated such controversy. Texture websites began baring the downloading of content for use in Second Life, Noted entertainer Tuna Oddfellow took his Odd Ball out of Second Life to InWorldz for a time, a "United Content Creators of SL" group was created in response, a conference was held to discuss the issue, and more. Although Linden Lab expressed regret about the misunderstanding, the Terms of Service remained unchanged. In April, the new Linden Lab CEO Ebbe Linden told a crowd of listeners the terms would change. Finally On Wednesday July 16, The Terms of Service were changed, including the controversial section 2.3.

[..] ... 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, broadcast, translate, make derivative works of, and sell, re-sell or sublicense (through multiple levels)(with respect to Second Life, Inworld or otherwise on the Service as permitted by you through your interactions with the Service), and otherwise exploit in any way manner whatsoever, all or any portion of your User Content (and and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now know or hereafter developed, and with any technology or devices now know 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. ... [..]

Curiously enough, not only did one need to agree to the terms to log on to Second Life, but also to log into Linden Lab's website, secondlife.com. This has raised a few eyebrows on the official forums.

With the words "with respect to Second Life, Inworld or otherwise on the Service as permitted by you through your interactions with the Service," it would appear at first glance the Lab has finally made the change desired by those whom have kept asking for almost a year. On her blog though, Inara Pey was not willing to say quite yet that it had.

"Moreover, the limits as stated would appear to stand in contradiction with a further clause in the Terms of Service which was introduced with the August 2013 changes, and remain unaltered with this update. To wit: that Linden Lab can 'otherwise explot in any manner whatsoever, all or any portion of your user content (and derivative works thereof), for any purpose whatsoever.' Hence to the untutored eye, it is actually hard to discern what the Lab is in face saying with this upfate, or what they are actually adressing."

So perhaps the final words on the matter have yet to be made.

Official forums thread: http://community.secondlife.com/t5/General-Discussion-Forum/A-new-TOS/td-p/2777928

Second Life Universe forums thread - http://www.sluniverse.com/php/vb/general-sl-discussion/97904-new-terms-service.html

Inara Pey's article - http://modemworld.wordpress.com/2014/07/16/lab-updates-section-2-3-of-their-terms-of-service-will-it-calm-doubts/

Bixyl SHuftan