Tuesday, July 25, 2017

Linden Lab Updates Terms of Service, DMCA Process Stricter

Linden Lab recently announced that there will be an update to the Second Life Terms of Service, which will take effect on July 31. One noteworthy change is that concerning DMCA (Digital Millennium Copyright Act) notices, in Section Twelve, Part Two, at the bottom of the ToS page, or their "Intellectual Property Infringement Notification Policy."

To begin with, the Lab will not respond to any DMCA requests made inworld. Anyone interested has to either fax them, at, (415) 520-9660, or send a "snail mail" letter.

Linden Research, Inc.
945 Battery Street
San Francisco, California 94111
Attention: Intellectual Property Team

Then there was the following:

Please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys' fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing.

Looking up this law, it basically states, "anyone filing a claim they either know is false or unsure whether it's true or not may be taken to court." Or as Hamlet Au not so delicately put it, "If you waste our time with frivolous claims, we may just sue your a**."

Hamlet Au got several responses to his article, all positive. One responded, "This is a good thing. I know two recently who have had DCMA filed against them out of jealousy of (a) better product. " Another commented, "This change has been a long time in coming - many genuine SL merchants do NOT have the finances required to mount a defence on every claim no matter how frivolous, which has been one of the weaknesses of the DMCA with regards to SL. The threat of actual blowback in the event of malicious claims should also cut out some of the adventurism in this regard. It's one thing to write a policy and another to enforce it, though. Let's see how it affects things when it finally goes into effect."

So it seems Linden Lab made a move that, for a change, is getting approval from the residents. As one stated, it remains to be seen how it changes things.

Hat tip: Hamlet Au

Bixyl Shuftan

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