Looking Back: The ToS Content Creator Controversy

 

 There's no denying Linden Lab was pretty smart in creating Second Life and keeping it updated over the years. But unfortunately, they've also been known to make some blunders as well. Ten years ago was when they made one of their most memorable, a change in the Terms of Service that basically stated they could take the hard-made work of content creators, and sell it as their own. The result was an uproar of criticism, by both people accusing Linden Lab of plotting to rip off it's residents, and people criticizing them for refusing to own up to it's mistake of poorly written language and correct it.

Read the story in Extra.

 

Top Stories of The 2010s, Part Four

The 2010s are over. But as we say goodbye to the decade, there's some looking back at what happened. The Newser has covered much in the past ten years, and we're looking at some of the top stories that made the news and got more attention than most.

Read the fourth part of the series in Extra.

Kylie Sabra to Sing at "Fashion For Life"

Today at 1PM SL time, Kylie Sabra, known for her managing the Rose Theater, her being an advocate for content creators' rights in the 2013-14 ToS controversy, as well as her line of outfits, will be singing at the "Fashion for Life" event.

The location given is listed as: FFL CentralPark North (62/193/23).

Other events today include DJ Coniefacio at 12:00 noon, and at
3:15 pm music by T1 Radi. There will also be a fashion show at 10 AM at FFL CentralPark South ( 96/251/24).

For those wondering how Kylie Sabra sounds, here's a sample: "Lover Undercover."

Interview with Kylie Sabra

Late last month, Second Life Newser awarded Kylie Sabra, the manager of the Rose Theater, as runner-up for "Man of the Year" of Second Life for 2014 for her work with the United Content Creators of Second Life, and the Content Creator controversy. Later on, we contacted this newsmaker of last year and arranged for an interview. Kylie talked some about the UCCSL and the situation it confronted. But she also had much to say about what she was doing before the controversy, and after she had left it behind.

Read the interview in People.

Commentary: Who Else Would Have Gotten "Man of the Year?"

By Bixyl Shuftan

The "Man of the Year" will be an article we hope to be doing this time of year from here on. We've gotten a few complements on it (thank you). Though there was a question raised: Who would have won if the Newser had done this from it's first year?

For 2010, the winner would likely have been people whom sadly had lost their jobs. The news that Linden Lab had given 30% of their workforce, including some popular Lindens, shook the Second Life community like few things ever had. People began wondering if the Grid was on a downward slump it couldn't recover from. That some popular Lindens such as Blue and Teegan were given pink slips gave others the impression the people in charge were sending a message to the others: "No fraternization with the masses." So the title would probably have gone to "The 30%." Others whom would have been in the running include Jessica Lyon for organizing Team Phoenix which created what would be Second Life's most popular viewer, Team Emerald for demonstrating how *not* to run a Third Party Viewer team with their hacking of a critic's website and the outright defiance against Linden Lab that led to the banning of a number of members. and Philip Linden / Philip Rosedale for coming back for a few months as interim CEO.

For 2011, the probable winner of the title would have been the new CEO Rodvik Linden / Rod Humble. His arrival with years of experience in the computer gaming industry gave many residents hope that Linden Lab was back on track. Others whom figured large in the news included zFire Xue for his controversial RedZone that raised many privacy fears, and for being among the few whom went to prison as a result of his activities inworld, Battlestar Galactica roleplayers for successfully negotiating with the real-life Universal corporation and being able to continue their games and therfore providing a precedent for similar groups in future years, Ozimal and Ammaretto for the lawsuit filed by the former on the latter (pointless in the opinion of the writer) which Ammaretto would eventually win, and Second Life's "pony" fans for introducing a new type of avatar and a new community that despite their first sims being taken down due to griefers soon bounced back and was on the Grid to stay.

2012's most influential newsmakers, and therefore whom would have been the collective "Man of the Year," were probably the SL9B team. When Linden Lab announced that they would no longer be sponsoring the event and suggested the various communities hold their own celebrations, various residents refused to take the news lying down and instead banded together to organize it themselves. Second Life's Ninth Birthday proved that while Linden Lab may have provided the software and the sims, it was the residents that truly made Second Life what it is. Other newsmakers included Crap Mariner for his publicizing SL9B with his series of videos, Rodvik Linden for his decisions such as new games and platforms for the Lab such as the "Patterns" game, Qarl Fizz (formerly Qarl Linden) for his work on the mesh deformer, and the Star Trek Community for successfully negotiating with Paramount to be able to continue their roleplays in Second Life.

2013 was dominated by two controversies, both about Second Life's Terms of Service. One was about third-party Linden exchangers, which Linden Lab tried to ban. While most folded, the Podex Exchange headed by Jacek Shuftan remained open, saying they had a duty to their customers and tried to talk to the Lab. But the Lab would not listen to him and temporarily gave him the boot. It was ultimately up to the Second Life masses whom rose up at once in protests, many threatening to leave, who got Linden Lab to partially back down and allow third party exchangers to remain (but not buy Lindens back). So for his work Jacek Shuftan would have gotten runner-up. The second controversy was the longer lasting Terms of Service Content creator controversy, of which the opposition was organized under the United Content Creators of Second Life group, founded and headed by Kylie Sabra. Despite that Linden Lab wouldn't budge until the following year under a new CEO, Kylie Sabra's efforts would have gotten her "Woman of the Year" for 2013. Others in the running would have included Tuna Oddfellow for his protesting the ToS issue by moving his performances to the InWorldz Grid, which spurred numerous others to take a look at the alternative virtual world, the SL10B team for organizing the effort to celebrate the Grid's tenth anniversary, and the Relay for Life volunteers for their "100 Years of Hope" season which celebrated the American Cancer Society's centennial.

Just as we take a look back to see whom made a difference in Second Life in the past, the Newser team looks forward to spreading the news about who does so in the future.

Bixyl Shuftan

Man of the Year: Runner-Up and Honorable Mentions

Runner-Up: Kylie Sabra

Late last year, the burning issue among residents, especially builders, was Linden Lab's change in it's Terms of Service regarding content creators. Although it began in September 2013, it would continue into 2014. And the one person whom did the most about this issue was Kylie Sabra, the head of the United Content Creators of Second Life group that was organized in response to the controversy.

By March 2014 though, Kylie was ready to move on, due to both personal reasons and Linden Lab's lack of a response over the past several months. But a few weeks later, the new CEO Ebbe Linden would speak on the matter, and a few months later the controversial wording was changed.

Except possibly for the development of "SL 2.0," the Terms of Service issue was Second Life's most controversial issue. And for leading the effort to confront it Kylie Sabra gets the Runner-Up for Second Life's Man (or woman in her case) of the Year.

Other people whom were suggested were, Draxtor Despress for his "Drax Files" videos about the people helping to make Second Life what it is, Barbie Alchemi for leading the Creation for Parkinson's group, and the Relay for Life volunteers for continuing their work on the most successful online fundraiser.

Bixyl Shuftan

"Time To Move On" - Kylie Sabra Leaving the UCCSL

For months, Kylie Sabra tirelessly led the United Content Creators of Second Life group, a group created in response to Linden Lab's change of it's Terms of Service in reguards to the rights of content creators. She had urged level-headed dialouge with the Lab. In February, she concluded the Lab had no intention of changing the terms to ease the concerns of builders, saying the group had to pursue other options if it wanted the Lindens to change. In her latest post a few days ago, she announced she was moving on from the UCCSL.

LoveCat Thei and I had hoped to create  group that would benefit creators, but we had also hoped that others would join us in providing much-needed services. Alas, no one stepped forward to take on any of the tasks that would need to be accomplished in order to bring you those services. ... LoveCat and I both earn incomes from our work here and realize that as much as we want to contribute, we need to take care of our families first. I wish we had more impact on effecting change to the ToS. Failure does not sit well with me, but when it comes I know that I simply have to get up and move on with life.

Kylie mentioned a detail that she felt was a sign the ToS move was not a power grab, "I would like to point out something that has come to my intention, that cements for me that Linden Lab does not intend to steal our hard work. ... Linden Lab recently approached an in-world artist and entered into a written contract to use their photos to promote Second Life." Still, she felt the Lab could have handled the issue much better, and the consequences would be long lasting, "Whether the ToS sits well with us from a moral/ethical standpoint is moot. They are within their rights to do as they wish. I think it unfortunate that they chose such inflammatory wording. ... we will never again feel that we are partners in this endeavor with Linden Lab: We will never again trust so blindly as we once did."

For now, the UCCSL group is still open, though Kylie may close it if membership plummets. She also stated she would continue to speak out in the future about other issues.

"Wishing you all a pleasant goodnight–for now."

Bixyl Shuftan

UCCSL Leader Kylie Sabra: "Linden Lab Has No Intention of Making Any Change to the Terms of Services"

Since forming the United Content Creators of Second Life in October 2013 , Kylie Sabra has been tirelessly been urging Linden Lab to undo it's changing of it's Terms of Service in regards to content uploaded, which many residents interpreted as the Lab saying they could take and sell the content made by residents at any time without any compensation, or at least modify them to recognize the rights of content creators. At the same time, she was urging calm, saying as long as reasonable and friendly negotiation with the Lab was open, there was nothing to be gained by angering the Lindens. To do so could very well end the chance of negotiation and rewording the ToS back to the favor of Second Life's builders.

On January 30th, Kylie posted on the UCCSL blog a different message. She had given up on getting Linden Lab to change its way.

I mentioned at the end of December that would be sending a personal letter to Linden Lab, and I did not share that with you. However, it is clear to me now that Linden Lab has no intention of making any change to the Terms of Services. As many pointed out, the first two responses were merely smokescreens

Kylie showed the letter to Linden Lab later in her post, addressed to Peter Gray, Linden Lab's Director of Global Communications. This was her final plea to the Lab.

It seems my emails to you have been lost in the hubris. It’s unfortunate that a formal CMRR letter is required to receive an answer. As we move into 2014, I am transitioning the group. We still believe that the ToS is abominable and the lack of follow-up from Linden Lab has only served to increase the anger and frustration of creators. I imagine the Lab thought that if they just ignored the outcry it would diminish. That has not proven to be true.

I am looking to the future and I believe the more we work together the more success we will all realize. Right now there exists a deep chasm between the Lab and Creatives. I’m willing to work to bridge that, but I need your help.

Kylie would go on to describe her real life difficulties, and how Second Life had become important to her real life income. The change in the Terms of Service made her feel like she was on a "sinking ship," going on to say, "I am fearful. This ToS does not bode well for any sense of security in my future here."

Attached to the letter was a list of content creators and their various reactions to the ToS controversy, from ceasing their building to taking their business entirely to another Grid.

I have given valuable tools to the group to use as individuals toward the end of effecting change in the ToS. Whether they use them or not, is their decision. How I’d like to say, “Hey, you don’t need to do any of those things because we are making headway.”

Peter.  It’s broken. Let’s work together to fix it. I have the voice to help with that, but need something concrete, worthwhile to say.

But there would be no answer.

Kylie felt the ball was now in their court as to their next move. One option she felt was worth pursuing was appealing to the US Government, "I have sent my own letters to the government entities as cited in our Google Docs.... The U.S. government has interceded in cases like this before, without anyone going to court. If you are not in the U.S., then by all means send the letters to the applicable government agencies in your country."

There was one other option. In March, there will be a "grid-wide corporate logo hunt." I had a chat with someone who explained that the purpose of this hunt was to expose copyrights being violated. With Linden Lab claiming the ability to use any content uploaded for whatever purpose they wish, an argument could easily be made this is also an acceptance of responsibility for any material copyrighted in real life uploaded by others without permission.

After the blog post was announced in the UCCSL group, there was a chat about it about this and the departure of Rod Humble. I also had a IM chat with Kylie. She didn't have much else to tell the Newser what wasn't already in her statement. Only she had worked hard for a while, and was going to take a short break from dealing with the ToS controversy. It was now time for others to step in. While there was a role for the press in helping to keep the public informed about the issue, it would also take the content creators themselves, and their customers, to get the Lindens to eventually reverse their decision.

For Kylie's blog post, check the UCCSL Blog (Here).

Bixyl Shuftan

Linden Lab to Content Creators: We're Still Thinking It Over

Daniel Voyager reports on his blog that the communications between Linden Lab and the United Content Creators of Second Life group is still continuing. That's the good news. Unfortunately, there's not much new information to go on, other than the Lab hasn't made a decision on how to reword the section of the Terms of Service regarding content creators' rights.

Thank you for your group’s letter. As mentioned in my last note, we have been reviewing what changes could be made in light of the concerns expressed by some Second Life content creators. The Terms of Service impact all of our products and services, and the careful process of reviewing, evaluating, and making any revisions does take some time; we greatly appreciate the continued patience of concerned Second Life content creators while we do so as quickly as we can.

Kylie Sabra, the spokeswoman of the UCCSL, thanked the Lab's messenger for his response, reminding him they would continue to check in for more responses, "In cases such as this, silence is not golden."

In the meantime, the ToS controversy continues.

Source: Daniel Voyager's Blog

Linden Lab Responds to Content Creators in E-Mail

By Bixyl Shuftan

Last Friday, there was finally some word from Linden Lab regarding the ToS controversy. On Tuesday Oct 22, The United Content Creators of Second Life group sent an open letter to Peter Gray, Linden Lab's Communications Director. They asked for a meeting with people from the Lab in order to "resolve these issues and concerns … regarding the August 2012 Terms of Service, specifically Section 2.3." On Friday August 25, Kylie Sabra, the leader of the UCCSL announced they had received a response.

In Peter Gray's email, the Lab stated "we greatly value Second Life's content creators" and "we remain committed to providing Second Life as a platform on which residents can create and profit from their creations." They insisted, "the revision of the Terms of Service was made in order to further extend the ability of content creators" to sell their wares through other means owned by Linden Lab, notably their Desura distribution platform, "not just within Second Life."

However, there would be no meeting with the content creators, "We believe that it would be more fruitful to avoid further debate of the assertions made to date regarding the intent and effect of our updated Terms of Service, and instead focus on whether there may be an approach to address the concerns that have arisen in the community." A statement that could be seen as aimed at criticism of the ToS as a whole.

The Lab stated they were "currently reviewing what changes could be made that would resolve the concerns of Second Life content creators," with the intent of allowing content creators to sell content with Linden Lab acting as their "agent," but there would be no "reverting to the prior wording" of the ToS, "We are optimistic that we will be able to arrive at a mutually agreeable and beneficial way forward, and ask for your group's continued patience as we work to do so."

In a letter to the members of the UCCSL, Kylie saw the Lab's response as basically good news, "I see this as a positive, an opening for ongoing dialoug … They admit that the current ToS does not serve both them and the client base well. It is a tough issue, the protection of content creators' rights and giving Linden Lab the latitude they need to work across multiple services." Kylie did caution, "Bear in mind, this is a business, and they have no obligation to disclose their business plans. And speculation about the whys and wherefores is not productive." But she and the UCCSL "will continue to assert pressure on Linden Lab until we reach a resolution." Kylie also sent an article to the Sim Street Journal. In the article she was critical of Linden Labs for their stand, departing from her usual cautious optimism in recent days.

Gone is Rosedale’s concept that content creators own their work and should even share in the value that is created. Rather, the originating ideology of Philip Rosedale is laid waste with the scythe that is the August, 2013 Second Life Terms of service. This sweepingly destructive tool fells both pride of ownership and pride of creation with sharpened tines of shredding words.

While Kylie appealed for calm (outside her SSJ article), others remained skeptical. Several people responded to Daniel Voyager's post on his blog about Peter Gray's email. All expressed some level of skepticism about Linden Lab's intentions. Skepticism was also rife at the Sunweaver Estates where the SL Newser office makes it's home, with a few residents in IMs expressing doubt about Second Life's future. A hint the Lab's message may not be changing many minds on the issue.

The UCCSL group (blog at http:// unitedcontentcreatorsofsl. wordpress.com/) is currently at 458 members, and has been organized in several sections, or guilds, for different kinds of content, artists and filmmakers, fashion designers, musicians, scriptmakers, etc. The group has a headquarters at Angel Manor (131/134/4002).

Sources: UCCSL, Sim Street Journal, Daniel Voyager


Bixyl Shuftan

Legal Discussion of Second Life's ToS by SL Bar Association Pannel

By Bixyl Shuftan

Second Life Bar Association members Kylie Sabra (under her alt Agenda Faromet) and Tim Faith, lawyers in real life, discussed Second Life's new Terms of Service in regards to content creators and their rights. As it turned out, so many people were turning out for the discussion, the setting was moved from the Justitia Virtual Legal Resource Village to the Rose Theater in the Angel Manor sim. The sim was packed with over seventy residents, and the only way more people could get in was if room was made by someone inside crashing. Fortunately there was a livestream available though AView TV. Over most of the discussion over 150 people were viewing the broadcast.

Kylie and Tim made a number of points during the discussion. The problem with "exclusive" rights over your content when you need Second Life as a platform for your content means one has to give some permissions.  In Kylie's opinion, the problem with the new ToS was that they were poorly written She compared it to Yahoo's terms, in which their permissions were "solely for the purpose for width such content was submitted," and Facebook's which demanded an unlimited license and if you shared your content with someone it's license would never end, Twitpick which required anyone requesting someone else's content to contact the company instead of the content creator and give credit to Twitpick instead of the owner, and LinkedIn which also reserved the right to "commercialize" one's techniques and ideas. So what's going on in Second Life, she reasoned, wasn't new.

Something that bothered Kylie more than the terms regarding content rights was another change elsewhere, "the worst change," in which the Lab could sue a third party in your name, and they would be your attorney. "Do I want the person who wrote these terms of service to act as my attorney? Hell no."

She asked people not to be "freaked" by the language of sell and resell, calling the language "sloppy drafting." How to improve the terms in question? Limit the purpose for which content can be used, limit the term of the license, and limit the scope of the license. What could happen? Kylie mentioned what happened when Instagram faced an uproar of it's own after changing it's terms of service, and within a month half it's users had dropped out. Instagram then changed the terms in question back, but no for long. A month later came new terms which essentially allowed them to do what the controversial language did, so "all of the gain was for nothing." She also mentioned the possibility of a "hostile solution" such as taking the matter up with the FCC or a class action lawsuit, "which isn't going to get anywhere because of the arbitration clause." A peaceful solution with Linden Lab, she felt, would be best.

Further in the discussion, Tim Faith felt Linden Lab was not as friendly to Second Life's users as it used to be. He encouraged the residents to "stand up for yourselves" if they thought something was wrong. Kylie felt Linden Lab wasn't really trying to make a power grab, but had structured the ToS so it appeared they could be. They also discussed California law, which Linden Lab fell under. While normally very consumer friendly, in recent years they have been more friendly to arbitration agreements. So she felt a lawsuit was less likely to succeed.

As the discussion in the Rose Theater went on, those residents still in Justitia talked about it and the issue. Eleanor Medier, the owner of the Sim Street Journal, felt it was good the matter had become a hot topic. Others were less cheery, irritable about Linden Lab, "I'm not handing them over two years of work!" "To leave is letting them win," Eleanor reasoned, "you loose (it) all anyway." "I'll lose if I stay too." "Not if changes can be made." A third resident commented, "It was a 'creative friendly' ToS before. (Then) they pulled a bait and switch... " Eleanor then looked my way, and I joined this separate discussion, bringing up Will Burns' (Aeonix Aeon) article and my interview of him.

For a recording of the discussion and Q and A, which lasted a total of about three hours, you can find one on ToysoldierThor.com. There's also a youtube of the event. And one can still find the livestream recording on AView TV's recent archive.

*Addition* A transcript of the conversation at Justitia con be found in the Sim Street Journal in its Monday Oct 21st's article.

Image credit: Livestream 

Bixyl Shuftan

"United Content Creators of SL" Group Formed in Response to ToS Changes

A group specifically for those concerned about the recent Terms of Service controversy in Second Life has been formed: "The United Content Creators of Second Life." The group was founded by Kylie Sabra (Kylie Angel Skyborne) on Sept 29, and is open to all.


This group consists of content creators who want to protect their rights and work for the common good of all content creators in Second Life. By working together we can achieve much. Please invite fellow creators.

As of now, the group has more than 270 members.

Daniel Voyager called the group, "huge news and this recent TOS change effects so many people/places on the grid. Change has to happen at some point in the near future and hopefully Linden Lab will do something. The best thing is to participate today and spread the word. ...
This group needs backing with a lot of support if there is going to be any impact at all."

Addition: The UCCSL has a blog at http://unitedcontentcreatorsofsl.wordpress.com/