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	<title>Comments on: Movable Life&#8217;s Terms of Service Claim Ownership of Intellectual Property Created Using Viewer</title>
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	<link>http://virtuallyblind.com/2007/10/18/movable-life-grabby/</link>
	<description>Legal Issues That Impact Virtual Worlds</description>
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	<item>
		<title>By: Movable Redux: ToS is Scary &#171; Dusan Writer&#8217;s Metaverse</title>
		<link>http://virtuallyblind.com/2007/10/18/movable-life-grabby/#comment-10415</link>
		<dc:creator>Movable Redux: ToS is Scary &#171; Dusan Writer&#8217;s Metaverse</dc:creator>
		<pubDate>Tue, 23 Oct 2007 03:11:15 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2007/10/18/movable-life-grabby/#comment-10415</guid>
		<description>[...] their legal opinion here.       [...]</description>
		<content:encoded><![CDATA[<p>[...] their legal opinion here.       [...]</p>
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	<item>
		<title>By: c3</title>
		<link>http://virtuallyblind.com/2007/10/18/movable-life-grabby/#comment-10328</link>
		<dc:creator>c3</dc:creator>
		<pubDate>Fri, 19 Oct 2007 19:51:35 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2007/10/18/movable-life-grabby/#comment-10328</guid>
		<description>in the &quot;old&quot; days of software tools....like 2-3 years ago any beta or demo &quot;non commercial&quot; usage would also pertain to rights for the &quot;company&quot; making the tools....&quot;other than promotional usage&quot; was the only caveat.

Use vs exploit -scales of effect

Ive been using beta 3d tools and systems almost 20 years, and the combination of &quot;faux tool/service and mass libraries for distribution riches&quot; that has VCs today all a flutter is not only bad for a culture that still must as a whole, create for economic reward, but it&#039;s an idea ripe for legal attacks as these TOS are declared unworkable by judges still based in the reality of food on the table voters.....

its as simple as &quot;something for nothing&quot; never quite working out the way you &quot;expected&quot; it...;)


frankly,  &#039;commercial&quot; and &quot;non comercial usage&quot; has always been mix and match of winking in the software tools world. but thats a different story and issue.


Again, i just cant tell you how &quot;bad&quot; all this &quot;free work for daddy&quot;  - (many of others IP)- is historically for the the larger picture beyond the illusion of today. 

btw---- if google was using &quot;sketchup&quot; for &quot;free&quot; to be in the architectureal design market and compete as a &quot;profession&quot; id say fine,,,, what theyre using is the global uneven playing field of the &quot;millions of want&quot;  who dont quite realize that if they all keep providing free work today for a multibillion dollar corporation they wont be &quot;part&quot; of the &quot;main house&quot; ever....


Someone will PAY for it:)...maybe not you, but maybe your kids or the world they&#039;ll live in.....

civilization -law be it based on real or virtual ideas or items , needs some sence of fairness between its &quot;players&quot; to have any real meaning. 

it would be nice to see less blogs about vr by futurists and hear from more historians.;)

&quot;we only followed the TOS&quot;  ;)

lets hope this statement is only a joke now, and not a plea in 10 years.....

maybe after a decade of the net, people will look closer at the corporations and governments TOS;) around it. This look becomes more important as we take an even deeper step into the &quot;immersion&quot; of the laws and rules enforced and created by others.

only took 3 years for the SL folks to realize they werent in OZ.:)

faith.;)--geez did i say that?

c3--</description>
		<content:encoded><![CDATA[<p>in the &#8220;old&#8221; days of software tools&#8230;.like 2-3 years ago any beta or demo &#8220;non commercial&#8221; usage would also pertain to rights for the &#8220;company&#8221; making the tools&#8230;.&#8221;other than promotional usage&#8221; was the only caveat.</p>
<p>Use vs exploit -scales of effect</p>
<p>Ive been using beta 3d tools and systems almost 20 years, and the combination of &#8220;faux tool/service and mass libraries for distribution riches&#8221; that has VCs today all a flutter is not only bad for a culture that still must as a whole, create for economic reward, but it&#8217;s an idea ripe for legal attacks as these TOS are declared unworkable by judges still based in the reality of food on the table voters&#8230;..</p>
<p>its as simple as &#8220;something for nothing&#8221; never quite working out the way you &#8220;expected&#8221; it&#8230;;)</p>
<p>frankly,  &#8216;commercial&#8221; and &#8220;non comercial usage&#8221; has always been mix and match of winking in the software tools world. but thats a different story and issue.</p>
<p>Again, i just cant tell you how &#8220;bad&#8221; all this &#8220;free work for daddy&#8221;  &#8211; (many of others IP)- is historically for the the larger picture beyond the illusion of today. </p>
<p>btw&#8212;- if google was using &#8220;sketchup&#8221; for &#8220;free&#8221; to be in the architectureal design market and compete as a &#8220;profession&#8221; id say fine,,,, what theyre using is the global uneven playing field of the &#8220;millions of want&#8221;  who dont quite realize that if they all keep providing free work today for a multibillion dollar corporation they wont be &#8220;part&#8221; of the &#8220;main house&#8221; ever&#8230;.</p>
<p>Someone will PAY for it:)&#8230;maybe not you, but maybe your kids or the world they&#8217;ll live in&#8230;..</p>
<p>civilization -law be it based on real or virtual ideas or items , needs some sence of fairness between its &#8220;players&#8221; to have any real meaning. </p>
<p>it would be nice to see less blogs about vr by futurists and hear from more historians.;)</p>
<p>&#8220;we only followed the TOS&#8221;  ;)</p>
<p>lets hope this statement is only a joke now, and not a plea in 10 years&#8230;..</p>
<p>maybe after a decade of the net, people will look closer at the corporations and governments TOS;) around it. This look becomes more important as we take an even deeper step into the &#8220;immersion&#8221; of the laws and rules enforced and created by others.</p>
<p>only took 3 years for the SL folks to realize they werent in OZ.:)</p>
<p>faith.;)&#8211;geez did i say that?</p>
<p>c3&#8211;</p>
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		<title>By: Tony</title>
		<link>http://virtuallyblind.com/2007/10/18/movable-life-grabby/#comment-10324</link>
		<dc:creator>Tony</dc:creator>
		<pubDate>Fri, 19 Oct 2007 14:11:23 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2007/10/18/movable-life-grabby/#comment-10324</guid>
		<description>Sorry, the comment got longer then I expected... But important I think.

@c3 - I don&#039;t think that all VR companies have quite as restrictive of TOS as this. LL TOS has been brought up by Ben before in regards to Patents, but other IP has a similar line that the Google TOS has.

That line &quot;you grant Google and its end users a worldwide, royalty-free...&quot; has to be there or people wouldn&#039;t be able to use anything you submit, and it (I believe, though I&#039;m not a lawyer) is there so that Google can prove (should they need to) that you posted it there with the intention of sharing it.

Otherwise, they couldn&#039;t allow anyone else to download what you uploaded, and if that&#039;s the case, why allow you to upload?

And I don&#039;t think it&#039;s wrong for a company to say &quot;free for non-commercial use&quot; and use it themselves (I mean they DID create it...), but Google DOES allow commercial use. You just have to agree to their commercial licensing and pay for it.

That is what I think is missing from Movable Life. If they don&#039;t want commercial users to try or use it for free, then it would be a good idea to come up with an agreement for commercial use (though if it&#039;s in beta trials you can&#039;t expect to charge much if anything).</description>
		<content:encoded><![CDATA[<p>Sorry, the comment got longer then I expected&#8230; But important I think.</p>
<p>@c3 &#8211; I don&#8217;t think that all VR companies have quite as restrictive of TOS as this. LL TOS has been brought up by Ben before in regards to Patents, but other IP has a similar line that the Google TOS has.</p>
<p>That line &#8220;you grant Google and its end users a worldwide, royalty-free&#8230;&#8221; has to be there or people wouldn&#8217;t be able to use anything you submit, and it (I believe, though I&#8217;m not a lawyer) is there so that Google can prove (should they need to) that you posted it there with the intention of sharing it.</p>
<p>Otherwise, they couldn&#8217;t allow anyone else to download what you uploaded, and if that&#8217;s the case, why allow you to upload?</p>
<p>And I don&#8217;t think it&#8217;s wrong for a company to say &#8220;free for non-commercial use&#8221; and use it themselves (I mean they DID create it&#8230;), but Google DOES allow commercial use. You just have to agree to their commercial licensing and pay for it.</p>
<p>That is what I think is missing from Movable Life. If they don&#8217;t want commercial users to try or use it for free, then it would be a good idea to come up with an agreement for commercial use (though if it&#8217;s in beta trials you can&#8217;t expect to charge much if anything).</p>
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		<title>By: c3</title>
		<link>http://virtuallyblind.com/2007/10/18/movable-life-grabby/#comment-10307</link>
		<dc:creator>c3</dc:creator>
		<pubDate>Thu, 18 Oct 2007 23:47:36 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2007/10/18/movable-life-grabby/#comment-10307</guid>
		<description>while were on the subject, lets read the rights TOS of the GOOGLE company as to content creators that they are making almost obscene stock valuations off of and now practical partnerships with blog favs scenecaster and multiverse.

moral? do no harm?...whose the real millions of sheep?

&quot;free sketchup for non commercial usage&quot; except for our global commercial usage...lol


thoughts?

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		<content:encoded><![CDATA[<p>while were on the subject, lets read the rights TOS of the GOOGLE company as to content creators that they are making almost obscene stock valuations off of and now practical partnerships with blog favs scenecaster and multiverse.</p>
<p>moral? do no harm?&#8230;whose the real millions of sheep?</p>
<p>&#8220;free sketchup for non commercial usage&#8221; except for our global commercial usage&#8230;lol</p>
<p>thoughts?</p>
<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;</p>
<p>Your Rights</p>
<p>Google claims no ownership or control over any Content submitted, posted or displayed by you on or through the 3D Warehouse. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the 3D Warehouse and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content through the 3D Warehouse, you grant Google and its end users a worldwide, royalty-free, non-exclusive, perpetual license to exercise the rights in the Content, as stated below: </p>
<p>to reproduce the Content;<br />
to create and reproduce derivative works of the Content;<br />
to display publicly and distribute copies of the Content;<br />
to display publicly and distribute copies of derivative works of the content.<br />
Furthermore, for the avoidance of doubt, Google reserves, and you grant Google, the right to syndicate Content submitted, posted or displayed by you on or through the 3D Warehouse and use that Content in connection with any of the services offered by Google.  Notwithstanding the above, end users may not aggregate the Content obtained from the 3D Warehouse for redistribution, and may not use or distribute Content obtained from the 3D Warehouse in a mapping or geographic application or service without Google’s prior authorization.</p>
<p>You retain the right to make the Content available under different license terms or to stop distributing the Content through the 3D Warehouse at any time; provided, however that any such election will not serve to withdraw the license granted under these Terms of Service.  In order to stop distributing the Content through the 3D Warehouse, you must terminate these Terms of Service as set forth in Section 9, or utilize the content removal function provided within the service, in which case the content removal will be effective within two (2) days.</p>
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		<title>By: c3</title>
		<link>http://virtuallyblind.com/2007/10/18/movable-life-grabby/#comment-10306</link>
		<dc:creator>c3</dc:creator>
		<pubDate>Thu, 18 Oct 2007 21:49:06 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2007/10/18/movable-life-grabby/#comment-10306</guid>
		<description>good catch ben.. bravo.

typical of &quot;service&quot; companies online trying to score &quot;millions&quot; for them by &quot;using&quot; millions of US...as Sheep....;&#039;)

look at all &quot;hip&quot; companies in the
VR world space TOS and youll find most have the same &quot;underlying&quot; boiler plates even if they doubletalk the blog press. real..lol press and worst the developers and designers who really create a new medium.

for all the crap the past open standards and &quot;old&quot; web3d
 gets from you learned experts, i never once in over a decade had to worry about my posted 3d online IP being owned by someone else
beforethecurrent &quot; VRworld titans:)&quot;

SL for real control and ownership still has the jury out, as did AOLs claims over ownership of users materials did 15 years ago...yes nothing new again. 


c3</description>
		<content:encoded><![CDATA[<p>good catch ben.. bravo.</p>
<p>typical of &#8220;service&#8221; companies online trying to score &#8220;millions&#8221; for them by &#8220;using&#8221; millions of US&#8230;as Sheep&#8230;.;&#8217;)</p>
<p>look at all &#8220;hip&#8221; companies in the<br />
VR world space TOS and youll find most have the same &#8220;underlying&#8221; boiler plates even if they doubletalk the blog press. real..lol press and worst the developers and designers who really create a new medium.</p>
<p>for all the crap the past open standards and &#8220;old&#8221; web3d<br />
 gets from you learned experts, i never once in over a decade had to worry about my posted 3d online IP being owned by someone else<br />
beforethecurrent &#8221; VRworld titans:)&#8221;</p>
<p>SL for real control and ownership still has the jury out, as did AOLs claims over ownership of users materials did 15 years ago&#8230;yes nothing new again. </p>
<p>c3</p>
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		<title>By: Kit Meredith</title>
		<link>http://virtuallyblind.com/2007/10/18/movable-life-grabby/#comment-10303</link>
		<dc:creator>Kit Meredith</dc:creator>
		<pubDate>Thu, 18 Oct 2007 19:51:44 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2007/10/18/movable-life-grabby/#comment-10303</guid>
		<description>Great post, Ben.  I&#039;ve tried out Movable Life myself (using an alt account) and I&#039;m embarassed to admit that I didn&#039;t even think about checking the ToS.  You&#039;re probably right that the lack of a clickthrough makes enforceability by 3Di suspect.  But nevertheless, a good reminder that we should all take a second to scan the ToS when we use online services - something I suspect few of us do as often as we should.</description>
		<content:encoded><![CDATA[<p>Great post, Ben.  I&#8217;ve tried out Movable Life myself (using an alt account) and I&#8217;m embarassed to admit that I didn&#8217;t even think about checking the ToS.  You&#8217;re probably right that the lack of a clickthrough makes enforceability by 3Di suspect.  But nevertheless, a good reminder that we should all take a second to scan the ToS when we use online services &#8211; something I suspect few of us do as often as we should.</p>
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		<title>By: Tony</title>
		<link>http://virtuallyblind.com/2007/10/18/movable-life-grabby/#comment-10302</link>
		<dc:creator>Tony</dc:creator>
		<pubDate>Thu, 18 Oct 2007 18:37:59 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2007/10/18/movable-life-grabby/#comment-10302</guid>
		<description>Thanks for the hat tip Ben, and thanks for writing about this. I really think this and Ajax are good because there are times when it would be nice to have just a lightweight client.

As a business owner, however, I have to look out for anything that can compromise the companies IP.

Hopefully this combined with LL&#039;s authentication changes (so you don&#039;t have to give the website your login info) will give people the ability to trust it and AjaxLife.</description>
		<content:encoded><![CDATA[<p>Thanks for the hat tip Ben, and thanks for writing about this. I really think this and Ajax are good because there are times when it would be nice to have just a lightweight client.</p>
<p>As a business owner, however, I have to look out for anything that can compromise the companies IP.</p>
<p>Hopefully this combined with LL&#8217;s authentication changes (so you don&#8217;t have to give the website your login info) will give people the ability to trust it and AjaxLife.</p>
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		<title>By: Second Life News for October 18, 2007 &#171; The Grid Live</title>
		<link>http://virtuallyblind.com/2007/10/18/movable-life-grabby/#comment-10298</link>
		<dc:creator>Second Life News for October 18, 2007 &#171; The Grid Live</dc:creator>
		<pubDate>Thu, 18 Oct 2007 14:33:04 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2007/10/18/movable-life-grabby/#comment-10298</guid>
		<description>[...] Movable Life’s Terms of Service Claim Ownership of Intellectual Property Created Using Viewer Movable Life is a relatively new web-based Second Life viewer run by a Japanese company called 3Di. It lets users log in to Second Life over a simple web site and perform a few basic functions, primarily chat. It is currently in alpha, but it already shows some real promise. Unfortunately, Movable Life’s Terms of Service usurp Second Life’s well-known preservation of certain user intellectual property rights, and claim all intellectual property created via Movable Life as property of 3Di. [...]</description>
		<content:encoded><![CDATA[<p>[...] Movable Life’s Terms of Service Claim Ownership of Intellectual Property Created Using Viewer Movable Life is a relatively new web-based Second Life viewer run by a Japanese company called 3Di. It lets users log in to Second Life over a simple web site and perform a few basic functions, primarily chat. It is currently in alpha, but it already shows some real promise. Unfortunately, Movable Life’s Terms of Service usurp Second Life’s well-known preservation of certain user intellectual property rights, and claim all intellectual property created via Movable Life as property of 3Di. [...]</p>
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