Regarding the Second Life Terms of Service

I’m seeing a lot of talk within the blogger community about this new Terms of Service that Linden Labs posted on their website yesterday. A lot of people seem to be afraid they’re going to lose their domain names or start getting emails from lawyers for even saying the name Second Life without any logo. I’m not an expert on this sort of thing by any means, but I would like to post my thoughts on this. Cross posted from http://secondlifebloggers.ning.com

Somehow I take this all as just legal talk they have to post up on their site to protect themselves from things like people selling or making money off of their brand. For instance, people selling their lindens on Ebay or something like that. I highly, highly doubt that anyone at Linden Labs is going to fire up google and start making a list of all the blogger and podcaster sites to give to a lawyer so they can start sending out emails to take them down. I just don’t think so. Now maybe if sites like secondlife.isfullofcrap or secondlifebloggers.com had donate buttons and were soliciting money, then they -might- go after people like that.. eventually. But as for people just using the words or initials in a blog, I would be astonished to hear about being contacted for that.

Besides, when it comes to blogs and fan related sites, think about the loss of income to Second Life (zero) vs. the legal fees and expenses they would have to fork over to lawyer or attorney fees to pay them to start contacting people with cease and desist notices. Not even Disney does that.. there are plenty of blog and fan related sites out there with the use of the name Disney. A company would drive themselves to bankruptcy before they could come anywhere near being able to force people to stop using their name. I wonder how many websites pop up daily with some form of Second Life, second life, SL, sl, linden, linden labs, LL.. you get the idea.

Any time a company has a change in service, they are required by law to make that information available. Even if its just a matter of changing the wording. The change in terms of service form that posted and that we had to click to agree to was not a threat or warning that they were going to start actively going after people. It was just them following the law, so if someone DID put the eye in hand logo on say, a beach towel, and sold it on Cafe Press, they would not be able to turn around and say that they weren’t told about the change in terms of service.

So don’t worry. Until people start putting online stores on their websites to sell merchandise, I don’t think anyone has a thing to worry about.

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~ by Nika Dreamscape on March 25, 2008.

3 Responses to “Regarding the Second Life Terms of Service”

  1. I rec’d a C&D / DMCA from TimeWarner for a website I had (slahshop.com) it was promoting southern living at home products being sold on ebay, they stated since ‘slah’ was a common variation of southern living at home that I was infringing on their trademark. Instead of trying to fight it I went ahead and transferred the domain to them. argh!!

  2. Yeah, I can see that happening.. when it comes to anything relating to making any sort of money or selling products. I’m sure Linden Labs WILL persue some people, like anyone that has any sort of paypal button on the same site where they’re using the name. But I don’t think they can possibly go after people just for using the words Second Life.

  3. At last somebody with good sense:)

    It is strange how people can panic for nothing.

    Yet Shakespeare warned us: Much Ado About Nothing…

    Nevertheless by solidarity I will be on strike next April 15th (I have a book to read).

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