1. Disclaimer:The content of this presentation has been produced as student work for NET303: Internet Politics and Power, as provided through CurtinUniversity. This presentation has not been commissioned, nor is it endorsed by Second Life , Linden Lab or Linden Research, Inc . Whileall efforts have been made to ensure the information in this presentation is accurate, the information is for personal educational use only andviewers should consult a lawyer for any specific legal advice.Second Life and Linden Lab are trademarks of Linden Research, Inc.

2. What is Second Life? Terms of Service Data Collection Privacy and Surveillance Censorship Copyright Controversy Contractual Balance Conclusion 3. (1) http://www.secondlife.com/whatis/ 4. So why press the without reading them all? The Terms of Service is long: 16,027 words long(1) Plus an additional 16 Related Policies If you dont press the you cant log into Second Life(1) http://www.lindenlab.com/tos 5. So why read the Terms of Service before you press ? The Terms of Service is a legally enforceable contract(1) It sets out the legal rights and obligations for yourself and Linden Lab(2) You are responsible for reading, and understanding, the TOS before youpress:(1) https://www.eff.org/wp/clicks-bind-ways-users-agree-online-terms-service(2) http://www.lindenlab.com/tos 6. What should you think about before you press ? Data Collection Privacy and Surveillance Censorship Copyright and Ownership Contractual Balance vs. Benefits of using Second Life 7. Information about you, your location and how you connect to the Internet isoften collected by sites whenever you visit and/or log into and use the service.The collected data allows the site: to identify you as a unique account to track your account activity and payments to personalise your online experience to offer advertising based on your activities To detect any illegal actions or breaches of the sites Terms of ServiceSuch data collection is permissible by law. 8. Linden Lab collects your information in the following ways: Information you supply when you register Technology such as cookies, web beacons and pixel tags Affiliated or networked third-party companies Recording information you supply to other users Acquiring (buying) data from other trusted sourcesNote: These sources are trusted by Linden Lab but maynot be trusted by you.http://www.lindenlab.com/privacy 9. http://www.lindenlab.com/privacy 10. Information which would directly identify you Name Address Billing and transaction information Account usage Anything you have posted to the forums to one-to-one chat to group chat in any conversations you have had on any Linden Lab, or affiliated site Any information gathered by third-party sites - trusted source(1) http://www.lindenlab.com/privacy 11. Information which could not reasonably be used to identify you IP address Computer identifier Anything you have made public by posting on the forums in a one-to-one chat in group chat in other conversations you have had Information collected by third-party sites - trusted sources Mobile device location Mobile device identifier(1) http://www.lindenlab.com/privacy 12. Aggregate data is an additional data set which is created by findingrelationships between information collected from all sources.Linden Lab does not specify what data is created, nor how it uses this data.However, aggregated data may be used(1): to analyse the service provided in order to improve the users experience. as a business asset for the service provider which can be sold to anyone.(1) http://ebusiness.mit.edu/research/papers/106%20smadnick,%20siegel%20information%20aggregation.pdf 13. Linden Lab says it uses this data: to improve the Second Life service to provide the inworld products and services to users to communicate with users to provide offers, advertising and promotions to users to personalise a users experience and content to detect, investigate and prevent activities that may violate Second Lifepolicies or be illegal as a business asset(1) http://www.lindenlab.com/privacy 14. Linden Lab does not share Personal Information outside of Linden Lab . . . .EXCEPTWhen you give Linden Lab permissionWhen other companies perform services for Linden Lab In connection with the sale of a business To enforce the Terms of Service, or rules To protect the users and third parties To comply with legal processes(1) http://www.lindenlab.com/privacy 15. If you do not want Linden Lab to collect, use or share your informationyou may: edit your account registration change your selection to receive offers and newsletters choose not to share your information with third-party companies ask Linden Lab to amend or delete any personal information delete your account(1) http://www.lindenlab.com/privacy 16. Linden Lab. Terms of Service: Section 8, paragraph 3 17. Everything you submit to Linden Lab is treated asnon-confidential and non-proprietary User Content (1) This could include your name and address on letters Linden Lab conforms to the Child Online Privacy Protection ActLinden Lab reserves the right to use surveillance to:Detect, investigate and prevent activitiesthat may violate our policies or be illegal(2)(1) http://www.lindenlab.com/tos - Section 7.4(2) http://www.lindenlab.com/privacy - Section 3 18. In the case of DMCA infringement notices (1) To lodge an infringement notice: Linden Lab requires that you include: your full name physical address telephone number e-mail address This DMCA Notice is then given to the person you claim hasinfringed copyright. Only if that person decides to submit a DMCA Counter-Notificationto Linden Lab will the original claimant be sent their identifyinginformation.(1) http://www.lindenlab.com/tos - Section 7.1 and 7.2 19. By: Linden Lab other users You 20. Linden Lab may terminate your account if you: are under 13 years old breach any of the Terms of Service and related policies are a registered sex offender are using Second Life for illegal activitiesor: take action deemed to be an unacceptable risk to the service by Linden Lab 21. Linden Lab may limit your access if you: are not a Premium member have not provided: age verification proof of identity proof of ownership of user contentor: take action deemed to be an unacceptable risk to the service by Linden Lab 22. Other Users may restrict your participation in Second Life by: restricting permissions on objects they create using inworld scripts to limit who can enter virtual areas they own lodging a DMCA Infringement Notice with Linden Lab lodging an Abuse Report blocking you 23. You may restrict your own participation in Second Life by: not lodging reports due to loss of privacy concerns limiting your actions due to surveillance concerns refusing to be age verified breaching the Terms of Service choosing not to enter specific areas choosing not to pay for a Premium Account blocking other users or objects 24. While surveillance may lead to loss of privacy and censorship, there are benefits Protection: from illegal activities which may harm you from abusive behaviours from sights/actions which you deem inappropriate of children of your Intellectual Property rights 25. (1) http://secondlife.com/whatis/ 26. So if people just like you build every place in Second Life, who owns what?Like most businesses, Linden Lab owns all Intellectual Property rights andcopyright for things related to providing its platform - Second Life, including: Second Life software Linden Lab: servers websites content trademarks logosUsers need to use these to access Second Life, so Linden Lab grants users alimited license to use Linden Labs property - without transferring any of theownership.(1) http://www.lindenlab.com/tos - Sections 2 27. Linden Lab encourages users to build and create the 3D world that is Second Life.This is called, User Content. Users need to own the IP rights, copyright and/or licenses for user content. They need to own these so they are able to legally pass those rights onto LindenLab.(1) http://www.lindenlab.com/tos - Sections 2 28. In the 2013 TOS, users granted Linden Lab non-exclusive rights to their usercontent. Non-exclusivity enables users to retain their own IP and copyrights whilethey grant others the same rights.However, unlike the limited rights granted by Linden Lab, the user granted LindenLab unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetualand cost-free right and license(1) to their content.Content which Linden Lab could then use, copy, record, distribute, reproduce,disclose, modify, display, publicly perform, transmit, publish, broadcast,translate, make derivative works of, and sell, re-sell or sublicense(1).Linden Lab also removed the phrase solely for the purpose of providing andpromoting the Service (2) .(1) http://www.lindenlab.com/tos - Sections 2(2) http://wiki.secondlife.com/wiki/Linden_Lab_Official:Terms_of_Service_Archive/Through_6_May_2013 29. This caused some controversy among creators (Korolov, 2013) which led to LindenLabs including the phrase inworld or otherwise on the Service.(1) The LindenBlog hopes that this will assuage some of the concerns had by creators.However, the ownership and subsequent use of user content remains ambiguousand some texture sites, such as CGTextures(2), expressly forbid the uploading oftheir textures, even if modified, to Second Life or used in any way connectedwith Linden Research Inc.(1) http://community.secondlife.com/t5/Featured-News/Updates-to-Section-2-3-of-the-Terms-of-Service/ba-p/2777874(2) http://www.cgtextures.com/ 30. Standard contracts, such as Linden Labs TOS, are also called Contracts ofAdhesion(1).The TOS contract and policies(2): are offered as is, with no room for negotiation give users the choice of either signing or going without the service restrict legal action to being submitted to a San Francisco courtroom restrict the ability to bring class actions against Linden Lab give Linden Lab control over the service and content provide that users waive all moral rights and statutory rights negate Linden Labs responsibilities but places the onus on users enable Linden Lab to terminate access to content deny users the ability to terminate licenses and rights to contentIt is important to read and understand the Terms of Service so that you know howthe rights, controls and obligations are balanced or biased.(1) http://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=4016&context=lalrev(2) http://www.lindenlab.com/tos 31. We are all individuals and as such, we have different needs andexpectations when accessing a platform such as Second Life.After you have read and understood the Terms of Service, and the relatedpolicies, you need to ask yourself: Are you satisfied with the Terms of Service? Are the benefits you gain greater than the rights you waiver? Is the loss of privacy balanced by the protection of your freedoms? Is your lack of control balanced by your enjoyment of Second Life? Do you want to press the ? 32. CGTextures. (2014). CGTextures License. Retrieved from http://www.cgtextures.com/Duncan, N. K. (1974). Adhesion Contracts: A Twentieth Century Problem for a Nineteenth Century Code. Louisiana LawReview, 34(5), pp. 1082-1100. Retrieved fromhttp://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=4016&context=lalrevKorolov, M. (2013, September 30). Outrage grows over new Second Life terms. Hypergrid Business. Retrieved fromhttp://www.hypergridbusiness.com/2013/09/outrage-grows-over-new-second-life-terms/Linden, J., & Linden, N. (2012). Filing an Abuse Report. Second Life Knowledge Base. Retrieved fromhttp://community.secondlife.com/t5/English-Knowledge-Base/Filing-an-abuse-report/ta-p/700065Linden Lab. (2014). Privacy Policy. Retrieved from http://www.lindenlab.com/privacyLinden Lab. (2014). Terms of Service. Retrieved from http://www.lindenlab.com/tosLinden Lab. (2014, July 16). Updates to Section 2.3 of the Terms of Service. Featured News. Retrieved fromhttp://community.secondlife.com/t5/Featured-News/Updates-to-Section-2-3-of-the-Terms-of-Service/ba-p/2777874Zhu, H., Siegel, M. D., & Madnick, S. E. (2001). Information Aggregation - A Value-added E-Service, Paper 106.Proceedings of the International Conference on Technology, Policy, and Innovation: Critical Infrastructures.Retrieved fromhttp://ebusiness.mit.edu/research/papers/106%20smadnick,%20siegel%20information%20aggregation.pdfThis work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.