<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: Bragg vs. Linden Lab:  Interview with Bragg Attorney Jason Archinaco</title>
	<atom:link href="http://alphavilleherald.com/2006/12/bragg_vs_linen_.html/feed" rel="self" type="application/rss+xml" />
	<link>http://alphavilleherald.com/2006/12/bragg_vs_linen_.html</link>
	<description>Always Fairly Unbalanced</description>
	<lastBuildDate>Tue, 04 Oct 2016 13:18:56 +0000</lastBuildDate>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.1</generator>
	<item>
		<title>By: Shame On You</title>
		<link>http://alphavilleherald.com/2006/12/bragg_vs_linen_.html/comment-page-1#comment-39951</link>
		<dc:creator>Shame On You</dc:creator>
		<pubDate>Thu, 11 Feb 2010 06:27:28 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=1699#comment-39951</guid>
		<description>Linden Labs just like alot of these so called gaming comapnies for some reason think that writing some sort of TOS they are not accountable for violating peoples rights and they are above the law.

Many organised crime organisations are seeing this a great means of laundering money all int he name of gaming and if you look deep enough you will see just how corrupt Linden Labs really is... all in the name of gaming
</description>
		<content:encoded><![CDATA[<p>Linden Labs just like alot of these so called gaming comapnies for some reason think that writing some sort of TOS they are not accountable for violating peoples rights and they are above the law.</p>
<p>Many organised crime organisations are seeing this a great means of laundering money all int he name of gaming and if you look deep enough you will see just how corrupt Linden Labs really is&#8230; all in the name of gaming</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: urizenus</title>
		<link>http://alphavilleherald.com/2006/12/bragg_vs_linen_.html/comment-page-1#comment-39950</link>
		<dc:creator>urizenus</dc:creator>
		<pubDate>Thu, 31 May 2007 15:58:13 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=1699#comment-39950</guid>
		<description>Did you even read the court decision that just came down?  It specifically addresses that clause in the ToS, and the court found the ToS to be an &quot;unconsionable&quot; contract of adhesion.
</description>
		<content:encoded><![CDATA[<p>Did you even read the court decision that just came down?  It specifically addresses that clause in the ToS, and the court found the ToS to be an &#8220;unconsionable&#8221; contract of adhesion.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Bob Perry</title>
		<link>http://alphavilleherald.com/2006/12/bragg_vs_linen_.html/comment-page-1#comment-39949</link>
		<dc:creator>Bob Perry</dc:creator>
		<pubDate>Thu, 31 May 2007 15:35:49 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=1699#comment-39949</guid>
		<description>The fact is, you are told by LL in their TOS that everything in SL can be taken away for no reason.  THAT IS THE FACT.  LL will win the case and the TOS will remain the same.

Bragg is complaining because he got caught scamming SL.  Suck it up!!!
</description>
		<content:encoded><![CDATA[<p>The fact is, you are told by LL in their TOS that everything in SL can be taken away for no reason.  THAT IS THE FACT.  LL will win the case and the TOS will remain the same.</p>
<p>Bragg is complaining because he got caught scamming SL.  Suck it up!!!</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: 2d Rpgs</title>
		<link>http://alphavilleherald.com/2006/12/bragg_vs_linen_.html/comment-page-1#comment-39952</link>
		<dc:creator>2d Rpgs</dc:creator>
		<pubDate>Thu, 01 Mar 2007 02:01:02 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=1699#comment-39952</guid>
		<description>&lt;strong&gt;2d Rpgs&lt;/strong&gt;

Wir programmieren nur mit C  , genau wie Microsoft. Wir sind eine Firma, die
</description>
		<content:encoded><![CDATA[<p><strong>2d Rpgs</strong></p>
<p>Wir programmieren nur mit C  , genau wie Microsoft. Wir sind eine Firma, die</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Wildcat</title>
		<link>http://alphavilleherald.com/2006/12/bragg_vs_linen_.html/comment-page-1#comment-39948</link>
		<dc:creator>Wildcat</dc:creator>
		<pubDate>Wed, 10 Jan 2007 02:22:44 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=1699#comment-39948</guid>
		<description>Linden Labs provide a service.  If you breach the terms of service, Linden labs reserve the right to withdraw that service in their ToS.  I would liken that to the state ability to seize assets gained by fraudulent methods.

This, to me, drops into the category.  He obtained this virtual property by deception; it was therefore forfeit.  With regards to any property he gained legally, he knew he was jeapardising that when he tried to cheat the system.  He knew the risks.  Breach of ToS equals banning with no compensation.

This comes down to culpability.  It&#039;s got nothing to do with what Linden Labs can and can&#039;t do, want to do and don&#039;t want to do.  This was one person who purposefully set out to break the rules, IN THE KNOWLEDGE that if he got caught, Linden Labs would ban him.  At the end of the day, that&#039;s the issue at the back of this - whether or not he should take responsibility for deliberately breaking the rules and the consequences involved in getting caught.

The fact remains, if he hadn&#039;t deliberately tried to cheat the system, there would have been nothing for him to be caught doing and nothing that Linden Labs would have banned him over.  I do agree that if Linden Labs just close your account with no explanation and  seize your assests you&#039;d have cause to bring case against them, but everyone seems to be of agreement that this person DID CHEAT.

If you&#039;re honest, you don&#039;t risk anything.  This person wasn&#039;t, and he got unlucky and got caught.  He paid the price.  He can&#039;t expect the judiciary to come to his rescue because he committed fraud in the first place.  Sorry, but I don&#039;t have ANY sympathy for him, and neither do I believe that he has a case.
</description>
		<content:encoded><![CDATA[<p>Linden Labs provide a service.  If you breach the terms of service, Linden labs reserve the right to withdraw that service in their ToS.  I would liken that to the state ability to seize assets gained by fraudulent methods.</p>
<p>This, to me, drops into the category.  He obtained this virtual property by deception; it was therefore forfeit.  With regards to any property he gained legally, he knew he was jeapardising that when he tried to cheat the system.  He knew the risks.  Breach of ToS equals banning with no compensation.</p>
<p>This comes down to culpability.  It&#8217;s got nothing to do with what Linden Labs can and can&#8217;t do, want to do and don&#8217;t want to do.  This was one person who purposefully set out to break the rules, IN THE KNOWLEDGE that if he got caught, Linden Labs would ban him.  At the end of the day, that&#8217;s the issue at the back of this &#8211; whether or not he should take responsibility for deliberately breaking the rules and the consequences involved in getting caught.</p>
<p>The fact remains, if he hadn&#8217;t deliberately tried to cheat the system, there would have been nothing for him to be caught doing and nothing that Linden Labs would have banned him over.  I do agree that if Linden Labs just close your account with no explanation and  seize your assests you&#8217;d have cause to bring case against them, but everyone seems to be of agreement that this person DID CHEAT.</p>
<p>If you&#8217;re honest, you don&#8217;t risk anything.  This person wasn&#8217;t, and he got unlucky and got caught.  He paid the price.  He can&#8217;t expect the judiciary to come to his rescue because he committed fraud in the first place.  Sorry, but I don&#8217;t have ANY sympathy for him, and neither do I believe that he has a case.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Cocoanut Koala</title>
		<link>http://alphavilleherald.com/2006/12/bragg_vs_linen_.html/comment-page-1#comment-39947</link>
		<dc:creator>Cocoanut Koala</dc:creator>
		<pubDate>Sat, 16 Dec 2006 18:30:13 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=1699#comment-39947</guid>
		<description>At the base of all law is generally some guiding principle.

The simplified principle of tax law, for instance, is if you make money, the government gets part of it.

The simplified base of commerce law is if you sell someone something, you must provide that something.

And if you take the thing back, you may be forced to refund the money.

And certainly if you take the thing back, you shouldn&#039;t not only keep the thing, but take other money or goods the person has, as well.

I&#039;m not saying this is true in this particular case.

I&#039;m saying that the idea that you can set up a game or a platform -

. such that the customer pays for a product but doesn&#039;t get it

. or such that the company takes and keeps money but renigs on the service and provides no refund

. or is allowed to do anything it wants to, including keeping your money but providing no service, for any reason or for NO REASON AT ALL

- is, I think, an idea that has lived past its time, and in fact should never existed.

This set-up not legal for other companies, and I don&#039;t think gaming companies (or &quot;platforms&quot;) are going to get away with it forever, either.

coco
</description>
		<content:encoded><![CDATA[<p>At the base of all law is generally some guiding principle.</p>
<p>The simplified principle of tax law, for instance, is if you make money, the government gets part of it.</p>
<p>The simplified base of commerce law is if you sell someone something, you must provide that something.</p>
<p>And if you take the thing back, you may be forced to refund the money.</p>
<p>And certainly if you take the thing back, you shouldn&#8217;t not only keep the thing, but take other money or goods the person has, as well.</p>
<p>I&#8217;m not saying this is true in this particular case.</p>
<p>I&#8217;m saying that the idea that you can set up a game or a platform -</p>
<p>. such that the customer pays for a product but doesn&#8217;t get it</p>
<p>. or such that the company takes and keeps money but renigs on the service and provides no refund</p>
<p>. or is allowed to do anything it wants to, including keeping your money but providing no service, for any reason or for NO REASON AT ALL</p>
<p>- is, I think, an idea that has lived past its time, and in fact should never existed.</p>
<p>This set-up not legal for other companies, and I don&#8217;t think gaming companies (or &#8220;platforms&#8221;) are going to get away with it forever, either.</p>
<p>coco</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Ordinal Malaprop</title>
		<link>http://alphavilleherald.com/2006/12/bragg_vs_linen_.html/comment-page-1#comment-39946</link>
		<dc:creator>Ordinal Malaprop</dc:creator>
		<pubDate>Sat, 16 Dec 2006 18:13:59 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=1699#comment-39946</guid>
		<description>I think your &quot;cyberspace lawyers&quot; (perilously close to &quot;internet lawyers&quot;) may be being overcome by their fantasies about being a test case that will go down in the history of the Multiverse and validate the existence of virtual property etc etc. I can&#039;t see many judges being interested in that, however, or juries; even within SL, the reactions I&#039;ve seen are either &quot;this guy&#039;s a crook&quot; (the majority) or &quot;well, okay, he&#039;s a crook but LL deserve to get shafted because I hate them&quot; (people with a long-running grudge).

When even Mr Neva, who is not noted for his irrational Linden Lab cheerleading, thinks this whole thing is a nonsense, one has to wonder. This idea that LL are being deceptive in using the word &quot;own&quot; when really, it should be &quot;rent according to certain conditions&quot; is not something I believe would ever stand up. And that&#039;s all he has. And even that has to be considered in the face of the clear fact that he&#039;s been attempting to defraud them.
</description>
		<content:encoded><![CDATA[<p>I think your &#8220;cyberspace lawyers&#8221; (perilously close to &#8220;internet lawyers&#8221;) may be being overcome by their fantasies about being a test case that will go down in the history of the Multiverse and validate the existence of virtual property etc etc. I can&#8217;t see many judges being interested in that, however, or juries; even within SL, the reactions I&#8217;ve seen are either &#8220;this guy&#8217;s a crook&#8221; (the majority) or &#8220;well, okay, he&#8217;s a crook but LL deserve to get shafted because I hate them&#8221; (people with a long-running grudge).</p>
<p>When even Mr Neva, who is not noted for his irrational Linden Lab cheerleading, thinks this whole thing is a nonsense, one has to wonder. This idea that LL are being deceptive in using the word &#8220;own&#8221; when really, it should be &#8220;rent according to certain conditions&#8221; is not something I believe would ever stand up. And that&#8217;s all he has. And even that has to be considered in the face of the clear fact that he&#8217;s been attempting to defraud them.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Just a thought</title>
		<link>http://alphavilleherald.com/2006/12/bragg_vs_linen_.html/comment-page-1#comment-39945</link>
		<dc:creator>Just a thought</dc:creator>
		<pubDate>Sat, 16 Dec 2006 14:47:57 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=1699#comment-39945</guid>
		<description>Only if the government steps in to control it coco - and frankly I&#039;d rather deal with a private company that could take it all away from me than the government.
</description>
		<content:encoded><![CDATA[<p>Only if the government steps in to control it coco &#8211; and frankly I&#8217;d rather deal with a private company that could take it all away from me than the government.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Cocoanut Koala</title>
		<link>http://alphavilleherald.com/2006/12/bragg_vs_linen_.html/comment-page-1#comment-39944</link>
		<dc:creator>Cocoanut Koala</dc:creator>
		<pubDate>Sat, 16 Dec 2006 14:18:10 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=1699#comment-39944</guid>
		<description>Terms of Service are going to have to ultimately change, I figure.

Somehow the game companies have this thing going where they can take your money and deny you service and keep the things you paid them money for, and the money you legitimately earned on the game, and that&#039;s okay just because you had to sign that click-through thing.

I think the law is going to change all that, eventually.

coco
</description>
		<content:encoded><![CDATA[<p>Terms of Service are going to have to ultimately change, I figure.</p>
<p>Somehow the game companies have this thing going where they can take your money and deny you service and keep the things you paid them money for, and the money you legitimately earned on the game, and that&#8217;s okay just because you had to sign that click-through thing.</p>
<p>I think the law is going to change all that, eventually.</p>
<p>coco</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Urizenus</title>
		<link>http://alphavilleherald.com/2006/12/bragg_vs_linen_.html/comment-page-1#comment-39943</link>
		<dc:creator>Urizenus</dc:creator>
		<pubDate>Sat, 16 Dec 2006 12:28:46 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wp_2/?p=1699#comment-39943</guid>
		<description>&quot;Uri, I hardly think a couple of Terra Nova professors who are your drinking buddies on the game conference party circuit, who aren&#039;t RL litigators but just commenting on this from the generally snarky position of intensely disliking SL, constitutes &quot;everybody&quot;.&quot;

I didn&#039;t say &#039;everybody&#039;, I said &#039;every cyberspace lawyer that I have seen comment on this&#039;.  Do you have a pointer to an exception?

Also, I don&#039;t party with lawyers at gaming conferences.  As the photos from the Herald paparazzi show, I party with the *Lindens*, but I listen to the lawyers:

http://www.alphavilleherald.com/archives/000517.html


</description>
		<content:encoded><![CDATA[<p>&#8220;Uri, I hardly think a couple of Terra Nova professors who are your drinking buddies on the game conference party circuit, who aren&#8217;t RL litigators but just commenting on this from the generally snarky position of intensely disliking SL, constitutes &#8220;everybody&#8221;.&#8221;</p>
<p>I didn&#8217;t say &#8216;everybody&#8217;, I said &#8216;every cyberspace lawyer that I have seen comment on this&#8217;.  Do you have a pointer to an exception?</p>
<p>Also, I don&#8217;t party with lawyers at gaming conferences.  As the photos from the Herald paparazzi show, I party with the *Lindens*, but I listen to the lawyers:</p>
<p><a href="http://www.alphavilleherald.com/archives/000517.html" rel="nofollow">http://www.alphavilleherald.com/archives/000517.html</a></p>
]]></content:encoded>
	</item>
</channel>
</rss>

