LL Ducks Responsibility
by Alphaville Herald on 16/09/07 at 4:37 am
Our world, your liability
by Pixeleen Mistral, National Affairs desk
Will university faculty be held responsible for bringing students to the libertine free for all educational opportunity that is Second Life? How long until controversy spills over to real life for in-world harassment? Michael Bugeja, director of the school of journalism and communications at Iowa State University, asks these questions in his Second Thoughts about Second Life piece in the Chronicle of Higher Education.
The article suggests that lawsuits can be brought against faculty and their institutions when participation in Second Life is required or recommended and harassing behaviors occurs in-world. Of course, it is hard to imagine harassment in-world. Not evah! There are almost no hard ass pipe hitting PNs in SL who indulge in greifing “for the lulz”. So – this is not a problem. What on earth was Bugeja worrying about? Perhaps he was listening to legal council? Sadly, it appears so.
Melissa Blevins – a lawyer who practices civil law – is quoted as saying “If you’re requiring participation, holding classes in Second Life, you and/or your institution also may be accepting liability for virtual events that happen there”.
This might not good news – and virtual world buzz-kill Bugeja goes on to say
“Controversy will occur, although many of us do not seem to be anticipating any in this realm. That perplexes me. We deal regularly with e-mail scams, viruses, online predators, and hackers thieving financial data. Most of us concede that controversy occurs often enough in the real world. Why do we doubt it would occur in a virtual world whose service terms bestow anonymity and disavow liability?”
Remaining true to it’s fiduciary duties while reassuring the few “residents” who are still listening, Linden Lab appears to be ducking whatever liability there is for behavior in the virtual realm, with a Terms of Service agreement stating residents release the game company 3D educational platform developer from
“…damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Service…”
That would seem to cover nearly anything – I think. The Lab also reserves the right to take any action it feels is appropriate, saying it has the right but not the obligation to resolve disputes. It must be nice to be god – you can always confiscate virtual property if it seems convenient – or you are having a bad day.
Perhaps the most interesting section of the story is the revelation that Linden Lab has not answered any of Bugeja’s questions about in-world assault and harassment – and a link to his mail to the Lab on July 18th. The mail asks pointed questions such as
“How many incidents have you recorded in the first six months of this year that would constitute harassment? How many of these were sexual in nature? racist? homophobic? How many warnings were issued? suspensions? expulsions?”
The Lab has remained true to form and failed to acknowledge receipt of the message sent by e-mail, certified mail, and faxed. Perhaps the answers to these questions would be incriminating? Or did the asset server lose some inventory again?
d3adlyc0d3c
Sep 16th, 2007
Nicole Linden just made a gridwide statement moments ago. She said ‘Close the Carpool’.
What did that mean, I wonder?
Sn4x15
Sep 16th, 2007
Disregard cod3c. He’s been a little… Loopy lately. We are not being paid by the Lindens, and they weren’t giving us coded orders via global notice.
Absolutely not.
urizenussklar
Sep 16th, 2007
yikes, that Chronicle story is absolutely devastating. Very simply it means that unless harassment can be controlled (and it can’t) universities wont’ continue to “conduct classes” in SL. University lawyers will freak over the very idea.
Game over.
Crissa
Sep 16th, 2007
Is there any organization that does take liability for you using their software or facilities?
I doubt if you rented a hall at Iowa State U that they’d take liability for what happens there while you’re renting it…
^ban^
Sep 16th, 2007
There are almost no hard ass pipe hitting PNs in SL who indulge in greifing “for the lulz”.
There are almost no hard ass pipe hitting PNs in SL
almost no hard ass pipe hitting PNs in SL
hard ass pipe hitting PNs in SL
hard ass pipe hitting PNs
Congratulations, you made me LOL.
Pixeleen – You really should work on your article’s quality. Who the hell uses “Not evah!” in something that is published on what is the e-equivelant of a newspaper?
Corona
Sep 16th, 2007
ok
^ban^ claims to be a leader of the PN
right so if this person has sent a note to the herald then you must have their actual @
suggest you send it to LL with details of their claimed status as leader of a sad group of infantile fuckwits
with any luck LL will act on this and there will be one less greifer in SL with the potential intent of disrupting university classes cos they see all of SL as a ‘game’
anonymous
Sep 16th, 2007
Since she started hiring griefers to write for the paper.
Obscure Doodad
Sep 16th, 2007
Pixeleen does have a point. The issue is not the venue. It’s the requirement. If classes are held in SL, then what happens there will come under the auspices of the university because students had to be there.
“Griefing” is not likely to be seen as a serious tort by any court, but if plaintiff can find an attorney willing to take the case, the university targetted (and LL, and the SL land owner where it happens) will be provided by that enterprising attorney the oh-so-very kind opportunity to settle the case out of court. Won’t take much for this to happen. Maybe a student who gets a bad grade. Maybe a student who gets RL stalked because RL info was revealed in world during the class. An attorney will be able to generate a non frivolous case out of this without breaking a sweat.
That settlement will probably happen just to avoid legal fees. If you were the landowner and you got notice of being sued for $25,000 USD, with an offer to settle for $2000, and knowing your legal fees will be north of $2000 if you win . . . hell yes, you will pay. And cancel all future involvement with SL.
The bottom line here is not really the direction Pixeleen is pointing. LL taking action to stop griefing is not the fix. The reality is SL is a wet dream for civil litigation attorneys — and the clock is ticking on attracting enough attention from sharks to put LL in court more or less 24/7.
As soon as a few legal precedents are set about the value of virtual goods, the avalanche will begin.
dandellion Kimban
Sep 16th, 2007
“If you’re requiring participation, holding classes in Second Life, you and/or your institution also may be accepting liability for virtual events that happen there”
This is just plain stupid. That means that if an educational institution requires or promotes use of www then it is responsible for all the content of the web.
Victorria Paine
Sep 16th, 2007
I don’t know about the plaintiff attorney angle. I think juries are going to be pretty skeptical about awarding substantial damages for things that take place in a (to them) make-believe, pixellated, cartoon graphics “game”. That right there is a pretty steep hurdle with juries in a lot of places.
For the classroom context, a university could protect itself to a substantial degree by (1) making live participation in the “classes” optional, and providing a “taped” version of the classes that could be viewed by a student without being in world and (2) obtaining releases from students who, at their option, “choose” to attend in the virtual classroom. It’s not that complicated, really. I think that the issues raised are real in that there are risks for universities who conduct activities in SL in a non-structured way, but I do think that with a little bit of legal tinkering here and there the risks can be substantially reduced.
dandellion Kimban
Sep 16th, 2007
Actually, that guy in the article is talking about what if something happen while tacher and the student meet somewhere out of edicational campus? Well, I hardly believe that teachers and students meet in the Crack Town, Midian City or similar places. Then, we can also ask what if a teacher got fraged because held a class in a combat zone.
Obscure Doodad
Sep 16th, 2007
“I don’t know about the plaintiff attorney angle. I think juries are going to be pretty skeptical about awarding substantial damages for things that take place in a (to them) make-believe, pixellated, cartoon graphics “game”. That right there is a pretty steep hurdle with juries in a lot of places.”
Of course it is. Juries probably won’t award much if anything — but that’s not the purpose of the suit. The idea is taking advantage of the cost of US legal fees. Even if you win, you have to pay your own attorney fees. People will settle just to avoid that. Lawyers know this. This is the strategy they are using at RIAA and Directv who sue people who MAY have stolen music or TV. They quote a settlement cost far lower than legal fees would be. Most will settle quickly just to make it go away.
That is what LL faces with virtual property, real estate or otherwise. As soon as there are precedents showing value, the lawyers will avalanche with suits, and settlement offers.
Second Lulz Vigilante
Sep 16th, 2007
@The PN
Okay, I guess d3adlyc0d3c’s Skynet/Deathstar/Fagotron/whatever is up and running. The PN are getting so worried about protecting their rep as badasses that they’re going to text message us to death. OH NOES!!!111!!!
Also:
http://i5.tinypic.com/6f8zsso.jpg
@Everybody Else
Fun fact about the PN #1
Did you guys know that everytime a resident types “PN impersonators lol!” that d3adlyc0d3c’s hemorrhoids start to itch?
d3adlyc0d3c
Sep 16th, 2007
@Second Lulz Vigilante
“@The PN
Okay, I guess d3adlyc0d3c’s Skynet/Deathstar/Fagotron/whatever is up and running. The PN are getting so worried about protecting their rep as badasses that they’re going to text message us to death. OH NOES!!!111!!!
Also:
http://i5.tinypic.com/6f8zsso.jpg
@Everybody Else
Fun fact about the PN #1
Did you guys know that everytime a resident types “PN impersonators lol!” that d3adlyc0d3c’s hemorrhoids start to itch?”
lulz, ya you got me. Skynet just IMspams PNs (lmao). Don’t get butthurt because you got pwnd. It happens. Just go about your merry way making empty retarded claims about anti griefer operations and other nonsense. PPl hate me so because I am a top notch scripter and I am responsible in some way for alot of our newest tech, including the self replication code used to develop those lulzturtles (not too mention spreading them across the grid)
If you got a real life then it wouldnt bother you, but since you have invested all your time into space monies and screwing other male avatars dressed like dogs with giant e-penises (while calling my name, lulz) you have nothing but that little e-lawn we desecrate all day long. Get a bitch and stop BAAAAAAWING.
@corona
“ok
^ban^ claims to be a leader of the PN
right so if this person has sent a note to the herald then you must have their actual @
suggest you send it to LL with details of their claimed status as leader of a sad group of infantile fuckwits
with any luck LL will act on this and there will be one less greifer in SL with the potential intent of disrupting university classes cos they see all of SL as a ‘game’”
you are a fucktard. As stated previously, we spoof our ip’s ALL THE FUCKING TIME. That means that they would be banning some ip in Denmark or some shit. SLH probably doesn’t even have any high profile PN’s real ip.
Second Lulz Vigilante
Sep 16th, 2007
@d3adlyc0d3c
“Don’t get butthurt because you got pwnd.”
lol wut? Dude, I actually missed the lulzturtles and your gridwide IM thingy. I never seen to be online anymore when the fireworks happen. :\
I’m online a lot more often during th winter when it’s freezing outside. Maybe I’ll get to see what the big deal is then. *shrugs*
“PPl hate me so because I am a top notch scripter and I am responsible in some way for alot of our newest tech, including the self replication code used to develop those lulzturtles (not too mention spreading them across the grid)”
True, that’s why THEY hate you. I dislike you only for the simple fact that you can’t seem to figure out the difference between all this Web 2.0 shit and actual trolling.
“If you got a real life then it wouldnt bother you, but since you have invested all your time into space monies and screwing other male avatars dressed like dogs with giant e-penises (while calling my name, lulz) you have nothing but that little e-lawn we desecrate all day long.”
Sure. Believe whatever makes you feel better, codec.
Meanwhile and to wit:
http://i5.tinypic.com/6f8zsso.jpg
d3adlyc0d3c
Sep 16th, 2007
It doesn’t affect how I feel period. You are one of thousands of SLers that despise me. Do you really think you are that special? Maybe I was wrong, I bet you are butthurt because you got b& from PN. One of mooty’s cronies perhaps?
For someone who says they can troll and yaks yaks yaks about trolling all day, I haven’t seen shit from you yet. So when are you going to start trolling?
I troll people on a regular basis, and I don’t have to use objects todo it either. Mooty and his cronies refuse to acknowledge that even though I have personally posted chatlogs of it here on various articles on SLH. Its because you are butthurt, and you belong to a little fail grp w/o any resources (or skills) and are wishing that WE would disappear so you could avoid remembering how fail you are when you hear about us.
GTFO MAH INTERTUBES, JEW.
One minute you make wild claims about anti griefer ops and the next you try and act like a /b/
JWAN? lolfgt.
^ban^
Sep 16th, 2007
“ok
^ban^ claims to be a leader of the PN
right so if this person has sent a note to the herald then you must have their actual @
suggest you send it to LL with details of their claimed status as leader of a sad group of infantile fuckwits
with any luck LL will act on this and there will be one less greifer in SL with the potential intent of disrupting university classes cos they see all of SL as a ‘game’”
Claim? I _am_ the newest leader of the PN.
As for IP: The SLH does not have it, nor do they have an email address that can be easily linked to me (neither does TypePad, who actually hosts these comments)
@Second Lulz Vigilante
gb2/bed/ JWAN. Maybe you’ll be less butthurt that you’re a crappy leader when Maldy is done yiffing you.
Nacon
Sep 16th, 2007
More boring half-assed news again, Pixeleen?
Second Lulz Vigilante
Sep 16th, 2007
BAWWWWW
Second Lulz Vigilante
Sep 16th, 2007
@^ban^ and d3adlyc0d3c
Once again, believe whatever the Hell you guys want. Har har!
@Everybody Else
Fun Fact About The PN #2
Did you know that everytime the PN claims what they do is real trolling, God kills a baby chicken? XD
Second Lulz Vigilante
Sep 16th, 2007
DISREGARD EVERYTHING I SAY. I HAVE BEEN EPICLY TROLLED BY TEH PN. ALSO D3ADLYC0D3C PWNZ ME AND I AM BUTTHURT. THAT IS ALL.
d3adlyc0d3c
Sep 16th, 2007
“Fun Fact About The PN #2
Did you know that everytime the PN claims what they do is real trolling, God kills a baby chicken? XD”
lulz, then what does he do when you claim to be doing fake trolling, fgt?
PN pwnz you. You said so above, kthx.
Second Lulz Vigilante
Sep 16th, 2007
@d3adlyc0d3c
Like I said, codec “Believe whatever you want”. Now go lose some weight and shave your neckbeard :p
Second Lulz Vigilante
Sep 16th, 2007
This is as my Master told it to me and now I tell it thee.
There are a billion names of furfaggotry! A billion kinds of furries that slither and slime and defile the land and sea and wind. Each furry is a kind of sin spawned by the internet’s evil. And that internets is very sinful there are many of these damned furfags and their power is great.
As the purpose of all things in nature is to increase so it is with the furry. They would we joined them and so they seek to overcome us. In alien forms they assault us. In sleep they come to spread doubt and fear among us. They would corrupt our hearts and see us yiff too. Trust them not nor suffer them to live.
For each furfag destroyed is a soul freed from eternal bondage. Each mortal furry life extinguished is a /i/nsurgent soul raised to glory. Thus our eternal destiny is written in the blood of the furfag.
With box and tampon destroy the furfag. With pizza and koran smash the furfag. With credit card hacks and searing mormons scatter the furfag to the stars. With gore and dataforce and bandwidth raep, with hax and AIDS and jehovas, with yellow vans and steroids!
Kill them! Kill them! Kill them all!
As my Master told it me I now tell it thee that thou shalt tell others in thy turn.
d3adlyc0d3c
Sep 16th, 2007
Just don’t do it again fgt mmkay?
janeforyou Barbara
Sep 16th, 2007
This is just stupid—– you enter SL on yor own risk, you enter my land on your own risk.
Law??? lol!!!! Wel there was this guye in USA that tryed to sue a clenery for 50 mill cuz thay missed his dress…. imaoo, this is just as stupid,, if thay cant handle SL with its wrongs and rights,, stay away.I dont like this greefers, but thay allways been there, and LL cant handle 5000 abusereports a day so we land owners got to take care of things us self. SL are run and owned by you and me..i make the law on my land..period.
Second Lulz Vigilante
Sep 16th, 2007
Please accept my apologies for being a fag, codec. Truth is I rly want your body, kthx.
mootykips
Sep 16th, 2007
“For each furfag destroyed is a soul freed from eternal bondage.”
Wow, sounds a lot like BioShock.
dandellion Kimban
Sep 16th, 2007
@ 2nd lulz whatever: You are just plain stupid or you are crazy paranoid too?
Blanca Fizzle
Sep 16th, 2007
@second lulz vigilante:
You are certifiably insane aren’t you?
Sage
Sep 17th, 2007
I heard you liek mudkips, mootykips
PN: Mootykips
Real Name: Lance Johnson
Birthdate: 05/11/91
Age: 16
Location: Spokane’s South Hill, Washington State
Relatives: Bob ( Father, a car salesman) & Angela (Mother)
Email: carbon016@gmail.com
admin@tetravalency.org
MSN: carbon016@gmail.com
Website: http://www.tertavalency.org
School: Eastern Washington University (3 years)
Gonzaga University – BA in International Studies
http://img522.imageshack.us/my.php?image=13johnson405132007slai2uf3.jpg
LAWL
A furry bystander
Sep 17th, 2007
Yo, secondlulz and d2adly…
With this bickering like little schoolgirls in these comments, you do realize that all furries reqading this are laughing their fucking asses off at you, right?
mootykips
Sep 17th, 2007
Hey! You couldn’t even spell my URL right!
d3adlyc0d3c
Sep 17th, 2007
“With this bickering like little schoolgirls in these comments, you do realize that all furries reqading this are laughing their fucking asses off at you, right?”
I didnt know it was possible to laugh without damaging your internal organs while you have a giant dogcock wedged in your ass.
DaveOner
Sep 17th, 2007
This comment section turned dumb pretty quickly this time around.
Unfortunately the article set the tone pretty quickly, too. This sounds to me like it was just another idiot that doesn’t 100% understand SL as it could relate to education speculating on what types of ambulances he might get to chase on the internet someday.
This is just like when it was cool for the mainstream media to run exposes on 14 year old girls meeting 40 year old guys in vampire chatrooms and hooking up IRL. How many articles do we need to tell us to be scared of everything?
And are you, Pixeleen, trying to fill in the vortex of crazy/paranoid negativity in the space where Prock once brooded? If so you need to turn it up a notch or two because you’re just coming off as ignorant without the “paranoid asshole that nobody sane likes” angle.
This is like the NY Times running stories with the titles of “The World Sucks” and “Lawyer: People Don’t Get Along All The Time In New York” instead of actual news.
You guys are better than this!!
Second Lulz Vigilante
Sep 17th, 2007
If I were a proper /b/rother-captain, I would know the meme we are supposed to say. But I think you all know what we have to do. We do not know what our chances of survival are, so we fight as if they were zero. We do not know what we are facing, so we fight as if it was the furfag gods themselves. No one will remember us now and we may never be buried beneath the internet tubes, so we will build our own lulz here. The chan might lose us and the internets might never know we existed, but the furfag – the furfag will know. The furfag will remember. We will hurt it so bad that it will never forget us until the internet tubes are sealed shut and the Emperor vanquishes it at the end of time. When furfaggotry is dying, its last thought will be of us. That is our memorial – carved into the heart of furfags. We cannot lose, /i/nsurgents. We have already won
A furry bystander
Sep 17th, 2007
A child that is 1-5 years old could most certainly give consent. The younger they are, the less they may understand, but its all in how the adult would explain it to them…I think that a child is able to give their consent if the adult explains everything in a way they would best understand. I would even go so far in as to say that even if a child is curious and sees their parent naked by accident, if that child goes on to somehow touch their parent’s genitals..I would say it would be the parent’s responsibility to explain the differences between boys and girls as best as they can (depending on the child’s age, of course), as well as saying “Well, when you do this it makes me feel good, but you don’t have to do it unless you want to. I will never make you do it.” If the child continues touching, I would indicate that to mean they have given their consent.
Second Lulz Vigilante
Sep 17th, 2007
Hmmm…flurry of activity.
@dandellion Kimban
“@ 2nd lulz whatever: You are just plain stupid or you are crazy paranoid too?”
Nah. The PN are posting comments using my handle. A LOT of them. It’s not hard to do. I usually refrain from it but to demonstrate I’ll post a comment as d3adlyc0d3c when I’m done here making it appear like he’s saying “I’m a little teapot”.
@Blanca Fizzle
“In my day being crazy meant something. Nowadays, EVERYBODy’S crazy.”-quote from Charles Manson
:p
@A Fake Second Lulz Vigilante
“This is as my Master told it to me and now I tell it thee.
There are a billion names of furfaggotry! A billion kinds of furries that slither and slime and defile the land and sea and wind. Each furry is a kind of sin spawned by the internet’s evil. And that internets is very sinful there are many of these damned furfags and their power is great.
As the purpose of all things in nature is to increase so it is with the…”
tl;dr
The YouTube anti-furvert trolls are funnier. And they’re winning the YouTube furry war. Study them.
http://www.youtube.com/user/atxscubasteve22
http://www.youtube.com/user/SylvesterFox
Bar none, the best anti-furfag trolls I’ve ever seen.
@A furry bystander
“With this bickering like little schoolgirls in these comments, you do realize that all furries reqading this are laughing their fucking asses off at you, right?”
Whatever. Go check out those YouTube URLs I posted when you decide it’s time to start crying in your pillows again.
@d3adlyc0d3c
“I didnt know it was possible to laugh without damaging your internal organs while you have a giant dogcock wedged in your ass.”
Ah, now that was better than a fancy Deathstar thing wasn’t it? You’ve started down the true path of trolling.
Needs work though. Study those YouTube links above. I also recommend you try a 12 step program to overcome your addiction to silly scripted doohickeys. And finally, work on your paranoia a little bit, will ya? For fuck’s sake, you guys are starting to sound like Prokofy with all this tinfoil you keep spewing. This thing (http://i5.tinypic.com/6f8zsso.jpg) won’t bother you so much then.
And codec? You’re a little teapot. :p
d3adlyc0d3c
Sep 17th, 2007
@Second Lulz Vigilante
“And codec? You’re a little teapot. :p”
You’re right, Second Lulz.
I am a little teapot.
And I’ll try to follow your sage advice from now on sir. I’ll make an effort to stop taking the interbutt so seriously. I promise not to a blow a gasket when people post this kind of stuff anymore:
http://i5.tinypic.com/6f8zsso.jpg
I sowwy.
Second Lulz Vigilante
Sep 17th, 2007
Now this is the story all about how
My life got flipped, turned upside down
And Id like to take a minute just sit right there
Ill tell you how I became the prince of a town called bel-air
In west philadelfia born and raised
On the playground where I spent most of my days
Chilling out, maxing, relaxing all cool
And all shooting some b-ball outside of the school
When a couple of guys said were up in no good
Started making trouble in my neighbourhood
I got in one little fight and my mom got scared
And said youre moving with your aunte and uncle in bel-air
I whistled for a cab and when it came near the
Licensplate said fresh and had a dice in the mirror
If anything I could say that this cab was rare
But I thought now forget it, yo home to bel-air
I pulled up to a house about seven or eight
And I yelled to the cabby yo, home smell you later
Looked at my kingdom I was finally there
To settle my throne as the prince of bel-air
Second Lulz Vigilante
Sep 17th, 2007
For some reason I am also obsessed with paper bags and red candles…and pepto bismal. I cant stop thinking about them. My whole life revolves around those things and pretending I can troll. Also I think I will take a break for a sec while I masturbate and fantasize about being gangraped by PN’s. Life is so sad (yiff yiff yiff)
d3adlyc0d3c
Sep 17th, 2007
We have a new weapon now:
http://www.youtube.com/watch?v=uDIS8YS4wlo
Also here you see we did, in fact do 9/11
http://www.youtube.com/watch?v=xVuYMP6JO-0
mootykips
Sep 18th, 2007
The script for the aforementioned weapon is, of course, @ the PN script directory at http://tetravalency.org/scripts.html
Second Lulz Vigilante
Sep 18th, 2007
Halp!! I cant find my way out of my closet, every stairway leads to brick walls and I searched my trashcan and confirmed that I did not leave my car there. Also there are little red squirrels fighting the sugar people away and I am shitting uncontrollably but am not sure if the toilet is really there.
A furry bystander
Sep 18th, 2007
Crying in my pillows? What, from that?
Oh, you mean tears rolling down my cheecks from laughter. I’ll check them out later, I can use a good laugh after seeing this sad, sad development.
You guys used to do it for the lulz. Now, you fight among yourselves, and your trolling has lost it’s edge. I used to be a fan of whatever pranks you called, delighted at the drama you provoked among furfags.
You guys are losing it. Because you’ve taking things too serious. Lighten up. Fight furfags, not eachother.
A furry bystander
Sep 18th, 2007
Checked out those vids. atxscubasteve22 I knew already, but didn’t recognise the name.
And that’s what I’m talking about indeed, as in good trolling.
d3adlyc0d3c
Sep 18th, 2007
I troll everyone
A furry bystander
Sep 18th, 2007
BAWWWWW
a furry bystander
Sep 19th, 2007
Yeah this is exactly what I’m talking about. You guys suck at griefing and trolling, sorry to have to say it so bluntly.
Atxscubasteve22 could learn you guys a thing or two.
You fail.
A furry bystander
Sep 19th, 2007
I love Atxscubasteve22 the comments he leaves on youtube are awsome, I want to suck his cock