> Simon Disk: > Could be wrong but I read the new ToS as lumping patent rights under Intellectual Property Rights and then compelling the user to grant a license under IPR (and therefore also patent rights).
Yes. I agree. That seems to be the case. S4.1, S7.1, and S7.2, however don't seem to do what the previous patent peace clause did however. This one entitles LL to deal with the IP, but it does not extinguish the right for an creator to assert patent rights over content with respect to the created content of other creators, so it does not seem to go as far in ensuring patent peace as the previous TOS. In fact by grouping patents with copyright and trademarks under IP it looks to me like it might have the opposite effect - to actively endorse the establishment and assertion of such rights with respect to patents. I wonder if this was intended. There are strong arguments on both sides of the view, but given Ginsu Linden's (Linden Lawyer) previous strong pronouncements against patents in software generally and specifically in the context of user generated content in SL, a TOS that appears to omit the more encompassing patent peace clause is surprising. No doubt there is a reason for it, but I can't see the intrusion of patent protection into SL content as beneficial for innovation and advancement of the VW concept at this early stage in the game. Regards Jonathan Bishop Managing Director Bishop Phillips Consulting | Melbourne, Australia - Vancouver, Canada Mobile +61 411.404.483 | Office +61 (3) 9525.7066 | Fax +61 (3) 9525.6080 bish...@bishopphillips.com | www.bishopphillips.com <http://www.bishopphillips.com/> _____ From: opensource-dev-boun...@lists.secondlife.com [mailto:opensource-dev-boun...@lists.secondlife.com] On Behalf Of Simon Disk Sent: Thursday, 1 April 2010 11:48 PM To: opensource-dev@lists.secondlife.com Subject: Re: [opensource-dev] New TOS - Compulsory patent licensing gone? Could be wrong but I read the new ToS as lumping patent rights under Intelectual Property Rights and then compelling the user to grant a license under IPR (and therefore also patent rights). Under section 4.1 it defines IPR as: "Intellectual Property Rights" means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law. Then under section 7.1: You retain any and all Intellectual Property Rights you already hold under applicable law in Content you upload, publish, and submit to or through the Servers, Websites, and other areas of the Service, subject to the rights, licenses, and other terms of this Agreement, including any underlying rights of other users or Linden Lab in Content that you may use or modify. Then under 7.2: You agree that by uploading, publishing, or submitting any Content to or through the Servers, Websites, or other areas of the Service, you hereby automatically grant Linden Lab a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content solely for the purposes of providing and promoting the Service.
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